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2013-86
CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY THIS CONTRACT FOR SALE AND PURCHASE (the "Contract") is made and entered by and between The CITY OF CLERMONT, a Florida municipal corporation, whose address is P.O. Box 120219 Clermont, Florida 34769 ("Buyer") and CENTENNIAL BANK, a Florida Banking Corporation, whose address is 1200 Hillcrest Street, Orlando, Florida 32803 ("Seller"): WITNESSETH: WHEREAS, the Seller is or will be the record owner of fee simple title to certain real property situate in Lake County, Florida, known as the Celebration of Praise Church of God Property and located at 3700 Hwy 27,South;and WHEREAS, the Seller is desirous of selling and conveying said real property to Buyer and Buyer is desirous of purchasing the same from Seller upon the teens and conditions set forth herein; NOW THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, the mutual covenants herein contained, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do covenant,stipulate and agree as follows,to wit: 1. Description of Property;Prior Foreclosure: "As-Is"Sale (a) The property that is to be sold and conveyed by Seller and purchased and accepted by Buyer pursuant to this Contract shall consist of the following,to wit: That certain real property situate in Lake County,Florida located at 3700 Highway 27, South, Clermont,Florida containing approximately 48 acres and as described with particularity on Exhibit "A" attached hereto, together with all improvements, tenements, hereditaments, rights, privileges and easements thereunto belonging, to include any and all personal property,fixtures and improvements to be identified as part of the inspection review described in Paragraph 6 below, (hereinafter together referred to as the"Pro _rtye "). (b) Buyer acknowledges that Seller has or will prior to Closing have acquired title to the Property through foreclosure pursuant to one or more Certificates of Title issued in that certain lawsuit styled Centennial Bank v. Edwin Rodriguez. Mike Given, and C. Waymon Miller, as Trustees of the Church of God a/lc/a Celebration of Praise Church of God. et al., Lake County, Florida Circuit Court Case No. 2012-CA-003461 (the"Certificates of Title"). (c) Buyer agrees that, with respect to the Property, Buyer has not relied upon and will not rely upon, either directly or indirectly, any representation or warranty of Seller, except as expressly set forth herein. Buyer will conduct such inspections and l 0046441115644811533040x2 investigations of the property (iincluding, but not limited to, the physical and environmental condition thereof, and rely upon same and,upon closing, will assume the risk that adverse matters may not have been revealed by Buyer's inspections and investigations. Seller will sell and convey to Buyer, and Buyer will accept the property "as is","where is",with all faults,and without any warranty or representation whatsoever on the part of Seller,express or implied,as to the Property's condition,classification,past or present use, or merchantability, fitness or suitability for any particular purpose, use, design, construction or development, including without limitation any warranty or representation as to surface or subsurface condition, zoning, or the sufficiency, accessibility and capacity of utilities for purchaser's intended use of the property,it being agreed that all such risks are to be borne by Buyer and that Buyer is relying solely on its own inspection and investigation of the property, with respect thereto and not on any statement, oral or written representation or warranty made by seller or anyone acting or claiming to act on behalf of Seller. 2. Agreement to Sell and Purchase and Effective Date The Seller hereby agrees to sell and convey and Buyer hereby agrees to purchase and accept the Property upon the terms and subject to the conditions set forth in this Contract. For purposes of this Contract the last date that the Seller or Buyer executes this Contract shall be the Effective Date. 3. Purchase Price and Method of Payment. Subject to credits, adjustments and prorations for which provisions are hereinafter made in this Contract,the total purchase price for the Property to be paid by Buyer and received and accepted by Seller shall be SIX MILLION THREE HUNDRED THOUSAND DOLLARS ($6,300,000.00). The purchase price shall be paid by Buyer to Seller in the manner and at the times following,to wit: (a) Within Five (5) days of the Effective Date, the sum of THREE HUNDRED THOUSAND AND NO ONE HUNDREDTHS DOLLARS ($300,000.00) shall be paid by Buyer to Seller as earnest money deposit hereunder ("gamest Money peposit"), and deposited in escrow to be held by the law firm of Lowndes, Drosdick, Doster, Kantor and Reed,P.A. ("Escrow Agent") for the benefit of Buyer and subject to the terms and conditions hereof. (b) The deposit set forth above shall be held in a non-interest bearing account by Escrow Agent in accordance with the terms hereto and shall be credited to and considered as payment of part of the total purchase price for the Property at the time of and upon consummation of the closing hereunder. (c) The balance of the total purchase price after credits, adjustments and prorations, shall be paid by Buyer to Seller in United States funds by cash or by wire transfer. 4. Title. Within fifteen.(15) days of the Effective Date, Seller, at Seller's expense, shall deliver to Buyer an original commitment for title insurance committing to issue an Owner's policy to Buyer as purchaser of the Property in the amount of the purchase price (the "Commitment"). The title company shall be selected by Seller. During the Inspection Period described in Paragraph 6 hereof,Buyer shall determine whether Buyer is willing to accept title to 2 0046461‘15644141533040v2 and acquire the Property from Seller. In the event that Buyer shall determine that any one or more of the title exceptions set forth in the Commitment (the "Title Exceptions") are unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by delivering written notice thereof to Seller on or before the expiration of the Inspection Period, whereupon this Contract shall terminate as provided in Paragraph 7 hereof. Upon termination, Buyer shall be entitled to a prompt refund of any and all deposit payments previously made by Buyer. In the event Buyer shall not terminate this Contract as a result of the investigations and inspections to be performed by Buyer pursuant to Paragraph 6 hereof, then and in such event Buyer shall be deemed to have approved the Title Exceptions and to have agreed to accept title to and acquire the Property from Seller subject to the Title Exceptions. 5. Survey. Buyer may have the Property surveyed at its expense during the Inspection Period. If the survey obtained by Buyer discloses any encroachments or other adverse matters, of any kind, which are unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by delivering written notice thereof to Seller prior to the expiration of the Inspection Period, whereupon this Contract shall terminate as provided in Paragraph 7 hereof. If the Contract is terminated, Buyer shall be entitled to a prompt refund of any and all deposit payments previously made by Buyer,including accrued interest,if applicable. In the event Buyer shall not terminate this Contract during the Inspection Period, then and in such event Buyer shall be deemed to have agreed to accept title to and acquire the Property from Seller subject to any matters disclosed by the survey of the Property obtained by Buyer. 6. Investigations and Inspections of Property. (a) Buyer and its architects, engineers and other agents, at Buyer's sole expense, shall have a period commencing as of the Effective Date of this Contract and terminating at 5:00 p.m. EST on December 12, 2013 (hereinafter referred to as the "Inspection Period") within which to undertake such physical inspections and other investigations of and concerning the Property as may be necessary in order to evaluate the physical characteristics of the Property, as well as such other matters as shall be deemed by Buyer to be necessary in order for Buyer to evaluate the Property and determine the feasibility of Buyer's purchase of the same, including, without limitation, those matters related to the title to the Property as provided in Paragraph 4 hereof, and those matters disclosed by any survey of the Property obtained by Buyer as provided in Paragraph 5 hereof. For such purpose, Seller hereby grants to Buyer and its agents or assigns full right of entry upon the Property and any part thereof during the Inspection Period for the purpose of undertaking such inspections and investigations; provided, however, that Buyer shall give Seller reasonable advance notice prior to entry to the Property,and Seller may have its representative present during any entry. It is expressly provided, however, that Buyer and any agent or assignee of Buyer who shall enter upon the Property pursuant to such right of entry shall,as a condition to the exercise thereof,be deemed to have agreed, and does hereby agree, to indemnify and save and hold Seller harmless from and against any and all loss, damage, cost, expense, liability or responsibility whatsoever (including, without limitation, reasonable attorneys' fees) which may be occasioned,directly or indirectly,by reason of the exercise of such right of entry upon the Property, and that such indemnification shall expressly survive both the termination of this Contract and the closing of the sale and purchase of the Property 3 0046461\I36441111533040v2 contemplated by this Contract. Notwithstanding anything to the contrary contained herein,Buyer shall not cause a"Phase II"or other follow-up environmental inspection to be performed,nor shall conduct any soil or environmental testing or make any borings of any kind, or other invasive testing at the Property without Seller's prior written consent, which may be withheld or conditioned in Seller's sole discretion. (b) During the Inspection Period, Buyer and Seller agree that an inventory shall be completed of all personal property contained with the improvements on the Property,to include,but not be limited to, all seating, staging and related equipment and all audio visual,broadcast,sound systems and production equipment used and maintained by Celebration of Praise Church to operate the facility as a church facility,assembly hall or performance center, to the extent the same have been acquired by Seller pursuant to the Certificates of Title. The parties agree that they will work together during the inspection period to determine any items that shall remain on the property and be transferred to Buyer at closing. (c) Seller shall provide to Buyer, at no cost to Buyer, copies of all reports and analyses that Seller may have obtained, or been provided, at any time, regarding the subject property , to include, but not limited to, any and all records related to the foreclosure action described above, any lien or security interest to any bank, lender of finance company that may exist as to any personal property contained on the inventory described above. Buyer agrees that it will return same to Seller in the event that the transaction contemplated by this Contract does not timely close or the Contract is terminated,due to no fault of Seller. (d) Notwithstanding the foregoing, Seller will not provide to Buyer the following(the"Excluded Records"): (i) any appraisal or other economic evaluations of,or projections with respect to,all or any portion of the Property,including budgets prepared by or on behalf of Seller or any affiliate of Seller, (ii) any loan documents, other correspondence or information related to any of Seller's or Seller's affiliates'prior loans in connection with the Property; and (iii) any documents, materials or information which are subject to attorney/client, work product or similar privilege, which constitute attorney communications with respect to the Property and/or Seller,or which are otherwise confidential or proprietary. (iv) Seller specifically disclaims and makes no warranties or representations regarding any documents provided or not provided to Buyer or its agents by or on behalf of Seller, and has no liability or responsibility regarding any matters disclosed or not disclosed in such documents. Buyer acknowledges that Seller has made no representations or warranties of any kind whatsoever to Buyer as to the accuracy or completeness of the content of any such documents or 4 004646111564481153304012 any other information delivered to or made available to Buyer pursuant to this Contract and its reliance on any such documents and information at its own risk. By executing this Contract,Buyer acknowledges that it has no right to review any of the Excluded Records. (e) Buyer's inspection and due diligence rights as contained herein, shall expire as provided above, however, Buyer shall have the right to initiate the inspection and review as set forth herein as of the date that this Contract is executed by Seller. 7. Unacceptability of Inspections. In the event that the results of the inspections, investigations, reviews, feasibility studies and Seller approvals to which reference is made in Paragraphs 4, 5 and 6 above are, in Buyer's sole opinion and within Buyer's sole discretion, unacceptable to Buyer for any reason whatsoever, and Buyer so notifies Seller of the fact on or before the expiration of the Inspection Period provided in Paragraph 6 hereof, then at Buyer's option and upon Buyer's request, Buyer may terminate the Contract and all payments or deposits, made by Buyer shall be promptly returned to Buyer as Buyer's sole property. If the Contract is terminated by Buyer, it shall be rendered, null and void, and be of no further force and effect and all parties hereto shall thereupon be relieved and absolved of any further liabilities or obligations whatsoever to each other hereunder, except with respect to those liabilities or obligations hereunder which are expressly stated to survive the termination of this Contract. The failure of the Buyer to notify Seller of the unacceptability of any such inspections,investigations, reviews and feasibility studies prior to the expiration of the Inspection Period shall constitute a waiver of Buyer's right to terminate this Contract. Except in the event that Seller breaches any of the terms and conditions of this Agreement, if Buyer fails to terminate the agreement as provided in this section 7,all earnest money deposits shall be nonrefundable. 8. Conveyance of Property. At Closing, Seller shall deliver to Buyer: (i) a duly executed Special Warranty Deed in recordable form conveying fee simple title to the Property free and clear of all liens, encumbrances and exceptions except for matters of title accepted by Buyer set forth in the Commitment and the Church Lease (as hereinafter defined); (ii) an assignment from Seller to Buyer in a form acceptable to Buyer, assigning all of Seller's right, title and interest, if any, in all guarantees and warranties pertaining to the Property and any permits, licenses,plans, authorizations and approvals relating to the Property, (iii) a Bill of Sale or other document acceptable to Buyer, transferring any and all Personal Property, if any, as agreed to by the parties,free and clear of all liens and encumbrances;(iv)an affidavit from Seller certified to Buyer and to the title company in form required by Buyer and the title company to delete from Buyer's title insurance policy all construction liens and possession exceptions and any other exceptions the title company will delete based on Seller's affidavit; (v) a certification by Seller which indicates that Seller is not a foreign person as defined in the Internal Revenue Code; (vi) Seller's counterpart to an assignment and assumption of the Church Lease; (vii) a duly-executed Seller's closing statement; (viii) such documents as the title company requires in order to evidence the authority and good standing of Seller to complete this transaction; and(ix) other documents reasonably required by Buyer or the title company in order to consummate the transaction contemplated herein. At Closing, Buyer shall pay to Seller the Purchase Price of the Property described above, subject to adjustments and prorations set forth herein and shall deliver to Seller. (x) Buyer's counterpart to an assignment and assumption of the Church Lease; (xi) a S 0046461%156448%153304M duly-executed Buyer's closing statement; and (xii) other documents reasonably required by Seller or the title company in order to consummate the transaction contemplated herein. 9. Closing. The sale and purchase transaction contemplated in this Contract shall be closed, the purchase price paid and the aforesaid notes and closing documents delivered on or before December 27, 2013. The Closing shall be completed by a closing agent or attorney as selected by Seller and shall take place at a location and at such time as shall be mutually agreed upon between Buyer and Seller. 10. Closing Costs. The Seller shall pay for state documentary stamps required to be affixed to the Special Warranty Deed, the premium for a standard owner's title insurance policy to be issued pursuant to the Commitment,and the cost of recording any and all other documents necessary to deliver good and clear title. The Buyer shall pay for the cost of recording the Special Warranty Deed, the premium for any endorsements to the standard owner's title insurance policy requested by Buyer, the documentary stamps, intangible tax, recording costs and any other costs associated with Buyer's mortgaging of the property,if any, and the premium for any mortgagee's title policy and all endorsements thereto required by Buyer's lender, if any. Buyer and Seller shall each bear its own attorneys'fees. 11. Possession. Possession of the Property shall be delivered by Seller to Buyer at the time of closing hereunder. Prior to closing and the delivery of possession as aforesaid,Seller shall remain the owner of the Property and shall bear the risk of all loss of whatever nature, except as provided in Paragraph 6 hereof with respect to loss occasioned as a result of Buyer's inspections and investigations of the Property. In the event that prior to Closing all or a portion of the Property being acquired is condemned or condemnation proceedings have been instituted for any public or quasi-public use or purpose,then Buyer shall have the option to terminate this Contract, in which event the payments previously made by Buyer to Seller shall be returned to Buyer, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein. CELE6.4Thu of?RAIf& CmolcM of 6-oD, T04G. Fco(2 DA 'loT-Fae- Buyer and Seller acknowledge that possession of th property shall be delivered subject PQvFrrCceporL4rr to that certain Lease Agreement by and between Seller and�dw' , (the "Omsk Lease"). Seller shall provide to Buyer at least fifteen (15) days prior to the expiration of the Inspection Period a fully executed copy of the Church I/,/ Lease. The Church Lease may be terminated upon sixty (60) days' prior written notice, which notice Buyer,in its sole discretion, may instruct Seller to deliver following the expiration of the Inspection Period. However, Buyer and Seller hereby acknowledge, that even if such notice is promptly given by Seller, Buyer will acquire the Property subject to the remaining term of the Church Lease. 12. Proration. Ad valorem real and personal property taxes for the year of closing shall be prorated as of the date of closing. If,however,the amount of such taxes for the year of closing cannot be ascertained,the rates, millages and assessed valuations for the previous year, with known changes and utilizing full discounts, shall be used as an estimate, and tax prorations based on such estimate shall be readjusted by Buyer and Seller when the actual tax bills for the year of sale are received, which obligation shall expressly survive closing for a period of twelve 6 004646I115644811533040v2 (12) months. Buyer and Seller acknowledge that prior Seller's ownership of the Property, the Property was owned by a tax-exempt entity, and thus no property taxes for the year 2013 are currently due and payable. To the extent, however, it is determined after closing that property taxes are due an owing for the 2013 tax year and related to the ownership of the Property by Seller,Buyer shall notify Seller in writing of the subject tax liability and Seller shall,within sixty (60)days of the date of the notice,pay or otherwise resolve the tax liability. 13. Representations and Warranties of Seller. Seller represents and warrants (which warranties shall survive the closing hereunder)to the Buyer that: (a) From and after the date that Seller executes this Contract, Seller shall not perform or permit any act or event that might diminish, encumber or adversely and materially affect the condition of or title to the Property or Buyer's rights under this Contract. (b) Intentionally Deleted. (c) Intentionally Deleted. (d) Intentionally Deleted. (e) Seller has full power, right and authority, and is duly authorized to enter into this Contract,to perform each and all of the matters and acts herein provided,and to execute and deliver all documents provided hereunder. (f) Other than pursuant to the Church Lease, there is no tenant or any other occupant of the Property having any right or claim to possession or use of the Property. Possession of the Property shall be delivered to Buyer by Seller free of rights or claims of any tenants, occupants or parties in possession other than as granted under the Church Lease. (g) Intentionally Deleted. (h) Intentionally Deleted. (i) Intentionally Deleted. 0) Intentionally Deleted. (k) Intentionally Deleted. (1) Seller is a duly-organized Arkansas banking corporation authorized to transact business in the State of Florida and has authority to execute this Contract, and this Contract is binding on Seller. (m) To the best of Seller's knowledge and belief, no representation, statement or warranty by Seller contained in this Contract or in any exhibit attached hereto contains 7 004646111564481153304012 or will contain any untrue statements or omits or will omit a material fact necessary to make the statement of fact therein recited not misleading. (n) To the best of Seller's knowledge, neither the execution and delivery of this Contract, nor compliance with the terms and conditions of this Contract by Seller, nor the consummation of the sale, constitutes or will constitute a violation or breach of any agreement or other instrument to which it is a party,to which it is subject or by which it is bound. The statements and representations of Seller set forth in this Contract shall be true and shall be deemed reaffirmed at the Closing and shall survive the Closing. If, after the date that Seller signs this Contract, any event occurs or condition exists of which Seller has knowledge or about which Seller receives information which renders any of the representations contained herein untrue or misleading, Seller shall promptly notify Buyer in writing and Buyer shall thereafter have the option to terminate this Contract prior to closing, in which event all payments made by Buyer to Seller shall remain the sole property of Seller, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein. 14. Conditions Precedent to Closing. Buyer's obligation to close the sale and purchase transaction contemplated in this Contract shall be and is expressly conditioned upon all warranties of Seller described in Paragraph 13 being true and correct at the time of closing without any breach or breaches of the same by Seller,and upon all obligations of Seller provided in this Contract being fully performed by Seller, having occurred or being waived by Buyer in writing prior to or at closing. 15. Default. In the event that Buyer fails to close on the purchase of the subject property, and subject to the survey and inspection periods set forth in Paragraphs 5 and 6, any Ernest Money Deposit shall become the sole property of Seller. Seller's retention of the deposit shall constitute liquidated damages and be Seller's sole remedy for any breach of this Contract by Buyer(except to the extent that Buyer damages Seller's Property), it being agreed that(i)the deposit is a reasonable estimate of and bears a reasonable relationship to the damages that would be suffered and costs incurred by Seller as a result of having withdrawn the Property from sale and the failure of closing to occur due to a default of Buyer under this Contract; (ii) the actual damages suffered and costs incurred by Seller as a result of such withdrawal and failure to close due to a default of Buyer under this Contract would be extremely difficult and impractical to determine; (iii) Buyer seeks to limit its liability under this Contract to the amount of the payments made, and to be made if this Contract is terminated and the transaction contemplated by this Contract does not close due to a default of Buyer under this Contract; and (iv) such amount shall be and constitute valid liquidated damages. If the Seller fails to perform any of the covenants of this Contract on its part to be performed,Buyer may at its option: (i)terminate this Contract whereupon the payments made by Buyer to Seller shall be returned and Seller shall be released and relieved of all obligations or liabilities under this Contract; or(ii)proceed in equity in an action for specific performance to enforce its rights under this Contract. 16. Assienability. Buyer may not assign its interest herein without the prior written consent of the Seller, provided however, that such consent shall not be unreasonably withheld and Buyer and its assignee shall be liable to Seller for any and all applicable obligations under 8 0046461115644811533040+2 • this Contract. Any assignment shall be in writing and a copy of'such assignment executed by both assignor and assignee shall be delivered to Seller. 17. J,itItation and Attorneys'Fees. In the event it shall be necessary for either party to this Contract to bring suit to enforce any provision hereof or for damages on account of any breach of this Contract or of any warranty, covenant, condition, requirement or obligation contained herein, the prevailing party in any such litigation, including appeals, shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys' fee as fixed by the Court. 18. i5urvival of Provisions. The provisions of this Contract shall not survive the closing hereunder except as expressly provided elsewhere in this Contract. 19. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is of the essence of this Contract and in the performance of all conditions,covenants,requirements, obligations and warranties to be performed or satisfied by the parties hereto. Waiver of performance or satisfaction of timely performance or satisfaction of any condition, covenant, requirement, obligation or warranty by one party shall not be deemed to be a waiver of the performance or satisfaction of any other condition,covenant,requirement,obligation or warranty unless specifically consented to in writing. Unless otherwise expressly provided herein, all periods for performance, approval, delivery or review and the like shall be determined on a "calendar" day basis. If any day for performance, approval, delivery or review shall fall on a Saturday,Sunday or legal holiday,the time therefor shall be extended to the next business day. 20. Notices,. Any notice or other communication permitted or required to be given hereunder by one party to the other shall be in writing, shall be effective upon receipt and shall be delivered by registered or certified United Sates Mail, postage prepaid, return receipt requested,or by facsimile,telecopy,or email transmission,with acknowledgment of receipt upon transmission,to the party entitled or required to receive the same,as follows: TO SELLER: Centennial Bank 1200 Hillcrest Street Orlando,Florida 32803 Attn: Cy Norman Facsimile:(407)371-6872 Email:CNorman@myl9obank,com WITH A COPY TO: Lowndes,Drosdick,Doster,Kantor&Reed,P.A. 450 South Orange Avenue,Suite 200 Orlando,Florida 32801 Attn: Gary Soles,Esquire Facsimile: (407)843-4444 Email:gary.soles®lowndes-law.com TO BUYER: City of Clermont P.O.Box 120219 9 004646111564481533040+2 Clermont,FL 34712-0219 Attn.:Darren Gray,City Manager Facsimile: (352)394-1452 Email:dgray(a3clermontfl.org WITH A COPY TO: De Beaubien Knight,Simmons,Mantzaris& Neal,LLP 332 North Magnolia Avenue Orlando,Florida 32801 Attention:Daniel F.Mantzaris,Esquire Fax:(407)992-3541 Email:dfml4Qa dbksmn.com 21. Governing Law and Binding Effect. This Contract and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of Florida and shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto as well as their respective heirs,personal representatives,successors and assigns. 22. Integrated Contract, Waiver and Modification. This Contract represents the complete and entire understanding and agreement between the parties hereto with regard to all matters involved in this transaction and supersedes any and all prior or contemporaneous agreements, whether written or oral. No agreements or provisions, unless incorporated herein, shall be binding on either party hereto. This Contract may not be modified or amended nor may any covenant, agreement, condition, requirement, provision, warranty or obligation contained herein be waived,except in writing signed by both parties or,in the event that such modification, amendment or waiver is for the benefit of one of the parties hereto and to the detriment of the other,then the same must be in writing signed by the party to whose detriment the m.. :Lion, amendment or waiver inures. lwe-i-vv.,Nd,wrrpwrLlrirknwv, sa/�yT--rO ;, ESP, THE r o--', ES op RAT loes, P.A., 02 [3a-Er "So+JEi 71TLE,ti.t., I, \ 41 1 23. Brokerage and Attorney Fees. Seller and Buyer each ac'" ,I.dge that no broker or finder has been employed by either party and that they each warrant that no commissions are payable or due to any broker or finde employed by them in connection with this Contract or the transaction contemplated herein. Seller and Buyer agree to indemnify, defend and hold the other harmless from and against any commissions or fees or claims for commissions or fees, including attorney fees, arising under the indemnifying party, which indemnification shall expressly survive the termination of this Contract and the closing of the sale and purchase of the Property contemplated by this Contract. 24. Joinder of Escrow Agent: Ditties. The duties of the Escrow Agent are only as herein specifically provided, and Escrow Agent shall incur no liability whatever except for willful misconduct or gross negligence as long as the Escrow Agent has acted in good faith. The Buyer and Seller each release the Escrow Agent from any act done or omitted to be done by the Escrow Agent in good faith in the performance of its duties hereunder. The Buyer and Seller hereby authorize the payment of said Earnest Money, by the Escrow Agent in accordance with the terms and provisions set forth in this Contract. In the event,however,that in the discretion of the Escrow Agent there exists some doubt as to how or under what circumstances the Earnest Money shall be disbursed hereunder, and the parties hereto are unable to agree and direct, in 10 00464611156441M5330401/1 writing, as to whom or under what circumstances the Escrow Agent shall disburse the same, Escrow Agent shall be entitled to interplead said Earnest Money and interest into the Circuit Court of Lake County, Florida, without further liability or responsibility on its part. Costs, expenses and attorneys' fees associated with any such interpleader shall be deducted from the amount of the Earnest Money and interest earned thereon. Buyer hereby acknowledges that Escrow Agent is counsel to Seller and specifically agrees that Seller's counsel shall not be required to withdraw as and may act as counsel for Seller in connection with any dispute or other matter arising out of this Agreement or the Property, notwithstanding that Seller's counsel has also acted as Escrow Agent. Escrow Agent joins in the execution of this Contract for the express purpose of agreeing and acknowledging the terms and conditions related to the retention and disbursement of the Ernest Money Deposit funds herein. 25. Radon. The following notice is incorporated into this Contract pursuant to the requirements of Florida Statutes: "Radon Gas" - Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to person who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit." 26. Counterparts. This Contract may be executed in counterparts by the parties hereto and each shall be considered an original, but all such counterparts shall be construed together and constitute one Contract between the parties hereto. 27. Acceptance. In the event this Contract is not signed simultaneously by Buyer and Seller, it shall be considered to be an offer by Buyer to Seller, in which event this offer shall expire at 5:00 p.m. Eastern Standard time on October 25, 2013 unless a counterpart of this Contract signed by Seller is received by Buyer prior to that time and date. 28. Interpretation. Seller and Buyer acknowledge each to the other that both they and their counsel have reviewed this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation to this Contract or any Exhibits hereto. 29. Weekends and Holidays. For the purposes of this Agreement, the term "business Day"refers to any day that is not a Saturday, Sunday or federal,state or legal holiday. If any deadline or date for performance under this Agreement falls on a Saturday, Sunday or any federal, state or legal holiday, then that deadline or date for performance will be extended to the next succeeding Business Day. 30. Waiver of Jury trial. EXCEPT AS PROHIBITED BY LAW, ALL PARTIES HERETO COVENANT AND AGREE THAT NONE SHALL SEEK A JURY TRIAL ON ANY LAWSUIT, PROCEEDINGS OR COUNTERCLAIM BASED UPON, OR ARISING OUT OF THIS CONTRACT, ANY DOCUMENTS EXECUTED IN CONNECTION HEREWITH, OR THE RELATIONSHIP BETWEEN THE PARTIES. FURTHERMORE,NO PARTY HERETO 11 00464611156448115330404 SHALL SEER TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED. IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale and Purchase to be executed as of dates set forth below, and Escrow Agent has joined this Contract for the purposes of Section 24 hereof. The City of Clermont Attest: a Florida municipal corporation 1 -;tr B LAW, 1(. Tracy Ackro d,City Cle r- Mayor Harold Turville,Jr. Date:Cr+b‘Par ZZ 2D13 Date:cbyrpe(2Z,Z 013 Attest: Centennial Bank By OA : // , . :g Gorporato- ee y- Ti 7t' 7T►i 1 OCi �13 Date: • 1.;'Iti'Em/ Date: �-T' �J Escrow Agent By: Title: Date: 12 004646111564484533040V2 EXHIBIT"A" LEGAL DESCRIPTION FOR PARCEL 1 Parcel 1: THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;THENCE N89°19'34"W,ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET; THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589.95 FEET; THENCE N58°19'00"W, 194.65 FEET; THENCE N32°49'14"E, 48.13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184.42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185.48 FEET TO THE POINT OF TANGENCY; THENCE N24°48'16"W, 283.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285.40 FEET TO THE POINT OF TANGENCY; THENCE S83°37'57"E, 172.27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY NO.27; THENCE S24°47133" E,ALONG SAID RIGHT OF WAY LINE, 994.30 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E,384.37 FEET TO THE POINT OF BEGINNING. LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858,PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952,PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA. TOGETHER WITH: ALL TANGIBLE PERSONAL PROPERTY, INTANGIBLE PERSONAL PROPERTY AND FIXTURES DESCRIBED IN THE SUBJECT B LOAN DOCUMENTS RELATING TO PARCEL 1 ABOVE INCLUDING, BUT NOT LIMITED TO THAT CERTAIN REAL ESTATE MORTGAGE AND SECURITY AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 664 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ASSIGNMENT OF LEASES, RENTALS AND PROFITS RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 676 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; COLLATERAL ASSIGNMENT OF DEVELOPMENT RIGHTS, CONTRACTS, PERMITS AND LICENSES AND UTILITY RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 687 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED 13 00464611156448U 533040v2 THEREIN IN OFFICIAL RECORDS BOOK 3489, PAGE 700, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED THEREIN IN THE FLORIDA SECURED TRANSACTIONS REGISTRY AS FILE NO. 200706272054; UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 3936, PAGE 1931, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN THE FLORIDA SECURED TRANSACTIONS REGISTRY AS FILE NO. 201003007137; MORTGAGE AND NOTE MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL RECORDS BOOK 4102, PAGE 1272, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 4194, PAGE 2045 OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA. LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42,43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,LAKE COUNTY,FLORIDA. LESS AND EXCEPT: THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U.S. HIGHWAY 27 - FORMERLY NO. 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH,RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE ROAD 25,SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532+00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS: COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH,RANGE 26 EAST,LOCATED 1300.17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE RUN SOUTH 26°52'00" EAST 28.21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00; THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+00. LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952,PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA. LESS 14 0046461115644811533040x2 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO.27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;THENCE N89°19'34"W. ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET; THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589.95 FEET; THENCE N58°19'00"W, 194.65 FEET; THENCE N32°49'14"E, 48.13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184.42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185.48 FEET TO THE POINT OF TANGENCY; THENCE N24°48'16"W,283.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285.40 FEET TO THE POINT OF TANGENCY; THENCE S83°37'57"E. 172.27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27; THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994.30 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°5025"E,384.37 FEET TO THE POINT OF BEGINNING. AND LESS AND EXCEPT A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N. 89°20'43" W, A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH BOUNDARY, S. 00°39'17" W., A DISTANCE OF 84.24 FEET; THENCE S. 44°20'43" E, A DISTANCE OF 224.08 FEET; THENCE S. 00°39'17" W., A DISTANCE OF 326.26 FEET;THENCE S.45°39'17" W.,A DISTANCE OF 117.94 FEET; THENCE N. 89°20'43" W., A DISTANCE OF 331.69 FEET; THENCE N. 00°39'17" E., A DISTANCE OF 652.35 FEET TO AFORESAID SOUTH BOUNDARY; THENCE ALONG SAID SOUTH BOUNDARY, S. 89°20'43"E., A DISTANCE OF 256.64 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: 15 004491611156448M 533040d ALL TANGIBLE PERSONAL PROPERTY, INTANGIBLE PERSONAL PROPERTY AND FIXTURES DESCRIBED IN THE SUBJECT LOAN A DOCUMENTS INCLUDING, BUT NOT LIMITED TO THAT CERTAIN REAL ESTATE MORTGAGE AND SECURITY AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 637 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ASSIGNMENT OF LEASES, RENTALS AND PROFITS RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 648 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; COLLATERAL ASSIGNMENT OF DEVELOPMENT RIGHTS, CONTRACTS, PERMITS AND LICENSES AND UTILITY RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 3474,PAGE 658 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED THEREIN IN OFFICIAL RECORDS BOOK 3489, PAGE 702, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED THEREIN IN THE FLORIDA SECURED TRANSACTIONS REGISTRY AS FILE NO. 200706272062;ASSIGNMENT OF SECURITY INSTRUMENTS AND OTHER LOAN DOCUMENTS RECORDED ON MAY 12, 2010 IN OFFICIAL RECORDS BOOK 3904, PAGE 1682 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 3936,PAGE 1930,OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN THE FLORIDA SECURED TRANSACTIONS REGISTRY AS FILE NO. 201003007145; NOTE AND MORTGAGE MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL RECORDS BOOK 3936, PAGE 1914, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; MORTGAGE AND NOTE MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL RECORDS BOOK 4102, PAGE 1263, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 4194, PAGE 2046, OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA. 16 0046461\15644811333040v2 Fidelity National Title Insurance Conipan) POLICY NO 5887-1-0046461/156448-2014 2730609-90596503 OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,FIDELITY NATIONAL TITLE INSURANCE COMPANY,a California corporation,(the"Company")insures,as of Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of 1 Title being vested other than as stated in Schedule A 2 Any defect in or lien or encumbrance on the Title This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (I) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation, (n) failure of any person or Entity to have authorized a transfer or conveyance, (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified,expired,or otherwise invalid power of attorney, (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law,or (vii) a defective judicial or administrative proceeding (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land 3 Unmarketable Title 4 No right of access to and from the Land 5 The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land, (b) the character,dimensions,or location of any improvement erected on the Land, (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice 6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice 7 The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge 9 Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws,or ALTA Owners Policy(6/17/06) 2730609 1 of 6 (with Fionda Modifications) Immo Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good +e 3 standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (I) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor 10 Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions In Witness Whereof,FIDELITY NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company Fidelity National jj�Title Insurance Company (#ij 041 f,p2.!r t X; 1377 t d3o4jni ist 44,41 9A44 Countersigned Authorized Signatory 5887FL 0046461/156448 Lowndes,Drosdtck,Doster,Kantor&Reed,P A 215 N Eola Dr Orlando,FL 32801 Tel (407)843-4600 Fax (407)423-4495 ALTA Owners Policy(6/17/06) 2730609 2 of 6 (with Florida Modifications) &4 xpe<`b Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good sau, standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this (a) created,suffered,assumed,or agreed to by the Insured Claimant, policy,and the Company will not pay loss or damage,costs,attorneys'fees, (b) not Known to the Company,not recorded in the Public Records at or expenses that arise by reason of Date of Policy,but Known to the Insured Claimant and not disclosed 1 (a) Any law,ordinance,permit,or governmental regulation(including in writing to the Company by the Insured Claimant prior to the date those relating to building and zoning)restricting,regulating,prohibiting,or the Insured Claimant became an Insured under this policy, relating to (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy,or (i) the occupancy,use,or enjoyment of the Land, (e) resulting in loss or damage that would not have been sustained if the (ii) the character,dimensions,or location of any improvement Insured Claimant had paid value for the Title erected on the Land, 4 Any claim,by reason of the operation of federal bankruptcy,state (iii) the subdivision of land,or insolvency,or similar creditors'rights laws,that the transaction vesting the (iv) environmental protection, Title as shown in Schedule A,is or the effect of any violation of these laws,ordinances,or (a) a fraudulent conveyance or fraudulent transfer,or governmental regulations This Exclusion 1(a)does not modify or limit (b) a preferential transfer for any reason not stated in Covered Risk 9 of the coverage provided under Covered Risk 5 this policy (b) Any governmental police power This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6 5 Any lien on the Title for real estate taxes or assessments imposed by 2 Rights of eminent domain This Exclusion does not modify or limit the governmental authority and created or attaching between Date of Policy coverage provided under Covered Risk 7 or 8 and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 3 Defects,liens,encumbrances,adverse claims,or other matters CONDITIONS 1 DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean purposes (a) "Amount of Insurance" The amount stated in Schedule A,as may be (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights increased or decreased by endorsement to this policy,increased by and defenses as to any successor that the Company would have Section 8(b),or decreased by Sections 10 and 11 of these had against any predecessor Insured Conditions (e) "Insured Claimant" An Insured claiming loss or damage (b) "Date of Policy" The date designated as"Date of Policy"in Schedule (f) "Knowledge"or"Known" Actual knowledge,not constructive A knowledge or notice that may be imputed to an Insured by reason of (c) "Entity" A corporation,partnership,trust,limited liability company,or the Public Records or any other records that impart constructive other similar legal entity notice of matters affecting the Title (d) "Insured" The Insured named in Schedule A (g) "Land" The land described in Schedule A,and affixed improvements (i) The term"Insured"also includes that by law constitute real property The term"Land"does not include any property beyond the lines of the area described in Schedule A, (A) successors to the Title of the Insured by operation of law nor any right,title,interest,estate,or easement in abutting streets, as distinguished from purchase,including heirs,devisees, roads,avenues,alleys,lanes,ways,or waterways,but this does not survivors,personal representatives,or next of kin, modify or limit the extent that a right of access to and from the Land is (B) successors to an Insured by dissolution,merger, insured by this policy consolidation,distribution,or reorganization, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security (C) successors to an Insured by its conversion to another kind instrument,including one evidenced by electronic means authorized of Entity, by law (D) a grantee of an Insured under a deed delivered without (i) "Public Records" Records established under state statutes at Date of payment of actual valuable consideration conveying the Policy for the purpose of imparting constructive notice of matters Title relating to real property to purchasers for value and without (1) if the stock,shares,memberships,or other equity Knowledge With respect to Covered Risk 5(d),"Public Records"shall interests theesto stock,shares,memberships, are wholly-owned oth other equi also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land named Insured, is located (2) if the grantee wholly owns the named Insured, 0) "Title" The estate or interest described in Schedule A (3) if the grantee is wholly-owned by an affiliated Entity of (k) "Unmarketable Title" Title affected by an alleged or apparent matter the named Insured,provided the affiliated Entity and that would permit a prospective purchaser or lessee of the Title or the named Insured are both wholly-owned by the lender on the Title to be released from the obligation to purchase, same person or Entity,or lease,or lend if there is a contractual condition requiring the delivery (4) if the grantee is a trustee or beneficiary of a trust of marketable title created by a written instrument established by the ALTA Owners Policy(6/17/06) 2730609 3 of 6 (with Florida Modifications) Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good ,n ', standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association 2 CONTINUATION OF INSURANCE 6 DUTY OF INSURED CLAIMANT TO COOPERATE The coverage of this policy shall continue in force as of Date of Policy in (a) In all cases where this policy permits or requires the Company to favor of an Insured,but only so long as the Insured retains an estate or prosecute or provide for the defense of any action or proceeding and interest in the Land,or holds an obligation secured by a purchase money any appeals,the Insured shall secure to the Company the right to so Mortgage given by a purchaser from the Insured,or only so long as the prosecute or provide defense in the action or proceeding,including Insured shall have liability by reason of warranties in any transfer or the right to use,at its option,the name of the Insured for this purpose conveyance of the Title This policy shall not continue in force in favor of Whenever requested by the Company,the Insured,at the Company's any purchaser from the Insured of either(i)an estate or interest in the expense,shall give the Company all reasonable aid(i)in securing Land,or(II)an obligation secured by a purchase money Mortgage given to evidence,obtaining witnesses,prosecuting or defending the action or the Insured proceeding,or effecting settlement,and(u)in any other lawful act that 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is The Insured shall notify the Company promptly in writing(i)in case of any prejudiced by the failure of the Insured to furnish the required litigation as set forth in Section 5(a)of these Conditions,(il)in case cooperation,the Company's obligations to the Insured under the Knowledge shall come to an Insured hereunder of any claim of title or policy shall terminate,including any liability or obligation to defend, interest that is adverse to the Title,as insured,and that might cause loss prosecute,or continue any litigation,with regard to the matter or or damage for which the Company may be liable by virtue of this policy,or matters requiring such cooperation (iii)if the Title,as insured,is rejected as Unmarketable Title If the (b) The Company may reasonably require the Insured Claimant to submit Company is prejudiced by the failure of the Insured Claimant to provide to examination under oath by any authorized representative of the prompt notice,the Company's liability to the Insured Claimant under the Company and to produce for examination,inspection,and copying,at policy shall be reduced to the extent of the prejudice such reasonable times and places as may be designated by the 4 PROOF OF LOSS authorized representative of the Company,all records,in whatever medium maintained,including books,ledgers,checks,memoranda, In the event the Company is unable to determine the amount of loss or correspondence,reports,e-mails,disks,tapes,and videos whether damage,the Company may,at its option,require as a condition of bearing a date before or after Date of Policy,that reasonably pertain payment that the Insured Claimant furnish a signed proof of loss The to the loss or damage Further,if requested by any authorized proof of loss must describe the defect,lien,encumbrance,or other matter representative of the Company,the Insured Claimant shall grant its insured against by this policy that constitutes the basis of loss or damage permission,in writing,for any authorized representative of the and shall state,to the extent possible,the basis of calculating the amount Company to examine,inspect,and copy all of these records in the of the loss or damage custody or control of a third party that reasonably pertain to the loss or damage All information designated as confidential by the Insured 5 DEFENSE AND PROSECUTION OF ACTIONS Claimant provided to the Company pursuant to this Section shall not (a) Upon written request by the Insured,and subject to the options be disclosed to others unless,in the reasonable judgment of the contained in Section 7 of these Conditions,the Company,at its own Company,it is necessary in the administration of the claim Failure of cost and without unreasonable delay,shall provide for the defense of the Insured Claimant to submit for examination under oath,produce an Insured in litigation in which any third party asserts a claim any reasonably requested information,or grant permission to secure covered by this policy adverse to the Insured This obligation is reasonably necessary information from third parties as required in this limited to only those stated causes of action alleging matters insured subsection,unless prohibited by law or governmental regulation,shall against by this policy The Company shall have the right to select terminate any liability of the Company under this policy as to that counsel of its choice(subject to the right of the Insured to object for claim reasonable cause)to represent the Insured as to those stated causes 7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS,TERMINATION of action It shall not be liable for and will not pay the fees of any other OF LIABILITY counsel The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that In case of a claim under this policy,the Company shall have the following allege matters not insured against by this policy additional options (b) The Company shall have the right,in addition to the options (a) To Pay or Tender Payment of the Amount of Insurance To pay or contained in Section 7 of these Conditions,at its own cost,to institute tender payment of the Amount of Insurance under this policy together and prosecute any action or proceeding or to do any other act that in with any costs,attorneys'fees,and expenses incurred by the Insured its opinion may be necessary or desirable to establish the Title,as Claimant that were authorized by the Company up to the time of insured,or to prevent or reduce loss or damage to the Insured The payment or tender of payment and that the Company is obligated to Company may take any appropriate action under the terms of this pay policy,whether or not it shall be liable to the Insured The exercise of these rights shall not be an admission of liability or waiver of any Upon the exercise by the Company of this option,all liability and provision of this policy If the Company exercises its rights under this obligations of the Company to the Insured under this policy,other subsection,it must do so diligently than to make the payment required in this subsection,shall terminate, (c) Whenever the Company brings an action or asserts a defense as including any liability or obligation to defend,prosecute,or continue required or permitted by this policy,the Company may pursue the any litigation litigation to a final determination by a court of competent jurisdiction, (b) To Pay or Otherwise Settle With Parties Other Than the Insured or and it expressly reserves the right,in its sole discretion,to appeal any With the Insured Claimant adverse judgment or order (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In addition,the Company will pay any costs,attorneys'fees,and ALTA Owner's Policy(6/17/06) 2730609 4 of 6 (with Florida Modifications) arm Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good ,�,:iG, standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association r °t 4 ■ 1 ,expenses incurred by the Insured Claimant that were authorized , 11 LIABILITY NONCUMULATIVE by the Company up to the time of payment and that the The Amount of Insurance shall be reduced by any amount the Company Company is obligated to pay,or (ii) to pay or otherwise settle with the Insured Claimant the loss or pays under any policy insuring a Mortgage to which exception is taken in damage provided for under this policy,together with any costs, Schedule B or to which the Insured has agreed,assumed,or taken attorneys'fees,and expenses incurred by the Insured Claimant subject,or which is executed by an Insured after Date of Policy and which that were authorized by the Company up to the time of payment is a charge or lien on the Title,and the amount so paid shall be deemed a and that the Company is obligated to pay payment to the Insured under this policy Upon the exercise by the Company of either of the options provided 12 PAYMENT OF LOSS for in subsections(b)(i)or(ii),the Company's obligations to the When liability and the extent of loss or damage have been definitely fixed Insured under this policy for the claimed loss or damage,other than in accordance with these Conditions,the payment shall be made within 30 the payments required to be made,shall terminate,including any days liability or obligation to defend,prosecute,or continue any litigation 13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT 8 DETERMINATION AND EXTENT OF LIABILITY (a) Whenever the Company shall have settled and paid a claim under This policy is a contract of indemnity against actual monetary loss or this policy,it shall be subrogated and entitled to the rights of the damage sustained or incurred by the Insured Claimant who has suffered Insured Claimant in the Title and all other rights and remedies in loss or damage by reason of matters insured against by this policy respect to the claim that the Insured Claimant has against any person (a) The extent of liability of the Company for loss or damage under this or property,to the extent of the amount of any loss,costs,attorneys' policy shall not exceed the lesser of fees,and expenses paid by the Company If requested by the Company,the Insured Claimant shall execute documents to evidence (I) the Amount of Insurance,or the transfer to the Company of these rights and remedies The (II) the difference between the value of the Title as insured and the Insured Claimant shall permit the Company to sue,compromise,or value of the Title subject to the risk insured against by this settle in the name of the Insured Claimant and to use the name of the policy Insured Claimant in any transaction or litigation involving these rights (b) If the Company pursues its rights under Section 5 of these Conditions and remedies and is unsuccessful in establishing the Title,as insured, If a payment on account of a claim does not fully cover the loss of the 0) the Amount of Insurance shall be increased by 10%,and Insured Claimant,the Company shall defer the exercise of its right to (n) the Insured Claimant shall have the right to have the loss or recover until after the Insured Claimant shall have recovered its loss damage determined either as of the date the claim was made by (b) The Company's right of subrogation includes the rights of the Insured the Insured Claimant or as of the date it is settled and paid to indemnities,guaranties,other policies of insurance,or bonds, notwithstanding any terms or conditions contained in those (c) In addition to the extent of liability under(a)and(b),the Company will instruments that address subrogation rights also pay those costs,attorneys'fees,and expenses incurred in 14 ARBITRATION accordance with Sections 5 and 7 of these Conditions 9 LIMITATION OF LIABILITY Unless prohibited by applicable law,arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be (a) If the Company establishes the Title,or removes the alleged defect, demanded if agreed to by both the Company and the Insured at the time of hen,or encumbrance,or cures the lack of a right of access to or from a controversy or claim Arbitrable matters may include,but are not limited the Land,or cures the claim of Unmarketable Title,all as insured,in a to,any controversy or claim between the Company and the Insured arising reasonably diligent manner by any method,including litigation and the out of or relating to this policy,and service of the Company in connection completion of any appeals,it shall have fully performed its obligations with its issuance or the breach of a policy provision or other obligation with respect to that matter and shall not be liable for any loss or Arbitration pursuant to this policy and under the Rules in effect on the date damage caused to the Insured the demand for arbitration is made or,at the option of the Insured,the (b) In the event of any litigation,including litigation by the Company or Rules in effect at Date of Policy shall be binding upon the parties The with the Company's consent,the Company shall have no liability for award may include attorneys'fees only if the laws of the state in which the loss or damage until there has been a final determination by a court Land is located permit a court to award attorneys'fees to a prevailing of competent jurisdiction,and disposition of all appeals,adverse to party Judgment upon the award rendered by the Arbitrator(s)may be the Title,as insured , entered in any court having jurisdiction thereof (c) The Company shall not be liable for loss or damage to the Insured for The law of the situs of the land shall apply to an arbitration under the Title liability voluntarily assumed by the Insured in settling any claim or suit Insurance Arbitration Rules A copy of the Rules may be obtained from the without the prior written consent of the Company Company upon request 10 REDUCTION OF INSURANCE,REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,except payments made for costs,attorneys' fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment ALTA Owner's Policy(6/17/06) 2730609 5 of 6 (with Florida Modifications) M Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good A iir standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association ,E,« 15 LIABILITY LIMITED TO THIS POLICY,POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy,this policy shall be construed as a whole (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions Except as the endorsement expressly states,it does not(I)modify any of the terms and provisions of the policy,(II)modify any prior endorsement, (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance 16 SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect 17 CHOICE OF LAW,FORUM (a) Choice of Law The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located (b) Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law (c) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction 18 NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company,Attn Claims Department, P 0 Box 45023,Jacksonville,FL 32232-5023 ALTA Owner's Policy(6/17/06) 2730609 6 of 6 (with Flonda Modifications) = Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good t V9, day standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association Ir Fidelity National Title Onn insurance Company OWNER'S POLICY SCHEDULE A Name and Address of Title Insurance Company ("Company") and Issuing Agent Company Fidelity National Title Insurance Company 2400 Maitland Center Parkway,#200, Maitland, FL 32751-7442 Issuing Agent Lowndes, Drosdick, Doster, Kantor& Reed, P A 215 North Eola Drive Orlando, FL 32801-2028 File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 Address Reference 3700 Highway 27 South, Clermont, Lake County, Florida (For information only) Amount of Insurance $6,300,000.00 Date of Policy January 6,2014 @ 8:02:01 A.M. 1 Name of Insured CITY OF CLERMONT,A FLORIDA MUNICIPAL CORPORATION 2 The estate or interest in the land (hereinafter referred to as the"Land") that is encumbered by this policy is FEE SIMPLE 3 Title is vested in CITY OF CLERMONT, A FLORIDA MUNICIPAL CORPORATION 4 The Land referred to in this policy is described in Exhibit"A" attached hereto and made a part hereof THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO PROVIDE ASSISTANCE IS 1-800-669-7450 THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida Schedule A 1 of 7 Modifications) Copyright American Land Title Association AU rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title AND TIM Association ON Fidelity National Title Afn)e Insurance Company OWNER'S POLICY SCHEDULE A (CONTINUED) File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 LEGAL DESCRIPTION OF SUBJECT PROPERTY Parcel 1 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49114"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°5025"E, 384 37 FEET TO THE POINT OF BEGINNING LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY 0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida Schedule A 2 of 7 Modifications) Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title ND TIT F Association ASSOCIATION Fidelity National Titles Insurance Company OWNER'S POLICY SCHEDULE A (CONTINUED) File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+ 00 LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS 0046461\156448\1552955vI ALTA Owner's Policy(6/17/06)(with Florida Schedule A 3 of 7 Modifications) Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Nu0.TIT E Association ASSOCIATION Fidelity National Title Enn i Insurance Company OWNER'S POLICY SCHEDULE A (CONTINUED) File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°3917" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING 0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida Schedule A 4 of 7 Modifications) Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title AMERICAN Association ON ('- Fidelity National Title �� Insurance Company OWNER'S POLICY SCHEDULE B EXCEPTIONS FROM COVERAGE File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of 1 The lien of all taxes and assessments for the year 2014, and subsequent years, and taxes and assessments levied and/or assessed subsequent to the date hereof 2 Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown in the public records 3 Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the Subject Property 4 Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any 5 Grant of Non-exclusive Easement in favor of Lake Utility Services, Inc , recorded November 7, 2000 in Official Records Book 1877, Page 1840, Public Records of Lake County, Florida 6 Temporary Non-exclusive Construction Easement Deed and Perpetual Grading Easement recorded June 15, 2004 in Official Records Book 2592, Page 1755, Public Records of Lake County, Florida 7 Temporary Construction Easement recorded August 11, 2005 in Official Records Book 2916, Page 441, Public Records of Lake County, Florida 8 Perpetual Right of Way Easement in favor of Sumter Electric Cooperative Inc recorded April 21, 2006 in Official Records Book 3142, Page 96, Public Records of Lake County, Florida 9 Reciprocal Easement Agreement with Covenants and Conditions by and between PDG/Inland Tuscany Village Venture, LLC and Celebration of Praise Church of God recorded March 26, 2010 in Official Records Book 3887, Page 874, Public Records of Lake County, Florida 10 Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Monte Vista Park Farms, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida 11 Grant of Easement by and between Mike Green, Edwin Rodriguez and Waymon Miller as trustees of Celebration of Praise Church of God and Lake Utility Services, Inc recorded January 14, 2013 in Official Records Book 4265, Page 1751, Public Records of Lake County, Florida 0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida Schedule B 5 of 7 Modifications) Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title :V.r`r E Association ASSOCIATION r Fidelity National Title ��� Insurance Company OWNER'S POLICY SCHEDULE B (CONTINUED) File No 00484811156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503 12 Perpetual Right-of-Way Easement in favor of Sumter Electric Cooperative, Inc recorded April 3, 2013 in Official Records Book 4302, Page 2220, Public Records of Lake County, Florida 13 Perpetual Utility Easement in favor of Sumter Electric Cooperative, Inc recorded September 4, 2013 in Official Records Book 4374, Page 1997, Public Records of Lake County, Florida [END OF SCHEDULE B] 0046461\156448\1552955v1 30609 ALTA Owner's Policy(6/17/06)(with Florida Schedule B 6 of 7 Modifications) Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title LAND�t E Association oN FIDELITY NATIONAL TITLE INSURANCE COMPANY SERVICE, QUALITY AND AVAILABILITY Fidelity National Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis Lowndes, Drosdick, Doster, Kantor & Reed, P A , as Issuing Agent, can assist you with questions about this Policy and with further title insurance needs, and should be contacted at the following address LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A. 215 NORTH EOLA DRIVE (ZIP CODE 32801-2028) POST OFFICE BOX 2809 ORLANDO, FLORIDA 32802-2809 TELEPHONE: (407) 843-4600 TELEFAX: (407) 843-4444 (Ask for the Real Estate Department or representative who signed this Policy) In addition, Fidelity National Title Insurance Company has a qualified staff of service representatives dedicated to serving you A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints during normal business hours 1-800-669-7450 0046461\156448\1552955v1 Page 7 of 7 INSTRUMENT 12014001051 OR BK 4423 PG 1573-1578 (6 PGS) R1c DATE 1/6/2014 8 02 01 AM �y NEIL KELLY,CLERK OF THE CIRCUIT COURT LAKE COUNTY f RECORDING FEES$52 50 DEED DOC$44100 00 This instrument was prepared by and should be returned to Michael S Provenzale, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P A Post Office Box 2809 Orlando, FL 32802-2809 Tax ID Nos 1323250405-033-00001 0523260004-000-00300 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and executed as of the 2.0 day of y, 2013, by CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200 Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as the "Grantor") to the CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 (hereinafter referred to as the "Grantee"), WITNESSETH: That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10 00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the Grantee those certain pieces, parcels or tracts of land situated in Lake County, Florida, particularly described on Exhibit "A" attached hereto (hereinafter referred to as the "Subject Property"), TOGETHER WITH all the tenements, hereditaments, easements and appurtenances, including riparian rights, if any, thereto belonging or in anywise appertaining, TO HAVE AND TO HOLD the Subject Property in fee simple forever AND the Grantor does hereby covenant with and warrant to the Grantee that the Grantor is lawfully seized of the Subject Property in fee simple, that the Grantor has good right and lawful authority to sell and convey the Subject Property, and that the Grantor fully warrants the title to the Subject Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other THE conveyance made herein, however, is expressly made SUBJECT TO ad valorem real property taxes and assessments for the year 2013 and thereafter, and the Title Exceptions set forth on Exhibit "B" attached hereto, if any, the reference to which shall not operate to reimpose the same [INTENTIONALLY BLANK] 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in manner and form sufficient to bind it as of the day and year first above written Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking in the presenc f corporation jacA.....d PO By JA..i ■Name 1 \ �:��T , 1/ Na e �I 0! �'-! _,:��Y ��:L#e Title &II& M 7 Iii %v a P Paw_ Na 111. Main • I STATE OF P COUNTY OF The foregoing instrument was acknowled ed before me this da of QCQTh\ Y , 2013, by DJ'QSPt L��k as S Y ►rice pr.�sl c,�i of CENTENNIAL BANK, an Arkansas banking corporation, on behalf of the bank He/she is personally known to me or has produced as identification (NOTARY SEAL) ?Dc. 0._\)111.)K. ignature of Notary Public N r ous,"oa Notary Public State of Flonda Connie Bacher Typed or Printed Name ofl ptArz My mission E Ex Cos m12/08/2 14047594 Commission No `0 �-C of Ex 12/0812014 My Commission Expires 12..QP) EL\ 2 0046461\l56448\1545779v1 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL 1 Parcel 1 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE 524°4T33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT 3 0046461\156448\1545779v1 THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+ 00 LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT 4 0046461\156448\1545779v1 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING 5 0046461\156448\1545779v1 EXHIBIT "B" TITLE EXCEPTIONS 1 Grant of Non-exclusive Easement in favor of Lake Utility Services, Inc recorded November 7, 2000 in Official Records Book 1877, Page 1840, Public Records of Lake County, Florida 2 Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement recorded June 15, 2004 in Official Records Book 2592, Page 1755, Public Records of Lake County, Florida 3 Temporary Construction Easement recorded August 11, 2005 in Official Records Book 2916, Page 441,Public Records of Lake County, Florida 4 Perpetual Right of Way Easement in favor of Sumter Electric Cooperative Inc recorded April 21, 2006 in Official Records Book 3142, Page 96, Public Records of Lake County, Florida 5 Reciprocal Easement Agreement with Covenants and Conditions by and between PDG/Inland Tuscany Village Venture, LLC and Celebration of Praise Church of God recorded March 26, 2010 in Official Records Book 3887, Page 874, Public Records of Lake County, Florida 6 Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Monte Vista Park Farms, recorded in Plat Book 2, Page 27, of the Public Records of Lake County, Florida 7 Grant of Easement by and between Mike Green, Edwin Rodriguez and Waymon Miller as trustees of Celebration of Praise Church of God and Lake Utility Services, Inc recorded January 14, 2013 in Official Records Book 4265, Page 1751, Public Records of Lake County, Florida 8 Perpetual Right-of-Way Easement in favor of Sumter Electric Cooperative, Inc recorded April 3, 2013 in Official Records Book 4302, Page 2220, Public Records of Lake County, Florida 9 Perpetual Utility Easement in favor of Sumter Electric Cooperative, Inc recorded September 4, 2013 in Official Records Book 4374, Page 1997, Public Records of Lake County, Florida 6 0046461\156448\1545779v1 ASSIGNMENT OF LICENSES,PERMITS, PLANS, CONTRACTS AND WARRANTIES KNOW ALL MEN BY THESE PRESENTS THAT, CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200 Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as "Seller"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10 00) paid by CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 (hereinafter referred to as "Purchaser"), the sufficiency and receipt of which is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the Purchaser, all of its right, title and interest, if any, in and to all licenses, permits, plans, contracts, vested rights, concurrency entitlements, credits and deposits, and other development entitlements, credits and deposits, general intangibles and warranties relating to the design, development, construction, ownership, operation, management and use of the hereinafter described property, subject, however, to any and all claims, liens or encumbrances which have been or may be made against said licenses, permits, plans, contracts, general intangibles and warranties, AND WITHOUT WARRANTY OF TITLE, FITNESS OR MERCHANTABILITY,to wit See Exhibit"A" TO HAVE AND TO HOLD the same unto the Purchaser, its successors and assigns forever IN WITNESS WHEREOF, the Seller has caused these presents to be executed as of this 4 day ofacembbr- , 2013 Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking in the presence of corporation , By b ►. 1. Name NOt 1�- ���' Name A 471111103TRRI, Title AMViriV r i 1'f N fan Ga V p 0046461\156448\1545810v1 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL 1 Parcel 1 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32?29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET; THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING 0046461\156448\1545810v1 WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS. COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28.21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, - THENCE NORTH 26°5T00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+00 LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS 0 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS. BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET; THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO. 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS 1 0046461\156448\1545810v1 COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING 0046461\156448\1545810v1 � Y BILL OF SALE KNOW ALL MEN BY THESE PRESENTS THAT, CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200 Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as "Seller"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10 00), and other good and valuable considerations, the sufficiency and receipt of which is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 (hereinafter referred to as "Buyer"), its successors and assigns, all of its right, title and interest in and to such of the items, goods, chattels and equipment, which are presently existing and located at the property described in Exhibit "A" attached hereto, but specifically excluding the items, goods, chattels and equipment specifically delineated on Exhibit `B"attached hereto (the "Property"), TO HAVE AND TO HOLD the same unto the Buyer, its successors and assigns forever AND the Seller does hereby covenant with and warrant to the Buyer that the Seller is the lawful owner of the Property in fee simple, that the Property is free of all claims arising under Seller, that the Seller has good right and lawful authority to sell and convey the Property, and that the Seller fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Seller, but against none other IN WITNESS WHEREOF, the Seller has caused these presents to be executed as of this ao day of 90,41,\ , 2013 Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking in the presence of corporation ' By/ha ,�` v LAS►�1_L Name �+ te - ► Name OM �� : ?" • . Title 512 L ' Z.Par �b Y� W-6-110W --- 711M1 don rl 'Q qo [NOTARY ON FOLLOWING PAGE] 0046461\156448\1545819v! Bill of Sale STATE OF (OClCikli- COUNTY OF The foregoing instrument was acknowledged before me thisZ day ofl �( 013, by �Q�Q l x , ash(, V P. of CENTENNIAL BANK, an Arkansas banking corporation, on behalf of said bank, who is personally known to me or has produced as identification (NOTARY SEAL) tart'Public S nature� 1/ • 1v1 pi ���r� (Name typed, printed or stamped) ke6 Notary Public State of Flonda Notary Public, State ofd tot 7: Connie Becher ary , yy, My Commission EE047594 Commission No QECWISct`A otf�o Expires 12/0812014 My Commission Expirest Z.0 6. Ki 0046461\156448\1545819v1 Bill of Sale 2 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL 1 Parcel 1 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT 0046461\156448\1545819v1 Bill of Sale 3 THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+ 00 LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT 0046461\156448\1545819v1 Bill of Sale 4 1 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING 0046461\156448\1545819v1 Bill of Sale 5 EXHIBIT "B" EXCLUDED PERSONAL PROPERTY [List of church-retained property to be attached] 0046461\156448\1545819vl Bill of Sale 6 CHILDREN OF PROMISE -- ROOM VALUE LIST INFANT ROOM 1 (Detres/Cox) • 1 Area Carpet • 1 Refrigerator • 1 Rocking Chair • 1 Television • 5 Cribs INFANT ROOM 2 (Aviles) • 1 Area Carpet • 1 Infant Table w/6 bucket chairs • 1 Television • 6 Cribs TODDLER ROOM 1 (Flores) • 1 Area Carpet • 1 Bookshelf • 1 Infant Table w/6 bucket chairs • 1 Television • 2 Chairs • 2 Wall Cubbies • 6 Mats TODDLER ROOM 2 (Freeburn) • 1 Area Carpet • 1 Bookshelf • 1 Cubby • 1 Small Refrigerator • 1 Table • 1 Television • 10 Small Chairs • 7 Mats TODDLER ROOM 3 (Empty) • 1 Bookshelf • Kitchen Set • 1 Table • 2 Wall Cubbies • 10 Small Chairs TWO YEAR OLD ROOM 1(Contreras) • 1 Area Rug • 1 Bookshelf • 1 Television • 2 Cubbies • 2 Tables • 14 Small Chairs • 10 Mats TWO YEAR OLD ROOM 2 (Vega) • 1 Area Rug • 1 Bookshelf • 1 Cubby • 1 Television • 2 Tables • 11 Small Chairs • 11 Mats TWO YEAR OLD ROOM 3 (Aviles) • 1 Area Carpet • 1 Bookshelf • 1 Kitchen Set • 1 Small Table • 1 Supply Storage • 1 Television • 1 Toy Storage • 2 Tables • 3 Cubbies • 11 Chairs • 11 Mats TWO YEAR OLD ROOM 4 (Empty) • 1 Area Rug • 1 Bookshelf • 1 Cubby • 1 Kitchen Set • 1 Lego Table • 1 Microwave • 1 Television • 2 Tables • 11 Small Chairs THREE YEAR OLD ROOM 1 (Nunez) O 1 Area Rug • 1 Bookshelf • 2 Cubbies • 1 Kitchen Set • 1 Small Table • 1 Tall Cabinet • 1 Television • 2 Tables • 15 Chairs • 15 Mats THREE YEAR OLD ROOM 2 (Baker) • 1 Bookshelf • 1 Cubby • 1 Dramatic Play Shelf O 1 File Cabinet • 1 Kitchen Set • 1 Supply Storage O 1 Table • 1 Tall Cabinet • 1 Television • 15 Small Chairs • 15 Mats THREE YEAR OLD ROOM 3 (Manoharan) • 1 Area Rug • 1 Bookshelf • 1 Cubby • 1 Lego Table • 1 Kitchen Set • 1 Television • 1 Trashcan • 2 Tables • 15 Small Chairs • 15 Mats THREE YEAR OLD ROOM 4 (Empty) • 1 Table • 1 Area Rug • 1 Bookshelf FOUR YEAR OLD ROOM 1 (Watts) • 1 Area Rug • 1 Bookshelf • 1 Computer Desk • 1 Cubby • 1 Kitchen Set • 1 Supply Storage • 1 Tall Storage • 2 Tables • 20 Chairs • 20 Mats FOUR YEAR OLD ROOM 2 (Renna) • 1 Area Rug • 1 Computer Monitor • 1 Cubby • 1 Kitchen Set • 1 Radio • 1 Small Table • 1 Supply Storage • 1 Tall Cabinet • 2 Tables • 20 Chairs • 20 Mats SPANISH ROOM (Pettay) • 1 Area Rug • 1 Radio • 1 Table • 1 Tall Cabinet • 1 Whiteboard • 10 Chairs FRONT DESK/OFFICE • 2 Computers • 2 Office Chairs • 3 File Cabinets • 2 Desk • 1 Television • 2 Video Cameras • 1 Microwave • 1 Copy Machine • 1 Medicine Cabinet • 1 Washing Machine/ Dryer Miscellaneous • Books • Toys ( • Playground Equipment +cop 1111111.MMEMMI 111111111111111MOMMINEI 111111101111111111MINIM Audio Equipment Inventory Date Quantity Description Ce., c C Q. 1 , i L ?cc‘) TcA t f; A V.4? „ .‘•.> oclu (t. 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I V1<-451:1 ". 1 -� 3 U\ i �. a 3 I s I ,- -.e l ci-i st "41 k-\ ;1111)' r( -I\ "` ' 41 \ " 1). '5' ST>C1 ,„ I si. ".1 A -s 11, It) -6 _..1q\<1 _4. _...,1 ..,.\ .■- v'tj Ek ,4`_ij >i —**.z E\ --e:\___T l V I ° � \ d i d � o! 3� � ) 1 � 1� 1 / i y i ' d1 s J di �- '.� 1 '� �s �'1 ' � � � t. , �I \ �-�I56. , -� f °l`5'\ 1 la ' a � ,o s °e - f u) 0.71104 ! u- W � - L� ® � a °I '0 v , , N " , ! i \ , 1 ' 1 1 i c 1 I ' , , > I L l _ h i � ; > � _ _ _ ►I , 1 i WI 111 , ........,:, \ \ I 11 \ 1 1 t 1' ' 1 i I ` ` . \ 1 \ \ 1 1 i V \.% `4 ASSIGNMENT AND ASSUMPTION OF CHURCH LEASE FOR VALUE RECEIVED, the undersigned, CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200 Hi_llcrest Street, Orlando, Florida 32803 ("Assignor") does hereby unconditionally transfer, assign and set over without recourse unto CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 ("Assignee") all of its right, title and interest in and under that certain Lease Agreement effectively dated October 21, 2013 by and between Assignor and Celebration of Praise Church of God, Inc , a Florida not-for-profit corporation (the "Church Lease") Assignor hereby represents and warrants to, and covenant with, Assignee concerning the Church Leases as follows 1 Assignor hereby sells, assigns, transfers and sets over unto Assignee its successors and assigns, all the rights, title, claims, rents and interests of Assignor's in and to the Church Lease, to have and to hold the same from the date hereof for all of the rest of the term referenced therein, subject to the covenants, agreements, terms, provisions and conditions contained in the Church Lease and any and all subsequent amendments 2 Assignor represents that Assignor is the holder of the Landlord's interest under the Church Lease free and clear of any lien, claim or encumbrance, except for permitted encumbrances as agreed to by the parties hereto and that the Church Lease is in full force and effect 3 Assignor hereby agrees to indemnify, defend and holds Assignee free and harmless from any liability arising because of a breach of the Church Lease by Assignor which occurred prior to the date of this Assignment Assignee does hereby represent warrant to, and covenant with, Assignor concerning the Leases as follows 1 Assignee, for Assignee and its successors and assigns, hereby assumes the Church Lease and recognizes and agrees to be bound by all of the covenants, agreements, terms and provisions and all conditions contained therein, and any and all subsequent amendments, and hereby assumes and agrees to keep and perform and to permit no violation of the covenants, agreements, terms provisions and conditions therein set forth on the part and on behalf of the thereunder to be kept and performed 2 Without waiving any sovereign immunity it may enjoy and to the extent provided by law, Assignee hereby releases, indemnifies, defends and holds Assignor free and harmless from any liability arising because of a breach of the Church Lease by Assignee which occurred on or after the date of this Assignment This Agreement may be executed in counterparts, each of which shall be deemed an original document, but all of which shall constitute a single document This Agreement may be 0046461\156448\1545800v1 - 1 - executed and delivered via facsimile, e-mail scan or other electronic means, with the executed original to be delivered within two business days via FedEx or other overnight courier, but the failure to deliver the executed original of this Agreement shall not affect the validity thereof IN WITNESS WHEREOF, the parties caused this Assignment to be executed in manner and form sufficient to bind it as of the aol ay of I2GPrnhgr , 2013 "ASSIGNOR" Signed, Sealed and Delivered In the presence of CENTENNIAL BANK, an Arkansas banking corporation f\j).14_, OP By/ - aviL ..A Name CAN IVI " '1 1 ✓ Name id.%r 711 LAWNI Title • 1.���xr�� t1-41lria�— :1-0 n �, rl (i c, (SEAL) "ASSIGNEE" Signed, Sealed and Delivered In the presence of CITY OF CLERMONT, a Florida municipal corporation By Name CI t ' e_ c-2f i2 Na e Ar0elA 5• &rail Title G►� r Name �cc r �GLc o' c - (SEAL) 0046461\156448\I545800v1 - 2 - � ^^ OWNER'S AFFIDAVIT STATE OF O n COUNTY OFQ)--ALP BEFORE ME, the undersigned authority, personally appeared Mfaick ULstarg! ("Affiant"), as9.yi(op(jt - of CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200 Hillcrest Street, Orlando, Florida 32803 0 (hereinafter called the "Company"), who, being duly sworn, deposes and says 1 That the Company is the owner and is in open, notorious, continuous, adverse and peaceable possession of the real property situate in Lake County, Florida, more particularly described on Exhibit "A" hereto (hereinafter referred to as the "Property") 2 That the Company is in actual possession of the Property and has the sole and exclusive right of possession thereto, and no other person has any right to possession nor has any claim of possession come to its attention, except Celebration of Praise Church of God, Inc , a Florida not-for-profit corporation (the "Church") pursuant to that certain Lease Agreement effectively dated October 21, 2013 by and between the Company and the Church 3 That there are no easements or claims of easements affecting the Property which are not shown by the public records 4 That there are no suits,judgments, bankruptcies or executions pending against the Company in any court whatever that could in any way affect the title to the Property or constitute a lien thereon 5 That, to the best of Affiant's knowledge, no improvements or repairs have been made to the Property during the ninety (90) day period immediately preceding the date of this Affidavit for which there are unpaid bills or obligations of any nature, either for labor or materials used in making improvements or repairs on said Property, or for services of architects, surveyors or engineers incurred in connection therewith 6 That there are no loan deeds, trust deeds, mortgages or liens of any nature whatsoever unsatisfied against the Property, including liens in favor of any city, town, village, or port authority affecting the Property 7 That there are no unpaid service charges for services by any water, sewer or gas system supplying the Property which may become a lien thereon 8 That the Company shall not record, cause or permit to be recorded any documents effecting title to the Property following the date of this Affidavit other than those contemplated by the transaction referenced below 9 That this Affidavit is given in order to induce the CITY OF CLERMONT ("Purchaser") to purchase the Property and to induce Fidelity National Title Insurance Company to issue an owner's title insurance policy insuring Purchaser in the full amount of the purchase price - 1 - 0046461\156448\1545820v1 FURTHER AFFIANT SAYETH NAUGHT 1 r ',1 �•1l �. / �7 rant Na Na e ,�T:?►�7�//�L as ra CENTENNIAL BANK, an Arkansas banking ■poration The foregoin instrume was acknowledged before me i tthe 'C`ounty I and State first- above written this day o 2C2rw�. - , 2013, by P$0. sf J .0 G , l who is personally known to me or who has produced as identification Y SEAL) &011DIK- tary(NOTAR ) Public Signature 461.0jv :000 Pok Notary Public State of Flonda 0. (Name typed, printed or stamped) Connie Bather C, ' My Commission EE047594 14'or 1L° Expires 12/08/2014 - - 2 - 0046461\156448\1545820v1 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL 1 Parcel 1 THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 2 TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT - 3 - 0046461\1 56448\1545820v I i I THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+ 00 LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT - 4 - 0046461\156448\1545820v 1 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING - 5 - 0046461\l56448\1545820v1 FIRPTA Affidavit Transferor's Certification of Non-Foreign Status To inform the CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 ("Transferee"), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), will not be required upon the transfer of certain real property to Transferee by CENTENNIAL BANK, an Arkansas banking corporation ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor 1 Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder), 2 Transferor is not a disregarded entity as defined in §1 1445-2(b)(2)(ui), 3 Transferor's U S employer identification number is 710009885, and 4 Transferor's office address is 1200 Hillcrest Street, Orlando, Florida 32803 Transferor understands that this Certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Transferor CENTENNIAL BANK, an Arkansas banking -.4 oration / Byl at- /11/ 14,LiiA Na e 101 i<�.I�.r_s% Title 512 u[GG 1otio Date I2(9-0. 0046461\156448\1545822v1 FIRPTA Affidavit Transferor's Certification of Non-Foreign Status To inform the CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont, Florida 34769 ("Transferee"), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), will not be required upon the transfer of certain real property to Transferee by CENTENNIAL BANK, an Arkansas banking corporation ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor 1 Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder), 2 Transferor is not a disregarded entity as defined in §1 1445-2(b)(2)(iii), 3 Transferor's U S employer identification number is 710009885, and 4 Transferor's office address is 1200 Hillcrest Street, Orlando, Florida 32803 Transferor understands that this Certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Transferor CENTENNIAL BANK, an Arkansas banking c ration By ..ALA 1 ► Name r",��w , M 0 A Title * Z- l9 i C6 = o Date 12 ,2o. t 004646 1\156448\1545822v I CLOSING STATEMENT SELLER CENTENNIAL BANK BUYER CITY OF CLERMONT PURCHASE PRICE $6,300,000 00 SUBJECT APROXIMATLEY 48 ACRES LOCATED AT 3700 HIGHWAY 27 SOUTH, PROPERTY CLERMONT, LAKE COUNTY, FLORIDA GOVERNING CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY DATED CONTRACT OCTOBER 25, 2013 DATE OF CLOSING DECEMBER 20, 2013 PLACE OF CLOSING ORLANDO, FLORIDA CLOSING AGENT LOWNDES, DROSDICK, DOSTER, KANTOR&REED, P A TITLE INSURER FIDELITY NATIONAL TITLE INSURANCE COMPANY PURCHASE PRICE AND ADJUSTMENTS CREDIT BUYER DUE SELLER PURCHASE PRICE OF SUBJECT PROPERTY $6,300,000 00 EARNEST MONEY DEPOSIT HELD BY CLOSING AGENT $300,000 00 PRORATED RENT FOR CHURCH LEASE $3,548 39 SUBTOTALS $303,548 39 $6,300,000 00 -$303,548 39 BALANCE DUE FROM BUYER TO SELLER $5,996,451 61 0046461\156448\1538181v1 1 SELLER'S EXPENSES OF SALE Seller hereby authorizes the deduction of the following-described expenses of sale from the Balance Due from Buyer to Seller as shown on this Closing Statement and hereby requests and directs that the Closing Agent disburse directly to the persons hereinafter named the following amounts to cover Seller's expenses of sale, as follows, to wit A Lake County Clerk of the Court in payment of Documentary Stamp Tax payable on Deed $44,100 00 B To Lowndes, Drosdick, Doster, Kantor & Reed, P A in payment for Standard Owner's Title Insurance Policy to be issued to Buyer $18,000 00 C To Lowndes, Drosdick, Doster, Kantor& Reed, P A in payment of attorneys' fees for representation of Seller P O C D To Fidelity National Title Insurance Company for Title Searches $250 00 SELLER'S TOTAL EXPENSES OF SALE $62,350 00 0046461\156448\1538181v1 2 BUYER'S EXPENSE OF PURCHASE Buyer, in addition to the Balance Due from Buyer to Seller as shown above, is obligated for the payment of and simultaneously herewith has paid to Closing Agent the funds required to pay the following-described expenses of purchase, and Buyer hereby requests and directs that the Closing Agent disburse directly to the persons hereinafter named the following amounts to cover Buyer's expenses of purchase, as follows, to wit A Lake County Clerk of the Court in payment of cost of recording Deed(6 pages) $52 50 BUYER'S TOTAL EXPENSES OF PURCHASE $52 50 0046461\156448\1538181v1 3 SUMMARY BALANCE DUE BALANCE DUE FROM BUYER TO FROM BUYER SELLER $5,996,451 61 TO SELLER $5,996,451 61 PLUS PLUS EARNEST MONEY BUYER'S EXPENSES OF DEPOSIT $300,000 00 PURCHASE $52 50 DUE SELLER $6,296,451 61 DUE FROM BUYER. $5,996,504 11 LESS SELLER'S EXPENSES OF SALE $62,350 00 NET CASH DUE TO SELLER. $6,234,101.61 0046461\156448\1538181vI 4 • • INSTRUMENT 82012137250 THIS INSTRUMENT PREPARED BY OR BK 4259 PG 1005-1047 (43 PGS) AND SHOULD BE RETURNED TO: DATE 1228/2012 3 49 56 PM NEIL KELLY,CLERK OF THE CIRCUIT COURT Charles B Costar,III,Esq LAKE COUNTY Shtitts&Bowen LLP RECORDING FEES$367 00 5010 3001 South Orange Avenue,Suite 1000 Orlabdo,Florida 32801 ACCESS,UTILITY.DRAINAGE AND SIGN EASEMENT AGREEMENT THIS ACCESS, UTILITY, DRAINAGE AND SIGN EASEMENT AGREEMENT ("Agreement"), is made and entered into this 2/$t. day of December, 2012, by and between CLERMONT RETIREMENT RESIDENCE LLC, a Washington limited liability company, whose address is 2264 McGilchrist Street SE,Suite 210, Salem,Oregon 97302("Grantee"),and Mike Green, Edwin Rodriguez and Waymon Miller, Trustees of the Local Board of Trustees of Church of God, an unincorporated association, a/k/a Celebration of Praise Church of God, whose address is 3700 North Highway 27, Clermont, Florida 34711 ("Grantor"). RECITALS WHEREAS, Grantor is the owner of a certain parcel of land located in Lake County, Florida, as is more particularly described on Exhibit "A" attached hereto and mcorporated herein by this reference(the"Grantor Property"), WHEREAS, Grantee is the owner of a certain parcel of land that Grantee purchased from Grantor and that is surrounded on the east, south and west by the Grantor Property and on the north by the real property of a third party, as is more particularly described on Exhibit"B" attached hereto and incorporated herein by this reference(the"Grantee Property"); WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non- exclusive, permanent access easement ("Grantee Access Easement") on, over and across that 's portion of the Grantor Property generally shown on Exhibit "C" attached hereto and by this reference made a part hereof(the "Grantee Access Easement Parcel") for the benefit of the Grantee Property; WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee non- exclusive, permanent utility easements (collectively "Grantee Utility Easement") under, over and across portions of the Grantor Property described in Exhibit"D"attached hereto and by this reference made a part hereof(collectively the"Grantee Utility Easement Parcel"); WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non- exclusive, permanent drainage easement ("Grantee Drainage Easement") under, over and across the portion of the Grantor Property descnbed in Exhibit "E"attached hereto and by this reference made a part hereof(the"Grantee Drainage Easement Parcel"); WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non- exclusive,permanent utility easement for sewer("Grantee Sewer Utility Easement"), including without limitation pipes and manholes under and across the portion of the Grantor Property ORLDOCS 12442932 8 described in Exhibit "F" attached hereto and by this reference made a part hereof(collectively the"Grantee Sewer Utility Easement Parcel"), WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non- exclusive, permanent easement for the construction, placement, operation and maintenance of signs benefitting the Grantee Parcel (collectively "Grantee Sign Easement"), over and across portions of the Grantor Property described in Exhibit "G" attached hereto and by this reference made a part hereof(collectively the"Grantee Sign Easement Parcels"), WHEREAS, Grantor has requested and Grantee has agreed to grant to Grantor a non- exclusive,permanent utility easement for sewer("Grantor Sewer Utility Easement")under and across the portion of the Grantee Property described in Exhibit "H" attached hereto and by this reference made a part hereof(the"Grantor Sewer Utility Easement Parcel"); WHEREAS, Grantor has requested and Grantee has agreed to grant to Grantor non- exclusive, permanent drainage easements (collectively "Grantor Drainage Easement") under, over and across the portions of the Grantee Property described in Exhibit "I" attached hereto and by this reference made a part hereof (collectively the "Grantor Drainage Easement Parcels");and WHEREAS, Grantee has requested, and Grantor has agreed to grant to Grantee, non- exclusive,temporary construction easements over those parts of the Grantor Property reasonably necessary to permit Grantee to construct infrastructure to exist within the Grantee Utility Easement Parcel, and Grantee Drainage Easement Parcel and all other easement areas encumbering the Grantor Parcel granted to any utility provider that are intended to include utilities that will service the Grantee Property, all as more particularly set forth in this Agreement. NOW,THEREFORE, for and in consideration of Ten and No/100 Dollars($10.00)and the mutual covenants and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows. Section 1. Recitals. The above recitals are true and correct, form a material part of this Agreement and are incorporated herein by reference. Section 2. Grant of Access Easement in favor of Grantee. Subject to the terms, conditions and limitations set forth herein,Grantor hereby grants to Grantee,for the benefit of the Grantee Property, a non-exclusive, permanent easement over the Access Easement Parcel (the "Grantee Access Easement"). The Access Easement shall be for the purpose of vehicular and pedestrian ingress and egress from and between the Grantee Property and Hammock Ridge Road to the west and U S. 27 to the east, including without limitation during construction and/or maintenance of vertical improvements on the Grantee Property, construction vehicles and heavy equipment as is reasonably necessary for the convenience of Grantee, its agents, employees, tenants, invitees, licensees, guests of tenants, delivery, pick up and fire protection services,police protection and other authonties of law, United States mail earners, representatives of utilities, refuse collectors, holders of mortgage liens on the Grantee Property and such persons as the Grantee may from time to time designate The easement rights ansmg under the Grantee Access Easement include (a) the right of perpetual ingress and egress to provide access, service and maintenance (to the extent Grantee has an obligation to perform maintenance or Grantor fails to satisfy its maintenance obligations), to (i) improvements on the Grantee Property whether now ORLDOCS 12442932 8 2 existing or to be constructed or m the Grantee Access Easement Parcel and (ii) any utilities or drainage improvements for which Grantee has the obhgation to maintain, (b)the right to clear the Grantee Access Easement Parcel of trees, limbs, undergrowth and other physical objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, in the opinion of Grantee, endanger or interfere with the safe and efficient operation and availability of the roads and other transportation related improvements within the Grantee Access Easement, and (c) all other rights and privileges reasonably necessary or convenient for the safe and efficient installation, operation and maintenance (to the extent Grantee has an obligation to perform maintenance or Grantor fails to satisfy its maintenance obhgations) of such improvements and facilities and for the enjoyment and use of such easement for the purpose as described above. In the event Grantee is entitled to perform any repair or maintenance and does so, Grantee shall restore the surface of the Grantor Property to substantially the same or better condition than the condition of the Grantor Property before any repair or maintenance performed by Grantee at Grantee's sole cost and expense No buildings, structures,or obstacles which shall interfere with, or make unreasonably difficult, the exercise of the easement rights granted herein, shall be located, constructed, excavated or created within the Grantee Access Easement Area. The foregoing shall not prohibit the construction and maintenance of paving, curbing, sidewalks, landscapmg, or the installation, maintenance and operation of other utilities, within the Grantee Access Easement Area Grantor shall be solely responsible for the maintenance and repair of the Access Easement Parcel and all pavement therein at Grantor's expense. In addition, as owner of the Grantor Property, Grantor shall maintain (i) the Access Easement Parcel, (ii) up to the lesser of (a)twenty-five(25) feet beyond the outside boundaries of the Access Easement Parcel along the entire length of the Access Easement Parcel or(b)the area between the outside boundaries of the Access Easement Parcel and the closest property line separating the Access Easement Parcel from another parcel of real property not owned by the Grantor along the entire length of the Access Easement Parcel (the "Access Easement Parcel Maintenance Area") and (c)that part of the strip of land within twenty-five (25) feet of the north and east boundaries of the Grantor Property that is not part of the Access Easement Parcel, all in a good condition consistent with paved driveways serving commercial developments in the City of Clermont, Florida, ordinary wear and tear excepted Notwithstanding the foregoing, Grantee shall contribute ("Access Easement Maintenance Contribution")twelve (12%) percent of the reasonable costs incurred by Grantor (i) to repave the Access Easement Parcel; provided such re-pavement is not performed sooner than eight (8) years after this Agreement is recorded and no more frequently than once every fifteen(15) years thereafter, or(ii) in the event of a reasonably necessary repair caused by a sinkhole or erosion, provided the sinkhole or erosion was not a result of a lack of maintenance of the Access Easement Area. Grantee's Access Easement Maintenance Contribution toward repaving shall not be due to Grantor until thirty(30)days after Grantee has received documentation reasonably acceptable to Grantee confirming that the costs for which Grantor is seeking reimbursement were actually incurred by Grantor to repave the Access Easement Parcel and the repaving has been completed Section 3. Grant of Utility Easement in favor of Grantee. Subject to the terms, conditions and limitations set forth herein,Grantor hereby grants to Grantee,for the benefit of the Grantee Property, a non-exclusive, easement over, under, across and through the Grantee Utility Easement Parcel (the "Grantee Utility Easement") The Grantee Utility Easement shall be for the purpose of allowing the installation and operation by Grantee or third parties of underground utilities and other similar services, including but not limited to, sewer, potable water, reclaimed ORLDOCS 12442932 8 3 water, electric, gas, cable, fire protection and telecommunication services and related infrastructure on the Grantee Utility Easement Parcel The right to install and operate underground utilities within the Grantee Utility Easement to provide utility services to the Grantee Property shall be perpetual, unless a separate, perpetual easement in favor of an individual utility securing permanent utility service to the Grantee Property is granted and recorded in the Public Records of Lake County, Florida. In that event, the Grantee Utility Easement under this Agreement applicable to that specific utility, including without limitation all rights and liabilities hereunder with respect to the applicable part of the Grantee Utility Easement, shall terminate consistent with the terms of Section 15 of this Agreement. Grantor acknowledges that some of the infrastructure related to utilities permitted to be installed and operated in the Grantee Utility Easement Parcel may be above ground, including without limitation, nsers, markers,valves and backflow preventers, and Grantor expressly permits the same. The easement rights arising under the foregoing grant of the Grantee's Utility Easement include: (a)the right of ingress and egress to patrol, inspect, alter, improve, construct, rebuild, relocate, remove and provide access and service to the utility-related improvements within the Grantee Utility Easement Parcel, (b) the right to clear the Grantee Utility Easement Parcel of trees, limbs, undergrowth and other physical objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, in the opinion of Grantee, endanger or interfere with the safe and efficient mstallation or operation of such facilities; and(c) all other rights and privileges reasonably necessary or convenient for the safe and efficient installation and maintenance(to the extent Grantor fails to satisfy its maintenance obligations)of the above-described facilities and for the enjoyment and use of such easement for the purposes described above. In the event Grantee is entitled to perform any repair or maintenance and does so, Grantee shall restore the surface of the Grantor Property to substantially the same or better condition than the condition of the Grantor Property before any repair or maintenance performed by Grantee at Grantee's sole cost and expense. No buildings, structures, or obstacles which shall interfere with, or make unreasonably difficult, the exercise of the easement rights granted herein, shall be located, constructed, excavated or created within the Grantee Utility Easement Parcel The foregoing shall not prohibit the construction and maintenance of paving, curbing, sidewalks, landscaping, or the installation, maintenance and operation of other utilities,within the Grantee Utility Easement Parcel Grantor shall be solely responsible for the maintenance and repair of the Grantee Utility Easement and all utility improvements therein Grantee shall contribute twelve(12%)percent of the reasonable costs incurred by Grantor to maintain and repair the Grantee Utility Easement and all utility improvements therein; provided however Grantee's obligation to contribute such percentage is not due more frequently than one (1)time per year (in 12 monthly mtervals) and until thirty(30) days after Grantee has received documentation reasonably acceptable to Grantee confirming that the costs for which Grantor is seeking reimbursement were actually incurred by Grantor for maintenance and/or repair of the Grantee Utility Easement and all utility improvements therein. Section 4. Grant of Drainage Easement in favor of Grantee Subject to the terms, conditions and limitations set forth herein, Grantor hereby grants the Grantee, for the benefit of the Grantee Property, a non-exclusive, permanent easement over, under, across and through the Grantee Drainage Easement Parcel (the "Grantee Drainage Easement") The Grantee Drainage Easement shall be for the purpose of the conveyance, transfer, collection and storage of surface water and stormwater from the Grantee Property. The easement nghts arising under the foregoing grant of the Grantee Drainage Easement include. (a) the right of perpetual ingress and egress to patrol, inspect, alter, improve, construct,rebuild, relocate, remove and provide access and service ORLDOCS 12442932 8 4 to the pipes and other infrastructure within the Grantee Drainage Easement Parcel; (b)the nght to clear the Grantee Drainage Easement Parcel of trees, limbs, undergrowth and other physical objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, m the opinion of Grantee, endanger or interfere with the safe and efficient installation or operation of such facilities,and(c) all other rights and pnvileges reasonably necessary or convenient for the safe and efficient installation, operation and maintenance(to the extent Grantee has an obligation to perform maintenance or Grantor fails to satisfy its maintenance obligations) of the above- described facilities and for the enjoyment and use of such easement for the purposes described above In the event Grantee is entitled to perform any repair or maintenance and does so,Grantee shall restore the surface of the Grantor Property to substantially the same or better condition than the condition of the Grantor Property before any repair or maintenance performed by Grantee at Grantee's sole cost and expense. No buildings,structures,or obstacles which shall interfere with, or make unreasonably difficult, the exercise of the easement rights granted herein, shall be located, constructed, excavated or created within the Grantee Drainage Easement Parcel. The foregoing shall not prohibit the construction or maintenance of other drainage-related utilities within the Grantee Drainage Easement Parcel. Grantee shall maintain at Grantee's sole cost and expense the single drainage pipe, mitered end section and diverter within the Grantee Drainage Easement Parcel and erosion, if any, around the mitered end section caused by drainage from the Grantee Property in accordance with the terms of the Environmental Resource Permit No • 40-069-88315-4 issued by the St. Johns River Water Management District (the "Permit"). Notwithstanding the foregoing, Grantor shall continue to be the "Permitee" on the Permit. Grantee shall have no additional obligations to maintain or contribute to the cost of maintaining any other part of the surface water and storm water system on the Grantor Parcel. Section 5. Grant of Permanent Sewer Easement in favor of Grantee Subject to the terms, conditions and limitations set forth herein, Grantor hereby grants to Grantee, for the benefit of the Grantee Property,non-exclusive,permanent easement under, across and through the Grantee Sewer Easement Parcel (the "Grantee Sewer Easement"). The Grantee Sewer Easement shall be for the purpose of installing sewer-related infrastructure within the Grantee Sewer Easement Parcel on the Grantor Property for transmission of sewage from the Grantee Property ultimately to public sewer utilities operated and maintained by the City of Clermont, Florida, its successors and/or assigns. The easement rights arising under the foregoing grant of the Grantee Sewer Easement include: (a) the right, in the event Grantor failed to maintain the Grantee Sewer Easement Parcel as required in this Section 5, of egress and ingress to inspect, repair, maintain and provide access and service to the sewer-related facilities within the Grantee Sewer Easement Parcel, and (b) all the rights and privileges reasonably necessary or convenient for the safe and efficient operation and maintenance (to the extent Grantor fails to satisfy its maintenance obligations) of the above-described sewer-related facilities and for the enjoyment and use of such easement for the purposes described above. In the event Grantee is entitled to perform any repair or maintenance and does so, Grantee shall restore the surface of the Grantor Property to substantially the same or better condition than the condition of the Grantor Property before any repair or maintenance performed by Grantee. Further,Grantee shall not dispose of any materials or substances that constitute"hazardous materials"or"hazardous substances"under any Federal, State or local law In the event any sewer-related infrastructure on the Grantor Property is damaged or precluded from properly functioning as a result of Grantee's violation of the pnor sentence, Grantee shall be solely responsible for, without limitation, all costs and expenses of maintenance, repair and/or replacement incurred by Grantor. A part of the Grantee Sewer ORLDOCS 12442932 8 5 Easement Parcel includes paved asphalt and curbs. Grantee may cut into and otherwise disturb the paved asphalt and curbs as part of exercising Grantee's rights under the Grantee Sewer Easement;provided however that Grantee restores the paved asphalt and curbs to substantially the same condition that existed before any work by Grantee. Grantor shall be responsible for performing maintenance of the sewer related infrastructure within the Grantee Sewer Easement Parcel and Grantee Sewer Easement. Grantee shall contribute toward the cost of such maintenance when maintenance is necessary based upon a formula, the numerator of which shall be the aggregate quantity of sewage generated from the Grantee Property for the immediately preceding twelve (12) months; the denominator of which shall be the aggregate amount of sewage generated from the Grantor Property and Grantee Property for the immediately preceding twelve (12) months, all as reported and/or made available by the City of Clermont,Florida Grantor and Grantee acknowledge and agree that the City of Clermont, Florida may calculate the quantity of sewage generated from the Grantor Property and Grantee Property based upon a percentage of potable water used by the Grantor Property and Grantee Property as measured by water meters utilized by the then current provider of potable water to the Grantor Property and Grantee Property, currently Lake Utility Services, Inc. In the event that maintenance is required before the first twelve (12) months following Grantee's receipt of a Certificate of Occupancy for the improvements build on the Grantee Property,the period of time applicable to the numerator and denominator in the above referenced formula shall be limited to the number of complete months since Grantee's receipt of a Certificate of Occupancy. Notwithstanding the forgoing, Grantee's reimbursement due Grantor shall not be due until thirty (30) days after Grantee has received documentation reasonably acceptable to Grantee confirming that the costs for which Grantor is seeking reimbursement were actually incurred by Grantor for maintenance of the sewer related infrastructure within the Grantee Sewer Easement Parcel and Grantee Sewer Easement The balance of the costs incurred to maintain the Grantee Sewer Easement Parcel and Grantee Sewer Easement shall be paid by the then current owner(s)of the Grantor Property Section 6. Intentionally Omitted Section 7. Grant of Temporary Construction Easement in favor of Grantee Subject to the terms,conditions and limitations set forth herein,Grantor hereby grants to Grantee, for the benefit of the Grantee Property, a non-exclusive, construction easement over, under and through those parts of the Grantor Property (i) reasonably necessary to permit Grantee to construct infrastructure to exist within the Grantee Utility Easement Parcel, Grantee Drainage Easement Parcel, Grantee Sign Easement Parcels and all other easement areas encumbering the Grantor Parcel granted to any utility provider that are intended to include utilities that will service the Grantee Property and (ii) reasonably necessary to Grantee to construct sewer and water utilities that in part serve the Grantor Property The scope of this construction easement includes the right of Grantee to erect construction related barriers such as silt fences and construction fences, provided none prohibit use of the church related buildings or any paved surfaces on the Grantor Property. The scope of this easement is also blanket in nature Grantee shall not use the entrance to the Grantor Property at U.S Highway 27 for construction traffic without the prior written or verbal consent of Grantor, not to be unreasonably withheld, conditioned or delayed Grantee shall be entitled to rely on the following representatives of Grantor for purposes of obtaining consent for construction traffic to us the entrance at U.S Highway 27. Bishop Chris Dutruch, Pastor H P Anderson and Pastor Dan Heard, or then serving senior pastor or head church administrator. This easement shall terminate upon the earlier of(i) completion by Grantee ORLDOCS 12442932 8 6 of the last of the infrastructure to be constructed within the Grantee Easement Parcels and easement areas granted to any utility provider that are intended to include utilities that will service the Grantee Property,but for purposes of this subsection 7(i)no later than issuance by the City of Clermont, Florida, of a certificate of occupancy for improvements to be constructed by Grantee on the Grantee Property, or (ii) seven (7) years from the date that this Agreement is recorded in the Public Records of Lake County, Florida. To the greatest extent possible taking into consideration the improvements permitted pursuant to this Agreement and constructed by Grantee, upon completion of construction, Grantee shall restore the surface of the Grantor Property to substantially the same or better condition than the condition of the Grantor Property before any construction by Grantee Notwithstanding the foregoing or anything herem to the contrary, termination of the construction easements described herein shall not affect the easements granted to Grantee for maintenance and repair of infrastructure within the Grantee Easement Parcels,to the extent any such maintenance or repair may include construction Section 8. Grant of Sewer Utility Easement in favor of Grantor. Subject to the terms,conditions and limitations set forth herein,Grantee hereby grants to Grantor,for the benefit of the Grantor Property, a non-exclusive, permanent easement under, across and through the Grantor Sewer Utility Easement Parcel (the "Grantor Sewer Utility Easement"). The Grantor Sewer Utility Easement shall be for the purpose of allowing Grantor to utilize sewer infrastructure installed by Grantee on the Grantee Property and within the Grantor Sewer Utility Easement Parcel for transmission of sewage from the Grantor Property ultimately to public sewer utilities operated and maintained by the City of Clermont, Florida, its successors and/or assigns. The easement rights arising under the foregoing grant of the Grantor Sewer Utility Easement include: (a) the right, in the event Grantee fails to maintain the Grantor Sewer Utility Easement Parcel as required in this Section 7,of ingress and egress to inspect,repair,maintain and provide access and service to the sewer-related facilities within the Grantor Sewer Utility Easement Parcel; and (b) all other rights and privileges reasonably necessary or convenient for the safe and efficient operation and maintenance (to the extent Grantee fails to satisfy its maintenance obhgations) of the above-described sewer-related facilities and for the enjoyment and use of such easement for the purposes described above. In the event Grantor is entitled to perform any repair or maintenance and does so, Grantor shall restore the surface of the Grantee Property to substantially the same or better condition than the condition of the Grantee Property before any repair or maintenance performed by Grantor. Further, Grantor shall not dispose of any matenals or substances that constitute "hazardous materials" or "hazardous substances" under any federal, state or local law. In the event any sewer-related infrastructure on the Grantee Property is damaged or precluded from properly functioning as a result of Grantor's violation of the prior sentence, Grantor shall be solely responsible for, without limitation, all costs and expenses of maintenance,repair and/or replacement incurred by Grantee. Grantee shall be responsible for performing maintenance of the sewer related infrastructure within the Grantor Sewer Easement Parcel and Grantor Sewer Easement. Grantor shall contribute toward the cost of such maintenance when maintenance is necessary based upon a formula, the numerator of which shall be the aggregate quantity of sewage generated from the Grantor Property for the inunediately preceding twelve (12) months; the denominator of which shall be the aggregate amount of sewage generated from the Grantor Property and Grantee Property for the immediately preceding twelve (12) months, all as reported and/or made available by the City of Clermont,Florida. Grantor and Grantee acknowledge and agree that the City of Clermont, Florida may calculate the quantity of sewage generated from the Grantor Property and Grantee Property based upon a percentage of potable water used by the Grantor ORLDOCS 12442932 8 7 Property and Grantee Property as measured by water meters utilized by the then current provider of potable water to the Grantor Property and Grantee Property, currently Lake Utility Services, Inc In the event that maintenance is required before the first twelve (12) months following Grantee's receipt of a Certificate of Occupancy, the penod of time applicable to the numerator and denominator in the above referenced formula shall be limited to the number of complete months since Grantee's receipt of a Certificate of Occupancy Notwithstanding the forgoing, Grantor's reimbursement due Grantee shall not be due until thirty (30) days after Grantor has received documentation reasonably acceptable to Grantor confirming that the costs for which Grantee is seeking reimbursement were actually incurred by Grantee to maintain sewer related infrastructure within the Grantor Sewer Easement Parcel and Grantor Sewer Easement. After Grantee has received a Certificate of Occupancy, the balance of the costs incurred to maintain the Grantor Sewer Easement Parcel and Grantor Sewer Easement shall be paid by the then current owners)of the Grantee Property. Section 9. Grant of Drainage Easements in favor of Grantor Subject to the terms,conditions and limitations set forth herein,Grantee hereby grants to Grantor,for the benefit of the Grantor Property, non-exclusive, permanent easements over, under, across and through the Grantor Drainage Easement Parcels for the transmission and conveyance of surface water and stormwater from the Grantor Property to accommodate development of the Grantor Property existing as of the date of this Agreement (for clarification, excluding the Grantee Property). The easement rights arising under the foregoing grant of the Grantor Drainage Easement include: (a) the right of perpetual ingress and egress to patrol and inspect, the dramage facilities within the Grantor Drainage Easement Parcel, (b)the right to clear the Grantor Drainage Easement Parcel of trees, limbs, undergrowth and other physical objects (regardless of the location of such trees, limbs,undergrowth and other objects)which,in the opimon of Grantor,endanger or interfere with the safe and efficient operation or maintenance of such facilities, and (c) all other rights and privileges reasonably necessary or convenient for the safe and efficient operation and maintenance of the above-described drainage facilities and for the enjoyment and use of such easement for the purposes described above. In the event Grantor is entitled to perform any repair or maintenance and does so, Grantor shall restore the surface of the Grantee Property to substantially the same or better condition than the condition of the Grantee Property before any repair or maintenance performed by Grantor at Grantor's sole cost and expense. No buildings, structures, or obstacles which shall interfere with, or make unreasonably difficult, the exercise of the easement rights granted herein, shall be located, constructed, excavated or created within the Grantor Drainage Easement Parcel. The foregoing shall not prohibit the construction or maintenance of landscaping or the installation,maintenance and operation of other utilities within the Grantor Drainage Easement Parcel. Maintenance of the Grantor Drainage Easement Parcels and all drainage related improvements therein shall be the sole responsibility of the Grantor at the sole cost and expense of Grantor without reimbursement from Grantee. Section 10. Intentionally Omitted. Section 11. Grant of Sign Easement in favor of Grantee. Subject to the terms, conditions and limitations set forth herein, Grantor hereby grants to the Grantee, for the benefit of the Grantee Property, a non-exclusive, permanent easement over, under, across and through the Grantee Sign Easement Parcels (collectively the "Grantee Sign Easement"). Grantor and Grantee agree to maximize the copy space permitted by the City of Clermont, Florida of all signs ORLDOCS 12442932 8 8 within the Grantee Sign Easement and agree to pursue a variance(s) from the City of Clermont, Florida, to permit the maximum number of signs and maximum signage copy space possible within the Grantee Sign Easement Parcels As long as the Grantor Property after the date of this Agreement is not owned in part by more than two owners, the owner(s) of the Grantor Property shall be entitled collectively to use up to an aggregate amount of two-thirds of the maximum signage copy space permitted by the City of Clermont's Code of Ordinances and any variance increasing permitted copy spaced (collectively "Copy Space") on each of the signs within the Grantee Sign Easement and Grantee shall be entitled to use a maximum amount of one-third of the Copy Space on each of the signs within the Grantee Sign Easement In the event after the date of this Agreement that the Grantor Property is owned in part by three or more owners and there are at least three owners of the Grantor Property shanng the Copy Space on any one of the signs within the Grantee Sign Easement, the owners of the Grantor Property shall be entitled collectively to use up to an aggregate amount of three-quarters of the Copy Space on each of the signs within the Grantee Sign Easement and Grantee shall be entitled to use a maximum amount of one-quarter of the Copy Space on each of the signs within the Grantee Sign Easement. Once after the date of this Agreement that the Grantor Property is owned in part by three or more owners sharing the Copy Space on any one of the signs within the Grantee Sign Easement,the Grantor Property shall be considered for purposes of this Section 11 to always be owned in part by three or more owners who are sharing said Copy Space In no event shall Grantee's entitlement to use of the Copy Space on each of the signs within the Grantee Sign Easement be less than twenty-five percent of said Copy Space. The Grantee Sign Easement shall be for the purpose of the construction, placement, maintenance and alteration of content of signs acceptable to Grantee in Grantee's sole and absolute discretion subject to the size restrictions described above, and all related infrastructure including electricity and lighting, within each of the Grantee Sign Easement Parcels for the benefit of the Grantee Parcel Grantee shall determine the layout, appearance and content of those parts of the signs for Grantee in Grantee's sole and absolute discretion, subject to the size restrictions described above and compliance with apphcable provisions of the City of Clermont's Code of Ordinances and permitting requirements. The easement nghts arising under the foregoing grant of the Grantee Sign Easement include: (a) the nght of perpetual ingress and egress to patrol, inspect, alter, improve, rebuild, remove, alter the content and provide access and service to the signs and all infrastructure serving the signs (e g electrical wires and lighting) within the Grantee Sign Easement Parcel; (b) the right to clear the Grantee Sign Easement Parcels of trees, limbs, undergrowth and other physical objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, in the opinion of Grantee, endanger or interfere with the safe and efficient installation or operation of such facilities, and (c) all other rights and privileges reasonably necessary or convenient for the safe and efficient installation, operation and maintenance of the above-described facilities and for the enjoyment and use of such easement for the purposes described above. No buildings, structures, or obstacles which shall interfere with, or make unreasonably difficult, the exercise of the easement rights granted herein, shall be located, constructed, excavated or created within the Grantee Sign Easement Parcels. Grantor shall be solely responsible for maintenance of the signs and all electrical and lighting infrastructure servicing the signs within the Grantee Sign Easement Parcels. Grantee shall contribute a percentage of the reasonable costs incurred by Grantor to maintain and repair such signs equal in amount to the then current percentage of the Copy Space that Grantee is entitled to use, provided however Grantee's obligation to contribute such percentage is not due until thirty (30) days after Grantee has received documentation reasonably acceptable to Grantee confirming that the costs for which Grantor is seeking reimbursement were actually incurred by ORLDOCS 12442932 8 9 Grantor for maintenance and/or repair of the signs Section 12. Insurance. Grantee, at all times during the construction by or on behalf of the Grantee of the improvements on the Grantee Utility Easement Parcel, Grantee Drainage Easement Parcel and Grantee Temporary Sewer Easement Parcel permitted by this Agreement 1) shall cause its contractor to possess worker's compensation insurance in the amount of the Florida Statutory Limit; and 2) shall possess general liability insurance m the amount of at least $1,000,000. All such liability insurance shall be maintained throughout the course of the construction of the improvements permitted by this Agreement and for a penod of time thereafter as required by the Grantor in order to protect the Grantor from any covered liability, claims, damages,losses or expenses arising from or out of in any way connected with construction of said improvements Grantor shall be listed as an additional insured on the general liability policy. In addition, Grantor and Grantee shall each provide liability insurance coverage insuring each of their uses of the easements inuring to their respective benefit in a coverage amount of not less than $1,000,000.00 per occurrence, with each other named as additional insureds. This requirement may be met by a general liability insurance policy providing coverage for each of their respective parcels. Section 13. Non-Exclusive Easements The Easements are non-exclusive, and Grantor and Grantee specifically reserve for themselves and their respective successors, assigns, agents, employees,tenants, invitees, licensees, guests, contractors and subcontractors the right to use the Easement Parcels encumbering their respective properties for any and all purposes so long as such use does not unreasonably interfere with the other's use of the Easement Parcels as contemplated under this Agreement. Grantor and Grantee further specifically reserve the right and privilege at any time and from time to time to make further grants, easements, licenses, and privileges to other persons or entities,over,under,upon and with respect to the Easement Parcels encumbering their respective properties, so long as the foregoing will not unreasonably interfere with the right of the other to use the applicable Easement Parcels for the purposes and in the manner herein described Such further granting of easements,licenses and privileges with respect to any of the Easement Parcels shall not require the consent of the other party. Each party shall use the rights granted and reserved by this Agreement with due regard to the rights of the other party to use and enjoy the Easement Parcels. Section 14. Cooperation by Grantor and Grantee. Grantor and Grantee shall cooperate in good faith with Grantee's construction of infrastructure within the Easement Parcels, including without limitation by Grantor signing and returning to Grantee all consents and authorizations required to be submitted to any governmental or quasi-governmental authority to obtain permits necessary to perform such construction within a reasonable time of Grantee's request for the same, not to exceed ten (10) calendar days. In addition, in the event Grantor and Grantee request the other for any additional documentation from either to confirm termination of any of the temporary easements described in this Agreement, Grantor and Grantee shall reasonably cooperate with one another by executing and returning to the requesting party such instrument within a reasonable time, not to exceed ten (10) calendar days from such request In the event it ever becomes necessary for Grantor or Grantee to exercise self-help or otherwise perform an obligation allocated to the other party under the terms of this Agreement,Grantor and Grantee shall reasonably cooperate with one another so that the obligation is ultimately performed,without waiving any other rights or remedies of the performing party. ORLDOCS 12442932 8 10 Section 15. Conveyance to City of Clermont/Third Party Utility Providers. Grantor and Grantee may convey to the City of Clermont, Flonda, or other third-party utility provider, utility easements to replace those utility easements being granted by Grantor and Grantee to each other provided that such easements shall be non-exclusive and perpetual, the applicable utility infrastructure is conveyed to the City and/or third-party utility provider along with the easement and the terms of such easement are no more burdensome or restrictive to the party benefitting from the easement (Grantor and Grantee) in the reasonable discretion of said benefittuig party As an additional condition precedent to such conveyances,the granting parting shall cause its lender, if any, to join in and consent to all such conveyances of infrastructure and grants of easements Upon such conveyance of infrastructure and grant of easements by Grantee and Grantor to the City of Clermont, Florida or other third party utility provider, as applicable, that part of this Agreement granting and otherwise applicable to the Grantee Utility Easement, Grantee Utility Easement Parcel, Grantee Sewer Utility Easement, Grantee Sewer Utility Easement Parcel, Grantor Sewer Utility Easement and Grantor Sewer Utility Easement Parcel shall terminate and no longer be enforceable under this Agreement, provided however, the termination of the Grantee Utility Easement shall be limited to the specific utility that is the subject of a utility easement in favor of the City of Clermont, Florida or other third party utility provider. Recording in the Public Records of Lake County, Florida of easements in favor of the City of Clermont,Florida or third parties for utility services contemplated in this Agreement shall serve as conclusive proof pursuant to this Section of the Agreement that the applicable easement (in part if applicable) in this Agreement has been terminated Notwithstanding the immediately preceding sentence, in the event required by Grantee, by Grantor or by any lender to Grantee or Grantor, any contract purchaser of the Grantee Property or Grantor Property or its lender (respectively), the City of Clermont, Florida, any other third party utility provider, or any title insurance agent or company, Grantee and Grantor, as applicable, shall execute, and shall cause their respective then current lenders to execute and deliver to Grantee or Grantor, as applicable, for recording in the public records of Lake County, Florida a separate document(s) terminating the applicable easement(s) and releasing the applicable easement parcel(s) from the terms of this Agreement,all within a reasonable time not to exceed thirty(30)days from the date of a request. Section 16. Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of Grantor, Grantee and their respective heirs, representatives, successors, assigns, licensees, invitees, employees, tenants, lessees, agents, customers,guests and mortgagees. The benefits and burdens hereof shall run with the fee title to the lands herein described and be appurtenant thereto Section 17. Amendment. This Agreement may be amended or modified at any time only by an agreement in writing mutually agreed to, executed and acknowledged by Grantor and Grantee, or their successors or assigns in title, and thereafter duly recorded in the Public Records of Lake County,Florida Section 18. Applicable Law This Agreement shall be construed and governed in accordance with the laws of the State of Florida,with venue in Lake County,Florida. Section 19. Captions The paragraph captions included herein are for reference only and shall not amend, modify or be used to interpret or construe the meaning or intent of the parties as to any of the terms and provisions hereof ORLDOCS 12442932 8 11 Section 20. Enforcement; Remedies and Attorneys' Fees. In the event either party fails to comply with any term, provision or condition of this Agreement,then such party shall be in default of this Agreement If such party fails to correct any such default within thirty (30) calendar days after receiving written notice from the other party of such default,or has not begun to diligently cure such default, then the non-defaulting party shall have the following remedies: (i)bring an action for damages and/or specific performance,or seek any other remedy in law or in equity, (ii) grant additional time to cure such default; or (nn) use self-help to cure such default. Any party which prevails in any such litigation to enforce the provisions hereof shall recover as part of its costs reasonable attorneys' and paralegals' fees and costs, together with such other costs and expenses as the court deems appropriate Section 21. Remedies for Failure to Maintain or Pay (a) To Maintain. If a party obligated to maintain an easement or easement parcel (or repair or replace damaged improvements within the easement or, easement parcel or property within which the easement or easement parcel is located (i e Grantor Property or Grantee Property, as apphcable)) pursuant to the terms of this Agreement ("Defaulting Party") (i) fails to maintain any easement or easement parcel (or repair or replace damaged iwhich improvements within the easement or,easement parcel or property w thin the easement or easement parcel is located (i.e. Grantor Property or Grantee Property, as applicable)) it is required to maintain under this Agreement, and does not cure such failure within thirty (30) calendar days of written notice from a party that is not obligated to maintain an easement or easement parcel (or repair or replace damaged improvements within the easement or, easement parcel or property within which the easement or easement parcel is located (i.e. Grantor Property or Grantee Property, as applicable)) under this Agreement ("Performing Party") and (ii) such failure interferes with the Performing Party's use of the easement or easement parcel, the Performing Party may cause such maintenance to be performed in which case the Performing Party shall, in addition to all other remedies, have a lien on the Defaulting Party's property to permit the recovery of the maintenance costs incurred by the Performing Party, together with a reimbursement for reasonable overhead expenses of ten percent (10%) of such maintenance costs, interest at the maximum rate allowed by law, costs and attorneys' fees incurred by the Performing Party in enforcing the lien or recovering the amount due it. In the event that a Defaulting Party fails to pay the amount owed under this Agreement to a Performing Party, and does not cure such failure within fifteen(15)calendar days of written notice from the Performing Party to whom the amount is owed,the Performing Party shall, in addition to all other remedies, have a lien on the Defaulting Party's parcel upon recording a claim of hen in the Public Records of Lake County Florida, to permit the recovery of the amount owed to the Performing Party, together with a reimbursement for reasonable overhead expenses of ten percent (10%) of such construction costs, interest at the maximum rate allowed by law, costs and attorneys' fees incurred by the Performing Party in enforcing the lien or recovering the amount due it Any lien arising out of this Section 21 will be junior and inferior to any first mortgage, including any subsequent mortgage granted to a subsequent lender m replacement of the first mortgage, on the Defaulting Party's property held by a bank, savings and loan, insurance company or similar institutional lender ("Lender") recorded prior to the date that the Performing Party records a claim of lien in the Public Records of Lake County, Florida. Such lien may be foreclosed m the manner permitted for the foreclosure of mortgages A Lender shall have no personal liability for unpaid obligations of the Defaulting Party. A Performing Party performing the obligations of a Defaulting Party pursuant to this section shall have a temporary access and construction easement over the Defaulting Party's property, and the right to use any Easements granted under ORLDOCS 12442932 8 12 this Agreement to the Defaulting Party (subject to any limitations on or obligations concerning the use of such Easements set forth in this Agreement), to permit the Performing Party to exercise its rights under such sections Such temporary access and construction easement is for the sole benefit of the Performing Party and its contractors, for use in conjunction with the Performing Party's exercise of rights under this section, and shall terminate immediately following such exercise of nghts. The remedies provided under this Section 21 are not intended to be exclusive, and any Performmg Party shall have all other remedies against a Defaulting Party available at law or equity. (b) In the event that a party is unable to timely perform its maintenance,repair or replacement obligations under this Agreement, due to circumstances beyond its control (including, without limitation, action or inaction of a government agency) not based upon an act or failure to act of the Performing Party, fire, flood, hurricane, tornado, earthquake, windstorm, sink hole, unavailability of materials, equipment or fuel, war, declaration of hostilities, terrorist act, civil strife, stnke, labor dispute, epidemic, archaeological excavation, or act of God, such delay (an "Excused Delay") shall be excused in the manner herein provided. If such party is delayed in any maintenance, repair or replacement required by this Agreement for occurrence of an event of Excused Delay,the date for action required or contemplated by this Agreement shall be extended by the number of days equal to the number of days such party is delayed. The party seeking to be excused based on an event of Excused Delay shall give written notice of the delay to the Performing Party, which notice shall indicate the anticipated duration of the Excused Delay Each party shall use its best efforts to rectify any conditions causing the delay and will cooperate with the other party, except for the occurrence of unreasonable additional costs and expenses,to overcome any loss of time that has resulted. Section 22. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or as limited or general partners or of joint ventures or of any other association between the parties Section 23. Covenants to Run With Land. It is intended that the easements created herein shall run with the land and create equitable servitudes in favor of the real property benefitted thereby, shall bind every person having any fees, leaseholder or other interests therein and shall inure to the benefit of the respective parties and their respective successors, assigns, heirs and personal representatives. Section 24. Acceptance by Subsequent Grantees. The grantee of the Grantor Property or the Grantee Property or any portion thereof, by acceptance of the deed conveying title thereto or to the execution of a contract for the purchase thereof,whether from an original party or from a subsequent owner of such Grantor Property or Grantee Property, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for itself and its successors, assigns, heirs and personal representatives, covenant, consent and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so required by such grantee Section 25. Non-Dedication. This Agreement is not intended to be a gift or dedication of any portion of the Grantor Property or Grantee Property to the general public or for any public purpose. ORLDOCS 12442932 8 13 Section 26. Representations and Warranties. The Grantor and Grantee hereby represent and warrant to each other that they have the right, title and authority to grant the easement rights provided herein and that no other parties have the nght or authority to approve or disapprove the terms hereof, except for the lender set forth herein, which lender joins m and consents to the grant of easements contained herein. The Grantor and Grantee further warrant and represent to each other that, except with respect to all matters of record as of the date hereof, Grantor Property and Grantee Property are free from any and all liens and encumbrances. Section 27. Estoppel Certificates Each party agrees that upon written request (which shall not be more frequent than three(3)times during any calendar year)from time to time of any other party, it will timely issue at no charge to a prospective mortgagee such other party or to a prospective purchaser or successor party to such other party, an estoppel certificate stating. (a) whether the party to whom the request has been directed knows of any defaults by any party under this Agreement,and if there are known defaults,specify the nature thereof; (b)whether this Agreement has been assigned,modified or amended in any way by such party (and if it has,then stating the nature thereof);(c)that to the best of the requesting party's knowledge,this Agreement as of that date is m full force and effect; and (d) that to the best of the requesting party's knowledge, there are not any sums owed by any party Such statement shall act as a waiver of any claim by the party furnishing it to the extent such claim is based upon facts contrary to those asserted against bona fide encumbrance or purchaser for value without knowledge of facts to the contrary of those contained m the statement, and who has acted in reasonable reliance upon the statements; however, such statement shall in no event subject the party furnishing it to any liability whatsoever, notwithstanding the negligent or other inadvertent failure of such party to disclose correct or relevant information. Section 28. Agreement shall continue notwithstanding breach It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement or any Easement arising hereunder. However, such limitation shall not affect m any manner any other rights or remedies which a party may have hereunder or under applicable law by reason of any such breach Section 29. Notices. The addresses of Grantor and Grantee are as set forth in the initial paragraph. Any notice given by United States mail shall be deemed so given on the third calendar day after the same is deposited in the Umted States mail registered or certified matter, addressed as above provided, with postage thereon fully prepaid. Any notice that is given by another method shall be deemed to be delivered upon receipt by the party to whom the same is given. If by a recognized overnight courier such as Federal Express, receipt shall occur upon delivery of the applicable notice to the applicable address according to the records of the overnight courier. The parties may from time to time notify the other of changes regarding where notices should be sent by sending notification of such changes pursuant to this paragraph. Section 30. Waiver No waiver of, acquiescence in, or consent to any breach or default of any term or condition hereof shall constitute or be construed as a waiver of, acquiescence in or consent to any other,further or succeeding breach or default of the same or any other term or condition Section 31. Severability. If any term or condition of this Agreement shall, in any case, be invalid or unenforceable under applicable law, then the same and all other terms and ORLDOCS 12442932 8 14 conditions of this Agreement shall, in all other cases, not be affected thereby, and all such terms and conditions shall be valid and enforceable to the fullest extent permitted by applicable law Section 32. Entire Agreement This Agreement and the documents incorporated herein constitute the entire agreement between the parties regarding the Easements created hereunder This Agreement shall not be construed with resort to any presumption against the preparer or maker hereof. Section 33. Counterpart Execution This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument Section 34. Further Assurances. The parties hereto, for themselves and their successors and assigns, agree to execute any and all further instruments and documents and take all such action as may be reasonably required to effectuate the terms,provisions and intent of this Agreement Section 35. Mortgagee Rights In the event a Lender or any affiliate of a Lender(for purposes of this paragraph the term "Lender"shall include any corporation or partnership owned or controlled by the Lender) acquires title to a parcel from a Defaulting Party, by virtue of foreclosure, deed in lieu of foreclosure, or otherwise,'then, anything in this Agreement to the contrary notwithstanding, Lender shall have no personal liability for any damages resulting from its default under the terms of this Agreement, and the Performing Party agrees that it shall look solely to the estate and interest of the Lender in the parcel subject to this Agreement for the collection of any judgment(or other judicial process) requiring the payment of money by Lender in the event of any default or breach by Lender with respect to any of the terms, covenants and conditions of this Agreement to be observed and/or performed by Lender, and no other assets of the Lender shall be subject to levy, execution or other procedures for the satisfaction of Performing Party's remedies. Lender shall not be personally liable for any act or omission of any prior parcel owner,nor shall the Lender be bound by any maintenance and repair costs which the Performing Party might have paid for more than the current year to any prior parcel owner nor shall it be bound by any amendment or modification of this Agreement made without its written consent,not to be unreasonably withheld,conditioned or delayed. The Grantor and Grantee agree to provide Lender a copy of any Notice delivered to another party pursuant to Section 21 hereof. Notice shall be delivered to Lender in the manner specified in Section 29 hereof. The address of Lender is set forth in the joinder and consent to this Agreement,attached hereto Section 36. JURY WAIVER EACH PARTY HEREBY COVENANTS AND AGREES THAT IN ANY LITIGATION, SUIT, ACTION, COUNTERCLAIM OR PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF CONCERNS, OR RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, THE PERFORMANCE HEREOF, OR THE RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRI1-1EN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY NEITHER PARTY HAS MADE OR ORLDOCS 12442932 8 15 RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY THE OTHER PARTY REGARDING THE ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ORLDOCS 12442932 8 16 IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be signed m their names by their undersigned officers thereunto duly authorized by due and lawful authority as of the day and year first above written. Signed,sealed,and delivered CLERMONT RETIREMENT in the presence of: RESIDENCE LLC,a Washington limited liability company 3tjjapsWitness By Hawthorn Management Services Corp,a ►1, o____s Washington corporation,its manager Prim Name r ' ALE ' By. W / Barton G. Colson,President rPrinted Name STATE OF WASHINGTON COUNTY OF CLARK I HEREBY CERTIFY, that on this orday of December, 2012 before me personally appeared Barton G. Colson, as President of Hawthorn Management Services Corp, a Washington corporation, manager of CLERMONT RETIREMENT RESIDENCE LLC, a Washington limited liability company. He is personally know to me d , on Witness my hand and official seal this D day of December,2012. _ (pi NOTARY PUBLIC liqtary Signature -Par 4 4e» STATE OF WASHINGTON Q,Goi h ROBIN R.GOINS Printed Notary Name Commission Ewes September 26,2015 Notary Public m and for the County and State aforesaid My Commission Expires: 4 ? ; S ORLDOCS 12442932 8 17 WITNESSES: By: i . / , Mikeen,Trustee of the Local Board of 'fife' :IL , w,; Trustees of the Church of God,an unincorporated association,a/k/a Celebration ' of Praise Church of God Print Name• (7 to STATE OF FLORIDA COUNTY OF e)�N6C The foregoing instrument was acknowledged before me this ./511 day of December, 2012 by Mike Green, as Trustee of the Local Board of Trustees of Church of God, an unincorporated association, a/k/a Celebration of Praise Church oS God, on behalf of said association. He 0 is personally known to me or irg has produced •e l,'c. as identification. eLex.7)-0 t Name. Notary Pubic State of Florida Joan M Scraper i •otary Public, State of Flonda My commiselon D13872573 Commission No , if any. Expires 03/25/2013 My commission expires. ORLDOCS 12442932 8 18 WITNESSES: By. 210-).--:lh- • l `�, • d Edwin Rodriguez,Trus e o the Local P , Name: ;a , , A,- ,- Board of Trustees of the Church of God, an / / unincorporated association,a/k/a Celebration li i 'r of Praise Church of God Print Name. ..,., _ Sr-) STATE OF FLORIDA COUNTY OF pe,9,t4 The foregoing instrument was acknowledged before me this 2/5t day of December, 2012 by Edwin Rodriguez, as Trustee of the Local Board of Trustees of Church of God, an unincorporated association, a/k/a Celebration of Praise Church of God, Qn behalf of said association. He ❑ is personally known to me or & has produced P t. 13 L_I C as identification. a. ---)h •>jc-t4e.zfiLe-A— :�',1 ��� 00��gg Notary Public State of Fbddp l t Name rjl R Joan M Scraper Fr'tary Public,State of Florida ft "yCommieston DD8l2573 Expires 032512013 Commission No,if any. My commission expires: ORLDOCS 12442932 8 19 WITNESSES: By: . 1. _. A11. Waymon Mill ,Trustee • the Local Board Print Name. .L -7;71-.14 A/C.A. of Trustees of the Church •f God,an unincorporated association,a/k/a Celebration or,�, ,,4, - , of Praise Church of God Print Name. jj,;-)1 ohSir 0-11-1-6k. STATE OF FLO IDA COUNTY OF 1.7v E LL4 The foregoing instrument was acknowledged before me this 26 day of December, 2012 by Waymon Miller,as Trustee of the Local Board of Trustees of Church of God,an unincorpo association, a/k/a Celebration of Praise Church of God, on behalf of said association. He is personally known to me or 0 has produced as identification. ;A) Print Name: PPp.+, J4.--Ta-4.--Ta J ' , MY E i �� Notary Public, State of Florida = ° I ' CommissionBeetkinntaileiteguonags No.,if any: �±- My commission expires• to r 3 0--/3 ORLDOCS 12442932 8 20 Prepared By and Return To: D SCOTT BAKER Zimmerman,Kiser&Sutchffe,P.A. 315 E.Robinson St.,Suite 600 Orlando,FL 32801 Phone:(407)425-7010 CONSENT AND JOINDER OF MORTGAGEE The undersigned, CENTENNIAL BANK, an Arkansas banking corporation (mortgagee), the mortgagee under and holder of (1) that certain Real Estate Mortgage and Security Agreement recorded in Book 3474,Page 637,Assignment of Leases,Rents,and Profits recorded in Book 3474,Page 648,Collateral Assignment of Development Rights,Contracts,Permits and Licenses and Utility Rights recorded in Book 3474,Page 658,and UCC Financing Statement recorded in Book 3489,Page 702,as assigned by Old Southern Bank by that Assignment of Security Instruments and Other Loan Documents recorded on May 12, 2010 in Book 3904, Page 1682, as modified by that certain Note and Mortgage Modification and Renewal Agreement recorded on August 10,2012 m Book 3936, Page 1914, and further modified by that Mortgage and Note Modification and Renewal Agreement recorded on December 8,2011 in Book 4102,Page 1263, as further modified by UCC-3 Amendment recorded on August 10,2010 in Book 3936,Page 1930,and as further modified by UCC-3 Continuation recorded on August 2, 2012 in Book 4194,Page 2046,all of the Public Records of Lake County,Florida,and(2)that certain Real Estate Mortgage and Security Agreement recorded in Book 3474, Page 664, Assignment of Leases, Rents, and Profits recorded in Book 3474,Page 676,Collateral Assignment of Development Rights,Contracts,Permits and Licenses and Utility Rights recorded in Book 3474,Page 687,and UCC Financing Statement recorded in Book 3489,Page 700, as assigned by Old Southern Bank by that Assignment of Security Instruments and Other Loan Documents recorded on May 12,2010 in Book 3904,Page 1682,as modified by that certain Note and Mortgage Modification and Renewal Agreement recorded on August 10,2012 in Book 3936,Page 1922,further modified by that Mortgage and Note Modification and Renewal Agreement recorded on December 8,2011 in Book 4102,Page 1272,as further modified by UCC-3 Amendment recorded on August 10, 2010 m Book 3936, Page 1931,as further modified by UCC-3 Continuation recorded on August 2, 2012 in Book 4194, Page 2045, and as further modified by UCC-3 Continuation recorded on August 2, 2012 in Book 4194, Page 2047, all of the Public Records of Lake County, Florida, hereby consents and joins m the foregomg Access,Utility,Drainage and Sign Easement Agreement with Clermont Retirement Residence,LW, and subordinates its mortgage hen and other secunty interests encumbering all or any part of the Grantor Property(as described in the foregoing Access,Utility,Drainage and Sign Easement Agreement)to the Access,Utility,Drainage and Sign Easement. IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this (0 day of December,2012 Witnesses "MORTGAGEE" CENTENNIAL BANK, an Arkan'•: . : corporation ✓'�� ���� / B'. Printed Name: ANA . OROZCO CY NORMAN, Witness as First Vice President ,I c/ % Printed-Name. f SG71-1. ;.4"' A Witness STATE OF FLO:IDA COUNTY OF The foregoing instrument was acknowledged before me this -4' day of December, 2012, by Cy Norman as First Vice President for Centennial Bank,on behalf of the bank. He is[.er>onally known to me or[ J has provided as valid identification 41. Notary Public,State of Florida ,,,�„ �M.OROZCO Printed Name ANA M. OROZCO � � my cowavoui EE 172317 My Commission Expires * ',,. - EXPIRES Match i2,2016 My Commission No. �':oa go�dllvu&�pd l ao�e EXHIBIT"A" GRANTOR PROPERTY Tracts 33, 34, and 48 West of the Highway, and Tracts 37, 38, 39, 40, 41, 42, 43, 44, 47 and 54 of MONTE VISTA PARK FARMS in Section 5, Township 23 South, Range 26 East, according to the plat thereof recorded in Plat Book 2, Page 27 of the Public Records of Lake County, Florida; and the NW 1/4 of the SE 1/4 of Section 5, Township 23 South, Range 26 East, Lake county, Florida. Less and Except. That part of Tract 48 Westerly of State Road 25(U.S Highway N. 27-Formerly No. 19)of MONTE VISTA PARK FARMS, according to the plat thereof recorded in Plat Book 2, Page 27, Public Records of Lake county, Florida in Section 5,Township 23 South, Range 26 East, lying westerly of the survey line of State Road 25 (aka U.S. Highway 27), Section 11200 and within a straight line transition of 145 feet at Station 1532+00 to 112 feet at Station 1537+00, said survey line being described and said stations being located as follows: Commence at a point on the East boundary of Section 5, Township 23 South, Range 26 East, located 1300.17 feet Northerly of the southeast corner of said Section 5; thence run South 26°52'00" East 28.31 feet to the beginning of this part of said survey line at station 1532+00 thence North 26°52'00"West 500 feet to the end of said survey line at Station 1537+00; according to Deed recorded September 28, 1970 in Book 414, Page 436. Also less and except: parcels conveyed to Lake County, Florida, a political subdivision, identified as SC#RW3 and SC#RW4,described in Deed recorded May 16, 2005 In Book 2833, Page 2332. Also less and except the following parcel conveyed to Clermont Retirement Residence LLC and mote particularly described as follows: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N.89°20'43°W., A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°39'17'W., A DISTANCE OF 84.24 FEET;THENCE S.44°20'43"E., A DISTANCE OF 224.08 FEET;THENCE S.00°39'17"W.,A DISTANCE OF 326.26 FEET; THENCE S.45°39'17"W., A DISTANCE OF 117.94 FEET; THENCE N.89°20'43"W., A DISTANCE OF 331.69 FEET; THENCE N.00°39'17'1E., A DISTANCE OF 652.35 FEET TO AFORESAID SOUTH BOUNDARY; THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E., A DISTANCE OF 256.64 FEET TO THE POINT OF BEGINNING. ORLDOCS 12442932 8 22 EXHIBIT"B" GRANTEE PROPERTY A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64,PAGES 13 THROUGH 15,OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N.89°20'43"W., A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°39'17"W, A DISTANCE OF 84 24 FEET,THENCE S 44°20'43"E., A DISTANCE OF 224.08 FEET; THENCE S 00°39'17"W, A DISTANCE OF 326.26 FEET; THENCE S.45°39'17"W, A DISTANCE OF 117 94 FEET; THENCE N 89°20'43"W., A DISTANCE OF 331.69 FEET, THENCE N.00°39'17"E., A DISTANCE OF 652.35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E., A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING ORLDOCS 12442932 8 23 . EXHIBIT"C" GRANTEE ACCESS EASEMENT PARCEL ORLDOCS 12442932 8 24 SKETCH OF DESCRIPTION FOR , DESCRIPTION CLERMONT RETIREMENT RESIDENCE LLC ACCESS EASEMENT: EXHIBIT"C" A PARCEL OF LAND LUNG IN THE S.E. 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANCE 28 EAST, ALSO BEING A PORTION OF LOTS 34. 47 AND AN UNIDENTIFIED PORTION OF THE PLAT OF MONTE VISTA PARK FARMS'AS RECORDED IN P1.47 BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. AND A PORTION OF TRACT E' OF NOTTINGHAM AT LEGENDS'AS RECORDED IN PLAT BOOK 57, PAGES 5 THROUGH 9 INCLUSIVE OF THE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE S E CORNER OF "TUSCANY VILLAGE - PHASE 1'AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S. HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES). THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY UNF, S.24'48'58 E, A DISTANCE OF 72 43 FEET. THENCE DEPARTING SAID RIGHT OF WAY LINE, S 88 22'49'W, A DISTANCE OF 29.98 FEET. THENCE N83'37'09111. A DISTANCE OF 151 62 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 138.00 FEET, A CENTRAL ANGLE OF I14'05'03'AND A CHORD BEARING AND DISTANCE OF 5.32'03'88'W• 231.56 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 274.78 FEET TO A POINT OF TANGENCY. THENCE S.24'58 33 E., A DISTANCE OF 287 36 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 18200 FEET, A CENTRAL ANGLE OF 575337 AND A CHORD BEARING AND DISTANCE OF S03'58'1511,, 176 18 FEET, THENCE SOUTHERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 183 90 FEET TO A POINT OF TANGENCY' THENCE S.32'55'04'W. A DISTANCE OF 269 01 FEET, THENCE N 7(734'26"W, A DISTANCE OF 128 88 FEET; THENCE N.25'37 53 W. A DISTANCE OF 37 40 FEET: THENCE N 58'52'46'W, A DISTANCE OF 154 32 FEET, THENCE S 80 68'OS'W, A DISTANCE OF 37 95 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 158 00 FEET, A CENTRAL ANGLE OF 5709.31`AND A CHORD BEARING AND DISTANCE OF N 60'56'S1'W. 160,73 FEET. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 167 60 FEET TO A POINT OF TANGENCY. THENCE N 89'31'36'W. A DISTANCE OF 268 42 FEET. THENCE N 00.39'l7E, A DISTANCE OF 562 73 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 88.00 FEET, A CENTRAL ANGLE OF 98 05'01'AND A CHORD BEARING AND DISTANCE OF N.48'23'131Y, 132 91 FEET, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 150.65 FEET 70 A POINT OF TANGENCY. THENCE S.82'34'16'I, A DISTANCE OF 296 13 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET, A CENTRAL ANGLE OF 65'5237`AND A CHORD BEARING AND DISTANCE OF N 64'29'251 V. 121 80 FEET. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 128.77 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY UNE OF HAMMOCK RIDGE ROAD (ALSO KNOWN AS SOUTH CLERMONT CONNECTOR) (RIGHT OF WAY WIDTH VARIES), SAID POINT ALSO BEING ON A CURVE; CONCAVE NORTHWESTERLV, HAVING A RADIUS OF 759 00 FEET. A CENTRAL ANGLE 01 49'07'AND A CHORD BEARING AND DISTANCE OF N 62.19'03"", 24 07 FEET; THENCE ALONG SAID CURVE AND SAID SOUTHEASTERLY RIGHT OF AWAY UNE, A DISTANCE OF 24.07 FEET THENCE DEPARTING SAID RIGHT OF WAY LINE ALONG A CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 88.00 FEET, A CENTRAL ANGLE OF 64'49'10` AND A CHORD BEARING AND DISTANCE OF S 85'01'09E., 94.33 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 99 S6 FEET TO A POINT OF TANGENCY. THENCE N.82'34'16E, A DISTANCE OF 286 13 FEET TO THE POINT OF CURVATURE OF A CHIVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 11200 FEET, A CENTRAL ANGLE OF 59'0729'AND A CHORD BEARING AND DISTANCE OF S.67'5159E, 110 51 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 115.58 FEET TO THE END OF SMD CURVE, THENCE S.713'21'07"E.. A DISTANCE OF 29 02 FEET. THENCE 100'39'17N. A DISTANCE OF 603.53 FEET; THENCE S 89'31'36E. A DISTANCE OF 152 32 FEET, THENCE N OO'28'24E, A DISTANCE OF 12 17 FEET; THENCE S.8970'43'E, A DISTANCE OF 50 00 FEET, THENCE S 00'28'24'W. A DISTANCE OF 12 01 FEET, THENCE S 8911'36E., A DISTANCE OF 38 45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 192 00 FEET, A CENTRAL ANGLE OF 327121'AND A CHORD BEARING AND DISTANCE OF S 63'2036"., 169.41 FEET`, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 175 45 FEET TO THE END OF SAID CURVE THENCE N 80'58 05"E, A DISTANCE OF 31 67 FEET, THENCE S 58 52'46'E. A DISTANCE OF 170.26 FEET, THENCE S.25'3753E, A DISTANCE OF 34 64 FEET, THENCE&70'34 26'E., A DISTANCE OF 100.01 FEET; THENCE N.32115'04'E, A DISTANCE OF 25009 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 158.00 FEET: A CENTRAL ANGLE OF 5753'37"AND A CHORD BEARING AND DISTANCE OF N 0318.15.E. 152 94 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 159 65 FEET TO A POINT OF TANGENCY; THENCE N.24'58331Y, A DISTANCE OF 287 38 TO A POINT OF CURVATURE OF A CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 162.00 FEET A CENTRAL ANGLE OF 113'02'44'AND A CHORD BEARING AND DISTANCE OF N 3I'32'49'E, 270 25 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 319.63 FEET TO A POINT OF TANGENCY, THENCE N 85'3028E, A DISTANCE OF 145.82 FEET, THENCE N.29'3742E, A DISTANCE OF 16.56 FEET TO THE POINT OF BEGINNING SAID LANDS CONTAINING 184 ACRES, MORE OR LESS. SHEET 1 OF 2 ONE IS NOT COMPLETE WITHOUT THE OTHER NOTES: SEE SHEET 2 OF 2 FOR SKETCH 1 DATE OF SKETCH NOVEMBER 05, 2012 2. SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. 3. PUBLIC RECORDS NOT SEARCHED BY R.M BARRINEAU & ASSOCIATES, INC. 4. BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, NAD-63, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 6 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTRY UT AUTHORIZATTON FROM R M. BARRINEAU & ASSOCIATES. INC SURVEYOR'S CERTIFICATION: CERTIFIED TO. I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS 1. CLERMONT RETIREMENT RESIDENCE LLC THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA 2. CELEBRATION CHURCH OF PRAISE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 3. FIRST AMERICAN TITLE INSURANCE COMPANY 5J-17 050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 027, FLORIDA STATUTES *NOW THIS IS NOT A SURVEY! OF R.M 6ARRINEAU&ASSOCIATES, INC. 1. EXHIBIT"C" Nor Imo moor r ir sIONOURE Mo TME°aero"MUD SEN-0 2 A ROa01 uovaira&aeon MT WPM /� R.M. BARRINEAU � D 'WN Ki.PL JOS 11088 + ;'/ (l. ' AND ASSOCIATES REVISED DWG# 11088SK-ADDR_ PROPEI$IONALSURVEYORS&MAPPII3 CHECKED TP8 "r ammo P m,P.K•ON 8.E lab MOM.,mro,.a f,amr MmACCESS EASEMENT \P11088 I 67A71A*FAN(ase assn..NN,1 A.nI. " �\ A \; APPROVED T P B SHEET 1 OF 2 II) 1®„ND IL W>mWI1 PUL.PD WDa9.0Gmsioa ianakPROP11gYM01 •_ GINaAtl1s1 A"DM701l P..M.e1.1i.0 11111 111%1OP MONA PLL 160!1 108v111s IMMO 1waW& r ^ COMM'®Wa&N9ER,2012 • =VON ra MUSH,2J SOUTH,RANGE 28 EAST ytnnnnnnnnn 1 1 U v _otocoNm Ar.wN i.8 VeNyNoek"uivta i i4 11 \q .9„.„,,,,,,.„.„..., .. , , „. ,„ , 88888888888 q s A1\5 4, ,N. q g Vla51:5;i2iit-011 a i. :.. .' t � Tt�la8mkmlbe w riOZIZIZZI 4* IN 4414s"34os' umu8ema-Y1a@ c g 4$ 44 N ��f,4,4�e4. 4i4 dcat.tv% i is IR rf Iof vt?t!se elm �, 0 N 00'39'17T 582 73' 1 9 m .3 I 21.0 S 00'39'17"W 603.53' ••_ • t piQ. 0, 1 N y 0 m, m H IX t4 N d q pp A IN 0 'n x 92 C In i LA ( V In 1 g . •••-I 1 z3Xi 4'41 IF 11161 ai g g to RP vi N .TI g g 00 111 YI PI v dej.. ‘ it 'I U r' s-1 O ego ?tea k _ £IN �x S 1'' g5 jb Z el It NV z 0 i aqr ' $ a4 r ", •�•- 6. 8 U 3.1� ,tg mi �•4 s �•�. H rn S �� y�� tl 4 H s V 11q 4 .9, z .-1-->fa ' L RI5 o 00 A w - `9"b% I" m _� re z EXHIBIT"C' R.M. BARRI N EAU g~RASED K L J Y JO/ #f 1088 88SK-ADDR f i = ----AND ASSOCIATEs -PIC/FISSIONAL EUIYEY01f t MAPP1PP i "--- ((r.O P�.P.O.tl Park•MIS E mle�v,ar 1m.a ER ntai A s m , CHECKED T P 8 ACCESS EASEMENT ft, �`�\./MOMS(U Eno* .PAM(3 atBmn....+.moA..vm. \\ APPROVED T P B SHEET 2 OF 2 ) I maxim)M.IWING4U,P.414 oo.@rrnombMM1orner M4u0t `� "*"17"H ;by"A"Pa li el.'mai P L.I.oP..�PJM.YSI � SCALE 1" = 200' oawrreGNr®AavFareEn. 2012 EXHIBIT"D" GRANTEE UTILITY EASEMENT PARCEL Tracts 33, 34, and 48 West of the Highway, and Tracts 37, 38, 39, 40, 41, 42, 43, 44, 47 and 54 of MONTE VISTA PARK FARMS in Section 5, Township 23 South, Range 26 East, according to the plat thereof recorded In Plat Book 2, Page 27 of the Public Records of Lake County, Florida; and the NW 1/4 of the SE 1/4 of Section 5, Township 23 South, Range 26 East, Lake county, Florida Less and Except: That part of Tract 48 Westerly of State Road 25(U.S. Highway N. 27- Formerly No. 19)of MONTE VISTA PARK FARMS, according to the plat thereof recorded in Plat Book 2, Page 27, Public Records of Lake county, Florida in Section 5,Township 23 South, Range 26 East, lying westerly of the survey line of State Road 25 (aka US. Highway 27), Section 11200 and within a straight line transition of 145 feet at Station 1532+00 to 112 feet at Station 1537+00,said survey line being described and said stations being located as follows: Commence at a point on the East boundary of Section 5, Township 23 South, Range 26 East, located 1300.17 feet Northerly of the southeast corner of said Section 5;thence run South 26°52100" East 28.31 feet to the beginning of this part of said survey line at station 1532+00 thence North 26°52'00"West 500 feet to the end of said survey line at Station 1537+00; according to Deed recorded September 28, 1970 in Book 414, Page 436. Also less and except: parcels conveyed to Lake County, Florida, a political subdivision, identified as SC#RW3 and SC#RW4,described In Deed recorded May 16,2005 in Book 2833, Page 2332. Also less and except the following parcel conveyed to Clermont Retirement Residence LLC and more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS"AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF 'TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N.89°20'43"W., A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°39'17"W., A DISTANCE OF 84.24 FEET;THENCE 5.44°20'43"E., A DISTANCE OF 224.08 FEET;THENCE S.00°39'17"W.,A DISTANCE OF 326.26 FEET; THENCE S.45°39'171W, A DISTANCE OF 117.94 FEET; THENCE N.89°20'43"W., A DISTANCE OF 331.69 FEET; THENCE N.00°39'17"E., A DISTANCE OF 652.35 FEET TO AFORESAID SOUTH BOUNDARY; THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E., A DISTANCE OF 256.64 FEET TO THE POINT OF BEGINNING ORLDOCS 12442932 8 25 • EXHIBIT"E" GRANTEE DRAINAGE EASEMENT PARCEL ORLDOCS 12442932 8 26 SKETCH OF DESCRIPTION FOR EXHIBIT"E' CLERMONT RETIREMENT RESIDENCE LLC TUSCANY VILLAGE - PHASE 1 \ PER PLAT 8O0K 64 PAGES 1J-15 POINTSOUTHEAST CORNER OCOMMBNCEMFNT 13q1 SS TUSCANY VILLAGE - PHASE I r e. N 89 20'4315, 734 45' x ' m .e SOUTH BOUNDARY OF O FE PATASE I OF TUSCANY %-RI.‘'% VA. R'f 'y AND THE S� T� `�N W a NORTH BOUNDARY OF THE S.E 1/1 OF SECTION `F_ 51NA S t S.TOWNSHIP 23 SOUTH RANGE 26 EAST \GG 9t \ . cn hh SOUTHWESTERLY RK:M OF WAY '� 6 LINE OF LLS HIGHWAY NO 27 14 FAST BOUNDARYOF \ ALTERNATE KEYEY38 JB8755B 1 AL?ERNA7E 1LRY 1412153 *NOTE' THIS IS NOTA SURVEY! no ALTERNARB KEY . 8888569 POINT OF BEGINNING64. � � 60� CERTIFIED TO. 1 CLERMONT RETIREMENT RESIDENCE LLC �' � 2 CELEBRATION CHURCH OF PRAISE DESCRIPTION 3. FIRST AMERICAN TITLE INSURANCE COMPANY DRAINAGE EASEMENT#4. A PARCEL OF LAND LYING IN THE S.E. 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH. RANGE 28 EAST, LAKE COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE S.E CORNER OF "TUSCANY VILLAGE - PHASE 1"AS RECORDED IN PLAT BOOK 84, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTYY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT Of WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES), THENCE ALONG THE SOUTH BOUNDARY OF SAID "TUSCANY VILLAGE- PHASE 1"AND THE NORTH BOUNDARY OF THE S.E 1/4 OF SAID SECTION 5, N.89'20'43'W, A DISTANCE OF 734 45 FEET, THENCE DEPARTING SAID BOUNDARY LINE, 5.01739'171Y, A DISTANCE OF 84.24 FEET. THENCE 5.44.20'43'., A DISTANCE OF 12316 FEET 717 THE POINT OF BEGINNING THENCE N.5414 26 E, A DISTANCE OF 71 26 FEET, THENCE S.35'12'34"E. A DISTANCE OF 2000 FEET, THENCE S.54 54'261Y. A DISTANCE OF 68.04 FEET, ]HENCE N.44'20'43'W, A DISTANCE OF 20 26 FEET TO THE POINT OF BEGINNING CONTAINING 003 ACRES, MORE OR LESS N 1. DATE OF SKETCH OCTOBER 30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD 3 PUBLIC RECORDS NOT SEARCHED BY I?M BARRINEALI h ASSOCIATES, INC 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM. NA0-83, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PRONIBRED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 6 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARIY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED CR RELIED UPON BY ANY OTHER INOMDUAL OR ENTITY WITHOUT AUTHORIZATION FROM RM BARRINEAU & ASSOCIATES, INC. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER LEGEND. 5J-17050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO —0- a BROKEN LINE, NOT DRAWN TO SCALE SECTION 472 027, FLORIDA STATUTES O.R a OFFICIAL RECORDS OF LAKE COUNTY OF R.:17: &ASSOOWTES INC. EXHIBIT"E" , THF THE orwat4L R.M. BARRINEAUdaDRAN DWG T 1�oL38SK—DDDR �o' AND ASSOCIATES �/ ;PROFEfSIONAS SURVEYORS i MAPPERS ,� z. � �a.a�r .�w ,>mo&� CHECKED T P B DRAINAGE EASEMENT 4 t .C�.PHONE T 5 Amiss•PAX LSA IARy7t.w"sm"1bW,s. _ APPROVED T P B "_` ` Hawn PAUL.it IkARKIKVA SHEET 1 OF 1 WORRY�,,aim ^SCALE 1" = 40' ^ COPYRIGHT®NOVEMBER,2012 EXHIBIT"F" GRANTEE SEWER UTILITY EASEMENT PARCEL ORLDOCS 12442932 8 27 i SECTION S.TORNSNIP 23 SOUTH,RANCE 29 EAST rn N i`S+N"z rgNEP M3,7„401id:Ir* I . IgIatg O xvmp0� .lo tarp 1'0reil _,„....1 c g p 2 x'e. -A,:,2Ao1,1 4 1 e . /44 ON AaRaq Vtn N Z A W , E W gmg" pm...7i:). a,a4:291 R- 4.0 ki I i 1g4 P 8 4- ') 0.6" rq e- 4 1Watla$Ag R14 2* K8481:28 41 pp, 1_ 1 11 ! Ill vig mg";4:34A0-1 e 0 § 1 0 e, 4 0, 0, V;I:8 ,-10- c01 3h 1004gli INU pi R P n 1 9 •-• - on / A, ,1 1gm��,1 1 o i 4 t . ,A .4 M NORVI' 1 1 i NC0bbEl , R§14 2 : 6 $ o T l d g g 111 gf Xe R M;c Y.q � Ti g n ��+ ,,E0 q N ^ Mg d ii t a 0 :,‘;:::: , 1 ri,' Vor§ 4 k 0 ! i VI g a R i 1 Fi > - P16"19 111 R 141 gn I lit M EXHIBIT"r i - ;; R M. BARRTNEAU a�-W N KLJ vDWG 11088 088SK-ADDR ` lD- AND ASSOCIA ESEv •,' ROPU$IONAl3URYFTORE I MAPPERS CHECKED T P B (1;.-('„,....P nmrmm P1r7.uoe ae san L Bub 1m.0u0�ilnnron NM SEWER EASE OFFSITE mm6 teed 0224132.r"I2�2almrl..w'''.6.2 (� APPROVED T P B SHEET 1 OF 1 1 I120�WOa 4 U )RAY.PdM,7013 (1.67fiT ,I.Ma110)WD1a1 iI OI .:..,. - 171pp1.0U 61(NT O NalWN" aw SCALE = i Oo' comma 2012 .. EXHIBIT"G" GRANTEE SIGN EASEMENT PARCELS ORLDOCS 12442932 8 28 SKETCH OF DESCRIPTION FOSS EXHIBIT"G" CLERMONT RETIREMENT RESIDENCE LLC POINT OP COMMSNCRYENT 7� ► TUSCANY VN,INE-Pi6tEE i SPVIHEAST CORNER OF THE PUT OF a PER PUT BOOK 64,PAGES 13-19 TUSCANY VILLAGE-PHASE 1 OT "kgs 00 N8670.4316 1404 69 SoO'3917'N SOUTH BOtWDARY OF THE PUT OF1%11,� 20.24' Tt$GWY WLUGE- PHASE 1 POlN9 or BSCINamvc AND THE �oOFTHE SE1/4 ,,,, ilk, 558"S7'03'EMINCE W2E23 N pit= NOTTINGHAM AT 5.00' ��+PER L T ROOK 57.GENDS' SOUTHWESTERLY RIGHT OF WAY LINEPACES 5-9a>. FASEiJD11T/2 EAST BOUNDARY OF N W 7/4 OF THE NO7NOMW AT S.E I/4 OF SECTION 5 (EGENDS DESCRIPTION SIGN EASEMENT 112 A PARCEL OF LAND LYING IN THE N W 1/4 OF THE S L:. 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, AND A PORTION OF TRACT 'E" OF 'NOTTINGHAM AT LEGENDS'AS RECORDED IN PLAT BOOK 57, PAGES 5 THROUGH 9 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE S E CORNER OF "TUSCANY VILLAGE - PHASE 1"AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG THE SOUTH BOUNDARY OF SAID TUSCANY VILLAGE - PHASE 1"AND THE NORTH BOUNDARY OF THE S.E. 1/4 OF SAID SECTION 5, N 89'20'43'W, A DISTANCE OF 1404.69 FEET: THENCE DEPARTING SAID BOUNDARY LINE, S 00 39'17"W, A DISTANCE OF 20.24 FEET TO THE POINT OF BEGINNING THENCE S 56'51'03"E, A DISTANCE OF 5 00 FEET, THENCE 5.33'0857"W, A DISTANCE OF 15 00 FEET, THENCE N 56 57'O3"W, A DISTANCE OF 5 00 FEET, THENCE N 33'08'57T, A DISTANCE OF 15 DO FEET TO THE POINT OF BEGINNING. CONTAINING 0 002 ACRES, MORE OR LESS NOTES. 1 DATE OF SKETCH OCTOBER .30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD .3 PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU & ASSOCIATES. INC 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM. NAD-83, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM R.M BARRINEAU & ASSOCIATES, INC CERTIFIED TO 1 CLERMONT RETIREMENT RESIDENCE LLC 2 CELEBRATION CHURCH OF PRAISE NOTE THIS IS NOT A SURVEY' .3 FIRST AMERICAN TIRE INSURANCE COMPANY SURVEYORS CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS 111E MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA LEGEND BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO —0 o BROKEN UNE. NOT DRAWN TO SCALE SECTION 472 027, FLORIDA STATUTES. OR ao OFFICIAL RECORDS OF LAKE COUNTY OF R W BARR:NEW&ASSOCIATES. INC EXHIBIT"G" NOT WOO BMW VIE MOIRE ANTI THE OMG M RAISED SCA.OF A MORIN LICENSED SURVEYOR AIM WPM R.M. BARRINEAU Y DRAWN K U J joi 08S 10 AND ASSOCIATES REVISED DWG# 188SK-DDDR ISOFESIIONAI SURVEYORS a MAPPERS CHECKED T P B /-.1 , `,<.P, a tma1��.AX r}CE11 '"" SIGN EASEMENT 2 I O`1APPROVED T P 8 SHEET 1 OF 1 I 1 ABgGWO".MAIBBNI.P.ULPMWDW.m„PMTICIMPER6RiCN,BA"ABI I MM IOtOINLI L W PIDMI PA .O./ALUM/.1BP MMIIALLPAM UN" ^ SCALE 1. = 20' A COPYRIGHT t©NOYEI�ER 2012 , YNOII,IY NFAN PfIBS - ` • SKETCH OF DESCRIPTION FOR• EXHIBIT"G" CLERMONT RETIREMENT RESIDENCE LLC POINT OF COMMXNCSYB'NT • SOUTHEAST"CORNER Of THE PLAT Of TUSCAOYVILLAGE- RECORDED PIATROOKIIN• -.:nom �,, , giL � SOUTHWESTERLY Noir or NAY i TH • R y" �i 5,LATE or US HOMY N0,27 a ��� ALTERNATE XBY 1412153 �Yr POINT OF W S87L14 02 E BZGINMNG • SKIN EASEMENT#1 N8704'02"W 43 or LOT 34 MONTE VISTA PARK FARMS" PER PLAT BOOK 2 PAGES 27 DESCRIPTION SIGN EASEMENT V1 A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, ALSO BEING A PORTION OF LOT 34 OF "MONTE VISTA PARK FARMS"AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE S E CORNER OF "TUSCANY VILLAGE — PHASE 1' AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF' WAY LINE OF U.S HIGHWAY NO. 27 (RIGHT OF WAY WIDTH VARIES), THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, S 24'48'56'x, A DISTANCE OF 40 33 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, S 24'48'56"E A DISTANCE OF 11.30 FEET, THENCE DEPARTING SAID RIGHT OF WAY LINE, N 87'04'02'W, w A DISTANCE OF 43 07 FEET, THENCE N.02'55'5B'E, A DISTANCE OF 10 00 FEET, THENCE S 8704'02%, A DISTANCE OF 37.81 FEET TD THE POINT OF BEGINNING CONTAINING 0.01 ACRES, MORE OR LESS. NOTES. 1 DATE OF' SKETCH. OCTOBER 30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD 3 PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU & ASSOCIATES, INC 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM. NAD-83, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 6 THIS SKETCH HAS BEEN PREPARED FOR THE OCCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDMDUAL OR ENTITY WITHOUT AUTHORIZATION FROM R M BARRINEAU & ASSOCIATES, INC CERTIFIED TO• 1 CLERMONT RETIREMENT RESIDENCE LLC MOTE* THIS IS NOT A SURVEY! 2 CELEBRATION CHURCH OF PRAISE 3 FIRST AMERICAN TITLE INSURANCE COMPANY SURVEYOR'S CERTIFICATION' I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5.1-17050-052. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 027, FLORIDA STATUTES OF RN BARRINEAU*ASSOCIATES, INC. EXHIBIT"G" NOT Hum WITHOUT T E SIGETtmE AVO THE H>r>T100.AWED RAL OF A nam WOMB SIAARTOR AND WPM R.M. BARRINEAU DRAWN KU J JO/ 1 11088 AND ASSOCIATES PROPESSIONAI SURVEYORS I MAPPERS CHECKED T P 8 (( `0. n M.IPRIMI40. rmoee .,a .g. wmmem HaiSIGN EASEMENT 1 � He .aa ..FAX(ea etum7,.wwmek a ", ,n® 1 •, ar (z71 n APPROVED T P 8 SHEET 1 OF 1 1-MOULD k..rima.avau,w,waA.oeA,saYEvwmaneA,p�wII I I ,mio MMUS W= wA4uaa.na+.rw.mew,wles" ^ SCALE 1` = 20' COPYRIGHT®NOMMEN,2012 EXHIBIT"H" GRANTOR SEWER UTILITY EASEMENT PARCEL ORLDOCS 12442932 8 29 SKETCH OF DESCRIPTION FOR. , CLERMONT RETIREMENT RESIDENCE LLC EXHIBIT"H" DESCRIPTION SEWER EASEMENT A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE S E CORNER OF 'TUSCANY VILLAGE -- PHASE 1' AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES), THENCE ALONG THE SOUTH BOUNDARY OF SAID 'TUSCANY VILLAGE — PHASE 1'AND THE NORTH BOUNDARY OF THE LE: 1/4 OF SAID SECTION 5, N 8970'43"W, A DISTANCE OF 734 45 FEET, THENCE DEPARTING SAID BOUNDARY LINE, S 00'.39'17"W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING THENCE S 00'39'17'W., A DISTANCE OF 20 00 FEET; THENCE N 89'20'431Y, A DISTANCE OF 132 29 FEET, THENCE N 86'04'25"W, A DISTANCE OF 79 48 FEET, THENCE S 00'.39'17'W, A DISTANCE OF .38 11 FEET; THENCE S 85'23'02%, A DISTANCE OF 115 51 FEET, THENCE S 28'53'34T, A DISTANCE OF 208 06 FEET, THENCE S 54 19'05"E, A DISTANCE OF 115 95 FEET, THENCE S 02 40'18"E, A DISTANCE OF 172 32 FEET. THENCE S 31'08'00"W, A DISTANCE OF 123.55 FEET, THENCE S 83'32'30"W, A DISTANCE OF 107 10 FEET, THENCE 5.22'49'08"1., A DISTANCE OF 33 99 FEET, THENCE N 89.20'43'W, A DISTANCE OF 21.60 FEET, THENCE N.22 49'08 , A DISTANCE OF 53.86 FEET, THENCE N 8.3".32'30T., A DISTANCE OF 108 97 FEET; THENCE N.31'08'O0E, A DISTANCE OF 107 83 FEET, THENCE N 02'40'18"W• A DISTANCE OF 156 57 FEET, THENCE N 54'19'05'W, A DISTANCE OF 110 78 FEET, THENCE N 28'53'34"W, A DISTANCE OF 201 82 FEET; THENCE N 85'23'02"W, A DISTANCE OF 123 43 FEET, THENCE N 00'39'17', A DISTANCE OF 53.55 FEET, THENCE S 68'13'14"W, A DISTANCE OF 27 05 FEET, THENCE N.0(739'17"E, A DISTANCE OF 21 64 FEET, THENCE N 68'13'14"E., A DISTANCE OF 33 41 FEET; THENCE S.86'04'25 E., A DISTANCE OF 94 19 FEET, THENCE S 89'20'4.3T, A DISTANCE OF 131 72 FEET TO THE POINT OF BEGINNING. CONTAINING 054 ACRES, MORE OR LESS. SHEET 1 OF 2 ONE IS NOT COMPLETE WITHOUT THE OTHER SEE SHEET 2 OF 2 FOR SKETCH CERTIFIED TO I CLERMONT RETIREMENT RESIDENCE LLC 2. CELEBRATION CHURCH OF PRAISE 3. FIRST AMERICAN TITLE INSURANCE COMPANY NOTES I DATE OF SKETCH: OCTOBER 30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS. EASEMENTS AND RESERVATIONS OF RECORD 3. PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU &ASSOCIATES. INC. 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, NAD-83, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 8 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PAR1Y(IES) NAMED HEREON. AND SHALL MOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR WITTY WITHOUT AUTHORIZATION FROM R M BARRINEAU dr ASSOCIATES. INC SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON METS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA •NOTE• THIS IS NOT A SURVEY) BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5.1-17 050-052, FLORIDA ADMINISTRATIVE CODE; PURSUANT TO SECTION 472 027, FLORIDA STATUTES. OF R M BARWNEAU*ASSOCIATE$ INC. EXHIBIT"H" nor wan amour 1NE mONATURc AND THE aRN.w mvsm MU Of A MINK elCfls D aWmoR Am WPM R.M. BARRINEAU da DRAWN KLJ "J O, 11088 ` i'/' (k.--",".--' ....ANDASSOCIATES REVISED DWG# 11088SK—ADDR ,'I -- �-PIOPIISIONAL$UEVflOIS I MAPPENS — CHECKED T P B r ��o.ew.,Pim..mrPun.,,,Pea„a„ow.,..wo.o,.. „m SEWER EASEMENT I( �i—-, l /1.7M(I Qe .MX Mil M. \� APPROVED T P 8 SHEET 1 OF 2 1•'• • M0"-*IL J. •n•• PP OIA 1.:061• lfOigRICI1W�7W.0Mr _ 1 000,ranw,tODRI,rutiosx uraa.vw"r.�n�".iu ur" SCALE 1" = 100' Ltofiwcnr®NOVEMBER,2012 "ucRrranoma"�wue SKETCH OF DESCRIPTION FOR, CLERMONT RETIREMENT RESIDENCE LLC EXHIBIT"H" \ \ \\ G �w BLOCK a1 ' 6c � �' Vii P01142'OF COMMENCEMENT ,'� t SOUTHEAST CORNER OF TME PIAT OP \v s. NOO'39'I7 T 21 64' TUSCANY MACE-PHASE 1 TUSCANY MADE- PHASE 1 \ 0 N66'1J'14T 33.41' PLAT ODOR M P115ES 13-15 58r0425T 94.19' r IL8920 431Y% 734 45 s6930 4J E 131.TY 53573517.11' Yaoo j so '(•,, POINT OP Amman 1j \ 79 132 Spun+eVUNGRY OF_THE W aT of \ S00'39.17'W_39.f f' S00 J9'I7'W Yn - I S852J13:157,313.17321.29 20.00' AND THE \ f1Rs1' NORTH B. T0r 45 THE SL I/4 Cir ., SECTAOW 5. TONNSwP 23 SOU1f1,RANGE 26 123.43' EAST AMOUR'f 7T 15.1.05. "'GGG���SB8'13 f4 1P 270Ei' ?4 � soUNE FlaY aRIT cHOF 7uriV \ UTH OF U.S.. H 27 Yrs N. 04 5 ) WEST BOUNDARY ��e ALTERNATE REY 8Ol59 '�k ALTERNATE lEEY 1418169 r ALTERNATE ICE? 9888668Ctr. Iq LOT 34 mMONTE VISTA PARK FARMS' PER PLAT BOOK 2, PACES 27 N8S10�0, <121VI);17.1 jr-481720.4312 21 BD' 222•4212212 80UBOUNDARY OF �. SCUM ALTERNATE KEY 3883569 1 NOTE THIS IS NOT A SURVEY! SEE SHEET 1 OF 2 FOR DESCRIPTION,NOTES 8 SURVEYOR'S CERTIFICATION SHEET 2 OF 2 LEGEND: ONE IS NOT COMPLETE WITHOUT THE OTHER --0_ - BROKEN UNC NOT DRAWN TO SCALE EXHIBIT"H" 0R - OFFICIAL RECORDS OF LAKE COUNTY R.M. BARRI N EAU V DRAWN KU J vJ O j 11088 J' REVISED DWG 11088SK-ADDR /'/ PROFESSIONALSURVETORSIMAPPENS �.JI ,(I am""nca mono P.a•13098 a 113L.w�mib t0.OuK uam414aY CHECKED T P B SEWER EASEMENT + ( O `\Pn"la"112-3114 e it to 14 ,, . )4774• "D9o1"wnm.. APPROVED T P B SHEET 2 OF 2 `� .m� 787auaa,wlfa "" 1 Ka ua a. r�w..�P@ wwume..ower arnaruurilL N u::s" ^ SCALE 1" = 100^ COPm1o'r®IKNEMBER.2012 EXHIBIT"I" GRANTOR DRAINAGE EASEMENT PARCEL ORLDOCS 12442932 8 30 , u, "q_ $Z Z v 8 ii m SECNON A TOMSFOP 23 SOUTH.RANGE SO CAST 91 PIPPRII� � ngSJiympoo' F91I O 2013' Ee O MP" nlp�r ri4 5$ O�C CNH Cor 7� �' � �„ '9 R: I R AAAkIl na m ml * 'g 4 li ITS qIN A :> ;1 !!! r 411 rq '7' 014Pgr-S 11MN W inr1;Ellq 1 1: °IlY+ Ai 0 m�ZoH11anv> c RI IN :• t. k 1'g P1111 mi! ri33141q0 ' h ! ill ').' "0.::;iL.1; 1 4 ,f ii 4 03 n g ' ,w r ;" ao � C m 4 4.21' 1 O z M` 4 2 S 't m x 14 1 u I 4 WOI le i1 : 1 ar ig 1i 111 Is E rr "1 17s2_!A 11 I t 044 N '� co 1 I g bl R lip 2 0 I 1 it 1 C 4 41 i i ig 4 il R8 4 1 e- — 11 $1 ,t! i h _ a $ C N 1 A 2 g M Z 1ni l� _ p 0 � ® 1 g 814. Z 1 10 C i1� ,. ro , c„ , .„ € z / R , 00 0 } 11 1 al h EXHIBIT T v c .;i:' .. _; R.M. A R RAN EAU REVISED DRAWN K L J V DWG IJ!JO i '1088 _ 1 088SK-ADDR �. - /-PROPESSIONAL SURVEYORS 6 MAP►ERS r` x n•1369 Le.EiNh F"‘11611 � ,,,,, CHECKED T P B DRAINAGE EASEMENT 1 ' \) �\,` APPROVED T P13 SHEET 1 OF 1 mwnxnaia o .sx"I".. W1"seA.11. ".''.wo 4 SCALE 1" = 60' A COP) TMT CI NOVEMBER,2012 J • uMmr..om®cononas SKETCH OF DESCRIPTION FOR. EXHIBIT"F' CLERMONT RETIREMENT RESIDENCE LLC POINT OF COMMENCEMENT SOUTHEAST CORNER of t TUSCANY VILLAGE-PEASE I RECORDED W PLAT BOOK 64, PAGES 13-15 N 89 20 4314, 997 09 /. ils SOUTH BOUNDARY OF THE PLAT OF 'D go! TUSCANY VILLAGE-PHASE 1 1 • a as MIO THE Cis �y NORTH BOUNDARY OF THE SE 3/4 OF sttnoN TOWNSHIP 23 SOUTL RANGE 26 EAST VI \N VILESOUO EU S HY RIGHT 33 MAY UNE OF U S HIGHWAY NO 27 \W' 0 I, /4 ALTERNATE KEY 9883669 r. i!'. S"' *NOTE' THIS IS NOT A SURVEY! IA REST BOUNDARY OF ALTERNATE KEY 3833559 €EASEMENT POINT OP BEGINNING !,E' S8970'43"E IGoo' i0 .■ S0019'171Y 10 00' a. CERTIFIED TO: N8920'431W 1 CLERMONT RETIREMENT RESIDENCE LLC 10.00' 2 CELEBRATION CHURCH OF PRAISE DESCRIPTION 3 FIRST AMERICAN TITLE INSURANCE COMPANY DRAINAGE EASEMENT#2, A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, TIKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SE CORNER OF 'TUSCANY VILLAGE — PHASE 1'AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA..SAID PONT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG THE SOUTH BOUNDARY OF SAID 'TUSCANY VTLAGE — PHASE 1'AND THE NORTH BOUNDARY OF THE SE. 1/4 OF SAID SECTION 5, N 89'20'43'W. A DISTANCE OF' 991 09 FEET, THENCE DEPARTING SAID BOUNDARY UNE, S,00'39'17W, A DISTANCE OF 283,70 FEET TO THE POINT OF BEGINNING THENCE 58920'43"3, A INSTANCE OF 10.00 FEET; THENCE S OO'39'17'W, A DISTANCE OF' 10.00 FEET, THENCE N 89•20431 V, A DISTANCE OF 1000 FEET, THENCE N 0O'39'17T A DISTANCE OF 1000 FEET TO THE POINT OF BEGINNING CONTAINING 0.002 ACRES, MORE OR LESS NOTES. 1 DATE OF SKETCH. OCTOBER 30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. 3. PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU &ASSOCIATES. INC 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, N4D-83, 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS 70 MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES , 6 THIS SKETCH MS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM R M BARRINEAU & ASSOCIATES, INC SURVEYOR'S CERTIFICATION. I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA LEGEND' BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 050-052, FLORIDA ADMINISTRATIVE CODE PURSUANT TO —VI-- a BROKEN UNE, NOT DRAWN 7O SCALE SECTION 472 027, FLORIDA STATUTES. O.R B. OFFICIAL RECORDS OF LAKE COUNTY ,�1 OF Rall BARRINFAU s ASSOCUTES, INC EXHIBIT I' NOT 7. -�.�TfWE A!m,i OPoOPpL .-A ,• il.!.. .':..i.�.:ARDJ 8 R.M. BARRINEAU REVISED J(LJDWG1f0f08L3SK—MOOR cQ AND ASSOCIATES, - PROFESSIONALBUEYET0PsaMi.e./L.2_ PPERSCHECKED TPB—` (r 0eltimft Ror..bnBl w/.17®8.6 7013 LB30,� lw,am.FlL7tmAMel DRAINAGE EASEMENT 2 PHO=(ISo 07}]13).MK(1843®7I/1.wmlu......nI\. 1 �\\ APPROVED T P B SHEET 1 OF 1 1RWMDY.WONLRq PLRf01D 3 5PWA13ttINUA1f•IBw I OBBBiDPImRJ.Bd1mILPJI�NY.u3�.ROIBP MN.IWMY u0� SCALE 1" — 40' COPYRIGHT®NO.EMBER.2032 YPIDIBHT BImKRB O11uN31i SKETCH OF DESCRIPTION FOR. , CLERMONT RETIREMENT RESIDENCE LLC EXHIBIT"r DESCRIPTION: DRAINAGE EASEMENT 03: A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE S E CORNER OF "TUSCANY VILLAGE — PHASE 1"AS RECORDED IN PLAT BOOK 84, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY UNE OF U S. HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES), THENCE ALONG THE SOUTH BOUNDARY OF SAID "TUSCANY VILLAGE — PHASE 1"AND THE NORTH BOUNDARY OF THE S E 1/4 OF SAID SECTION 5, N 89'20'431V, A DISTANCE OF 734.45 FEET, THENCE DEPARTING SAID BOUNDARY LINE, S 00'39'1711, A DISTANCE OF 84 24 FEET; THENCE S 44'20'43"E., A DISTANCE OF 224 08 FEET, THENCE S 00'39'17,1, A DISTANCE OF' 269 28 FEET TO THE POINT OF BEGINNING THENCE CONTINUE S 00'39'171V, A DISTANCE OF 56 98 FEET, THENCE S.45'39'1714/, A DISTANCE OF 117 94 FEET, THENCE N 89'20'431V., A DISTANCE OF 129.41 FEET, THENCE N 00'28'24"E, A DISTANCE OF 9 96 FEET, THENCE S,89'2043"E, A DISTANCE OF 135.86 FEET, THENCE N 45'.3917"E, A DISTANCE OF 105 26 FEET, THENCE N.0O'00'2511., A DISTANCE OF 55 99 FEET, THENCE S 89"20"4.3"E, A DISTANCE OF 3.19 FEET TO THE POINT OF BEGINNING. CONTAINING 004 ACRES, MORE 01? LESS SHEET 1 OF 2 ONE IS NOT COMPLETE WITHOUT THE OTHER SEE SHEET 2 OF 2 FOR SKETCH NOTES' 1 DATE OF SKETCH OCTOBER 30, 2012 2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD 3. PUBLIC RECORDS NOT SEARCHED BY R M, BARRINEAU & ASSOCIATES, INC 4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, NAD-83. 2007 ADJUSTMENT 5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 6. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM R M. BARRINEAU & ASSOCIATES, INC. NOTE THIS IS NOT A SURVEVI CERTIFIED TO: 1 CLERMONT RETIREMENT RESIDENCE LLC 2 CELEBRATION CHURCH OF PRAISE 3 FIRST AMERICAN TITLE INSURANCE COMPANY SURVEYOR'S CERT1FICATION: I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 050-052. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 027, FLORIDA STATUTES OF RM. BARRINEAU&ASSOCIATES, INC. EXHIBIT''1" HOT wuwD wmlour HIE araRmwE ARO TME GROWL ROOM Sar OF A FLAVOR UCERSED SURVEYOR ME DAPPER R.M. BARRINEAU DRAWN KLJ JO/ 11088 '" iO-\ .—AND ASSOCIATES REVISED DWG/ 11088SK—ADDR (CPROFESSIONAL SUIVIIORS&MAPPERS --D„m,,,,+w..ro„yl Put,1%O&L 2sr,,mo a,d mrod.FL N4rt CHECKED T P B DRAINAGE EASEMENT 3 �l \\,"w"(5 112241 .FAX( xaam....'�r�,m., APPROVED T P B Is 1 1`UOU i,.wuwuu.PAM.. ma.csmanvwaaaaro+xou� SHEET 1 OF 1 �.__ I ovvroOPRIR J.WARN PAW CIJL LA.Y1*V M P WARM 4FAIL LAW imamimamsalR.wacs coprR+cxr®MNflRF]F,2012 r . SKETCH OP DESCRIPTION FOR CLERMONT RETIREMENT RESIDENCE LLC \ EXHIBIT 1" POINT OF COMME'NCE'MENT TUSCANY 1M.IACE- PHASE I SOUTHEAST CORNER OF a �., PER PLAT 800E 64 PACES 13-15 TUSCANY VD1ACE - PHASE 1 ,0 `IS a A el N N 89 20 431Y%734 45 S'j Il- tV$6 SOUTH BOUNDARY OF THE PLAT OF TUSCANY N& °p VILLAGE - PHASE I AND THEQ` , NORTH BOUNDARY OF THE SE 1/4 OF SECTION \. `^' a S TOWNSHIP 23 SOUTH, RANGE 26 EAST in SOUTHWESTERLY RIGHT OF WAY LINE OF U S. HIGHWAY NO 27 1 hi :1,,Q `\ Ats n aAr. RP ALTERNATE' IfE'T 1412168 K EAST BOUNDARY OF ALTERNATE KEY 3883559 S: zoil ALTERNATE KEY nN 3883559 A In *NOTE* THIS IS NOT A SURVEY! POINT OF BEGINNING S69.20.43.E 3 iB' 3 ; ...‘11D f J DRNNAGE FASEMENT �3 ,,�F,,�,� // /r 1J00'28'24E �� .y9, / LEGEND' 9 s6' / ooraefflanlenume 58970'4.3E 135.88' y// —� a BROlfEN LRT$ NOT DRAWN TO SCALE / QR o OFFICdLL RECORDS OF IAWE COUNTY N89 20'43'W 129 411 / SOUTH BOUNDARY OF `- ALTERNATE'•KEY 3883559 SHEET 2 OF 2 ONE IS NOT COMPLETE WITHOUT THE OTHER SEE SHEET 1 OF 2 FOR DESCRIPTION,NOTES&SURVEYOR'S CERTIFICATION EXHIBIT"I" ,- R.M. BARRINEAU Y MWN KLJ DwG�11�088SK—ADDR t -; __..AND ASSOCIATES `--, --PRO1EISIONA1 SURVIVORS R MAPPERS 155.0.1%FLOROM nal CHECKED T P 8 DRAINAGE EASEMENT 3 ill ! / ; N P"oGomm mIsmnisiNAXtwsaSTN• � ' JI \(:3'.I . \I IL WWI MU PAY.lom t.commacoAma 11�IInlagl APPROVED 7 P B SHEET 2 OF 2 it I'gOtlWaICIIL NA1�11.PW-O/JL1Ab1/,SN1AP9YN0MNUL Li/ SCALE 1. = 50' a COP IVGYIT®No45M R 2012 7 YNdOry N4GIBlOIIPAIm APPROVAL OF CLOSING STATEMENT, Seller and Buyer hereby acknowledge that they have each read and approved the foregoing Closing Statement, and agree that it accurately reflects the substance of the financial aspects of the transaction contemplated by the Governing Contract and hereby approve and direct the Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth In the case of estimated closing costs and expenses directed to be paid, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate Except for the real estate brokerage fees referred to in this Closing Statement, Buyer and Seller each hereby agree to save and hold the other harmless from and against and to indemnify the other for any and all claims, costs, expenses, liabilities or obligations to any other broker, finder or other party with respect to any other brokerage commission, fee or other similar payment claimed by, through, under or on account of or resulting from the actions of such party with respect to the purchase and sale transaction contemplated in the Governing Contract Buyer and Seller acknowledge that the amount of the Balance Due from Buyer, as reflected in the Summary of this Closing Statement, shall be bankwired by Buyer to Closing Agent c/o WELLS FARGO BANK, 420 Montgomery St, San Francisco, CA 94104, ABA routing number 121000248, for deposit to Lowndes, Drosdick, Doster, Kantor & Reed, P A , Trust Account #2579467503, Attention of Gary Soles & Andrew Gluck (0046461/156448) on or before the Date of Closing and shall be held by Closing Agent subject to the conditions hereinafter set forth Seller authorizes and directs Closing Agent to deliver directly to Seller the amount of the Net Cash Due to Seller as reflected in the Summary of this Closing Statement "SELLER" "BUYER" CENTENNIAL BANK CITY OF CLERMONT B �..__.% �, By .% N. �1� D��4 Name rt. I l� e Title r I ri Title I � -c.c. 0046461\156448\1538181v1 5 UNDERTAKING OF CLOSING AGENT Closing Agent hereby agrees with Buyer and Seller to undertake its duties as Closing Agent for the subject transaction, to fully abide by and comply with the within and foregoing Instructions of Buyer and Seller, and to disburse the proceeds of the subject transaction in the manner, to the persons, in the amounts and at the times hereinabove specified in the within and foregoing Closing Statement LOWNDES, DROSDICK, DOSTER, KANTOR&REED, PROFESSIONAL ASSOCIATION 0046461\156448\1538181v1 6 Denise Noak From: Denise Noak Sent: Thursday, June 19, 2014 12.51 PM To: Denise Noak Subject: FW Release of easement! WO 173888 Attachments: image001.jpg, ATT00001 htm, Mariony Aurele.vcf;ATT00002 htm, Church of God Partial Release of easement.pdf, ATT00003 htm From: James Kinzler Sent: Wednesday, February 05, 2014 7:59 AM To: Tracy Ackroyd; Denise Noak Cc: Scott Blankenship Subject: FW: Release of easement! WO 173888 Please put in laser fiche for our archives Thank you. James Kinzler, CPM , EA Director of Environmental Services City of Clermont 3335 Hancock Road, Clermont, FL 34711 (352)241-0178 From: Scott Blankenship Sent: Wednesday, February 05, 2014 7:31 AM To: Stoney Brunson; James Kinzler; Terry Dykehouse Cc: Cheryl Sutherland Subject: Fwd: Release of easement! WO 173888 Fyi Sent from my iPhone Begin forwarded message: From: "H.P. Anderson Jr." <hpandersonjr(a,celebrationofpraise.net> To: "Aurele, Mariony" <mariony.aurele(a,secoenergy.com> Cc: "Scott Blankenship" <sblankenship(a,clermontfl.org>, "Chris Dutruch" <pastorchris(acelebrationofpraise.net>, "Dan Heard" <dheard@celebrationofpraise.net> Subject: Fwd: Release of easement! WO 173888 Ms. Mariony, thank you for sharing the information; however, all future correspondence should be forwarded to Scott Blankenship with the City of Clermont. The City of Clermont currently owns the property at 3700 US Hwy 27. Mr. Blankenship has been copied on this email. God Bless You! Forwarded message 1 From: Aurele, Mariony <mariony.aurele a,secoenergy.com<mailto:mariony.aurele(a,secoenergy.com>> Date: Tue, Feb 4, 2014 at 10:22 AM Subject: Release of easement! WO 173888 To: "H.P. Anderson Jr." <hpandersonj r@celebrationofpraise.net<mailto:hpandersonj r@a,celebrationofpraise.net>> Dear Pastor Anderson, I wanted to let you know that SECO has released the blanket easement and kept only the easement around its facilities. The easements has been recorded with Lake County. Please see attached document! Best regards, [Mariony Aurele] H. P. Anderson Jr., Associate Pastor Celebration of Praise 3700 US HWY 27 Clermont, FL 34711 office: 352-394-2855 fax: 352-394-4990 2 THIS INSTRUMENT PREPARED BY/RETURN TO Roxanne Mastrantonio P 0 Box301 Sumterville,FL 33585-0301 Section 5 Township 23S Range 26E Parcel ID/Alternate Key Number. 1412153 PARTIAL RELEASE OF EASEMENT WHEREAS, by instrument dated June 27"', 2013, Church of God, an unincorporated association a/k/a Celebration of Praise Church of God, did grant and convey unto SUMTER ELECTRIC COOPERATIVE, INC., whose address is Post Office Box 301, Sumterville, Florida 33585-0301, a right-of-way easement subsequently recorded on July 19"'.2013, in O.R. Book 4374, at Page 1997, of the Public Records of Lake County, Florida, covenng the following described lands to wit: See attached Exhibit A and WHEREAS, SUMTER ELECTRIC COOPERATIVE, INC. hereinafter referred to as "SECO", has been requested to release the property described below from the right-of-way easement,and SECO is willing to release said portion; NOW,THEREFORE,WITNESSETH,that SECO,for and in consideration of the sum of One Dollar and other good and valuable considerations, receipt of which is hereby acknowledged,has released and discharged and by these presents does release and discharge all of the right,title,interest,claim and demand which said SECO has under and by virtue of the above-described easement in and to,but only in and to,the following-described land In Lake County,Florida,to wit All land in Exhibit A less and except that area described in Exhibit B and less and except the South 15 feet and less and except the north 100 feet of the west 50 feet of the described parcel. Provided,always,nevertheless,that nothing herein contained shall in anyway or manner impair,alter or diminish the rights,purpose,effect,encumbrance or provisions of the aforesaid easement on that portion of the remaining lands first above described and not hereby being released there from. SUMTER E TRICC COOPERATIVE,INC. ayfy.'Gick,President By ;Fes Holtz, a (Corporate seal) STATE OF FLORIDA COUNTY OF Sumter The foregoing instrument was acknowledged before me this 11.0 day of ake,20 1.3,by Ray F.Vick,the President of Sumter Electric Cooperative,Inc•on behalf of the corporation for the purposes expressed within,who is personally known to me and who did not take an oath. — U (�LOLO -J Notary Public-State offFrt Flonda `, , NORABROWN Print Name N Of-- E1 OLOIV : Commission#DD 94V75 Expires`=4'.; �r��&gin My Commission Expires Commission Number 94a-175 G;\Land Rights\Easements\Releases\Partial Release of Easement EXHIBIT"A" To that certain PERPETUAL UTILITY EASEMENT Between Church of God,an unincorporated association A/K/A Celebration of Praise Church of God, GRANTOR And Sumter Electric Cooperative,Inc.GRANTEE NW 1/4 OF SE �'A of SECTION 5 TOWNSHIP 23S RANGE 26E --LESS BEG AT NW COR OF SE 1/4 RUN S89-21-13 E 472.11 FT, S 0-38-47 W 1326.99 FT TO N BOUNDARYLINE OF BEACON RIDGE AT LEGENDS PHASE III, N 89-19-34 W TO WLINE OF SE 1/4, N ALONG SAID W LINE OF SE 1/4 TO POB & LESSFROM SE COR OF TUSANY VILLAGE PHASE I RUN N 89-20-43 W 734.45 FT FOR POB, RUN S O 39 17 W 84.24 FT, S 44-20-43 E 224.08 FT, S 0-39-17 W 326.26 FT, S 45-39-17 W 117.94 FT, N 89-20-43 W 331.69 FT, N 0-39-17 E 652.35 FT, S 89-20-43 E 256.64 FT TO POB -ORB 2173 PG 260 264 ' . . i:I: 4 e'-4.1 1 P -..:' *:‘\\ ." ' , -4. • .. ' '..,1't L.::...y-:-:1 :/ . 'Fir4tit n y k , ;JV s 4.. _ .\- ge �. 4...'' ,,,,„ N ""-°tea ;ate„. fit. •t\ !t'Ra �d.. ..1 r.I • 1 t 1 A e.K Via 41 l' 16 " d` ALT KEY: 1412153 • ': ` * .. . /.**. Page 1 of 1 Exhibit B DESCRIPTION AND SKETCH FOR N SUMTER ELECTRIC COOPERATIVE, INC. N8920'4514 LA 724 45' C�. NE CORNER OF LANDS 425ss AGE ewe 995 PdNr ar mvmvrsvnrr "4,2":- .1-11-.j SE CORMS"OF 1usL"wY % , ,� HLLAGE-PHASE 1 PLA ` N Ps'*N BOOR 64 PACCS 1,-16 t 6 BOUNDARY \ C' O RISCANY aLLArS HASEI % 9 d g . EA5IDK r v lO IN OR BOOK 625$ r '4 PACE 999 I R wawa LINE TABLE 54‘I.! LINE LENGTH BEARING X78 „��41.rw L1 52.97 S21'03'35"E 191 27. L2 8.50 S01'27'16"E \ L3 29.29 S12'35'16°E L4 10.29 S39'58'24°E v L5 19.34 S71'39'25"E r` r L6 10.12 N30'44'22"E O.) N�o. L7 25.16 S59'45'29°E L8 26.31 S31'05'42°W ? \ i L9 18.95 N59'34'46°W 'D.78 % o p L10 27.16 S80'47'02'W '3' 4. - \a co 03:co o L11 10.00 S00'40'02°W R, "8,4-- L12 23.52 N80'47'02°E i ` � °a',7F7BCp1,,,a L13 16.41 N71'39'25°W AELECTRIC cam L14 15.57 N39'58'24°W s: ,g z L15 30.91 N12'35'16°W ' WA rn \o, L16 8.38 N01'27'16"W cnta w°i L17 55.22 N21'03'35"W `t$ _\\ -rn L18 10.76 S89'20'43°E 1 L1- L 1 <j.0 N76,10�7"E L12 'G s��PD 9x, CSivatiuED ON WELT 2 -f 13 ' "W 47 - 5767 SHEET 1 OF 3 A.M. GAUDET & ASSOCIATES INC. Job No 13036 Drawing No:13036 Scale. 1-=60' P O BOX 4073 SURVEYING ELLEVIEW!AND 34421 Drown by JAD Approved by: AMG 4709 PHONE 1(52) 245 PLACE,708� 3 e�AX(352)245-2883 20 Dote Finished Office: 10/18/13 Field 10/17/13 Exhibit B CYAVHNUED DESCRIPTION AND SKETCH FOR , FROM SHEET r SUMTER ELECTRIC COOPERATIVE, INC. `r cn 1 Z��' N L1 �'` , L1 0'47"E L12 ' N761 14023' ,i �0 ,6'06"E ,-- , L10!9 4. N72 063' /-�' 139'48'"W mwSrORIAn ill\ 9 '/' s 576'10'47 &J.'o 1 S o aW r 83'16 06"W 572 o n I to N r o 14 d UNE TABLE I y 6 LINE LENGTH BEARING aW1�p L1 L2 52.97 S21'03'35"E M1 8.50 S01'27'16"E I �. . 3ay L3 29 29 S12'35'16"E o n I d� fee-v- L4 10.29 539'58'24"E SN N 1 rs o L5 19.34 S7119'25"E o I o L6 10.12 N30'44'22"E L7 25.16 559'45'29"E 1 L8 26.31 S31'05'42"W CEN7E76114"OF L9 18.95 N59'34'46"W L10 27.16 S80'47'02"W 1 L11 10.00 S00'40'02"W r ro L12 23.52 N80'47.02"E I ` L13 16.41 N71'39'25"W o ° L14 15.57 N39'58'24"W o v I o o L15 30.91 N12'35'16"W C N 101 L16 8.38 N01'27'16"W - 61 L17 55.22 N21'03.35"W L18 10.76 S8920'43"E 1 1 o S8879 08£ 0 S8979'581- 149 83'�{ PPaz/r69R9J _ 5163' 11 ONE ONE 159.46' 51.71' T - I 18879'08`W • N8979'58"W "'WA" - - — corn LOT 21 LOT zo I AT LEGENDS I � I Lor 79 PHASE w- I LOT 18 I I I ASii - T i PA 87-68 I I ' i SHEET 2 OF 3 A.M. GAUDET & ASSOCIATES INC. Job No. 13036 Drowing No 13036 Seale. 1'=60' PO. LAND 4073 BEELLLEVIEW FLORIDAIN34421 Drown by JAD Approved by. AMG 4709 SE 102ND PLACE. SUITE 3 B�LLEVIEW, FLORIDA 34420 PHONE. (352) 245-2708 FAX- (352) 245-2883 Dote Finished' Office: 10/18/13 Field. 10/17/13 Exhibit B ▪ -FOUND'4',,4•CONCRETE MONUMENT '!J� a WELL (((PPP PLAT DIMENSION • "FOUND 5/B'IRON ROD L CENTER LINE RACIA DI OR GEED DIMENSION -o-.-x-a FENCE LINE (((( RADIAL DIMENSION Q -FOUND NAIL WITH DISK CALC CALCULATED IMENT LINE NOT DRAWN TO SCALE C CALCULATED DIMENSION A/C AIR CONDITIONER Q -SET 1/2•IRON ROD WITH CAP C/D -CONCRETE BLOCK ( R RADIUS CALCULATED PLAT DIIEN90M1 MAWGD 0.M.GAUDET LS 5316 FW FOUND CONCRETE MONUMENT - L ARC LENGTH D e SET ex 4'CONCRETE MONUMENT CLF CHAIN LINK FENCE T TANGENT LENGTH MARKED PCP 5315 S/W SIDEWALK UGHT POLE R/W RIGHT-OF-WAY D CHORD CENTRAL ANGLE AA POWER POLE F1RC FOUND RCN ROD/PIN AND CAP CB CHORD W�BEARING- TELEPHONE PEDESTAL N/T NAIL AND TAB m ELECTRIC BOX PCP PERMANENT CONTROL FEN POINT ® WATER METER RLS REGISTERED LAND SURVEYOR PPT POINT OF T REFERENCE MONUMENT D0 =WATER VALVE PLS PROFESSIONAL LAND SURVEY01R PT POINT OF TANGENT LS LANDED SURVEYOR SIN PC POINT OF CURVATURE EC I -ONE-�OVERHEAD POWER LINE LB LICENSED BUSINESS PI POINT OF INTERSECTION -FIRE HYDRANT PSI PROFESSIONAL SURVEYOR AND MAPPER PRC POINT OF REVERSE CURVATURE .CONC.=CONCRETE PEI PLAT 8001( POC POINT OF COM ENCD@IT PG PAGE PCS POINT OF BEGINNING t 0000 a SPOT ELEVATION OR OFFICIAL RECORDS TWA TEMPORARY BENCH MARK RCP REINFORCED CONCRETE PIPE SO FT SQUARE FEET -TEST HOLE LOCATION CUP CORRUGATED METAL PIPE MEiC MOORHEAD ENGINEERING COMPANY (WHEN APPROPRIATE) RCP REINFORCED CONCRETE PIPE RCM 1 THIS IS NOT A SURVEY THIS DESCRIPAON AND SKETCH WERE PREPARED AS PER CLIENT'S REQUEST AND ARE BASED ON THE INFORMA770N SHOWIN ON WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2173, PAGE 264 WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4259, PAGE 99,E PUBLIC RECORDS OF LAKE COUNTY FLORIDA, EXISTING MONUMENTA 17ON, AND RECORDS OF THIS COMPANY 2 BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORD/NATE SYSTEM, EAST ZONE, NAD 83. SPECIFICALLY THE SOUTH BOUNDARY OF TUSCANY VILLAGE- PHASE 1 AS SHOWN HEREON BE/NC N8920'43"W DEICE/PnZr A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2173, PACE 260 OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA, FOR THE PURPOSES OF A UTILITY EASEMENT SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SE CORNER OF TUSCANY VILLAGE- PHASE 1, ACCORDING TO THE PLAT THEREOF RECORDED IN FLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSYVE OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA; THENCE N8920 43"W, ALONG THE SOUTH BOUNDARY OF SAID PLAT, 734 45 FEET 70 THE NE CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PACE 995 OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA; THENCE DEPARTING SAID SOUTH BOUNDARY, AND RUNNING ALONG THE EASTERLY AND SOUTHERLY BOUNDARIES OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 995 THE FOLLOWING FIVE COURSES, (1) SO039'17V, 8424 FEET, (2) THENCE 5442043"E, 224 08 FEET, (3) THENCE S0039'17W, 32626 FEET; (4) THENCE 54539'171, 11794 FEET, (5) THENCE N892043°W, 19127 FEET 70 THE PO/NT OF BEGYNN/NG; THENCE 521133'35"E 5297 FEET,- THENCE 50127'16"E, 650 FEET, THENCE 5194806E 10014 FEET; THENCE 5213605"E 6359 FEET, THENCE 51255'16Z 2929 FEET; THENCE 5393824"E, 10 29 FEET, THENCE 57139 25E 19 34 FEET; THENCE N30 44 2?"E, 10.12 FEET, THENCE 359'45'29Z 2516 FEET, THENCE S31 D5'42"1, 26 31 FEET, THENCE N5974'46114 1695 FEET; THENCE 5804702"04 2716 FEET; THENCE S7670'4711! 139 48 FEET; THENCE S727606"W, 8353 FEET, THENCE 50471'12"W 72 61 FEET, THENCE 5002044"W, 10730 FEET; THENCE S01730'09E 14806 FEET THENCE 3887906'E, 149.83 FEET TO A POINT 10.00 FEET NORTH OF THE NORTH BOUNDARY OF BEACON RIDGE AT LEGENDS PHASE Ill'AS PER PLAT THEREOF RECORDED IN PLAT BOOK 44 PAGES 87-88 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE 5897958E ALONG A LINE PARALLEL WITH AND 70.00 FEET NORTH OF SAID NORTH BOUNDARY, 51 63 FEET, THENCE S0040'02"W, PERPENDICULAR TO SAID NORTH BOUNDARY AND BEING 500 FEET EAST OF THE CENTER OF WOOD POWER POLE ' 1169493, A DISTANCE OF 1000 FEET TO A POINT ON SAID NORTH BOUNDARY, THENCE N897958"W, ALONG SAID NORTH - BOUNDARY, 51.71 FEET, THENCE DEPARTING SAID NORTH BOUNDARY, N8879'081'4 159 46 FEET; THENCE NO1 DO'09"W, 15772 FEET, THENCE N0020'44 E 10776 FEET THENCE N0471'12E 7970 FEET THENCE N727606E 9063 FEET, THENCE N7670'471; 140 23 FEET, THENCE N80 4702"E, 23 52 FEET THENCE N713925"1, 16 41 FEET, THENCE N393824"W, 15 57 FEET; THENCE N1235'161'4 30 91 FEET THENCE N215605"it 62.96 FEET, THENCE N19'48'06114 101.94 FEET, THENCE N01 27'16"W, 8.38 FEET THENCE N21D3'35"W 5522 FEET 70 A POINT ON THE AFORESAID SOUTHERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 995, THENCE 5892043E ALONG SAID SOUTHERLY BOUNDARY, 10 76 FEET 70 THE POINT OF BEGINNING. CONTAINING 0 264 ACRES, MORE OR LESS SHEET 3 OF 3