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Resolution No. 2024-006Rd✓
CLE ' NT CITY OF CLERMONT
Ch-aC. RESOLUTION NO.2024-006R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE
OF CERTAIN REAL PROPERTY LOCATED AT 929 EAST AVENUE
FROM STEVEN HAGE FOR USE BY THE CITY FOR CEMETERY
EXPANSION AND OTHER APPROPRIATE PUBLIC USES FOR THE
PURCHASE PRICE OF $325,000 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 929 East Avenue for public purposes
including expansion of the City's cemetery is in the best interests of the citizens of the city of
Clermont; and
WHEREAS, by appraisal dated October 8, 2023 completed by Gardner Consulting
Services, Inc., the property was valued at $325,000.
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 929 East Avenue, Clermont, FL for $325,000
plus one half of the applicable closing costs. 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 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
CLER - IT CITY OF CLERMONT
ch—d« RESOLUTION NO.2024-006R
SECTION 4: 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 5: 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 6: PUBLICATION AND EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
(S=
CLER CITY OF CLERMONT
oRd RESOLUTION N0.2024-006R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 23rd day of January 2024.
CITY OF CLERMONT
Tim Murry, Ma r
Tracy Ac yd Howe, MMC
City Clerk
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: Steven Haae. a sinale person ("Seller"),
2 and The City of Clermont Florida, a Florida municipal corporation ("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: 929 East Avenue. Clermont. Florida 34711
8 (b) Located in: Lake County, Florida. Property Tax ID #:
9 (c) Real Property: The legal description is The South 80 feet of the North 230 feet of the West 150 feet of Lots
10 3 and 4. Block P. Map of the Townsite of Clermont accordina to the map or plat thereof. recorded in Plat
11 Book 3, Pa_ge 5, Public Records of Lake Countv, Florida
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 frxture(s), drapery rods
18 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. Refrigerator, washer, dryer, interior door handles and
25 front pavers
26 PURCHASE PRICE AND CLOSING
27 2. PURCHASE PRICE (U.S. currency): ............................................................................................... $ 325.000.00
28 (a) Initial deposit to be held in escrow in the amount of (checks subject to Collection) ............ $ 4,000.00
29 The initial deposit made payable and delivered to "Escrow Agent" named below
30 (CHECK ONE): (i) ❑ accompanies offer or (ii) LJ is to be made within (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: Nash Law Firm PA
34 Address: 9296 Westlinks Terrace, Seminole, FL 33777 Phone: 407.992.3673
35 Email: nnash@dsklawgroup.com 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 321,000.00
42 transfer or other Collected funds (See STANDARD S)............................................................. $ 325-.000.00
43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: SPt
44 (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before
45 January 26.2024 , 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
,A
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53 this Contract, the Closing shall occur on March 13, 2024 or sooner if agreed upon ("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
60 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.
64 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) P 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)
80 and Seller's affidavit shall be provided pursuant to STANDARD D, except that tenant Estoppel Letters shall not
81 be required on seasonal or short-term vacation rentals. If Property is intended to be occupied by Seller after
82 Closing, see Rider U POST -CLOSING OCCUPANCY BY SELLER.
83 7. ASSIGNABILITY: (CHECK ONE): Buyer U may assign and thereby be released from any further liability under
84 this Contract; ❑ may assign but not be released from liability under this Contract; orLJ may not assign this Contract.
85 IF NO BOX IS CHECKED, THEN BUYER MAY NOT ASSIGN THIS CONTRACT.
86 FINANCING
87 8. FINANCING:
88 (a) This is a cash transaction with no financing contingency.
891 (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 U conventional U FHA ❑ VA or ❑ other
91 (describe) mortgage loan for purchase of the Property for a (CHECK ONE): iJ 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
98 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
108 of Loan Approval. Buyer authorizes Buyer's mortgage broker, lender, and Closing Agent to disclose such status
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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: See Additional Terms Section 20
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: See Additional Terms Section .90
155 (c) TITLE EVIDENCE AND INSURANCE: At least 15 (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
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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 ❑ (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 ❑ (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"
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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
244 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 (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.
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275 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior
276 to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and
277 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal
278 Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS
279 Maintenance Requirement and has met all other contractual obligations.
280 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection
281 of the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans,
282 written documentation or other information in Seller's possession, knowledge, or control relating to
283 improvements to the Property which are the subject of such open or needed permits, and shall promptly
284 cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to resolve
285 such permit issues. Seller's obligation to cooperate shall include Seller's execution of necessary authorizations,
286 consents, or other documents necessary for Buyer to conduct inspections and have estimates of such repairs
287 or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or become obligated to
288 expend, any money.
289 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and
290 cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties
291 to Buyer.
292 ESCROW AGENT AND BROKER
293 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds
294 and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow
295 within the State of Florida and, subject to Collection, disburse them in accordance with terms and conditions of this
296 Contract. Failure of funds to become Collected shall not excuse Buyer's performance. When conflicting demands
297 for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such
298 actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities
299 under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties
300 agree to its disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of
301 the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An
302 attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying all
303 parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
304 accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
305 provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through mediation,
306 arbitration, interpleader or an escrow disbursement order.
307 In any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder,
308 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
309 attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent
310 shall not be liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to
311 Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or
312 termination of this Contract.
313 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition,
314 square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate
315 professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property
316 and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the
317 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or
318 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
319 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND
320 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL,
321 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the "Indemnifying Party") each
322 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and
323 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees at
324 all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection with
325 or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of
326 information provided by the Indemnifying Party or from public records; (ii) Indemnifying Parry's misstatement(s) or
327 failure to perform contractual obligations; (iii) Broker's performance, at Indemnifying Party's request, of any task
328 beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral,
329 recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services
330 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such vendor.
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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
344 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.
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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
398 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
400 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
404 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
408 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.
411 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 occupant(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
428 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
440 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,
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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
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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 1st of year of Closing, which improvements were not in existence on January list
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
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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
J M.
Defective Drywall
❑ X.
Kick -out Clause
❑ B.
Homeowners' Assn.
LJ 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
❑ 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
J EE.
PACE Disclosure
❑ K.
RESERVED
❑ V.
Sale of Buyer's Property
J Other:
❑ L.
RESERVED
❑ W.
Back-up Contract
Buyer's Initials Page 11 of 13 Sellers Initials
FloridaRealtors/Flo aBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved.
Licensed to Alta Star Software and ID1826326.471488
Software and added formatting © 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898
590
591
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610
611
20. ADDITIONAL TERMS: Seller's
Buyer and Seller shall equally split all closinq costs except for prorations which shall be paid as specified in
this Contract. Buver shall be solely resDonsible for Buver's Closina Costs.
The Closing may occur earlier than specified in this Contract if the Buyer and Seller agree on an earlier date.
The inspection Period shall end on February 26, 2024.
The Clermont City Manager, Brian Bulthuis, is hereby authorized to execute all documents to close the sale
and purchase of the Property.
COUNTER-OFFER
0 Seller counters Buyer's offer.
[The remainder of this page is intentionally left blank.
This Contract continues with Line 612 on Page 13 of 13.]
Buyer's Initials C Page 12 of 13 Sellers Initials
Florida Rea ltors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida RealtorsO and The Florida Bar. All rights reserved.
Licensed to Alta Star Software and ID1826326.471488
Software and added formatting © 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898
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 At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the
629 Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under
630 the Act.
The City of Clermont Florida, a Florida municipal corporation
631 Buyer: � � Date:
The City of Clermont Florida, a Florida municipal corporation
632 Buyer: Date:
sy
633 Seller: --'' Date: t o 7
Steven Hage, a single person
634 Seller: Date:
635 Buyer's address for purposes of notice Seller's address for purposes of notice
636 929 East Avenue, Clermont, Florida 34711 685 West Montrose Street Clermont, Florida 34711
637
638
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 N/A N/A
646 Cooperating Sales Associate, if any Listing Sales Associate
647
648 Cooperating Broker, if any Listing Broker
Buyer's Initials Page 13 of 13 Sellers Initials 50vt
FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved.
Licensed to Alta Star Software and ID1826326.471488
Software and added formatting © 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person To inform the Buyer that withholding of tax is not required
upon purchase of the above described property, Seller certifies the following:
A Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate
for purposes of United States federal income taxation.
B. Seller's U.S. Taxpayer Identification Number is-
C. Seller's address is:
D. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf
of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is we and correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Nash Law Firm P.A. and Old Republic National Tide Insurance
Company/ATFS to issue title insurance on the subject property, with the knowledge that said title companies are relying
upon the statements act forth herein. Seller hereby holds Nash Law Firm P.A. and Old Republic National Title
Insurance Company/ATFS harmless and fully indemnifies same (including but not limited to attorneys' fees, whether
suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the
matters or forth herein "Afftant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller
further smog that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United
States and the State of Florida for falsely swearing to statements made in an instrument of this nature Seller further certifies
that he/she has read, or heard read, the full facts of this Affidavit and understands its context
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Steven halre
State of Florida
County of Lake
The f�ooeS oing instrument was sworn to and subscribed before me by means o physics e or [� online notarizatioq
thisS'^ day of March, 2024 by Steven Hage who [� is personally own or as produ d a drivels license as
identification.
[Seal] Notary Puvblic _
Print Name: "'ANL e \ IYVi(l1
My Commission Expires:
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DANIELF.KM7MIS
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File Number. 240029 Closing AlTdavit(Shcvr) Pagc2
CERTIFICATE OF NON -FOREIGN STATUS
(Individual)
Section 1445 of the Internal Revenue Cade provides that a nransfere (Buyer) of a U.S. real property interest must withhold tax if the
transferor (Seller) is a foreign person. To inform the transferee (Buyer) that withholding of tax is not required upon my disposition of
a U.S. real property interest, I Steven Rage, hereby certify the following:
1. I am not a nonresident alien for purposes of U.S. income taxation.
2 My U.S taxpayer identifying number ismd�
3. My home address is,
1 understand that this certification spay be disclosed to the Internal Revenue Service by the transferee and that any false statement I have
made here could be punished by fine, imprisonment, or both.
Under penalties of perjury 1 declare that I have examined this certification and to the best of my knowledge it is true, correct and
complete.
Dated: March S 2024
Steven Rage
Bill of Sale
This Bill of Sale, made on March 5th, 2024, between Steven Hage, a single man ("Seller'), and The City of Clermont
Florida, a political subdivision of the State of Florida, ('Buyer").
W itnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration
paid to Seller by Buyer, receipt and sufficiency of which is hereby acknowledged, delivers, grants, bargains, sells and transfers
forever to Buyer the following goods and chattels, to wit:
Said properly being located at
The South 80 feet of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE
TOWNSITE OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 3, Page
5-S, Public Records of Lake County, Florida.
Also known as 929 East Avenue, Clermont, FL 34711
Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are free from all encumbrances;
that Seller has good right to sell that property, and that Seller will warrant and defend the sale of said property, goods and
chattels unto the Buyer against the lawful claims and demands of all persons whomsoever.
"Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal
representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits.
St
everflage
State of Florida
County of Lake
The foregoing instrument was acknowledged before me by means of t h cal presenc o online no 'zation, this
6-411
day of March, 2024 by Steven Base who [] is personally known or pr uced a d es license as i entification.
[Seal]
Print
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Closing File Number: 24-0029
Closing Affidavit
(Seller)
Before me, the undersigned authority, personally appeared Steven Rage, a single man ("Affrant"), who being by me first
duly sworn, on oath, deposes) and say(s) that:
1. Steven Hage, a single man ("Seller"), is the owner of and is selling the following described property to The City of
Clermont Florida, a political subdivision of the State of Florida, ("Buyer"), to wit:
The South 80 feet of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE
TOWNSITE OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 3, Page 5-S,
Public Records of Lake County, Florida.
2. The above described property is free and clear of all lien, taxes, encumbrances and claims of every kind, nature and
description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate
and personal property taxes for the yew 2024, which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving
the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborers
liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to , which affect title
to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said
date except as may have been disclosed to Nash Law Firm P.A. in writing, and Seller has no knowledge of any matter
affecting title to the Property.
5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold
free and clear of all lien.. encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal
or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in
this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in
possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the frontiers used in closing the transfer and conveyance of the above described property to said buyers, then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property
has been in compliance with the applicable building codes, ordinances and statutes.
10, Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety (90) days.
11. There are no actions or proceedings now pending in any Slate or Federal Court to which the Seller is a party, including but
not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or
executions of any =lure which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property.
Fite Numb,. 24-0029
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of United States real property
interest must withhold tax if the Seller is a foreign person To inform the Buyer that withholding of tax is not required
upon purchase of the above described property, Seller certifies the following:
A. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate
for purposes of United States federal income taxation.
B. Seller's U.S. Taxpayer Identification Number iMEEME01
C. Seller's address is
D. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf
of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is me and correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Nash Law Firm P.A. and Old Republc National Tide Insurance
Company/ATFS to issue title insurance on the subject property, with the knowledge that said title companies are relying
upon the statements set forth herein. Seller hereby holds Nash Law Firm P.A. and Old Republic National Title
Insurance Company/ATFS harmless and fully indemnifies same (including but not limited in attorneys fees, whether
suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the
matters set forth herein. "Affianf, "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller
further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United
States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies
that he/she has read, or heard read, the full facts of this Affidavit and understands its context
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Steve»�Ilage
State of Florida
County of Lake
The foing instrument was sworn to and subscribed before me by means o physics seur`or [, online notarization,
this * day of March, 2024 by Steven Hage who (_] is personally own or tas produo d a driver's license as
identification.
[Seal] Notary Pu he _
Print Name::1�1NI C 1, QSl t 4
My Commission Expires: i/2 20' L/
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File Nuttier 2411029 Closing Affidavit (Biller) Paget
CERTIFICATE OF NON -FOREIGN STATUS
(Individual)
Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the
transferor (Seller) is a foreign person. To inform the transferee (Buyer) that withholdmg of tax is not required upon my disposition of
a U.S. real property interest, 1 Steven Hage, hereby certify the following:
1. 1 am not a nonresident alien for purposes of U.S. income taxation.
2. My U.S. taxpayer identifying number i�
3. My home address is:
1 understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement 1 have
made here could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge it is true, correct and
complete.
Dated: March S 2024
Steven Hage
Prefaced by and mum to:
Norman W. Nash, Esq.
Nash Law Firm P.A.
332 North Magnolia Avenue
Orlando, FL 32801
(407)992-3673
File Number: 24-0029
Will Call No.:
This Line
Warranty Deed
This Warrantv Deed made this 5th dav of March, 2024 between Steven Huge, a single man whose post office address
is grantor, and The City of Clermont Florida, a political subdivision of the
State of Florida, whose post office address Is 685 West Montrose Street, Clermont, FL 34711, grantee:
(whenever used herein the leans 'gnome end "gmmev" nelem all die gamey to the nafumentand tm heirs, legal nynserreliva,anJ assigns of individuals,
and the successor and assigns of corron tow. nests and Wste )
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable considerations to acid grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has
granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,
lying and being in Lake County, Florida to -wit
The South 80 feel of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE
TOWNSITE OF CLERMONT, according to the map or plat thereof as recorded in Plat Bank 3, Page
5-S, Public Records of Lake County, Florida.
Parcel Number: 24-22-25-0150-OOP-00302
Together with all the tenements, herediu ments and appurtenances thereto belonging or in anywise appertaining
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above wnnen
Signed, sealed in our presence:
land Mdelivered
Steven Na e
Pr1b1$5
l a dram
Printed Name:
P.O. Address: 1p i'A0 Sfsf-
lPrma
DLL,.. I'h- P54nti
Witness IL
Printed Name (11 120
P.O. Address: 4O. S
L
State of Florida
County of lake //
The foregoing instrument was acknowledged before me by means of [sj ►}yet presenc or i notarization, this
day of March, 2024 by Steven Hage who [ j is personally known or [i roduced a driv s license identification.
[Seal] Notary Puh�i
Print Name:`PAA1e� Ar YsN�/-uC v1
My Commission Expires: �� 7 / n9 V
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OANIEL0.4AHMAW
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Expires MyZ2024
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File N.m .244)029 Wavanty D,.W Pagel
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FILERS came ,~a mews. city wlam. pate wpmWme. conby.LP or hate of closing qAa No 15,150997
rory� Iwpm wee. am uleplrne camber
03/512024
Nash Law Firm P.A.332
Magnolia Avenue
202,4 Proceeds From Real
aro•ep,waea, Lei
Orlando
Orlando FL 32801
Estate Transactions
(407) 422.2454
$ 325,000.00 Form 1099-5
FILERS alldea;ficamn number
umber
a Address or legal dexnfil
Copy
45-401884
929 East Avenue
For Translator
Clermont FL 34711
The ;albeth as
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Form 1099S (keep for your records)
vrwwirs govH0rtn10995 Depar eM of the Treasury- Internal Revenue Service
Instructions for Transferor
For sales or exchanges of certain real estate, the person responsible for
closing a real estate transaction must report the real estate proceeds b
Me IRS and must furnish this statement to you. To determine if you
have to report the sale or excliange of your main hone on your tax
realm, see the instructions for Schedule D (Form 1040). If the mat
estate was not your main home, report the mansaotion on Form 4797,
Form 5252, and/or the Schedule o for Me appropriate inwrre tax form.
If box 4 is checked and you recaved or wall receive like -kind property.
you must file Farm 8824.
Federal mortgage subsidy. You may have to recapture (pay bad) all
or pad of a federal mortgage subsidy if all the following apply.
•You received a loan provided from the proceeds of a qualified
mortgage band or you revived a mortgage coedit c rmficate.
•Your original mortgage loan was provided after 1990
•You sold or disposed of your home at a gain during the first 9 years
after you metal Me federal mortgage subsidy.
•Your income for the year you sold or disposetl of your home was over
a specified amount.
This will increase your tax. See Form 8826 and Pub 523.
TmnsferoYa taxpayer identification number. For your protector, Ms
form may army only me last bur digits of your social seat"y number
(SSN), individual taxpayer identifirafion number (ITIN), adoption
taxpayer identification number (ATIN). or employer identification number
(EIN) Havener, Me issuer has reported your complete tderttfivtion
number to ire IRS.
Account number. May show an account or otter unique number the
filar assigned to distinguish your account.
Box 1. Shoes Me date of closing.
Box 2. Shows Me gross grovel from a real estate transaction,
generally the sales price Gross proceeds include man and notes
payable fo you, ivies assumed by the transferee (buyerl, and any notes
paid oft at settlement. Box 2 does not include the value of other property
or services you received or will receive. See Bex 4.
Box 3. Shows Me address or legal descrpion of Me property
transferred.
Box 4. If marked, shows Mat you received or sill receive Servkes or
property (other than cash or poles) as part of the comideraton for the
property transferred. The value of any senores or property (other than
cash or rates) Is not Included In box 2.
Box 3. If checked, straws that you are a foreign person m rrestlent
alien, foreign partnership, foreign estate, or foreign trust).
Box S. Shoves certain real estate tax on a residence charged to Me
buyer at settlement. If you have already pad the real estate tax for the
period Mat includes the sale date, subbed the amount in box 8 from the
amount already paid to determine your deductible real estate tart. But d
you have already deducted the real estate tax in a prior year, generally
repo" the amount as income on the "Other Income" line of the
approp"ate income tax form. For more information, see Pub. 523, Pub.
525, and Pub. 530.
■ e s,
FnER'Srenre W Mdras,.w twn.WleorpmNwa.mu ,ZlPor
lumen poYel mtle, aid telephone number
Nash Law Firm P.A.
332 North Magnolia Avenue
Orlando FL 32801
(407)422.2454
❑ CORRECTED
1 Daleolcknes OMB No 15,1"997
0315I2024
g Gmssibroc de 2024
$ 325,000.00 Form 1099-S
Werlifi[e0dn number number
bAleu
45--$fe]erel �on
45--401884
e
9 9 East
929 East Avenue
Clermont FL 34711
TMN$FEftOR5 Name
Steven Hage
CRY. sure. and ZIP mal
Clermont FL 34711
24-0029
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SELLER SETTLEMENT STATEMENT
Property: 929 East Avenue, Clermont, FL 34711
Closing and Disbursement Date: March 5, 2024
Seller: Steven Hage
Buyer: City of Clermont, Florida
Closing Agent: Nash Law Firm PA
9296 Westlinks Terrace
Seminole, FL 33777
DEBIT
Prory taxes Jan. 1 to March 5 $391.15
Title Insurance Premium— Old Republic National $1,700.00
Title Insurance Company/Attomeys Title Fund
Services LLC
Munici al lien search—S line Lien Search $158.00
Title search fee — Attomeys itle Fund Services LLC $150.00
Florida Documentary tax on Deed $2,275.00
Total Seller closing costs before credit $4,674.15
1 Credit one-half of total Seller costs f
I Mort2me. payoff— Freedom Mortgage $170,088.13 1
I Total Seller credits
1 $327,337.07
Total Seller debits
-$172,425.21
1
Total due to Seller
1
$152,574.79
Seller:
Steven H e
Closing Affidavit
(Hover)
Before me, the undersigned authority, personally appeared The City of Clermont Florida, a political subdivision of the State
of Florida, ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that
I. The City of Clermont Florida, a political subdivision of the State of Florida, ("Buyer"), is purchasing the following
described property from Steven Hage, a single man ("Seller"), to wit:
The South SO feet of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE TOWNSITE
OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 3, Page SS, Public Records
of Lake County, Florida.
2. There are no mattes pending against the Buyer that could give rise to a lien that would attach to the property prior to the
recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to
be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer and
no bankruptcy proceedings are currently pending with respect to Buyer.
3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid, (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, nix lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commilmem and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but non limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Nash Law Firm P.A. and Old Republic National Title Insurance
Company/ATFS to issue title insurance on the subject property, with the knowledge that said title companies me relying
upon the statement.% set forth herein.
g. Buyer hereby holds Nash Law Firm P.A. and Old Republic National Title Insurance Company/ATFS harmless and
fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all
appellate levels, and court costs and other litigation expenses) with respect to the mattersset forth herein. "Affiant", "Seller"
and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and
with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements
made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its
context.
Under penalties of perjury, ) declare that I have read the foregoing Affidavit and that the facts stated in it are true.
The City of Clermont Florida, a political subdivision of
the State of Florida
By:
Brian Bulthuis, City Manager
State of Florida
County of lake
The foregoing instrument was swoon to and subscribed before me by means of �hysical presence or [] online notarization,
this�day of March, 2�24 by Brian Bulth nis, City Manager of The City of Clermont Florida, a political subdivision of the
State of Florida who [VI is personally known or [_] has produced
//a��dri�ver's license as identification.
[Seal] UEBNA M. RYBNRCZII( Notary Public lJ
Notary Public Print Name: ]� ft fYl. R.(abQ.r�z�(k
State of Florida My Commission Exoires: 1 fS 2(
i Commil HH265339 r '
E 19 Expires 5/18/2026
File Nuin c 244x129 Ciming Affidavit (Buyer) _ Page 2
BUYER SETTLEMENT STATEMENT
Property: 929 East Avenue, Clermont, FL 34711
Closing and Disbursement Date: March 5, 2024
Seller: Steven Hage
Buyer: City of Clermont, Florida
Closing Agent: Nash Law Firm PA
9296 Westlinks Terrace
Seminole, FL 33777
DEBIT CREDIT
Sales Price $325,000.00
Property taxes Jan. 1 to March 5 $391.15
Escrow, deposit $4000.00
Credit to Seller for one-half Seller closing costs $2,337.07
Closing fee — Nash Law Firm PA $850.00
Wire/FedEx fee —Nash Law Firm PA $150.00
Third party processing fee — Attorney Closing Services $500.00
LLC
E-record fee —Nash Law Firm PA $10.00
Recording fee —Deed $18.50
Total debits-$328,865.57
Total credits S4,391.15
Total due from Buyer $324,474.42
Buyer:
The City of Clermont Florida, a political
subdivision of the State of Florida
By:
Brian Bulthuis, City Manager
Closing Statement Addendum
Seller:
Steven Rage, a single man
Buyer:
The City of Clermont Florida, a political subdivision of the State of Florida,
Property:
929 East Avenue, Clermont, FL 34711
Closing Agent:
Nash Law Firm P.A.
Closing Date:
March 5, 2024
File Number:
24-0029
TAX RE -PRORATION AGREEMENT: If the most recent property max bill issued does not cover through the closing date,
then the tax proration set forth on the settlement statement are based upon an estimate. The basis of proration asset forth on
the settlement statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed that the actual
taxes, if different, will be adjusted between the parties upon demand. Closing Agent is not liable or responsible for adjustment
or re -proration of taxes. Closing Agent is not responsible or liable for additional taxes, other charges or tax refunds, if any,
and shall not be liable should any of the parties to this transaction fail or refuse to re -prorate the taxes.
AGREEMENT TO COOPERATE: If requested by Lender (if any), Closing Agent, Title Agent or Title Underwriter, the
parties agree to fully cooperate and adjust for clerical mom, including the execution or re -execution of any reasonable
documentation and/or the remittance of any additional sums.
HOMEOWNER'S/CONDOMINIUM ASSOCIATIONS: The Buyer(s) acknowledge(s) the existence of any homeowner's
and/or condominium associations) and is aware that monthly, quarterly or annual maintenance assessments may be due to said
association(s). Said associations) may also have the authority to regulate and enforce community covenants and restrictions.
The Buyer hereby acknowledges receipt of a copy of arty association estoppel letters for the subject transaction.
MISCELLANEOUS: Closing Agent does not make any representations or warranties nor assumes any liability with respect
to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure
hazard insurance coverage prior to completion of closing. If a survey was prepared for the subject transaction, then the Buyer
hereby acknowledges receipt of a copy thereof. The buyer has reviewed said survey and accepts title subject to the matters set
forth thereon. Buyer has received and reviewed the proposed deed and is satisfied with and approves the manner which title is
being held.
DISBURSEMENT AUTHORIZATION, ETC.: Closing Agent does not adjust or assume liability for charges for water,
rents, gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service/maintenance contracts
(pest control, appliance maintenance, pool care, lawn care, alarm systems, etc.), association assessments or dues, or estoppel
information famished by mortgagees or others. The settlement statement has been reviewed and approved and Closing Agent
is irrevocably authorized and directed to complete the closing of the transaction and make disbursement in accordance
therewith. In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller
hereby assigns all right, title and interest in said account to Buyer. Seller, Buyer, and Borrower are used for singular or plural,
as the context so requires or admits. This Agreement is being provided as an inducement for Closing Agent to serve as the
closing agent and for Title Agent and Title Underwriter to issue title insurance on the subject transaction.
PAYOFFS: Seller(s) acknowledges that any and all mortgage payoff statements received by Nash Law Firm P.A.
from current mortgagee(s) may be subject to said mortgagee's final audit after receipt of the payoff funds resulting in a demand
by said mortgagee(s) for additional funds. Seller(s), upon request, agree to forward said funds immediately.
Buyer:
The City of Clermont Florida, a political subdivision of
the Stale of Florida
�
By:
Brian Bulthuis, City Manager
Seller:
Steven Tinge
P., 2
Florida
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INSTRUMENT#: 2024026791 OR BK 6296 PG 218 PAGES: 2 3/7/2024 9:54:11 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $18.50 DEED DOC:$2275.00
Prepared by and return to:
Norman W. Nash, Esq.
Nash Law Firm P.A.
332 North Magnolia Avenue
Orlando, FL 32801
(407) 992-3673
File Number: 24-0029
Will Call No.:
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 5th day of March, 2024 between Steven Hage, a single man whose post office address
is 1569 Sherbrook Drive, Clermont, FL 34711, grantor, and The City of Clermont Florida, a political subdivision of the
State of Florida, whose post office address is 685 West Montrose Street, Clermont, FL 34711, 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 of 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 grantee's heirs and assigns forever, the following described land, situate,
lying and being in Lake County, Florida to -wit:
The South 80 feet of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE
TOWNSITE OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 3, Page
5-S, Public Records of Lake County, Florida.
Parcel Number: 24-22-25-0150-OOP-00302
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to .
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
INSTRUMENT# 2024026791 OR BOOK 6296/PAGE 219 PAGE 2 of 2
Signed, sealed and delivered in our presence:
Steven H4e
Witness
Printed Name:i Vi W j h U m
P.O. Address: lQ V) ;�1/L —D A N �( S
rr)
Witness
Printed Name j(Y1.... ._ bQYL2 I
P.O. Address:.,(0 5 47 ,1 b71 •s
State of Florida
County of Lake
The foregoing instrument was acknowledged before me by means of CZ P i' 1 presenct cr [Joahvq notarization, this —
day of March. 2024 by Steven Hage who [ ] is personally known or [ roduced a dnvgfs license identification.
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[Seal) Notary' L
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My Commission Expires: "7 /
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File Number. 24-W29 Warranty Deed — Page 2
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
(612) 371-1111
T 8y / ' Resident
Attest h"4 tJ4 Swetary
SERIAL 021-7046328
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) Page I of 8
07/01/2021 File Number: 061820 DoubleTime® 9.4
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 l.a. or Lb.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. 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.
m. "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 tern "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 7.a., 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.
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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.
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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.
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18. ARBITRATION
a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with
issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction
giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured.
Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association
("ALTA Rules"). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as
appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American
Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org.
b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this
Condition 18, then only that request for particular relief may be brought in court. All other requests for relief remain
subject to this Condition 18.
c. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the
parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The
arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator
must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon
the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction.
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)'
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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:
061820 None 37306
Property Address:
929 East Avenue, Clermont, FL 34711
Name and Address of Title Insurance Company:
Issuing Office:
Nash Law Finn PA
9296 Westlinks Terrace
Seminole, FL 33777
SCHEDULE A
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900
Tampa, Florida 33607
Policy Number:
Amount of Insurance: $325,000.00
Date of Policy: March 7, 2024 @ 09:55 AM
1. The Insured is: City of Clermont
2. The estate or interest in the Land insured by this policy is: Fee Simple as shown by instrument recorded as Document
No. 2024026791 in Official Records Book 6296, Page 218, of the Public Records of Lake County, Florida.
3. Title is vested in: City of Clermont
4. The Land is described as follows:
The South 80 feet of the North 230 feet of the West 150 feet of Lots 3 and 4, Block P, MAP OF THE TOWNSITE OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 3, Page 5-S, Public Records of Lake
County, Florida.
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900, Tampa, Florida 33607-8601, (612) 371-1111
ANRIZED SIGNATORY
Norman W. Nash, Esq.
Form 021 - Schedule A - ALTA Owner's Policy 2021 v 01.00 (with Florida Modifications) Page 1 of 2
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Policy Number:
AMERICAN LAND TITLE ASSOCIATION
O WNER'S POLICY
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
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:
I . General or special taxes and assessments required to be paid in the year 2024 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. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority,
for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described
herein; and any lien for waste fees in favor of any county or municipality.
8. All matters contained on the Plat of MAP OF THE TOWNSITE OF CLERMONT, as recorded in Plat Book 3, Page 5,
Public Records of Lake County, Florida.
9. Standard exceptions 1, 2(b), and 2(c) are hereby deleted.
Form 021 - Schedule B ALTA Owner's Policy 2021 v 1.00 (with Florida Modifications) Page 2 of 2
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