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2474 Purchase of real property at 2416 Oak AveSTENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A. ATTORNEYS AND COUNSELORS AT LAW WILLIAM L. COLBERT LONNIE N. GROOT FRANK C. WHIGHAM 300 INTERNATIONAL PARKWAY SUITE 100 DAVID W. HALL KENNETH W. McINTOSH LAKE MARY, FLORIDA 32746 JULIANNA E. GROOT -RETIRED- PHONE: (407) 322-2171 ROBERT K. McINTOSH FAX: (407) 330-2379 -RETIRED- WWW.STENSTROM.COM March 23, 2023 City of Sanford Attn: Traci Houchin, MMC, FCRM, City Clerk 300 North Park Avenue Sanford, Florida 32771 Re: Purchase of real property located at 2416 Oak Avenue, Sanford, Florida 32771 from David and Amy Krazeise Dear Madam City Clerk: Please find enclosed the below listed documents: > original recorded Owner's Survey Affidavit; > original recorded Warranty Deed; and > original Owner's Policy of Title Insurance. This completes this matter. As always, it is our pleasure to be of assistance to the City. Sincerely, STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A. ��'Ja�zie�le Danielle LaVerde, Real Estate Paralegal to Lonnie N. Groot, Assistant City Attorney Enclosures SERVING CENTRAL FLORIDA —SINCE 1954 - Prepared by and return to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Suite 100 Lake Mary, Florida 32746 STATE OF FLORIDA ) COUNTY OF SEMINOLE ) SEMINOLE CO OM GRANT MALOY, COMPTROLLER CLERK OF CIRCUIT COURT & 1790-179`I(2P9s) CFN# 20230243 40 Bk:'104 ra by Jeckenroth REC. 03M71202310:45 RECORDING FEES $,11-50 OWNERS SURVEY AFFIDAVIT Before me, the undersigned authority, personally appeared David A. Krazeise and Amy J. Krazeise, husband and wife (hereinafter collectively referred to as "Affiants"), who, being duly sworn according to law, deposes and says: 1. Affiants are the owners of the property whose street address is 2416 Oak Avenue, Sanford, Florida 32771, which is legally described as follows: Lots 83 and 84, Franklin Terrace, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 78, of the Public Records of Seminole County, Florida. (hereinafter referred to as the "Property") 2. Affiants have reviewed a copy of the following described survey of the Property: Surveyor: Bradley Cox & Associates Land Surveying Date of Survey: September 21, 2018 Job Number: BCA21416 3. No building, addition, pool, porch, deck, fence, wall, shed, driveway or other improvement has been constructed upon the Property that is not shown on the above -referenced survey. 4. To the best of Affiants' knowledge, no building, addition, pool, porch, deck, fence, wall, shed, driveway or other improvement has been constructed upon the adjoining land that encroach upon the Property. 5. Affiants have not granted any right of way or easement of any nature across the Property and, except as may be reflected in the public land records of the county where the Property is located, has no knowledge of anyone claiming an easement or right of way across the Property. 6. Affiants have no knowledge of any boundary line discrepancy or dispute. 7. Affiants understand that the title company issuing title insurance covering the Property will rely upon the statements contained in this affidavit. 8. Under penalties of perjury, Affiants declare that they has read the foregoing document and that the facts stated in it are true. avid A. Krazeise Anly J. Kr z is'P Sworn to and subscribed before me by means of {v} physical presence or { } online notarization, this 16th day of March, 2023, by David A. Krazeise and Amy J. Krazeise, husband and wife, who have produced as identification. (Affix Notary Sea[) n 1 Notary Public; State of Florida ==a VERDE *: *_ HH 092802, 2025BOIC VIIdB11MtiI9fS Danielle R. LaVerde Typed Name Owners Survey Affidavit Page 2 of 2 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2023024341 Bk:10406 Pg:1792-1793(2Pgs) REC: 03/17/2023 10:45:01 AM by jeckenroth RECORDING FEES $18.50 Prepared by and Return to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Suite 100 Lake Mary, Florida 32746 (Not the preparer of the legal description attached hereto) Parcel ID: 36-19-30-539-0000-0830 Note to Clerk of the Circuit Court and Comptroller: This instrument has been executed and delivered under threat of condemnation or in settlement of condemnation proceedings affecting the property described in this instrument. Therefore, this instrument is exempt from documentary stamp tax. See Rules 12B-4.014(13) and 12(B)-4.013(4), Florida Administrative Code (2021). WARRANTY DEED THIS WARRANTY DEED made the 16th day of March, 2023, by David A. Krazeise and Amy J. Krazeise, husband and wife (hereinafter collectively referred to as "Grantors") to the City of Sanford, a Florida municipal corporation, (hereinafter referred to as "Grantee") whose address is 300 North Park Avenue, Sanford, Florida 32771. iurz 3CY THAT GRANTORS, for and in consideration of the sum of Ten Dollars and no/100 ($10.00), and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee all that certain land situate in Seminole County, Florida, viz: Lots 83 and 84, Franklin Terrace, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 78, of the Public Records of Seminole County, Florida. (hereinafter referred to as the "Property") TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO easements, restrictions and reservations of record, if any. However this reference thereto shall not serve to reimpose same. TO HAVE AND TO HOLD, the same in fee simple forever. AND GRANTORS hereby covenant with Grantee that Grantors are lawfully seized of the Property in fee simple; that Grantors have good right and lawful authority to sell and convey the Property, and hereby warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever; and that the Property is free of all encumbrances. Together with all common law covenants of title, this conveyance includes the covenant of further assurances. IN WITNESS WHEREOF, Grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of witnesses: ts f-0- 0 Z --4\k v Signature ofIns #1 etavid A. Krazeise Printed Name bf WitnIess #1 Signature of Witness #2 Printed Name of Witness #2 STATE OF FLORIDA ) COUNTY OF SEMINOLE ) 14"J Amy J. KrazIse 24160 ,Jlenue Sanford, Florida 32771 (Address of Grantor) I HEREBY CERTIFY that on this 16th day of March, 2023, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared David A. Krazeise and Amy J. Krazeise, husband and wife, by means of {v1} physical presence or { } online notarization, who are known to me to be the persons described herein and who executed the foregoing instrument, who acknowledged before me that they executed the same, and who { } are personally known by me or who { } produced _ as identification. (Affix Notary Seal) j Notary Public; State of Florida iin'rvu DANIELLE R. LAVERDE ,. MY COMMISSION # HH 092802 Danielle R. LaVerde EXPIRES: March 26, 2025 Typed Name �'EOF FIOQ' gpndj Thru Notary Public Under* t m Warranty Deed Page 2 of 2 Admmbk Commonwealt1i SAND TITLE 14SURANCE COMPANY Policy No.: 33994-2-H-65,682-2023.8151209-229773506 ALTA OWNER'S POLICY OF TITLE INSURANCE Issued by COMMONWEALTH LAND 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 boundary line overlap, or encroachment EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE (including an encroachment of an improvement B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE across the boundary lines of the Land), but INSURANCE COMPANY, a Florida corporation, (the only if the encumbrance, violation, variation, "Company") insures as of the Date of Policy and, to the adverse circumstance, boundary line overlap, extent stated in Covered Risks 9 and 10, after the Date of or encroachment would have been disclosed by Policy, against loss or damage, not exceeding the Amount an accurate and complete land title survey of of Insurance, sustained or incurred by the Insured by the Land. reason of: 3. Unmarketable Title. The Title being vested other than as stated in Schedule A. 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, 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 8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 Voidable Transactions Act; or the Title in the Public Records to impart (b) because the instrument vesting the Title notice of its existence to a purchaser for constitutes a preferential transfer under federal value or to a judgment or lien creditor. bankruptcy, state insolvency, or similar state or 10. Any defect in or lien or encumbrance on the Title or federal creditors' rights law by reason of the other matter included in Covered Risks 1 through 9 failure: that has been created or attached or has been filed i. to timely record the instrument vesting the or recorded in the Public Records subsequent to the Title in the Public Records after execution Date of Policy and prior to the recording of the and delivery of the instrument to the deed or other instrument vesting the Title in the Insured; or Public Records. ii. of the recording of the instrument vesting 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 COMMONWEALTH LAND TITLE INSURANCE COMPANY Countersigne Authorized Officer or William L Colbert Agent By: Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Ste 100 V�& Lake Mary, FL 32746-4776 Michael 1. Nolan Tel:407-322-2171 President Fax:407-330-2379 `—�� Attest: !'C041 i/7A-Iariorie Nemzura Secretary EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of (d) attaching or created subsequent to the Date of this policy, and the Company will not pay loss or damage, Policy (Exclusion 3.d. does not modify or limit the costs, attorneys' fees, or expenses that arise by reason of: coverage provided under Covered Risk 9 or 10); or 1. (a) any law, ordinance, permit, or governmental (e) resulting in loss or damage that would not have regulation (including those relating to building and been sustained if consideration sufficient to qualify zoning) that restricts, regulates, prohibits, or the Insured named in Schedule A as a bona fide relates to: purchaser had been given for the Title at the Date i the occupancy, use, or enjoyment of the Land; of Policy. ii the character, dimensions or location of any 4. Any claim, by reason of the operation of federal improvement on the Land; bankruptcy, state insolvency, or similar creditors' rights iii the subdivision of land; or law, that the transaction vesting the Title as shown in iv environmental remediation or protection; Schedule A, is a: (b) any governmental forfeiture, police, regulatory, or (a) fraudulent conveyance or fraudulent transfer; national security power. (b) voidable transfer under the Uniform Voidable (c) the effect of a violation or enforcement of any Transactions Act; or matter excluded under Exclusion 1.a. or 1.b. (c) preferential transfer: Exclusion 1 does not modify or limit the coverage i. to the extent the instrument of transfer provided under Covered Risk 5 or 6. vesting the Title as shown in Schedule A is 2. Any power of eminent domain. Exclusion 2 does not not a transfer made as a contemporaneous modify or limit the coverage provided under Covered exchange for new value; or Risk 7. ii. for any other reason not stated in Covered 3. Any defect, lien, encumbrance, adverse claim, or other Risk 9.b. matter: 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not (a) created, suffered, assumed, or agreed to by the modify or limit the coverage provided under Covered Insured Claimant; Risk 8. (b) not Known to the Company, not recorded in the 6. Any lien on the Title for real estate taxes or Public Records at the Date of Policy, but Known to assessments imposed or collected by a governmental the Insured Claimant and not disclosed in writing to authority that becomes due and payable after the Date the Company by the Insured Claimant prior to the of Policy. Exclusion 6 does not modify or limit the date the Insured Claimant became an Insured coverage provided under Covered Risk 2.b. under this policy; 7. Any discrepancy in the quantity of the area, square (c) resulting in no loss or damage to the Insured footage, or acreage of the Land or of any improvement Claimant; to the Land. 8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to '. ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 1. DEFINITION OF TERMS purposes by an Insured; In this policy, the following terms have the meanings given (3). a spouse who receives the Title to them below. Any defined term includes both the singular because of a dissolution of and the plural, as the context requires: marriage; (a) "Affiliate": An Entity: (4). a transferee by a transfer i. that is wholly owned by the Insured; effective on the death of an ii. that wholly owns the Insured; or Insured as authorized by law; iii. if that Entity and the Insured are both wholly or owned by the same person or entity. (5). another Insured named in Item 1 (b) "Amount of Insurance": The Amount of Insurance of Schedule A. stated in Schedule A, as may be increased by ii. The Company reserves all rights and Condition 8.d. or decreased by Condition 10 or defenses as to any successor or grantee 11; or increased or decreased by endorsements that the Company would have had against to this policy. any predecessor Insured. (c) "Date of Policy": The Date of Policy stated in (h) "Insured Claimant": An Insured claiming loss or Schedule A. damage arising under this policy. (d) "Discriminatory Covenant": Any covenant, (i) "Knowledge" or "Known": Actual knowledge or condition, restriction, or limitation that is actual notice, but not constructive notice unenforceable under applicable law because it imparted by the Public Records. illegally discriminates against a class of (j) "Land": The land described in Item 4 of Schedule individuals based on personal characteristics such A and improvements located on that land at the as race, color, religion, sex, sexual orientation, Date of Policy that by State law constitute real gender identity, familial status, disability, national property. The term "Land" does not include any origin, or other legally protected class. property beyond that described in Schedule A, (e) "Enforcement Notice": A document recorded in nor any right, title, interest, estate, or easement the Public Records that describes any part of the in any abutting street, road, avenue, alley, lane, Land and: right-of-way, body of water, or waterway, but i. is issued by a governmental agency that does not modify or limit the extent that a right of identifies a violation or enforcement of a law, access to and from the Land is insured by this ordinance, permit, or governmental policy. regulation; (k) "Mortgage": A mortgage, deed of trust, trust ii. is issued by a holder of the power of eminent deed, security deed, or other real property domain or a governmental agency that security instrument, including one evidenced by identifies the exercise of a governmental electronic means authorized by law. power; or (1) "PACA-PSA Trust": A trust under the federal iii. asserts a right to enforce a PACA-PSA Trust. Perishable Agricultural Commodities Act or the (f) "Entity": A corporation, partnership, trust, limited federal Packers and Stockyards Act or a similar liability company, or other entity authorized by State or federal law. law to own title to real property in the State (m) "Public Records": The recording or filing system where the Land is located. established under State statutes in effect at the (g) "Insured": Date of Policy under which a document must be i. a. The Insured named in Item 1 of recorded or filed to impart constructive notice of Schedule A; matters relating to the Title to a purchaser for b. the successor to the Title of an value without Knowledge. The term "Public Insured by operation of law as Records" does not include any other recording or distinguished from purchase, filing system, including any pertaining to including heirs, devisees, survivors, environmental remediation or protection, personal representatives, or next of planning, permitting, zoning, licensing, building, kin; health, public safety, or national security matters. C. the successor to the Title of an (n) "State": The state or commonwealth of the United Insured resulting from dissolution, States within whose exterior boundaries the Land merger, consolidation, distribution, is located. The term "State" also includes the or reorganization; District of Columbia, the Commonwealth of Puerto d. the successor to the Title of an Rico, the U.S. Virgin Islands, and Guam. Insured resulting from its conversion (o) "Title": The estate or interest in the Land to another kind of Entity; or identified in Item 2 of Schedule A. e. the grantee of an Insured under a (p) "Unmarketable Title": The Title affected by an deed or other instrument transferring alleged or apparent matter that would permit a the Title, if the grantee is: prospective purchaser or lessee of the Title or a (1). an Affiliate; lender on the Title to be released from the (2). a trustee or beneficiary of a trust obligation to purchase, lease, or lend if there is a created by a written instrument contractual condition requiring the delivery of established for estate planning marketable title. 8151204 ALTA Owner's Policy 07/01/21 w -FL Mod -512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from " the American Land Title Association. Page 3 2. CONTINUATION OF COVERAGE prosecute or provide for the defense of any action or This policy continues as of the Date of Policy in favor of an proceeding and any appeals, the Insured will secure to the Insured, so long as the Insured: Company the right to prosecute or provide defense irT the (a) retains an estate or interest in the Land; action or proceeding, including the right to use, at its (b) owns an obligation secured by a purchase money option, the name of the Insured for this purpose. Mortgage given by a purchaser from the Insured; or When requested by the Company, the Insured, at the (c) has liability for warranties given by the Insured in any Company's expense, must give the Company all reasonable transfer or conveyance of the Insured's Title. aid in: Except as provided in Condition 2, this policy terminates i. securing evidence, obtaining witnesses, prosecuting or and ceases to have any further force or effect after the defending the action or proceeding, or effecting Insured conveys the Title. This policy does not continue in settlement; and force or effect in favor of any person or entity that is not ii. any other lawful act that in the opinion of the the Insured and acquires the Title or an obligation secured Company may be necessary or desirable to establish by a purchase money Mortgage given to the Insured. the Title or any other matter, as insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED If the Company is prejudiced by any failure of the Insured CLAIMANT to furnish the required cooperation, the Company's liability The Insured must notify the Company promptly in writing if and obligations to the Insured under this policy terminate, the Insured has Knowledge of: including any obligation to defend, prosecute, or continue (a) any litigation or other matter for which the Company any litigation, regarding the matter requiring such may be liable under this policy; or cooperation. (b) any rejection of the Title as Unmarketable Title. (b) The Company may reasonably require the Insured If the Company is prejudiced by the failure of the Claimant to submit to examination under oath by any Insured Claimant to provide prompt notice, the authorized representative of the Company and to produce Company's liability to the Insured Claimant under this for examination, inspection, and copying, at such policy is reduced to the extent of the prejudice. reasonable times and places as may be designated by the 4. PROOF OF LOSS authorized representative of the Company, all records, in The Company may, at its option, require as a condition of whatever medium maintained, including books, ledgers, payment that the Insured Claimant furnish a signed proof checks, memoranda, correspondence, reports, e-mails, of loss. The proof of loss must describe the defect, lien, disks, tapes, and videos, whether bearing a date before or encumbrance, adverse claim, or other matter insured after the Date of Policy, that reasonably pertain to the loss against by this policy that constitutes the basis of loss or or damage. Further, if requested by any authorized damage and must state, to the extent possible, the basis of representative of the Company, the Insured Claimant must calculating the amount of the loss or damage. grant its permission, in writing, for any authorized S. DEFENSE AND PROSECUTION OF ACTIONS representative of the Company to examine, inspect, and (a) Upon written request by the Insured, and subject to copy all the records in the custody or control of a third the options contained in Condition 7, the Company, at its party that reasonably pertain to the loss or damage. No own cost and without unreasonable delay, will provide for information designated in writing as confidential by the the defense of an Insured in litigation in which any third Insured Claimant provided to the Company pursuant to party asserts a claim covered by this policy adverse to the Condition 6 will be later disclosed to others unless, in the Insured. This obligation is limited to only those stated reasonable judgment of the Company, disclosure is causes of action alleging matters insured against by this necessary in the administration of the claim or required by policy. The Company has the right to select counsel of its law. Any failure of the Insured Claimant to submit for choice (subject to the right of the Insured to object for examination under oath, produce any reasonably requested reasonable cause) to represent the Insured as to those information, or grant permission to secure reasonably covered causes of action. The Company is not liable for and necessary information from third parties as required in will not pay the fees of any other counsel. The Company Condition 6.b., unless prohibited by law, terminates any will not pay any fees, costs, or expenses incurred by the liability of the Company under this policy as to that claim. Insured in the defense of any cause of action that alleges 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; matters not insured against by this policy. TERMINATION OF LIABILITY (b) The Company has the right, in addition to the options In case of a claim under this policy, the Company has the contained in Condition 7, at its own cost, to institute and following additional options: prosecute any action or proceeding or to do any other act (a) To Pay or Tender Payment of the Amount of that in its opinion may be necessary or desirable to Insurance. establish the Title, as insured, or to prevent or reduce loss To pay or tender payment of the Amount of Insurance or damage to the Insured. The Company may take any under this policy. In addition, the Company will pay any appropriate action under the terms of this policy, whether costs, attorneys' fees, and expenses incurred by the or not it is liable to the Insured. The Company's exercise of Insured Claimant that were authorized by the Company up these rights is not an admission of liability or waiver of any to the time of payment or tender of payment and that the provision of this policy. If the Company exercises its rights Company is obligated to pay. under Condition 5.b., it must do so diligently. Upon the exercise by the Company of this option provided (c) When the Company brings an action or asserts a for in Condition 7.a., the Company's liability and defense as required or permitted by this policy, the obligations to the Insured under this policy terminate, Company may pursue the litigation to a final determination including any obligation to defend, prosecute, or continue by a court having jurisdiction. The Company reserves the any litigation. right, in its sole discretion, to appeal any adverse judgment (b) To Pay or Otherwise Settle with Parties other than the or order. Insured or with the Insured Claimant 6. DUTY OF INSURED CLAIMANT TO COOPERATE i. To pay or otherwise settle with parties other than (a) When this policy permits or requires the Company to the Insured for or in the name of the Insured 8151209 ALTA Owner's Policy 07/01/21 w -FL Mod _512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to '.".' ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 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. 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: L 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. 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 8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from ' "» the American Land Title Association. Page 5 subrogation rights. (b) Choice of Forum 14. POLICY ENTIRE CONTRACT Any litigation or other proceeding brought by the (a) This policy together with all endorsements, if any, Insured against the Company must be filed only in a issued by the Company is the entire policy and State or federal court having jurisdiction. contract between the Insured and the Company. In 17. NOTICES interpreting any provision of this policy, this policy will Any notice of claim and any other notice or statement in be construed as a whole. This policy and any writing required to be given to the Company under this endorsement to this policy may be evidenced by policy must be given to the Company at electronic means authorized by law. COMMONWEALTH LAND TITLE INSURANCE COMPANY, (b) Any amendment of this policy must be by a written Attn: Claims Department, P.O. Box 45023, Jacksonville, endorsement issued by the Company. To the extent FL 32232-5023. any term or provision of an endorsement is 18. ARBITRATION inconsistent with any term or provision of this policy, (a) All claims and disputes arising out of or relating to the term or provision of the endorsement controls. this policy, including any service or other matter in Unless the endorsement expressly states, it does not: connection with issuing this policy, any breach of a i. modify any prior endorsement, policy provision, or any other claim or dispute arising ii. extend the Date of Policy, out of or relating to the transaction giving rise to this iii. insure against loss or damage exceeding the policy, may be submitted to binding arbitration only Amount of Insurance, or when agreed to by both the Company and the iv. increase the Amount of Insurance. Insured. Arbitration must be conducted pursuant to 15. SEVERABILITY the Title Insurance Arbitration Rules of the American In the event any provision of this policy, in whole or in Land Title Association (`ALTA Rules"). The ALTA Rules part, is held invalid or unenforceable under applicable law, are available online at www.alta.org/arbitration. The this policy will be deemed not to include that provision or ALTA Rules incorporate, as appropriate to a particular the part held to be invalid, but all other provisions will dispute, the Consumer Arbitration Rules and remain in full force and effect. Commercial Arbitration Rules of the American 16. CHOICE OF LAW AND CHOICE OF FORUM Arbitration Association ("AAA Rules"). The AAA Rules (a) Choice of Law are available online at www.adr.org. The Company has underwritten the risks covered by (b) If there is a final judicial determination that a request this policy and determined the premium charged in for particular relief cannot be arbitrated in accordance reliance upon the State law affecting interests in real with this Condition 18, then only that request for property and the State law applicable to the particular relief may be brought in court. All other interpretation, rights, remedies, or enforcement of requests for relief remain subject to this Condition 18. policies of title insurance of the State where the Land (c) Fees will be allocated in accordance with the is located. applicable AAA Rules. The results of arbitration will be The State law of the State where the Land is located, binding upon the parties. The arbitrator may consider, or to the extent it controls, federal law, will determine but is not bound by, rulings in prior arbitrations the validity of claims against the Title and the involving different parties. The arbitrator is bound by interpretation and enforcement of the terms of this rulings in prior arbitrations involving the same parties policy, without regard to conflicts of law principles to to the extent required by law. The arbitrator must determine the applicable law. 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. 8151209 ALTA Owner's Policy 07/01/21 w -FL Mod -512 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website'') from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Effective August 1, 2021 Copyright 0 2021. Fidelity National Financial, Inc. All Rights Reserved. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Effective August 1, 2021 Copyright 0 2021. Fidelity National Financial, Inc. All Rights Reserved. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https:Hfnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the Effective August I, 2021 Copyright 0 2021. Fidelity National Financial, Inc. All Rights Reserved. mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Effective August 1, 2021 Copyright 0 2021. Fidelity National Financial, Inc. All Rights Reserved. Q*Commonwealth IANO TITLE INSURANCE COMPANY Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Agent: Stenstrom, McIntosh, Colbert & Whigham, P.A. Issuing Office: 300 International Parkway, Ste 100, Lake Mary, FL 32746 Issuing Office's ALTA® Registry ID: Issuing Office File Number: H-65,682 Order No: 10848930 Property Address: 2416 South Oak Avenue Sanford, FL 32771 SCHEDULE A Name and Address of Title Insurance Company: Commonwealth Land Title Insurance Company Attn: Claims Department P. O. Box 45023, Jacksonville, FL 32232-5023 Policy Number: 33994-H-65,682-2023.8151209-229773506 Amount of Insurance: $375,000.00 Date of Policy: March 17, 2023 at 10:45 AM The Insured is: City of Sanford, a Florida Municipal Corporation 2. The estate or interest in the Land insured by this policy is: Fee Simple 3. The Title is vested in: City of Sanford, a Florida Municipal Corporation, by virtue of that certain Warranty Deed dated March 16, 2023 and recorded March 17, 2023 in Official Records Book 10406, Page 1792, Public Records of Seminole County, Florida 4. The Land is described as follows in Exhibit "A" attached hereto and made part hereof. 51209 ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod Copyright 2021 American Land Title Association. All rights reserved. paw nnx The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Order No.: 10848930 ro Commonwealth LAND TITLE INSUitANCE COMPANY EXHIBIT "A" Policy Number: 33994-H-65,682-2023.8151209-229773506 Lots 83 and 84, Franklin Terrace, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 78, of the Public Records of Seminole County, Florida. 51209 Copyright 2021 American Land Title Association. All rights reserved. ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commonwealth Order No.: 10848930 re CommL [ i poi [Y�e h H-65,682 LAND TITLE INSURANCE COMPANY SCHEDULE B Policy Number: 33994-H-65,682-2023.8151209-229773506 EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. Taxes and assessments for the year 2023 and subsequent years, which are not yet due and payable. 2. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 3. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Franklin Terrace, recorded in Plat Book 3, Page 78, of the Public Records of Seminole County, Florida. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints by contacting Commonwealth Land Title Insurance Company, Telephone 1-800-669-7450. 51209 ALTA Owner's Policy of Title Insurance (7-1-21) w -FL Mod Copyright 2021 American Land Title Association. All rights reserved. !!; The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.