HomeMy WebLinkAboutWarranty DeedAtlaRe o(ftRoWmto:
Jocde►taeft PA.
418 SC CoAnAvenso
Stuart FL 349%
Th,s lmftmant Pmpon d by:
Johan Flelde, PA.
416 SE CodwAvenue
SML FL34994
as a nswmiy hrddartto 0R fuHlment of aanditbas
eontained N a Ode 4swarme annnRmes I-p1wd— by R.
Property Appraisers Parcei I.D. (Folio) Number(s):
3234 231-0001-000-5
Fire No.: 20191171
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 8 4617486 09/19/2019 03 q3;19 PM
OR BOOK 4321 PAGE 1368 -1368 Doc Type: DEED
RECORDING: $10.o0
Doc Tax: $1260.00
ARRANTY DEED
This Warranty Deed,. Made the j1day of June, 2019, by Karen M. Travis, individually and as
Personal Representative of the Estate of Constantine Patapts, atKra Constantine S. Patapis alKfa
Dean Patapts, Deceased, whose post office address is: 7634 155 Place N, Palm Beach Gardens, FL
33410. hereinafter called the "Grantor", to Kylie M. Fasnacht and Christopher C. Fasnacht, as Joint
tenants with full rights of survivorship whose post office address W. 8932 Carlton Rd, Ft Pierce, FL
34997, hereinafter called the "Grantee°.
WITNESSEfH: That said Grantor, for and in consideration of the sum of Ten Dollars and No Cents
($10.00) and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land
situate in 114 L.uoie County. Florida, le wil:
The North 342.39 feet of the South 3768.26 feet of the West one-half of Section 34, Township 36 South,
Range 38 East; less the Wfast 100 feet thereof; said land lying In St. Lucie County, Florida.
The property is not the homestead of the Grantor(s) under the laws and constitution of the state of Florida
In that neither Grantor(s) or any member of the household of Grantor(s) reside thereon.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the some in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in tee
simple: that the Grantor has good right and lawful authodly to sell and convey said land: that the Grantor
hereby fully wafrants'the Ede 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 201 e, reservations, restrictions and easements of record, if any.
am tenva'73rmdaf mw 10owae"hmeb ahan be cmvntad to ft We aA genders and sumWararpMul as fhe confaxt huffiaafea)
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first
above written.
MMED IN THE PROMM OFTHE FOLLOWING 1MTNM0
TWO SEPARATE DISINTERFETED WITNESSES RI
Witness Sign
Y
M. TmWs, In iv
Rep
as Personal
Printed Name:
v Rep sentative of the to of Constantine Patepis,
S. Petapis alKla Dean Patapis,
Deceased
Witness Sigrwbm
Pdnted Nara:
State of Florida
Tire for(ide*
wledged before me ibis � day of June, 2019 by Karen M. Travis,
Indivtd p
sanbativa of the Estate of Constantine Patapis, QWO Constantins S.
Palapi
iced, who:lslaM personalty MgNLW me or hasfhave produced driver
license
My Commisslon Who!
Notary P Ac a
(SEAL)
Printed N
1µi'v'"""•, NICOLE£.MORRIS
Notary Puw1c=$tateofFlorida
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Fie No.: 20/91171
ImidalglrrrigRl ItoWyAsm.
r
Stewart titre
ALTA OWNER'S POLICY WITH FLORIDA MODIFICATIONS
POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be to given the Company under this Policy must be given
to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy, against loss or damage,
not exceeding the Amount of Insurance, sustained or Incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(Ili) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(Y) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vq a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(viq a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" Includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by the duty authorized officers as of the Date
of Policy shown in Schedule A.
C untersigned y: �
eo Matt Morris
Jo Fields, P.A. 1! President and CEO
416 SE Cortez Avenue�p
Stuart, FL 34904 **+
Agent ID: 090697
Denise CAAMILIX
Secretary
For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. To make a claim, furnish written notice in
accordance with Section 3 of the Conditions. For purposes of this form the "Stewart Tide" logo featured above is the represented logo for the underwriter,
Stewart Title Guaranty Company.
Copyright 2006-2009 American Land Title Association. All rights reserved. �
AMERfCA.V
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. IAnn T171 r
l.11N 14111M
All other uses are prohibited. Reprinted under license from the American Land Idle Association.
File No. 20191171
ALTA OWNER'S POLICY (6117106) WITH FLORIDA MODIFICATIONS
Page 1 of 5 of policy Serial No,; 0-0000.910222248
COVERED RISKS (Continued)
B. Unmarketable Idle.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, descnbing any part of the Land, is recorded in the Public Records setting rortn the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
B. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to
or any interest in the Land occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely; or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect In or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay lose 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) restricting, regulating, prohibiting, or
relating to
@ the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(ill the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
Copyright 2006-2009 American Land Title Association. All rights reserved.
hAtElliCAN
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1 Ahn TITI r
All other uses are prohibited. Reprinted under license from the American Land Title Association. s..,n Ia1Nw
File No. 20191171
ALTA OWNER'S POLICY (6/17/06) WITH FLORIDA MODIFICATIONS
Page 2 of 5 of Policy Serial No.: 0-0000-910222240
EXCLUSIONS FROM COVERAGE - Continued
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for reel estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance': The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) 'Date of Policy: The date designated as "Date of Policy" In
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) the term "Insured" also includes
(A) successors to the.Title of the Insured by operation of law
as distinguished from purchase, Including heirs,
devisees, survivors, personal representatives, or next of
kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
11ve
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured.
(2) if the grantee wholly owns the named Insured.
(3) 1 the grantee is wholl"wned by an affiliated Entity
of the named Insured, provided the affiliated Entity
and the named Insured are both wholly -owned by
the same person or Entity, or
(4) if the grantee is a trustee or bendelary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(10 with regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(a) "Insured Ciatmenf': An Insured claiming loss or damage.
(1) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described In Schedule A, and affixed
improvements that by law constitute real property. The term
"Land' does not include any property beyond the lines of the
area described in Schedule A. nor any right, title, interest, estate,
or casement In agiming sweets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent
(g) that a right of access to and from the Land is insured by this
policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security Instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection fiens filed in
the records of the clerk of the United States District Court for the
district where the Land Is located.
iJ) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or 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 INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or
only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shag not
continue in force in favor of any purchaser from the Insured of either
() an estate or interest In the Land, or (d) an obligation secured by a
purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing () in case of
any litigation as set forth in Section 5(a) of these Conditions, (g) in
case Knowledge shall come to an Insured hereunder of any claim of
Otis or interest that Is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (III) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's lrebigly to
the Insured Claimant under the policy shag be reduced to the extent
of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, 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,
or other matter insured against by this policy that constitutes the
basis of loss or damage and shag state, to the extent possible, the
basis of calculating the amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay. shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This
Copyright 200&2009 American Land Title Association. All rights reserved. A&MICAN
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. NANO TH I r
All other uses ate prohibited. Reprinted under license from the American Land Title Association.
File No. 20191171 '
ALTA OWNER'S POLICY (6/17106) WITH FLORIDA MODIFICATIONS
Page 3 of 5 of Policy Serial No.: 0-0000-910222248
CONDITIONS (Continued)
obligation Is limited to only those stated causes of ®etien alleging
matters insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured
as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not
pay any fees, costs, or expenses incurred by the Insured In the
defense of those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, 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 shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. if
the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or pennifted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
fight to so 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. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (I) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (IQ in 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 the failure of the Insured to fumish the
required cooperation, the Company's obligations to the Insured
under the policy shag terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters 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 Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative
of the Company, the Insured Claimant shall grant its permission,
In writing, for any authorized representative of the Company to
examine, Inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the
Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information. or grant permission to secure reasonably necessary
information from third parties as required in this subsection,
unless prohibited by law or govemmental regulation, shall
terminate any liability of the Company under this policy as to that
claim.
7. OPTIONS TO PAY OR OTHERYYISE SETTLE 96AIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant 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, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall
terminate, including any liability or 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.
(1) to pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under this
policy. In addition, the Company will pay any costs, attorneys'
fees, and 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
(11) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attorneys' fees, and expenses Incurred by the Insured
Claimant 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 of the options
provided for in subsections (b)(1) or QQ. the Company's
obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or uuntinuo any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(1) the Amount of Insurance: or
(ii) the difference between the value of the Title as insured and
the value of the Tide subject to the risk Insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
Insured,
0) the Amount of Insurance shall be increased by 10%, and
(11) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses Incurred
In accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Copyright 20&2009 American Land Tide Association. All rights reserved. n,,,c
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ranD TITI r
All other uses are prohibited. Reprinted under license from the American Land Title Assocation. AIMM Ix1O^
File No. 20191171
ALTA OWNEWS POLICY (6/17106) WITH FLORIDA MODIFICATIONS � . r
Page 4 of 6 of Policy Serial No.: 0-0000-910222248
CONDITIONS (Continued)
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shag have fully performed its obligations with respect to that
matter and shag not be liable- for any loss or damage caused to
the Insured.
(b) In the event of any litigation. Including litigation by the Company
or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be 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.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
AD payments under this policy, except payments made for costs,
attomeys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall 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
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shell be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
43. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights
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 or property, to the extent of the amount of
arty loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or settle in the
name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other polices of Insurance, or
bonds, notwithstanding any terms or conditions contained in
those Instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured
at the time of the controversy or claim. Arbitrable matters may
include, but are not limited to, any controversy or claim between the
Company and the Insured arising out of or relating to this policy, and
service of the Company in connection with its issuance or the breach
of a policy provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the Insured, the Rules in effect
at Date of Policy shall be binding upon the parties. The award may
Include attorneys' fees only if the laws of the state In which the Land
Is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(a) may be
entered in any court having Jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based
on negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
Incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and Is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does
not (i) modify any of the terms and provisions of the policy, 00
modify any prior endorsement, (u7 extend the Date of Policy, or
(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
Interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shag apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terns of this policy. In neither rase
shall the court or arbitrator apply its 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 within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES. WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at P.O. Box 2028, Houston, Tx 77252.
Copyright 2005.2009 American Land Title Association. All rights reserved,
a�+t0.tCw
The use of this Form Is restficted to ALTA licensees and ALTA members in good standing as of the date of use. IAnr Tn IF
All other uses are prohibited. Reprinted under license from the American Land Title Association. +.Uu,.0,,,.
File No. 20191171 '-
ALTA OWNER'S POLICY (6117M) WITH FLORIDA MODIFICATIONS ;.
Page 5 of 5 of Policy Serial No.; 0-0000-910222240
Name and Address of Title Insurance Company:
File No.: 20191171
Amount of Insurance: $180,000.00
SCHEDULE A
Stewart Title Guaranty Company
P.O. Box 2029, Houston, TX 77252
Policy No.: 0-0000-910222248
Address Reference. 0 Carlton Rd., Port ST Lucie, FL 34987
Premium: $975.00 Date of Policy: June 19, 2019 at 12:00
1. Name of Insured:
Kylie M. Fasnacht and Christopher C. Fasnacht
2. The estate or interest in the Land that Is Insured by this policy Is:
Fee Simple
3. Title is vested in:
Kylie M. Fasnacht and Christopher C. Fasnacht
4. The Land referred to in this policy is described as follows;
The North 342.39 feet of the South 3768.25 feet of the West one-half of Section 34, Township 36 South, Range 38
East; less the West 100 feet thereof; said land lying in St. Lucie County, Florida.
For Company Reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
0 Carlton Rd., Port ST Lucie, FL 34987
County: St Lucie
PIN/Tax: 3234-2 31-0001-00 0-5
The Company does not represent or insure the above address is accurate.
Copyright SM&2009 American Land Me Association. All rights reserved.
The use or Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A�tERICA+I
All other uses are ptoMled Reprinted order ficme flan thaftedcan Land Tilte Association. 1 ND Trri F
a.va ralunn
2381 schedule A- File No. 20191171 ``
ALTA OWNER'S POLICY (6/17/06) IMTN FLORIDA MODIFICATIONS Page 1 of 1
SCHEDULE B
File No.: 20191171 Policy No.: 0-0000-910222248
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of.
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3_ Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not
shown by the public records.
5. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands.
6. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable.
7. Any lien arising under Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid
service charges for service by any water system, sewer system or gas system servicing the lands described
herein.
8. NOTE: The following is for informational purposes only and is provided without any assurance or guarantee.
Taxes and assessments for the year 2018 under Tax I.D. Number 3234-231-0001-0005, showing a gross amount
of $317.17 were paid in the amount of $326.69 on 04/02/2019.
NOTE: The following 24 month chain of title is shown for informational purposes only and not the purpose of
insuring:
Warranty Deed recorded on 12126/2018, in Official Records Book 4216, Page 1235, of the Public Records of St.
Lucie County, Florida.
9. Mortgage executed by Kylie M. Fasnacht and Christopher C. Fasnacht to Estate of Constatine Patapis aka
Constantine S. Patapis aka Dean Patapis, deceased, dated June 17, 2019, recorded 9/19/2019 in Official Record
Book 4617, Page 1369 of the Public Records of St Lucie County, Florida, given to secure the original principal sum
of $140,000.00.
Exceptions numbered NONE are hereby deleted from the Owner's Policy. �-,'� tj1
Copyright 20M889 American Land Title Association; All rights reserved.
The use of tttis Fam is restricted to ALTA ficames and ALTA members in gaol startcing as of the date of use. AM ERICAN
AD other uses ore pmhbled. AeprWod under license from the American Lend Title Assoeletion. r Ann Trn r
.1mit.anun
2381 Schedule 9 - File No. 20191171
ALTA OWNER'S POLICY (6117M) MTH FLORIDA MODIFICA710NS PE Page 1 of 1