The URL can be used to link to this page

Resolution No. 2023-027Rd' CLERMONT CITY OF CLERMONT RESOLUTION NO.2023-027R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 951 EAST AVE FROM THOMAS C. HERDA AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BARBARA TANNEY FOR USE BY THE CITY FOR CEMETERY EXPANSION AND OTHER APPROPRIATE PUBLIC USES FOR THE PURCHASE PRICE OF $199,900 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE ON THE PROPERTY AS PROVIDED HEREIN. PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the purchase of real property located at 951 East Ave for public purposes including expansion of the City's cemetery is in the best interests of the citizens of the city of Clermont. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The City Council of the City of Clermont, Florida does hereby approve and authorizes the Mayor to enter into the contract attached hereto and incorporated herein as Exhibit "A" for the purchase of real property and the structure thereon located at 951 East Ave, Clermont, FL for $199,900.00. The City Council further authorizes the City Manager to perform all acts necessary and appropriate to close on the property, including, but not limited to, executing any and all documents at closing. SECTION 2: The City Manager is specifically authorized to withhold the formal written agreement and completion of the transaction upon determination of any matter or factor, hereafter coming to his/her attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City council, in session, for review and direction. SECTION 4: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. d= CLER ON? CITY OF CLERMONT �— RESOLUTION NO.2023-027R SECTION 5: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. CITY OF CLERMONT RESOLUTION NO.2023-027R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 8th day of August 2023. CITY OF CLERMONT Tim Murry,�ayo ATTEST: Tracy I Ackroyd Howe, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1 * PARTIES: Thomas C. Herda PR Barbara Tanney Estate ("Seller'), 2* and City of Clermont ("Buyer'), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property 4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase 5 and any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7* (a) Street address, city, zip: 951 East Ave. Clermont, FL 34711 e* (b) Located in: Lake County, Florida. Property Tax ID #: 24-22-25-0150-OOP-00401 9* (c) Real Property: The legal description isCLERMONT BEG SW COR LOT 4 RUN E 200 FT, N 113.2 FT, W 10 TO POINT N OF POB, S TO POB, BLK P PB 3 PG 5 ORB 2946 PG 1666 11 12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and 13 attached wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1(e) or 14 by other terms of this Contract. 15 (d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, the following items 16 which are owned by Seller and existing on the Property as of the date of the initial offer are included in the 17 purchase: range(s)/oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), light fixture(s), drapery rods 19 and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), thermostat(s), doorbell(s), 19 television wall mount(s) and television mounting hardware, security gate and other access devices, mailbox 20 keys, and storm shutters/storm protection items and hardware ("Personal Property"). 21 * Other Personal Property items included in this purchase are: 22 23 Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. 24* (e) The following items are excluded from the purchase: 25 26 PURCHASE PRICE AND CLOSING 27* 2. PURCHASE PRICE (U.S. currency): ............................................................................................... $ 199,900.00 28* (a) Initial deposit to be held in escrow in the amount of (checks subject to Collection) ............ $ 5,000.00 29 The initial deposit made payable and delivered to "Escrow Agent" named below 30 * (CHECK ONE): (i) ❑ accompanies offer or (ii) X is to be made within 3 (if left blank, 31 then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) 32 SHALL BE DEEMED SELECTED. 33* Escrow Agent Name: Michael G Horton PA 34 * Address: 3721 S Hwy 27 Clermont, FL 34711 Phone: 352 394 4008/ 35 * Email: Fax: 36 * (b) Additional deposit to be delivered to Escrow Agent within (if left blank, then 10) 37 * days after Effective Date........................................................................................................... $ 38 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit") 39* (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8......... 40* (d) Other: ................ $ 41 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire 42* transfer or other Collected funds (See STANDARD S)............................................................. $ 194,900.00 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: as (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 45* Auqust 9, 2023 , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day 47 the counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or 49 initialed and delivered this offer or final counter-offer ("Effective Date"). 50 4. CLOSING; CLOSING DATE: The closing of this transaction shall occur when all funds required for closing are 51 received by Closing Agent and Collected pursuant to STANDARD S and all closing documents required to be 52 furnished by each party pursuant to this Contract are delivered ("Closing"). Unless modified by other provisions of Buyer's Initials _1k Page 1 of 13 Sellers Initials Florida Rea ltors/FloridaBar-AS IS-6x Rev.7/23 0 2023 Florida Realtors® and The Florida Bar. All rights reserved. 53 * this Contract, the Closing shall occur on September 15, 2023 ("Closing Date"), at the time 54 established by the Closing Agent. 55 5. EXTENSION OF CLOSING DATE: 56 (a) In the event Closing funds from Buyer's lender(s) are not available on Closing Date due to Consumer Financial 57 Protection Bureau Closing Disclosure delivery requirements ("CFPB Requirements"), if Paragraph 8(b) is 58 checked, Loan Approval has been obtained, and lender's underwriting is complete, then Closing Date shall be 59 extended for such period necessary to satisfy CFPB Requirements, provided such period shall not exceed 7 so days. 61 (b) If an event constituting "Force Majeure" causes services essential for Closing to be unavailable, including the 62 unavailability of utilities or issuance of hazard, wind, flood or homeowners' insurance, Closing Date shall be 63 extended as provided in STANDARD G. sa 6. OCCUPANCY AND POSSESSION: 65 (a) Unless Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the Property 66 to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all 67 personal items and trash from the Property and shall deliver all keys, garage door openers, access devices and 68 codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss 69 to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and 70 shall have accepted the Property in its existing condition as of time of taking occupancy, see Rider T PRE- 71 CLOSING OCCUPANCY BY BUYER. 72 (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. If Property is 73 subject to a lease(s) or any occupancy agreements (including seasonal and short-term vacation rentals) after 74 Closing or is intended to be rented or occupied by third parties beyond Closing, the facts and terms thereof 75 shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be delivered to Buyer, all 76 within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the lease(s) or terms of 77 occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of written notice of such 78 election to Seller within 5 days after receipt of the above items from Seller, and Buyer shall be refunded the 79 Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Estoppel Letter(s) so and Seller's affidavit shall be provided pursuant to STANDARD D, except that tenant Estoppel Letters shall not 61 be required on seasonal or short-term vacation rentals. If Property is intended to be occupied by Seller after 62 Closing, see Rider U POST -CLOSING OCCUPANCY BY SELLER. 83 * 7. ASSIGNABILITY: (CHECK ONE): Buyer ❑ may assign and thereby be released from any further liability under 84 * this Contract; X may assign but not be released from liability under this Contract; or ❑ may not assign this Contract. 65 IF NO BOX IS CHECKED, THEN BUYER MAY NOT ASSIGN THIS CONTRACT. 96 FINANCING 87 8. FINANCING: 8e * X (a) This is a cash transaction with no financing contingency. 89* ❑ (b) This Contract is contingent upon, within (if left blank, then 30) days after Effective Date ("Loan 90* Approval Period"): (1) Buyer obtaining approval of a ❑ conventional ❑ FHA ❑ VA or ❑ other 91 * (describe) mortgage loan for purchase of the Property for a (CHECK ONE): ❑ fixed, ❑ adjustable, ❑ fixed or 92* adjustable rate in the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed % (if left 93* blank, then prevailing rate based upon Buyer's creditworthiness), and for a term of (if left blank, then 30) 94 years ("Financing"); and (2) Buyer's mortgage broker or lender having received an appraisal or alternative valuation 95 of the Property satisfactory to lender, if either is required by lender, which is sufficient to meet the terms required 96 for lender to provide Financing for Buyer and proceed to Closing ("Appraisal"). 97* (i) Buyer shall make application for Financing within (if left blank, then 5) days after Effective Date 96 and use good faith and diligent effort to obtain approval of a loan meeting the Financing and Appraisal terms of 99 Paragraph 8(b)(1) and (2), above, ("Loan Approval") within the Loan Approval Period and, thereafter, to close this 100 Contract. Loan Approval which requires Buyer to sell other real property shall not be considered Loan Approval 101 unless Rider V is attached. 102 Buyer's failure to use good faith and diligent effort to obtain Loan Approval during the Loan Approval Period shall 103 be considered a default under the terms of this Contract. For purposes of this provision, "diligent effort" includes, 104 but is not limited to, timely furnishing all documents and information required by Buyer's mortgage broker and lender 105 and paying for Appraisal and other fees and charges in connection with Buyer's application for Financing. 106 (ii) Buyer shall, upon written request, keep Seller and Broker fully informed about the status of Buyer's 107 mortgage loan application, loan processing, appraisal, and Loan Approval, including any Property related conditions 106 of Loan Approval. Buyer authorizes Buyer's mortgage broker, lender, and Closing Agent to disclose such status Buyer's Initials Page 2 of 13 Seller's Initials FloddaRealtors/FloddaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. 109 and progress and release preliminary and finally executed closing disclosures and settlement statements, as 110 appropriate and allowed, to Seller and Broker. 111 (iii) If within the Loan Approval Period, Buyer obtains Loan Approval, Buyer shall notify Seller of same in writing 112 prior to expiration of the Loan Approval Period; or, if Buyer is unable to obtain Loan Approval within Loan Approval 113 Period but Buyer is satisfied with Buyer's ability to obtain Loan Approval and proceed to Closing, Buyer shall deliver 114 written notice to Seller confirming same, prior to the expiration of the Loan Approval Period. 115 (iv) If Buyer is unable to obtain Loan Approval within the Loan Approval Period, or cannot timely meet the 116 terms of Loan Approval, all after the exercise of good faith and diligent effort, Buyer may terminate this Contract by 117 delivering written notice of termination to Seller prior to expiration of the Loan Approval Period; whereupon, provided 118 Buyer is not in default under the terms of this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer 119 and Seller from all further obligations under this Contract. 120 (v) If Buyer fails to timely deliver any written notice provided for in Paragraph 8(b)(iii) or (iv), above, to Seller 121 prior to expiration of the Loan Approval Period, then Buyer shall proceed forward with this Contract as though 122 Paragraph 8(a), above, had been checked as of the Effective Date; provided, however, Seller may elect to terminate 123 this Contract by delivering written notice of termination to Buyer within 3 days after expiration of the Loan Approval 124 Period and, provided Buyer is not in default under the terms of this Contract, Buyer shall be refunded the Deposit 125 thereby releasing Buyer and Seller from all further obligations under this Contract. 126 (vi) If Buyer has timely provided either written notice provided for in Paragraph 8b(iii), above, and Buyer 127 thereafter fails to close this Contract, the Deposit shall be paid to Seller unless failure to close is due to: (1) Seller's 128 default or inability to satisfy other contingencies of this Contract; or (2) Property related conditions of the Loan 129 Approval (specifically excluding the Appraisal valuation) have not been met unless such conditions are waived by 130 other provisions of this Contract; in which event(s) the Buyer shall be refunded the Deposit, thereby releasing Buyer 131 * and Seller from all further obligations under this Contract. 132* ❑ (c) Assumption of existing mortgage (see Rider D for terms). 133 ❑ (d) Purchase money note and mortgage to Seller (see Rider C for terms). 134 CLOSING COSTS, FEES AND CHARGES 135 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 136 (a) COSTS TO BE PAID BY SELLER: 137 • Documentary stamp taxes and surtax on deed, if any • HOA/Condominium Association estoppel fees 138 • Owner's Policy and Charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title 139 • Title search charges (if Paragraph 9(c)(iii) is checked) • Seller's attorneys' fees 140* • Municipal lien search (if Paragraph 9(c)(i) or (iii) is checked) • Other: 141 • Charges for FIRPTA withholding and reporting 142 If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11, 143 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at 144 Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay 145 such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. 146 (b) COSTS TO BE PAID BY BUYER: 147 • Taxes and recording fees on notes and mortgages • Loan expenses 148 • Recording fees for deed and financing statements • Appraisal fees 149 • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Buyer's Inspections 150 • Survey (and elevation certification, if required) • Buyer's attorneys' fees 151 • Lender's title policy and endorsements • All property related insurance 152 • HOA/Condominium Association application/transfer fees • Owner's Policy Premium (if Paragraph 153 • Municipal lien search (if Paragraph 9(c)(ii) is checked) 9(c)(iii) is checked) 154 * • Other: 155* (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 15, or if Paragraph 8(a) is checked, 156 then 5) days prior to Closing Date ("Title Evidence Deadline"), a title insurance commitment issued by a Florida 157 licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title 158 Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be 159 obtained and delivered to Buyer. If Seller has an owner's policy of title insurance covering the Real Property, 160 Seller shall furnish a copy to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy 161 premium, title search and closing services (collectively, "Owner's Policy and Charges") shall be paid, as set 162 forth below. The title insurance premium charges for the owner's policy and any lender's policy will be calculated 163 and allocated in accordance with Florida law, but may be reported differently on certain federally mandated 164 closing disclosures and other closing documents. For purposes of this Contract "municipal lien search" means a Buyer's Initials/ Page 3 of 13 Seller's Initials ' FloridaRealtors/FloddaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. 165 search of records necessary for the owner's policy of title insurance to be issued without exception for unrecorded 166 liens imposed pursuant to Chapters 153, 159 or 170, F.S., in favor of any governmental body, authority or agency. 167 (CHECK ONE): 168 * SI (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges, and Buyer shall pay the 169* premium for Buyer's lender's policy and charges for closing services related to the lender's policy, 170 endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other 171 provider(s) as Buyer may select; or 172* ❑ (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 173 services related to Buyer's lender's policy, endorsements and loan closing; or 174 * ❑ (iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Buyer shall designate Closing Agent. Seller shall 175* furnish a copy of a prior owner's policy of title insurance or other evidence of title and pay fees for: (A) a 176 continuation or update of such title evidence, which is acceptable to Buyer's title insurance underwriter for 177 reissue of coverage; (B) tax search; and (C) municipal lien search. Buyer shall obtain and pay for post -Closing 178 continuation and premium for Buyer's owner's policy, and if applicable, Buyer's lender's policy. Seller shall not 179 * be obligated to pay more than $ (if left blank, then $200.00) for abstract continuation or title 180 search ordered or performed by Closing Agent. 181 (d) SURVEY: At least 5 days prior to Closing Date, Buyer may, at Buyer's expense, have the Real Property 182 surveyed and certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real 183 Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. 184* (e) HOME WARRANTY: At Closing, ❑ Buyer ❑ Seller X N/A shall pay for a home warranty plan issued by 185* at a cost not to exceed $ . A home 186 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 187 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. 188 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body 189 ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and 190 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an 191 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being 192 imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may 193 be paid in installments (CHECK ONE): 194 * X (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. 195 Installments prepaid or due for the year of Closing shall be prorated. 196 * ❑ (b) Seller shall pay, in full, prior to or at the time of Closing, any assessment(s) allowed by the public body 197 to be prepaid. For any assessment(s) which the public body does not allow prepayment, OPTION (a) shall be 198 deemed selected for such assessment(s). 199 IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. 200 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district 201 (CDD) pursuant to Chapter 190, F.S., or special assessment(s) imposed by a special district pursuant to 202 Chapter 189, F.S., which lien(s) or assessment(s) shall be prorated pursuant to STANDARD K. 203 DISCLOSURES 204 10. DISCLOSURES: 205 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in 206 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 207 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 208 radon and radon testing may be obtained from your county health department. 209 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 210 does not know of any improvements made to the Property which were made without required permits or made 211 pursuant to permits which have not been properly closed or otherwise disposed of pursuant to Section 553.79, 212 F.S. If Seller identifies permits which have not been closed or improvements which were not permitted, then 213 Seller shall promptly deliver to Buyer all plans, written documentation or other information in Seller's possession, 214 knowledge, or control relating to improvements to the Property which are the subject of such open permits or 215 unpermitted improvements. 216 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 217 desires additional information regarding mold, Buyer should contact an appropriate professional. 218 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 219 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 220 improving the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" Buyer's Initials Page 4 of 13 Seller's Initials L�, �/ Florida Realtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved 221 or "Coastal Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and 222 Wildlife Service under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and/or 223 flood insurance rating purposes is below minimum flood elevation or is ineligible for flood insurance coverage 224 through the National Flood Insurance Program or private flood insurance as defined in 42 U.S.C. §4012a, Buyer 225* may terminate this Contract by delivering written notice to Seller within (if left blank, then 20) days after 226 Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all further 227 obligations under this Contract, failing which Buyer accepts existing elevation of buildings and flood zone 228 designation of Property. 229 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy -Efficiency Rating Information Brochure 230 required by Section 553.996, F.S. 231 (f) LEAD -BASED PAINT: If Property includes pre-1978 residential housing, a lead -based paint disclosure is 232 mandatory. 233 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 234 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 235 ASSOCIATION/COMMUNITY DISCLOSURE, IF APPLICABLE. 236 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 237 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO 238 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 239 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 240 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 241 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 242 (i) FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Seller shall inform Buyer in writing if 243 Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act ("FIRPTA"). Buyer 2" and Seller shall comply with FIRPTA, which may require Seller to provide additional cash at Closing. If Seller 245 is not a "foreign person", Seller can provide Buyer, at or prior to Closing, a certification of non -foreign status, 246 under penalties of perjury, to inform Buyer and Closing Agent that no withholding is required. See STANDARD 247 V for further information pertaining to FIRPTA. Buyer and Seller are advised to seek legal counsel and tax 248 advice regarding their respective rights, obligations, reporting and withholding requirements pursuant to 249 FIRPTA. 250 Q) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 251 not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding 252 sentence, Seller extends and intends no warranty and makes no representation of any type, either express or 253 implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller 254 has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected 255 building, environmental or safety code violation. 256 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 257 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 258 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS 259 IS Maintenance Requirement"). See Paragraph 9(a) for escrow procedures, if applicable. 260 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 261 * (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have 10 (if left blank, then 15) 262 days after Effective Date ("Inspection Period") within which to have such inspections of the Property 263 performed as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole 264 discretion, that the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering 265 written notice of such election to Seller prior to expiration of Inspection Period. If Buyer timely 266 terminates this Contract, the Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall 267 be released of all further obligations under this Contract, however, Buyer shall be responsible for 268 prompt payment for such inspections, for repair of damage to, and restoration of, the Property resulting 269 from such inspections, and shall provide Seller with paid receipts for all work done on the Property (the 270 preceding provision shall survive termination of this Contract). Unless Buyer exercises the right to 271 terminate granted herein, Buyer accepts the physical condition of the Property and any violation of 272 governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to 273 Seller's continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any and all 274 repairs and improvements required by Buyer's lender. Buyer's Initials Page 5 of 13 Seller's Initials Florida Realtors/Flor ar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement and has met all other contractual obligations. (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control relating to improvements to the Property which are the subject of such open or needed permits, and shall promptly cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such permit issues. Seller's obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or become obligated to expend, any money. (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. ESCROW AGENT AND BROKER 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the State of Florida and, subject to Collection, disburse them in accordance with terms and conditions of this Contract. Failure of funds to become Collected shall not excuse Buyer's performance. When conflicting demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order. In any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not be liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this Contract. 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the "Indemnifying Party") each individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such vendor. Buyer's Initials Page 6 of 13 Seller's Initials FloridaRealtors/Floe ar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. 331 Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors and 332 paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not relieve 333 Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, Broker 334 will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 335 DEFAULT AND DISPUTE RESOLUTION 336 15. DEFAULT: 337 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, 338 including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit 339 for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and 340 in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under 341 this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's 342 rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall 343 be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share 3" shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. 345 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after 346 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 347 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting 348 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific 349 performance. 350 This Paragraph 15 shall survive Closing or termination of this Contract. 351 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and 352 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will be settled 353 as follows: 354 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 355 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 356 16(b). 357 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 358 Rules for Certified and Court -Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). 359 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 360 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 361 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 362 16 shall survive Closing or termination of this Contract. 363 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted 364 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 365 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover 366 from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the 367 litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 368 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 369 18. STANDARDS: 370 A. TITLE: 371 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 372 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall 373 be issued and delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at 374 or before Closing and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance 375 in the amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, 376 subject only to the following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, 377 prohibitions and requirements imposed by governmental authority; (b) restrictions and matters appearing on the 378 Plat or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of 379 entry; (d) unplatted public utility easements of record (located contiguous to real property lines and not more than 380 10 feet in width as to rear or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and 381 subsequent years; and (f) assumed mortgages and purchase money mortgages, if any (if additional items, attach 382 addendum); provided, that, none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing 383 any violation of items identified in (b) — (f) above, then the same shall be deemed a title defect. Marketable title shall 384 be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance 385 with law. Buyer's Initials � Page 7 of 13 Seller's Initials FloddaRealtors/FloddaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 386 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller 387 in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is 388 delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of 389 receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after 390 receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer 391 shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver 392 written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this 393 Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If 394 Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 395 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 396 Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or 397 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 396 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) 399 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all aoo further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, and 401 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 402 thereby releasing Buyer and Seller from all further obligations under this Contract. 403 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon aoa encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 405 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of 406 such matters, together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later 407 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 406 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 409 prior survey, Seller shall, at Buyer's request, execute an affidavit of "no change" to the Real Property since the 410 preparation of such prior survey, to the extent the affirmations therein are true and correct. all C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 412 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 413 D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from 414 tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security 415 deposits paid by tenant(s) or occu pant(s)(" Estoppel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s) 416 the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit 417 and Buyer may thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or 418 Seller's affidavit, if any, differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 419 6, or if tenant(s)/occupant(s) fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller 420 within 5 days after receipt of such information, but no later than 5 days prior to Closing Date, terminating this 421 Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under 422 this Contract. Seller shall, at Closing, deliver and assign all leases to Buyer who shall assume Seller's obligations 423 thereunder. 424 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing 425 statement, claims of lien or potential lienors known to Seller and (ii) that there have been no improvements or 426 repairs to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been 427 improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all 426 general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth 429 names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges 430 for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been 431 paid or will be paid at Closing. 432 F. TIME: Time is of the essence in this Contract. Calendar days, based on where the Property is located, shall 433 be used in computing time periods. Other than time for acceptance and Effective Date as set forth in Paragraph 3, 434 any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or 435 inserted herein, which shall end or occur on a Saturday, Sunday, national legal public holiday (as defined in 5 436 U.S.C. Sec. 6103(a)), or a day on which a national legal public holiday is observed because it fell on a Saturday or 437 Sunday, shall extend to the next calendar day which is not a Saturday, Sunday, national legal public holiday, or a 438 day on which a national legal public holiday is observed. 439 G. FORCE MAJEURE: Buyer or Seller shall not be required to exercise or perform any right or obligation under aao this Contract or be liable to each other for damages so long as performance or non-performance of the right or 441 obligation, or the availability of services, insurance, or required approvals essential to Closing, is disrupted, delayed, 40- Buyers Initials Page 8 of 13 Sellers Initials 7 Florida Rea ltors/FloridaBa r-AS I S-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 442 caused or prevented by a Force Majeure event. "Force Majeure" means: hurricanes, floods, extreme weather, 443 earthquakes, fires, or other acts of God, unusual transportation delays, wars, insurrections, civil unrest, or acts of 444 terrorism, governmental actions and mandates, government shut downs, epidemics, or pandemics, which, by 445 exercise of reasonable diligent effort, the non -performing party is unable in whole or in part to prevent or overcome. 446 The Force Majeure event will be deemed to have begun on the first day the effect of the Force Majeure prevents 447 performance, non-performance, or the availability of services, insurance or required approvals essential to Closing. 448 All time periods affected by the Force Majeure event, including Closing Date, will be extended a reasonable time 449 up to 7 days after the Force Majeure event no longer prevents performance under this Contract; provided, however, 450 if such Force Majeure event continues to prevent performance under this Contract more than 30 days beyond 451 Closing Date, then either party may terminate this Contract by delivering written notice to the other and the Deposit 452 shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 453 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, 454 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters 455 described in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be 456 transferred by absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this 457 Contract. 458 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 459 (i) LOCATION: Closing will be conducted by the attorney or other closing agent ("Closing Agent") designated by 460 the party paying for the owner's policy of title insurance and will take place in the county where the Real Property 461 is located at the office of the Closing Agent, or at such other location agreed to by the parties. If there is no title 462 insurance, Seller will designate Closing Agent. Closing may be conducted by mail, overnight courier, or electronic 463 means. 464 (ii) CLOSING DOCUMENTS: Seller shall at or prior to Closing, execute and deliver, as applicable, deed, bill of 465 sale, certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), 466 owner's possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid 467 receipts for all work done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable, 468 the survey, flood elevation certification, and documents required by Buyer's lender. 469 (iii) FinCEN GTO REPORTING OBLIGATION. If Closing Agent is required to comply with a U.S. Treasury 470 Department's Financial Crimes Enforcement Network ("FinCEN") Geographic Targeting Order ("GTO"), then Buyer 471 shall provide Closing Agent with essential information and documentation related to Buyer and its Beneficial 472 Owners, including photo identification, and related to the transaction contemplated by this Contract which are 473 required to complete mandatory reporting, including the Currency Transaction Report; and Buyer consents to 474 Closing Agent's collection and report of said information to IRS. 475 (iv) PROCEDURE: The deed shall be recorded upon Collection of all closing funds. If the Title Commitment 476 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 477 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to Collection of all closing 478 funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. 479 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 480 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following 481 escrow and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent 482 for a period of not more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of 483 Buyer, Buyer shall, within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from 484 date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all 485 Closing funds paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, 486 simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and re- 487 convey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand 488 for refund of the Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect 489 except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. 490 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of 491 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 492 (including special benefit tax assessments imposed by a CDD pursuant to Chapter 190, F.S., and assessments 493 imposed by special district(s) pursuant to Chapter 189, F.S.), interest, bonds, association fees, insurance, rents 494 and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, 495 in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required 496 by prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited 497 to Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on 498 current year's tax. If Closing occurs on a date when current year's millage is not fixed but current year's assessment Buyer's Initials �itii Page 9 of 13 Seller's Initials /� FloridaRealtors/Flori aBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 499 is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's 500 assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements 501 on the Real Property by January 1 st of year of Closing, which improvements were not in existence on January 15' 502 of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be 503 agreed upon between the parties, failing which, request shall be made to the County Property Appraiser for an 504 informal assessment taking into account available exemptions. In all cases, due allowance shall be made for the 505 maximum allowable discounts and applicable homestead and other exemptions. A tax proration based on an 506 estimate shall, at either party's request, be readjusted upon receipt of current year's tax bill. This STANDARD K 507 shall survive Closing. 508 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller 509 shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, 510 including a walk-through (or follow-up walk-through if necessary) prior to Closing. 511 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 512 ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 513 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed 514 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated 515 cost to complete restoration (not to exceed 1.5% of Purchase Price) will be escrowed at Closing. If actual cost of 516 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase 517 Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 518 Purchase Price, Buyer shall elect to either take Property "as is" together with the 1.5% or receive a refund of the 519 Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation 520 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 521 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 522 Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate 523 in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 524 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent 525 upon, nor extended or delayed by, such Exchange. 526 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT 527 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public or official records. This 528 Contract shall be binding on, and inure to the benefit of, the parties and their respective heirs or successors in 529 interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice and 530 delivery given by or to the attorney or broker (including such broker's real estate licensee) representing any party 531 shall be as effective as if given by or to that party. All notices must be in writing and may only be made by mail, 532 facsimile transmission, personal delivery or email. A facsimile or electronic copy of this Contract and any signatures 533 hereon shall be considered for all purposes as an original. This Contract may be executed by use of electronic 534 signatures, as determined by Florida's Electronic Signature Act and other applicable laws. 535 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement 536 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 537 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change 538 in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 539 to be bound by it. 540 Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 541 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 542 rights. 543 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 544 or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 545 S. COLLECTION or COLLECTED: "Collection" or "Collected" means any checks tendered or received, including 546 Deposits, have become actually and finally collected and deposited in the account of Escrow Agent or Closing 547 Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by Closing Agent 548 until such amounts have been Collected in Closing Agent's accounts. 549 T. RESERVED. 550 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State 551 of Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the 552 county where the Real Property is located. 553 V. FIRPTA TAX WITHHOLDING: If a seller of U.S. real property is a "foreign person" as defined by FIRPTA, 554 Section 1445 of the Internal Revenue Code ("Code") requires the buyer of the real property to withhold up to 15% 555 of the amount realized by the seller on the transfer and remit the withheld amount to the Internal Revenue Service Buyer's Initials� Page 10 of 13 Seller's Initials FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 556 (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate 557 from the IRS authorizing a reduced amount of withholding. 558 (i) No withholding is required under Section 1445 of the Code if the Seller is not a "foreign person". Seller can 559 provide proof of non -foreign status to Buyer by delivery of written certification signed under penalties of perjury, 560 stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification number and 561 home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). Otherwise, Buyer 562 shall withhold the applicable percentage of the amount realized by Seller on the transfer and timely remit said funds 563 to the IRS. 564 (ii) If Seller is a foreign person and has received a Withholding Certificate from the IRS which provides for reduced 565 or eliminated withholding in this transaction and provides same to Buyer by Closing, then Buyer shall withhold the 566 reduced sum required, if any, and timely remit said funds to the IRS. 567 (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has 568 provided to Buyer the notice required by 26 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been 569 received as of Closing, Buyer shall, at Closing, withhold the applicable percentage of the amount realized by Seller 570 on the transfer and, at Buyer's option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in 571 escrow, at Seller's expense, with an escrow agent selected by Buyer and pursuant to terms negotiated by the 572 parties, to be subsequently disbursed in accordance with the Withholding Certificate issued by the IRS or remitted 573 directly to the IRS if the Seller's application is rejected or upon terms set forth in the escrow agreement. 574 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this 575 transaction, Seller shall deliver to Buyer, at Closing, the additional Collected funds necessary to satisfy the 576 applicable requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for 577 disbursement in accordance with the final determination of the IRS, as applicable. 578 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 579 8288 and 8288-A, as filed. 580 W. RESERVED 581 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller 582 and against any real estate licensee involved in the negotiation of this Contract for any damage or defects 583 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 584 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 585 provision does not relieve Seller's obligation to comply with Paragraph 10(j). This Standard X shall survive 586 Closing. 587 ADDENDA AND ADDITIONAL TERMS 588 * 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 589 Contract (Check if applicable): ❑ A. Condominium Rider ❑ M. Defective Drywall ❑ X. Kick -out Clause ❑ B. Homeowners' Assn. ❑ N. Coastal Construction Control ❑ Y. Seller's Attorney Approval ❑ C. Seller Financing Line ❑ Z. Buyer's Attorney Approval ❑ D. Mortgage Assumption ❑ O. Insulation Disclosure ❑ AA. Licensee Property Interest ❑ E. FHA/VA Financing XI P. Lead Paint Disclosure (Pre-1978) ❑ BB. Binding Arbitration ❑ F. Appraisal Contingency ❑ Q. Housing for Older Persons ❑ CC. Miami -Dade County ❑ G. Short Sale ❑ R. Rezoning Special Taxing District ❑ H. Homeowners/Flood Ins. ❑ S. Lease Purchase/ Lease Option Disclosure ❑ I. RESERVED ❑ T. Pre -Closing Occupancy ❑ DD. Seasonal/Vacation Rentals ❑ J. Interest -Bearing Acct ❑ U. Post -Closing Occupancy ❑ EE. PACE Disclosure ❑ K. RESERVED ❑ V. Sale of Buyer's Property ❑ Other: ❑ L. RESERVED ❑ W. Back-up Contract Buyer's Initials l Page 11 of 13 Seller's Initials 41r FloridaRealtors/FIori "afar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. 590 * 20. ADDITIONAL TERMS: 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609* ❑ Seller counters Buyer's offer. COUNTER-OFFER 610 [The remainder of this page is intentionally left blank. 611 This Contract continues with Line 612 on Page 13 of 13.] Buyer's Initials Page 12 of 13 Sellers Initials i /Flo ar-ASIS-6x Rev.7/23 © 2023 Florida R FloridaRealtorsealtors® and The Florida Bar. All rights reserved. 612 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 613 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 614 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 615 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the 616 terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and 617 conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all 618 interested persons. 619 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK 620 TO BE COMPLETED. 621 ATTENTION: SELLER AND BUYER 622 CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 623 2023 (the "Act"), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by 624 certain buyers who are associated with a "foreign country of concern", namely: the People's Republic of China, the 625 Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of 626 Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic. It is a crime to buy or knowingly 627 sell property in violation of the Act. 628 629 630 631* 632* 633* 634* 635 636 637 638 * At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under the Act. Buyer: Date: t1Ltc1�� g ,03 Buyer: Date: Seller: �!� �i'>~1/'�� / Date: July 31, 2023 Seller: Buyer's address for purposes of notice Date: Seller's address for purposes of notice 639 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers 640 entitled to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct 641 Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage 642 agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has 643 retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation 644 made by Seller or Listing Broker to Cooperating Brokers. 645 * 646 Cooperating Sales Associate, if any 647 * 648 Cooperating Broker, if any Richard Bisaillon Listing Sales Associate Coldwell Banker Tony Hubbard Realty Listing Broker Page 13 of 13 FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved. Comprehensive Rider to the Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR If initialed by all parties, the clauses below will be incorporated into the Florida Realtors@/Florida Bar Residential Contract For Sale And Purchase between Thomas C. Herda PR Barbara Tannev Estate (SELLER) and Citv of Clermont (BUYER) concerning the Property described as 9 15 East Ave. Clermont. FL 3�4711 Buyer's Initials (V*+ , Seller's Initials P. LEAD -BASED PAINT DISCLOSURE (Pre-1978 Housing) Lead -Based Paint Warning Statement "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspection in the seller's possession and notify the buyer of any known lead - based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase." er's Disclosure (INITIAL) (a) Presence of lead -based paint or lead -based paint hazards (CHECK ONE BELOW): ❑ Known lead -based paint or lead -based paint hazards are present in the housing. X Seller has no knowledge of lead -based paint or lead -based paint hazards in the housing. (b) Records and reports available to the Seller (CHECK ONE BELOW): ❑ Seller has provided the Buyer with all available records and reports pertaining to lead -based paint or lead -based paint hazards in the housing. List documents: Seller has no reports or records pertaining to lead -based paint or lead -based paint hazards in the housing. Buyer's Acknowledgement (INITIAL) (c) Buyer has received copies of all information listed above. (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) Buyer has (CHECK ONE BELOW): ❑ Received a 10-day opportunity (or other mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint or lead -based paint hazards; or ❑ Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint or lead -based paint hazards. Licensee's Acknowledgement (INITIAL) (f) Licensee has informed the Seller of the Seller's obligations under 42 U.S.C. 4852(d) and is aware of Licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is tru�ccurate. July 31, 2023 Auqu-JJ % uzo_9 j SELLER Date BUYER `� Dat SELLER Date BUYER Date '2�C_AOAd July 31, 2023 Listing Licensee Date Selling Licensee Date Any person or persons who knowingly violate the provisions of the Residential Lead -Based Paint Hazard Reduction Act of 1992 may be subject to civil and criminal penalties and potential triple damages in a private civil lawsuit. Page 1 of 1 P. LEAD -BASED PAINT DISCLOSURE CR-6 Rev. 10121 © 2021 Florida Realtors(R) and The Florida Bar. All rights reserved. 0 0 0 m. �. took.,O ti Co) a o v M yct00 aD rn rn M N OOD r LLN7 'O No E oo rn 0) c° cci o 0) rn rn N Z O N 1 qI 0) y M N y o rn (°)) - w E O V N o m C O N M O a -I IN E O W CIO C C O O C = 2 Z= 0 o 0 0 O (n F- F- 0. •p c m 0) Ea) om L o (u o•� ,� m ad to c Q c a) c000000i > � 4 0 m ef0000k m a) N .. .-�LEE U) U p c v o y y L v, a) C E m m N N T N N CIO 4) d •O U) O N O w c U N C d 0 0) O O L N c ^ °' w m 00 a) o TIE m vc > d c� m p c o ° E Ems® t_ � C a) co m N Iwo N 'O m O L _� m o Oo = t O 0 0 c C O 0 C .� O p ° N 0O7 G O 0 N C lL V C V L '0 ♦- Q ,�•� a) ° �' O c c tp O .0 N C C C1:1 C° ( L Z T m Q G �� E ' m U) a� m C E vmi ° E y E ° c n �U) c o a�y `° F- d o a 0)a) a(� c ° ° •°c o f +°_) c dmamom v 0 p o 0 o 0 J m 0 .0 W 10ry O N O C O C c N 0 -° � O (� +p. t' O C f- "° T C xOx N w c y XN yy p O c E C 'O O e" N `L r- N 4- @ N c O c O. (mp N N E w YO N C t1 N O m' O h O m W O m 0 cx N O E O a) c O LIP w L m !n X (D r� E O m O L 0) m m 0) 0 0. `�- !n (O .w' C E m �' U O O O M (6 ♦+ C N E O m m N p N ,� -° E N G ° G !n U C 3 y O N °) O. c 3 N �. L (� �' to C 0 to ' C 14 m c a) O �' N m 7 E C kG In V, 0 0 .�` �n L m 3 ,c N 0 E O c N n N E CD O N y 0 nn x CD EUx N M N N N c U) O vmy MIT O U O C C m E N 7 W U d 0 0 0 a i1 W U (I n. 0 a 7 U U a F" MUMAN Q U v J U 'V E O — 0> E a) � 'U O N M I tit a M� 00 O) CD r- N C O (V M VV to (D r W O) 'O O r cV M 4 ti) (D Ih c0 O) O O O O O m L' et O O O O O Q O 0 0 0 N LN O O O O O O O O O Q N O W o )(D 0 a c s X v � v v v a v v v Nr � a v to to to to to to to to to to LO to to to (n LO to to u) to v7 m m Y T rn Ec a) � room o c m m o 0 0 C) 00 o ^ o f at o rm MO n�- o > :° o r r o °'E CL n 00 o a) c o 0 0 0 0 0 0 0 °) a) > > U) °000E (D m`LL o ti 0)) r rn °o o rn E ° m ° m a) M O C O ti ti r C � � c X O Basis LL N N O U O. M M ° O C —' m M E ° °- ` 0 (O N N 0. m W -0 E O 0 O. N a) 'U 'O (0) N U (a o o U c @ �00000,° a LL LL Q o c a) E LL " is � :M vi m y m e a) o Fo S C ° 0) ° N C U �O m d. r. Y c c ° E m a) a) a E o E 6 LL N E m U -m°` U U c T (oi c o o °) a) T ° > > C° 3 tcv a U ° o = c c o L o > y ` m m °� M m a) E om > >_ °) m ; m L o O = N a) V a a_ c o a) ; 3 v p L O U X N N N O O a) L `(. 01 O O .i.: 0 T C a),-oo ° °° E W W r �� m ow r a `o° m �° co E �� c'm > ° _ m E a) m O L to to p M m `o a) N t° v g o -o c o 3 o O° o ° 400Eo o U a F- rn rn M o 0 •3 ; > o= c c E O L' g o .0 n o c o ° a m m L m a) o € T a o `� m E o w F- N = c a) °) .m`. o o a E m T o c m a ; 0 0 LEE E c 7ii c E° L 3 . � ro oa a 3 0 0 � c ow E o ❑ ym oc LL U E .`—. ai Z F- 'L a) p C 4`— c O C C (n O p C O >+ 0 Fp w aci N to o W m O Z ul 3 0 a� E CD B0 `o E o m o ° E a) o uJ w E a p oNo d y Q c Q o r C m ;; v a� c c E :: ? mMoss -0 o rn c ME cn E -o J d p c Q E O o a� a c `� Q `m o o c O .o (D c a tL c 8 ., o (D d O J y Z d J h (D H ° m° o ° c a� c O m E E E w c y o c o In 4- ` O m W N W J } Z Z '0 E IN U) a c a) E c m B,0000 m m w a) ;o .. ° o ❑ E m m c N (0 U. ° tNi o mass! o F- W ar W ° m c m m ' a (° m tm m c 3 m o m m E o LL w c Ec a E O y O N U. (y� W w W ° m o a) d p C N v� ° o .a c .0 n w o c (a� y N m L d p° N o rn v O = Q lil W w y W y IL ° J E` coq E Op NN ° a°) c N c c y o U) o U o C �j C m .� ai .0 C° N r a LL> v o O 0 FCD ~- E O U a U) � CU U a C9 0 (L u� a a ° U U a F- o O" J" U m N E �� 3 0 N FT a- d' 2 Q z Q Z Q 0. N O. (q fn O CV M l(i 'D (D Ih 00 Q) O (V G O cV M d' tij M ti CO O) MasonO O .- N (+J d' t1j (D Ih GD Q) O O N (rj a) d C O O O M O Q 0 0 0 0 �- �-- N N 0 0 0 0 0 0 0 0 0 Q N M O O O 'O E(D C1 ° O 2 d m O O U O LLI w 0 _ � i� r- � N N N N N N N N N N N N N N N N N N N N M M M (q � N� m E4 d a O O O t!') O O M O O O O a OOL E C d. O LO d' r O O) c0 O O N ti ��yE rn °� N ro cov °° (0n N v N E M @ (D ° 1- 'O — 'C 0) c- .- E (D N N m (n 7 Y3 V% > 0 O ON, LL O C) C) c)Or W C G O E t m r ao LO r a y M N O a) v) NO E C m v (L m �" (n a �_ a 3 m ° c U U C v c a. a a a a n m `m m (D o <A (� U) (n to U U U U U U O O 0 O E (6 a a,� O O a a a a C- La Q `� ° `m m N = o 0) o 0 0 0 ° m _CL 6 0 `0 0 0 co o n m m m m m m c)f E c c c C c c c c c° m wa a O 0 0 0 0 0 0 0 o m E 7�5POO•• E E E E E E E E a)"- d € 0)m al a� al al a� a`> c t a)p t MPRO Q ol a a a o. a s w co pc > E NCL F- 0 O E E (o > u a U ° Lu m m N n D 0 0 0 r C 0 c 446 a m M o co C)N c c rn N c CO l:U la U G U l:� G C O U N a) ) CS! N c;2 J U Pa pPC PC PC WC PC PC PC PC 48 0 PNNNI �' C C C C C C C C a N Q c E E E E E E E E n c .c a@ m m o w U o 0 0 0 0) 0 0 @ 00 a� C° 0 0 E U w C m e S .v o 0 0 = m C m d) m 1- Ln m CD 0 rn m C9 0 o .� h M U = c �� W W 0 Z o a o m d o 3 O Q' cl. 13H M L $> �- O 0 0 0 0 0 0-0 ° i» �' 0 (' c= a o U y O a o 69 m p c d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c af0i al0i al0i o 0 0 0 0 0 o a) N*NNOo o o 0 0 0 0 0 0 0 U ° m o c o > > > c o E N a o m @ dU 0 0 0 0 LA PC -° u a y� U O c > o i» o c d U C a t �u°ico 0o a� o n W p p N E r C� (CCa m w O t Q 4) a) N La LO N� C G L y t- No a) E E Y 0 0) C o > E ui on aci 3 a a E V° (D � E E > > c ° @ ° c > al E t -� m c c E a 0= 3 p t c ca c c .c cV c n 0OPNNO E c N p f� m °� U rn c m a� as aai Q) aEi (D c v g a�Ei m n a E c m E Q n Y m O is o m 0 U 0 a °� c °� � `� c :o m rn o> a� 0 o c� rn E 0(D n m L m 11 0 0 `o a) 0 0 0. c c d a c m ��LC•��` E a� 0 o a Ln > > m m � Y a� y �' a O Lt_ c U -o y '= N LL O.X 4 m C C U N co C 0 Q O 7 +3 `- Ny C U U� � d N O U O N � C U � Lp � E LL i N a) a) c �+ � C � a) `O o a N •� C O. N N O O G 0 7 C 0. N tV O w G C a C N >O > a) lO C w- .+ m 0 m E o 3 .O G m N 'C O C N N m rn c .o m 0 �i Ln c E c 0@ N a> ° v`ni o o a 0 ro 0 c J~ o a �' Ln c °� s E p E o .� ° E PC 0 �v .c 0 w o c S o Ln y c a> a a m N c E o c Ln a� 0 a� a� E c c � m y (n d G m c o m c to o U a a) p y;. 41 C 7 N O7 O C N LO a) V N N r- .D y .O to N N a 01 :0 O O C O a) al L. m O O in m d o N Ln o@ m L E a� m E o � 0 t] 0 > a m' c Z m L` c E c ( c° E n C Q o -0 N +... 1 O fa v• m (� m a C O U N a) = Z' C� O o N O U m a) o U a) N .N... '� pt 0 N N O 'c m E Ln c c@ 'v v° n CT m - o c m (D N a) a� o a� c'a C o o 'o f0 U m 0 a o o o a aci o° o L� O o c m. Lu n c o v N 3 c a� i4 U 0 Fo 0 y mf� E o U ��aU�� -_�_,� =�UUa� a��a ozavl= �ow��o�Ucnwoa ��0 o �, oN _z� Q NNNNNN N f- C) Cj N M d' LO (O t` W c) C) N M v LO (O h 00 °i 6 � (V M p (V M Lo Cj N M 'ch Lo (O ti 00 O) Cj C U m = $ Z' CC (n Lj � N M 00 N M V' 0 (O r 06 6 O �- O (V M R4 Lri o 00 o 0 0 0 0 0 0 0� C) 0 0 0 0 0 0 O O � � r' N N N N N N M M M M M M M M M M �' w% >. a� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m o 0 0 0 0 C) o 0 0 0 0 0 0 0 0 P c E V H 3 m _ J r n r� I� h 0D w O w w O w w w w w w O M o O M .- .- r- r' � � •- •"' � � •- � � � •- % •- •- � •- � � TN"' •- •- t6 C4 06 a rco C 2s O Ole w_Ems- n' At p7p qqw 0 c p n� £� z yy r _ II I- I _ g Ig a p Off �o ©� w ni o .- cv ui n o tJ pi v ui 1p t= ao of ti y Q OO, hpci - Pi O m P Q a)C a6� m FC m Lim N � m c s o wEl° 0 '6 85 roffIv $ r y m oC600 w G i3 E Q @ 17LX yY� N iL W Cq 11((��pp� �C�pp �Q �u�a1(�1�n°.mp�'p2�� r�qq?�� oc O O O d 4 O O O �= 49 (V $ N N lV N N o Q C+ t�I M V 4i ql t. 00 Oi ^1 r^ r r r �^ N N N N N N N N N N N N FV Fl y S $$. $8 88 8 6g P q 8 8 — Q g s C C aIt o� ca U U U U 8 T x 8 E E E E o aqi o € M 'L U u E E E E E E E E a 2 m ZP 25 ah m Q20 � �� -� � � s� `•° m' fig€ v ES 00 20 w w i gt EL o 08 0 000 00 a$ 4S�Q�s 0 0 0 0 CO of 5$5�� 98 SS8895S$ j�W $ 'M� c0 N $ m 490 1 v' _ a awooal CL FL cc oL 32 Z SO d - vi r: N a3 ui ATTORNEYS' TITLE FUND SERVICES, LLC UPDATE Provided For: Michael G. Horton, P.A, Fund File Number: 1427739-3 File Reference No.: 23-0537 Date Prepared: August 30, 2023 Processing Branch: Central Florida Processing Branch Contact: (800)683-0392 Pursuant to your request, we /rave searched the public records of Lake Cotu:ty, Florida, front August 8, 2023 through August 25, 2023 to reflect all recorded documents affecting t{re above referenced Fund File. Ifthe transaction has closed, the through date indicated may be subsequent to the recording of the closing documents. This search does not cover matters other than those recorded in the Offrcial Records of the courtly and does not assure the legality or validity of the referenced documents. NOTE: Arty docttr►rerrts referertcedbelcrry ►►rrtst be excrr►rived to rietermirrc if they trplrly to the srrGject h°ansaction. Any court file has not been examined in whole or in part and rto deter►nination l:as been made about its compliance with applicable lair. Ad Valorern tax it:for►nation is ►tot provided. This search is provided to cover the "GAP"period between prior title evidence and tl:e effective date of this search. Liability for incorrect iufor►r:ation is limited to the liability under the Fund File being updated herein. This search may contain repetitive instruments as certain types of instruments are posted to both property and name searches in ATIDS. 1. Nothing Found COMPLIANCE AND PRORATION AGREEMENT BETWEEN BUYER AND SELLER Prepared by: MICHAEL G. HORTON, P.A. File No.: 23-0538 Property: 951 East Avenue, Clermont, FL 34711 Dated: August 31, 2023 We the undersigned Seller and Buyer/Borrower herein acknowledge the following as conditions of the above referenced transaction. 1. All contingencies set forth in the Contract for Sale have been complied with in full. 2. All utility bills including, but not limited to, water, sewer, gas, garbage, and electric are the responsibility of the undersigned parties, not the closing agents. All matters regarding utility bills will be handled outside of closing. 3. The undersigned parties will fully cooperate if adjustment for clerical errors on any or all closing documents is necessary and will sign such additional documents as are necessary to correct such errors. 4. Calculations of payoff figures, or principal balance and escrow account balances and/or prorations, were based on information obtained in writing, from lender. The closing agent will not be held liable for miscalculations as a result of errors made by the lender. If there is/are discrepancies between the figures used in preparing the closing statements, and future information provided by the lender, resulting in a demand by the lender for additional funds, seller will up on request forward said funds forthwith. 5. Intentionally deleted. 6. It is agreed by the undersigned that the proration of real estate taxed stated in the Settlement Statement prepared by Settlement Agent is based on the terms of the executed Contract f ' jui ished Settlement Agent and is further based on: (Infti Buyer and Seller acknowledge that a tax bill of $0 was used or orations based on the 2022 tax bill and is considered the final tax bill by Settlement Agent. The owner has full disabled veteran's exemption. Buyers Initials Seller Ini Should the tax for the current year differ from those of last year, we agree to make further adjustments or prorations between ourselves and we hold Michael G. Horton, P.A., harmless from any change in the tax, the proration or payment of the current year taxes. (Initial) Buyer acknowledges that the full real estate tax bill is released from the Tax Office in November of each year and Buyer is responsible for payment of full tax bill at that time. There was no credit given for real estate taxes, as Seller was except from property taxes. (Initial) Buyer acknowledges that the property will be reassessed based upon the purchase price, which can result in an increase in property taxes. LAW OFFICE OF MICHAEL G. HORTON, P.A. DOES NOT GUARANTEE HOMESTEAD EXEMPTION OR BUYER. It is the responsibility of the Buyer to apply for their Homestead Exemption avit�,.�e property appraiser's office. (Initial) eller warrants that the homestead exemption has been filed for the current y r and will apply. Should any action by the taxing authorities result in material differences in the real estate taxes for the current year which indicate an adjustment would be in order in either the Buyers' or Sellers' favor, it is understood and agreed that any adjustment in proration of taxes will be settled between the Buyers and Sellers at their discretion. It is further understood that the holder of any mortgage executed or assumed by the Buyer in connection with this sale may can upon Buyer to make up any deficiency in the escrow account. 7. Association and/or Maintenance Fees: N/A IN WITNESS WHEREOF, the undersigned have executed this document on the date set forth below. City of Clermont, a Florida municipal Corporation Brian Bulthuis, City Manager for City of Clermont, Purchaser 1 Thomas Carl Herda, as Personal Representative Barbara A Tanney Seller DAVID W. JORDAN NOTICE OF AD VALOREM TAXES AND NOk.-AD VALOREM ASSESSMENTS LAKE COUNTY TAX COLLECTOR 2022 Paid Real Estate TANNEY BARBARA A 951 EAST AVE CLERMONT, FL 34711-2531 951 EAST AVE CLERMONT BEG SW COR LOT 4 RUN E 200 FT,N113.2FT,WTOPOINT NOFPOB,S TO POB, BLK P PB 3 PG 5 ORB 2946 PG 1666 PAY IN US FUNDS TO DAVID W. 70RDAN, TAX COLLECTOR • PO BOX 327 • TAVARES, FL 32778-0327 • 352-343-9602 LAKE COUNTY GENERAL AMBULANCE MSTU ENVIRON LAND PURCHASE WATER AUTHORITY PUBLIC SCHOOLS BY STATE LAW BY LOCAL BOARD CITY OF CLERMONT ST JOHNS WATER MGMT 82,140 82,140 0 5.0364 0.00 821140 82,140 0 0.4629 0.00 82,140 82,140 0 0.0918 0.00 82,140 821140 0 0.3083 0.00 821140 82,140 0 3.2500 0.00 821140 82,140 0 2.9980 0.00 82,140 82,140 0 5.0600 0.00 82,140 82,140 0 0.1974 0.00 ----------------------------------------------------------------------------------------------------------------------- TOTAL: 17.4048 $0.00 ----------------------------------------------------------------------------------------------------------------------- NON-AD VALOREM ASSESSMENTS: $0.00 COMBINED TAXES AND ASSESSMENTS: $0.00 Jun 30, 2023 i TANNEY BARBARA A 951 EAST AVE CLERMONT, FL 34711-2531 CLERMONT BEG SW COR LOT 4 RUN E 200 FT, N 113.2FT,WTOPOINTNOFPOB,STOPOB, BLK P PB 3 PG 5 ORB 2946 PG 1666 Prepared by and return to: Janice Pietrowicz Legal Assistant Michael G. Horton. P.A. 3721 So. Highway 27 Suite A Clermont, FL 34711 352-3944008 File Number: 23-0538 (Space Above This Line For Recording Data] Personal Representative's Deed This Personal Representative's Deed made this 31st day of August, 2023 between Thomas Carl Herda as Personal Representative of the Estate of Barbara A. Tanney whose post office address is 951 East Avenue, Clermont, FL 34711, grantor, and City of Clermont, a Florida municipal corporation whose post office address is PO Box 120219, Clermont, FL 34712, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida, to -wit: Begin at the SW corner of Lot 4, Block P, according to the Map of Clermont, filed May 8, 1915, and recorded in Plat Book 39 Page 59 Public Records of Lalce County, Florida, and run North along the West boundary line of said Lot 4, 113.2 feet more or less, to a point 230 feet South of the Northwest corner of Lot 3, Block P, Clermont, according to the above described map; run thence East parallel to the North line of said Lot 3, 200 feet, thence South 113.2 feet to the South line of said Lot 4, thence West 200 feet to the Point of Beginning in Lake County, Florida. Parcel Identification Number: 24-22-25-0150-OOP-00401 Subject to taxes for 2023 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. This property was the homestead of Barbara A. Tanney at the time of her death. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever•. And the grantor hereby covenants with said grantee that the grantor has good right and lawful authority to sell and convey said land; that the grantor warrants the title to said land for any acts of Grantor and will defend the title against the lawful claims of all persons claiming by, through, or under Grantor. DoubleTime® In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wess Name: Janice Pietrowicz dress: 3721 So. Highway 27, Suite A Clermont, FL 37711 Witne"NarriAslleyKendrick Address: 3721 So. Highway 27, Suite A Clermont, FL 34711 State of Florida County of Lake Thomas Carl Herda, as Personal Representative of the Estate of Barbara A. Tanney The foregoing instrument was acknowledged before me by means of [X] personal presence or [ ]online notarization, this 31st day of August, 2023, by Thomas Carl Herda, as Personal Representative of the Estate of Barbara A. Tanney, who is [ ] personally known to me or [X] has produced a drivers license as identification. IU [Notary Seal] ij4 '' J ` ! (' 0 ill i11, '; t] i� Q J Q J ice Pietrowicz - Notary Seal YIO( ' I �). ej `�C115 My Commission Expires: February 5, 2025 F]raE�rii��i �1rtl 11s'iron Notary Personal Represenlalive's Deed -Page 2 DoubleTime® MICHAEL G. HORTON, P.A. 3721 SO. HIGHWAY 27, SUITE A CLERMONT, FL 34711 www.MGHPA.com Janice@MGHPA.com September 5, 2023 City of Clermont PO Box 120219 Clermont, FL 34712 Attn: Debra Rybarczyk Tanney to City of Clermont 951 East Avenue, Clermont, FL Our file No. 23-0538 Enclosed please find the following: o recorded warranty deed o recorded personal representative deed o original owner's policy of title insurance. If you should have any questions, please do not hesitate to contact me. Janice Pietrowicz Legal Assistant 4W �4Atl1JMENT#: 2023107930 OR BK 6204 PG 1542 PAGES: 2 9/5/2023 11:18:37 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $18.50 DEED DOC:$1399.30 Prepared by and return to: Janice Pietrowicz Legal Assistant Michael G. Horton. P.A. 3721 So. Highway 27 Suite A Clermont, FL 34711 352-394-4008 File Number: 23-0538 [Space Above This Line For Recording Datal Personal Representative's Deed This Personal Representative's Deed made this 31st day of August, 2023 between Thomas Carl Herda as Personal Representative of the Estate of Barbara A. Tanney whose post office address is 951 East Avenue, Clermont, FL 34711, grantor, and City of Clermont, a Florida municipal corporation whose post office address is PO Box 120219, Clermont, FL 34712, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida, to -wit: Begin at the SW corner of Lot 4, Block P, according to the Map of Clermont, filed May 8, 1915, and recorded in Plat Book 3, Page 5, Public Records of Lake County, Florida, and run North along the West boundary line of said Lot 4, 113.2 feet more or less, to a point 230 feet South of the Northwest corner of Lot 3, Block P, Clermont, according to the above described map; run thence East parallel to the North line of said Lot 3, 200 feet, thence South 113.2 feet to the South line of said Lot 4, thence West 200 feet to the Point of Beginning in Lake County, Florida. Parcel Identification Number: 24-22-25-0150-OOP-00401 Subject to taxes for 2023 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. This property was the homestead of Barbara A. Tanney at the time of her death. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor has good right and lawful authority to sell and convey said land; that the grantor warrants the title to said land for any acts of Grantor and will defend the title against the lawful claims of all persons claiming by, through, or under Grantor. DoubleTlme® I:JSTRUMENT# 2023107930 OR BOOK 6204/PAGE 1543 PAGE 2 of 2 In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: W ess Name: Janice Pietrowicz A dress: 3721 So. Highway 27. Suite A a�j Clermont, FL37711 1�j �,�,Ll�u'- Ashley Kendrick Address: 3721 So. Highway 27, Suite A Clermont, FL 34711 State of Florida County of Lake Thomas Carl Herda, as Personal Representative of the Estate of Barbara A. Tanney The foregoing instrument was acknowledged before me by means of [X] personal presence or [ ] online notarization, this 31 st day of August, 2023, by Thomas Carl Herda, as Personal Representative of the Estate of Barbara A. Tanney, who is[ J personally known to me or [X] has produced a drivers license as identification. ,auuut Rf"4j� Janice PietroWICZ [Notary Seal] a; ' ;'; Gofnm 11W077850 J tce Pietrowicz -Notary Seal ;•, w Xt)Irm: Feb. 1, 2025 My Commission Expires: February 5, 2025 Boy nod Thru Baron Notary Personal Representative's Deed - Page 2 DoubleTime® INSTRUMENT#: 2023107929 OR BK 6204 PG 1540 PAGES: 2 9/5/2023 11:18:37 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $18.50 DEED DOC:$0.70 Preaared by and return to: Janice Pietrowicz Legal Assistant Michael G. Horton. P.A. 3721 So. Highway 27, Suite A Clermont, FL 34711 352-394-4008 File Number: 23-0538 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 31st day of August, 2023 between Nancy Tanney, whose post office address is 12326 Teal Run Court, Jacksonville, FL 32258, grantor, and City of Clermont, a Florida municipal corporation whose post office address is PO Box 120219, Clermont, FL 34712, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/ 100 DOLLARS ($10,00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Lake County, Florida to -wit: Begin at the SW corner of Lot 4, Block P, according to the Map of Clermont, filed May 8, 1915, and recorded in Plat Book 3, Page 5, Public Records of Lake County, Florida, and run North along the West boundary line of said Lot 4, 113.2 feet more or less, to a point 230 feet South of the Northwest corner of Lot 3, Block P, Clermont, according to the above described map; run thence East parallel to the North line of said Lot 3, 200 feet, thence South 113.2 feet to the South line of said Lot 4, thence West 200 feet to the Point of Beginning in Lake County, Florida. Parcel Identification Number: 24-22-25-0150-OOP-00401 Subject to taxes for 2023 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. This property was the homestead of Barbara A. Tanney until the time of her death. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. DoubleTlme® •INSTRUMENT# 2023107929 OR BOOK 6204/PAGE 1541 PAGE 2 of 2 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: A Witness Name: Address: 3 1 G__� Nancy anney Witness Name: THP UPS Address: 13720 its ugi Suite 8 Jacksonville, FL 32258 90+202-7000-904.202-1211 State of Florida County of Viw) Zl�Oregoing instruiiiyt was acknowledged before me by means of [X] physical presence or [_] online notarization, this day of , 2023, by Nancy Tanney, who [_] is personally known to e or [X] has produced a drivers license as identification, [Notary Seal] N�Ory Public Printed Name: ;JOSH MCLENDON My Commission Expires: osla;,li -r)d./ 14 Commission # HH 393735 `%,r�,° Expires May 2, 2027 Quit Clniin Deed - Page 2 DoubleTime° AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. 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 Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE CONDITIONS, Old Republic National Title Insurance Company, a Florida corporation (the "Company"), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the 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. Covered Risk 2 includes, but is not limited to, insurance against loss from: a. a defect in the Title caused by: i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; ii. the failure of a person or Entity to have authorized a transfer or conveyance; iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a 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 the failure to have performed those acts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or viii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law, b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. C. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and complete land title survey of the Land. (continued on next page) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company %- 1408 North Westshore Blvd., Suite 900, Tampa, FL 33607 "1K (612) 371-1111 Arrest ( Sacretry SERIAL 021-7022071 Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida D1odifications) Page 1 of 8 07/01/2021 File Number: 23-0538 DoubleTime® 9.3 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Office File Number: Issuing Office's ALTA Registry ID: Issuing Agent: 23-0538 None 5173 Property Address: 951 East Avenue, Clermont, FL 34711 Name and Address of Title Insurance Company: Policy Number: 021-7022071 Issuing Office: Michael G. Horton. P.A. 3721 So. Highway 27 Suite A Clermont, FL 34711 �YIf X111191 W\ Old Republic National Title Insurance Company 1408 Westshore Blvd, Suite 900 Tampa, Florida 33607 Amount of Insurance: $199,900.00 Date of Policy: August 31, 2023 @ 10:00 AM 1. The Insured is: City of Clermont, a Florida municipal corporation 2. The estate or interest in the Land insured by this policy is: Fee Simple as shown by Deed from Thomas Carl Herda as Personal Representative of the Estate of Barbara A. Tanney, grantor(s), to City of Clermont, a Florida municipal corporation , grantee(s) dated 8/31/2023 to be recorded in the Public Records of Lake County, Florida, which conveys the Land. 3. Title is vested in: City of Clermont, a Florida municipal corporation 4. The Land is described as follows: Begin at the SW corner of Lot 4, Block P, according to the Map of Clermont, filed May 8, 1915, and recorded in Plat Book 3, Page 5, Public Records of Lake County, Florida, and run North along the West boundary line of said Lot 4, 113.2 feet more or less, to a point 230 feet South of the Northwest corner of Lot 3, Block P, Clermont, according to the above described map; run thence East parallel to the North line of said Lot 3, 200 feet, thence South 113.2 feet to the South line of said Lot 4, thence West 200 feet to the Point of Beginning in Lake County, Florida. Old Republic National Title Insurance Company 1408 Westshore Blvd, Suite 900, Tampa, Florida 33607, (612) 371-1111 AUTHORIZED SIGNATORY Michael G Horton Form 021 - Schedule A - ALTA Owner's Policy 2021 v 01.00 (with Florida Modifications) Page 1 of 2 07/01/2021 DoubleTime® 93 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy Number: 021-7022071 SCHEDULE B EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. General or special taxes and assessments required to be paid in the year 2023 and subsequent years. 2. Rights or claims of parties in possession not recorded in the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. 4. Easements, or claims of easements, not recorded in the Public Records. 5. Any lien, or right to a lien, for services, labor, or material furnished, imposed by law and not recorded in the Public Records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. All matters contained on the Plat of PLAT OF MAP OF THE TOWNSITE OF CLERMONT, as recorded in Plat Book 3, Page 5, Public Records of Lake County, Florida. 8. Standard exception numbers 2, 4 and 5 are hereby deleted. Form 021 - Schedule B ALTA Owner's Policy 2021 v 1.00 (with Florida Modifications) Page 2 of 2 07/01/2021 DoubleTime® 9.3 3. Unmarketable Title. 4. No right of access to and from the Land. 5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; c. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records 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 the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. DEFENSE OF COVERED CLAIMS 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. EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion La. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. Any defect, lien, encumbrance, adverse claim, or other matter: Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 2 of 8 a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. "Affiliate": An Entity: i. that is wholly owned by the Insured; ii. that wholly owns the Insured; or iii. if that Entity and the Insured are both wholly owned by the same person or entity. b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. c. "Date of Policy": The Date of Policy stated in Schedule A. d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and: i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or iii. asserts a right to enforce a PACA-PSA Trust. f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is located. g. "Insured": i. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization; (d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or (e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is: (1) an Affiliate; Form 021 -ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 3 of 8 (2) a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3) a spouse who receives the Title because of a dissolution of marriage; (4) a transferee by a transfer effective on the death of an Insured as authorized by law; or (5) another Insured named in Item I of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. "Insured Claimant": An Insured claiming loss or damage arising under this policy. i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this policy. k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. 1. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. in. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A. p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a. any litigation or other matter for which the Company may be liable under this policy; or b. any rejection of the Title as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. 4. PROOF OF LOSS The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice (subject to the right of the Insured to Form 021- ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01/2021 Page 4 of 8 object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured against by this policy. b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently. c. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in: i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter, as insured. If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition Ta., the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation. b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability and obligations to the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or continue any litigation. Form 021- ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 5 of 8 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of. i. the Amount of Insurance; or ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matter insured against by this policy. b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy. c. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as insured: i. the Amount of Insurance will be increased by 15%; and ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; ii. cures the lack of a right of access to and from the Land; or iii. cures the claim of Unmarketable Title, all as insured. The Company may do so by any method, including litigation and the completion of any appeals. b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, non -appealable determination adverse to the Title. c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data, if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and the amount so paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within 30 days. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 6 of 8 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. c. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: i. modify any prior endorsement, ii. extend the Date of Policy, iii. insure against loss or damage exceeding the Amount of Insurance, or iv. increase the Amount of Insurance. 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to conflicts of law principles to determine the applicable law. b. Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction. 17. NOTICES 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: 1408 North Westshore Boulevard, Suite 900, Tampa, Florida 33607. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 7 of 8