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HomeMy Public PortalAboutProperty Sale - Okaloosa County - and Shared Parking Lot Agreement_2.53 AcresMEAD LAW & TITLE Net Seller Proceeds 050301 524,784.47 Sep 30,2022 DK Se e Exhibit "A" atta ched he ret o 42705DK City of Cre stview / Ok alo os a County T ax Collector 524,784 .47 THE KEY TO DOCUMENT SEC UR ITY • HEAT ACT IVATED THUMB PRI NT • AD DITIONAL S ECURITY FEATURES INCLUDE D • SEE BACK F OR DETAILS M EAD LAW & TITLE TRUST ACCOUNT 24 WALTER MARTIN ROAD NE STE 201 FORT WALTON BEACH, FL 32548-4945 A Smart Bank Building Exceptional Value www.Smartbank.net 87-921/642 050301 September 30, 2022 DK PAY ** Five Hun dred Twen ty Four Thousan d Sev en Hundred Eighty Fou r dollars & Forty Seven cents ** $524,784.47 TO THE City of Crestview, Florida, a municipal cor poration ORDER OF File N o. 42705DK See Ex hibit "A" attached hereto AUTHORIZED SIGNATURE PO5030 LH' •:D64 209 2161: LD90067784n' MEAD LAW & TITLE Michael Wm . Mead • Michael W. Mead, Jr. • John S. Mead September 29, 2022 VIA FED ERAL EXPRESS Jonathan Ho lloway, Esq . 420 E Pin e A ve. Crestview, FL 32539-2808 RE: Real Estate Closing Seller: City of Crestv iew, Florida Buyer: Benjamin F. A nderson as Tax Collector for Okal oosa C ounty, Florida File No. 42705DK Dear Mr. Holloway: Regarding the above referenced closing, en closed please find the origin al Promissory Note, together with check #50301 payable to the City of Crestview, Florida in the amount of $524,784.47 as sh own on line 603 of the Settlement Statement. Also enclosed please find a copy of the following documents: 1. IRS 1099-S; 2. Settlement Statement; 3. Warranty Deed; 4. Shared Parking Agreement; 5. Ingress, Egress, and Utility Easement; 6. Undergro und Utility Easement; 7. Stormwater Retention Agreement and Grant of Drainage Easement; 8. Mortgage and Security Agreemen t; 9. Statement; 10. Reversionary Interest Statement; 11. Resolu tion; 12. Affidavit regarding no liens; 13. Affidavit of No Mortgages; and 14. Certification an d Compliance Agreement. Once the mortgage has been recorded and the lender's title policy has been issued, the same will be mailed to you. If yo u do not receive them within two to fou r weeks, please contact me and I will follow up on this fo r you. If yo u have any questions, please contact us. Sincerely, Desiree S. King, Paralegal/Closer to John S. Mead, Esquire Enclosures as stated 24 Walter Martin Road N E, Suite 201, Fort Walton Beach, FL 32548 Phone: (850) 243-3135 ♦ Facsimile: (850) 244-4849 PROMISSO RY NOTE FOR VALUE RECEIVED, the undersigned "Borrower" promises to pay to City of Crestview, Florida, a municipal corporati on ("Lender") or order in the manner herei nafter specified the principal sum of $275,000.00, with no charge for interest, (0.00%), on the balance from time to time remaining unpaid. The said principal a nd interest shall be payable in lawful money of the United States of America at such place as may hereafter be desig nated by written notice from the holder to the maker hereof. Payments shall be made as f ollows: There sha ll be no regular or periodic payme nts m ade here under. There shall only be on e payment in the amount of $275,000.00 made on the Maturity Date of September 28, 2024 (the secon d anniversary date of this note). Privilege is hereby reserved to prepay part or all of this indebtedness at any time without premium or fee. This note, with interest, is secured by a mortgage on real estate, of even date herewith, made by the Bo rrower in favor of the payee, and shall be construed and enforced according to the laws of the State of Florida. The terms of said mortgage are by this reference made a part hereof . If default be made in the paymen t of any of the sums mentioned herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall, at the option of the holder hereof, become at once due and collectible without notice, time bein g of the essence. After the Maturity Date or default, the outstanding principal su m and accrued interest shall both bear in terest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to e xercise this option shall not constitute a waiv er of the right to exercise the same in the even t of any subsequent default. Each person liable hereon, whether maker or en dorser, hereby waives presentment, protest, notice, notice of protest, an d n otice of dishonor and agrees to pa y all costs includin g a reasonable attorney fee whether suit be brought or not if, after matu rity of this n ote or default hereu nder, or under s aid mortgage, cou nsel shall be employed to collect this note or to protect the security of said mortgage. Whenev er u sed herein, the term "Borro wer" shall be con stru ed in the singular or plural as the context may require or admit. AJVI. 1M tiV1, -fA1/1)-tA 01/1 Dated: September 28, 2022 Benjami F. Anderson, as Tax Collector for Okaloosa Cou nty, a Political Subdivision of the State of Florida BORROWER'S ADD RESS: 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579 D ocumentary Stamps on this Note and Intangible Taxes on the Mortgage securing this N ote are EXEMPT pursuant to Rule 12B-4. 054(24), Florida Administrative Code. nAL CORRECTED FILER'S name, street address, city or town, state or pro vince, co untry, ZIP or foreign po stal code, and telephone number Mead Law & Title, PLLC 24 Walter Martin Road NE, #201 Fort Walton Beach, Florida 32548 FILER'S TIN TRANSFEROR'S TIN 89-2985269 59-6000295 TRANSFEROR'S name City of Crestview, Florida, a municipal corporation Street address (including apt. no. ) 198 North Wilson Street City or town, state or province, country, and ZIP or foreign postal code Crestview, FL 32536 Acco unt number (see instructions) 42705D K Form 1099-S (850)243-3135 (keep for your records) 1. Date of closing (MMDD YY) OMB No. 1545-0997 09/28/2022 2022 2. Gross Proceeds $800,000.00 F orm 1099-S 3. Address (incl uding city , state, and ZIP code) or legal description See E xhibit "A" attached hereto, Crestview, Fl orida 32539 4. Transferor received or will recei ve property or services as part of the consideration (if checked) 5. If checked , transfer or is a foreign person (nonresident alien, foreign partnership, foreign estate, or foreign trust) 6. Buyer's part of real estate tas Proceeds From Real Estate Tra nsacti ons Copy B For Transferor This is important tax information a nd is being f urnished to the IRS. If you are required to file a return, a negligence penalty or other sanction may be imposed on y ou if this item is required to he rep orted and the IRS determi nes that it has not bee n reported. www.irs.go v/form 1099s Department of the Treasury - I nternal Re venue Service EXHIBIT " A" (Legal Description) A PARCEL OF LAN D SITUATED IN SECTI ON 4, TOWNS HIP 3 NORTH, RANGE 23 WEST, OKA LOOSA COUNTY, FLORI DA; BEING A PO RTIO N OF THE PR OPERTY DESCRIBED IN OFFICIA L RECORDS BOOK 3283, PAGE 2957 OF T HE PUBLIC RECORDS OF OK ALOOSA COUNTY , FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORT HWEST COR NER OF SECTION 4, TOWNSHIP 3 NORTH, R ANGE 23 WEST, OK ALOOSA COUNTY, FLORIDA; THENCE PROCEED S88 °05'55 "E ALONG THE NORTH LIN E OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEP ARTING SAI D NORTH LINE PROCEED S01 °54'05"W, FOR A DIST ANCE OF 1102.22 FEET TO A 5/8 I NCH IRON ROD (LB# 5024) MA RKING THE NORT HWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF T HE P UBLIC RECO RDS OF OKALO OSA COUNTY, FLORIDA; THEN CE PROCEED S88°03'29"E (REFERENCE BE ARI NG) ALONG THE N ORTH LIN E OF SA ID PA RCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IR ON ROD (LB# 7191) BEING THE POIN T OF BEGINNING; THENCE CONTI NUE S88 °03'29 "E ALONG S AI D NORTH LIN E, FOR A D ISTANCE OF 426.97 FEET TO A 1/2 INCH IRO N ROD (LB# 7191); THENCE DEPARTING SA ID NORTH LIN E PROCEED S01 °56'31 "W, FOR A DISTA NCE OF 236 .58 FEET TO A POINT ON A CURV E MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) AND LYIN G ON THE NORTH LINE OF A PROPOSED 60. 00 FOOT I NGRESS, EGRESS, AND UTILITY EASEMENT, SA ID CURVE BEING CONCA VE TO THE SOUT HE AST AN D HAVING A RA DIUS OF 300.00 FEET; THENCE PROCEED ALON G SAID PROPOSED NORTH EASEMENT LI NE AND CURVE THROUGH A CEN TRAL ANGLE OF 04°35'04" FOR A DIST ANCE OF 24.00 FEET (CHORD BEA RIN G = S73°45'57"W, CHO RD = 24. 00 FEET) TO THE P OINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE TO TH E NORTHWEST AN D HA VI NG A RADIUS OF 250.00 FEET BEIN G MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CO NTINUE AL ONG SAID PROPOSED NO RTH EA SEMENT LIN E THROUGH A CENTRAL ANGLE OF 20°27'23 " FOR A D ISTANCE OF 89. 26 FEET (CH OR D BEAR ING = S81°42'07"W, CHO RD = 88.78 FEET) TO A 1/2 IN CH IRO N ROD (LB# 7191); THEN CE CONTINUE N88° 04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NO RTH EA SEMENT LINE AND THE EAST LINE OF AN APPARENT 60 .00 FOO T RIGHT OF WA Y BEING MARKED BY A 1/2" IRON ROD LB. #7191; TH EN CE DEPARTING SAID PR OPO SED N ORTH EASEMEN T LINE, PR OCEED NOI °55'48"E A LON G SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINN ING. THE ABOV E DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET), MORE OR LESS. E. Seller: F. Lender: G. Property: H. Settlement Agent: Place of Settlement: I. Settlement Date: J. A. U. S. DEPA RTMENT OF HOUSIN G AN D URB AN DE VELOPME NT SETTLEMENT STATEME NT Me ad Law & Title, PLLC 24 Walter M artin Road NE, #201 Fort W alton B each, Florida 32548 (850)243-3135 fa x: (850)244-4849 B. TYPE OF LOAN FH A 2. 4. VA 6. File Number: 42705DK 7. Loan Number: 5. 8. Mortgage Ins. Cas e N o.: FMHA 3. CO NY . I NS. C ONY. UNINS. C. N OTE: This form is fu rn ished to give you a st ateme nt of actu al settleme nt costs. Amou nts paid to a nd by the s ettlement agent are show n. Items marked (ro c) were p aid ou tside the closing. They are shown here f or inform ational purposes and a re not i ncl uded in the totals . Benja min F. Anderson, as Ta x Collector for Okaloosa County, a P olitic al Subdivision of the State of Florida D. Borrower: P.O. Box 1390 Niceville, Florida 32588 City of Crestv iew, Florida, a municipal c orporation 198 North Wilson Street Crestv iew, Florida 32536 See Ex hibit "A " attached hereto Crestview, O kaloosa Cou nty, Florida 32539 Oka loosa Cou nty, Florida Mead Law & Title, PLLC 24 Walter Martin Road NE, #201, Fo rt Walton Beach, Florida 32548 Okal oosa County September 28, 2022 Summary of Borrower's Transaction K. 100. Gross Amo unt Due Fro m Bo rrower: 101. Contract Sales Price 102. Personal Property 103. Settlement Charges to Borrower (line 1400) Adjustmen ts for Items Paid by Seller in Advan ce 106. City / Town Tax es 107. County / Parish Taxes 108. A ssessments 120. G ross Amoun t D ue from Borrower: 200. Amo unts Pa id by or in B ehalf of Bo rro we r: 201. Deposit / Earnest Mo ney _ 202. Principal A mount of New Loan _ 203. Existing Loan (s) 204. 205. 206. Adjustments for Items Unpaid by Seller: 210. City / Town Taxes 211. Coun ty / Parish Tax es 212. A ssessmen ts 220. T otal Paid by / for Borro wer: 300. Cash at Settlemen t from / to Bo rrower: 301. Gross A mount due from Borrower (line 120) 302. Less Amoun t Paid by/for Borrower (line 220) 303. Ca sh Fro m Borrower: 800,000.00 5,108.52 805,108.52 275,000.00 Summ ary of Seller's Tra nsaction 400. G ross Amou nt Due To Seller: 401. Contract Sales Price 402. Person al Property _ 403. Adju stments fo r Items Paid b. Seller in Advance: 406. Cilx / Town Taxes 407. Count\ / Parish Taxes 408. Assessmen ts 420. Gross Amount D ue to Seller: 1500. Reductions in Amount Due to Seller: 501. Excess Depo sit (see instructions) 502. Settlement Charges to Seller (Line 1400) 503. Existing Loan (s) 504. Payoff of First Mortgage 505. Payoff of Second Mortga :•e 506. Pu rcha se Money Mortgage Adju stments for Items Unpaid by Seller: 510. City / Town Taxes 511. Co unty / Parish Tax es 512. Assessments 275,000. 00 520. Total Redu ctions in A mou nt D ue Seller: 805,108. 52 275,000.00 600. Cash at Settlemen t to / fro m Seller: 601. Gross Amou nt due to Seller (line 420) 602. Less Reductions Amount du e Seller (line 520) 800,000 .00 800,000 .00 215 .53 275,000.00 275,215.53 800,000. 00 275, 215.53 $530,108.52 603. Cash To Seller: $524,784.47 HUD -1 M ay 2007 Settlement Date:September 28, 2022 L. Settleme nt Charges File Number: 42705DK 700. Total Sales / Broker's Commission: Division of Commissi on as foll ows 701. 702. 703. Commission Paid at Settlement 800. Items Pa' able in Co nnectio n with Loan: 801. Loan Origination Fee 802. Loan Discount 803. Appra isal Fee 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. A ssumption Fee 900. Items R equ ired b% Lender to be Paid in Advance: 901. Daily interest char ge from Sep 28, 2022 Paid fr om Borrower's Fu nds at Settlement Paid from Seller's F unds at Settleme nt 902. Mortgage Insurance Premium 903. Hazard Insurance Premium 904. Flood Insurance Premium 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insu rance 1003. City Property Taxes 1004. Cou nt + Property Taxes 1005. An nual Assessments 1100. Title Charges: 1101. Settlemen t or Clo sing Fee to Mead Law & Title, PLLC 1102. A bstract or Title Search to First A merican Title Insurance Company 1103. Title Examination 1104. Title Insurance Binder 1105. Document Preparation 1106. No tary Fees A ttorney Fees 1107. (includes abov e item numbers: 1108. Title Insu rance to Mead La w & Title, PLLC 550 .00 85 .00 (includes above item numbers: 1109. Lender's Cov era ge 275,000.00 1110. Owner's Coverage 800,000.00 1200. G overnment Recording an d Tran sfer Charges: 4,170.00 1201. R ecording Fees: D eed 18.50 Mo rtgage 69.50 Releases 0.00 1202. City/County Tax /Stamps: Deed 0.00 Mo rtgage 0.00 1203. State Tax /Sta mps: Deed 0.00 Mortgage 0.00 1204. Intangible Tax to Clerk of the Circu it Co urt 88.00 1205. Assignment of Rents of Leases 1206. E -Recording Fees to Clerk of the Circuit Cou rt _ 1207. Stormwa terl Retention Agreement and Gran t of Drainage Easement to Clerk of the Circuit Court 1208. Ingress, Egress, a nd Utility Easement to Clerk of the Circuit Court 1209. Underground U tility Easement to Clerk of the Circuit Cou rt _ 1210. Shared Parking Agreement to Clerk of the Circu it Court 1300. Additional Settlemen t Charges: 1301. Survey 1302. Pest Inspection 1303. Cou rier/Handling Fees to Mead Law & Title, PLLC 1400. Total Settlement Charges (En ter on line 103, Section J and line 502, Section K) 16.621 30.85 39.35 39. 35 39.35 50. 00 $5,108. 52 16.63 30 .85 39.35 39.35 39.35 50. 00 $215.53 I have carefully reviewed the H UD -I Settlemen t Statement and to the best of my knowledge and belief, it is a true and accu rate statement of all receipts and disbursements made on my acco unt or by me in this transaction . I further certify that I have received a copy of HUD -1 Settlement Statement. Borro wer: BeJ(v\\,A4,1 Iv\ T IA k njamin F A nderson, as Tax Co llectlo r for Okaloosa County, Seller: a Politicalbdivisioh of the State of Florida The HU D -1 SettlemenNStatement accordan ce with thv instru ction s Settlement A,.ent: WA RNING: It i and imprisons hich I have prepared is a the parties hereto. City of Crestv iew, Florida, a municipal corporation im Boldu c, City Man ager ate acco unt of this tran saction. I have caused or will cause the funds to be disbursed in Date: September 28, 2022 rime to knowingly make false statemen ts to the United States on this or any other similar form. Penalties u pon con viction can in clude a fine . For details see Title 18 U .S. Co de Section 1001 a nd Sec tion 1010. HUD -1 May 2007 E XHIBIT "A" (Legal Description) A PARCEL OF LAN D SITU ATED IN SECTION 4, TOWNSHIP 3 NORTH, R AN GE 23 WEST, OKALOOSA COUNTY, FLORID A; BEING A PORTION OF T HE PROPERTY DESCRIBED IN O FFICIA L RECORDS BOOK 3283, P AGE 2957 OF THE PUBLIC REC ORDS OF OK ALOOS A COUN TY, FLORIDA; AND BEING MORE P ARTICULARL Y DESCRIBED AS F OLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOO SA COUNTY, FLORIDA; THE NCE PR OCEED S88°05'55"E ALON G THE NORTH LINE OF ,SAID SECTION 4, FOR A DIST ANCE OF 1150.46 FEET; THENCE DEPARTING S AID NORTH LIN E PRO CEED SOI°54'05"W, FOR A DISTANCE OF 1102 .22 FEET TO A 5/8 INCH IR ON ROD (LB# 5024) MARKIN G THE NORTHWEST COR NER OF THE PROPERTY DESCRIBED IN OFFICIA L RECORDS BO OK 3283, PAGE 2957 OF THE P UBLIC REC ORDS OF OK AL OOSA CO UNTY, FLORIDA; THENCE PROCEED S88°03'29 "E (REFERE NCE BEARING) ALONG THE NORTH LINE OF SA ID PARCEL, FOR A DIST ANCE OF 30.00 FEET TO A 1/2 INCH IR ON RO D (LB# 7191) BEING TH E POINT OF BEGINNING; THENCE CO NTINUE S88°03'29"E AL ON G SAID NORTH LINE, FO R A DISTANCE OF 426.97 FEET TO A 1/2 INC H IRON RO D (LB# 7191); THEN CE [DEPARTING SAID NORTH LIN E PROCEED S01 °56'31 "W, FOR A DISTA NCE OF 236 .58 FEET TO 'A POIN T ON A CURVE MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) A ND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT I NGRESS, EGRESS, AND UTILITY EASEMENT, SAID CURVE BEING CONCA VE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET; THEN CE PRO CEED ALONG SA ID PROPOSED NORTH EASEMENT LI NE AND CURVE THROU GH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24 .00 FEET (CHORD 1BEARING = S73° 45'57"W, CHORD = 24. 00 FEET) TO THE POI NT OF RE VERSE CURV ATURE OF A CURVE BEING CONCAVE TO THE N ORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MAR KED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHOR D BEARING = S81° 42'07" W, CHORD = 88.78 FEET) TO A 1/2 IN CH IRON ROD (LB# 7191); THENCE CON TINU E N88° 04' 12" W A LON G SAID PROP OSED NORTH EA SEMEN T LINE, FOR A D ISTANCE OF 316.74 FEET TO TH E INTERSECTION OF SAID PROPOSED NORTH EA SEMENT LINE A ND TH E EA ST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WA Y BEING MA RKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01° 55'48"E ALONG SA ID APPARENT EAST RIGHT OF WAY LIN E, FO R A D ISTANCE OF 259. 91 FEET TO THE POINT OF BEGIN NING . THE ABOV E DESCRIBED PA RCEL OF LAND CONTA INS 2.53 ACRES (1 10,046 SQUA RE FEET), MORE OR LESS. PREPA RED BY: MEAD LAW & TITLE, PLLC 24 Walter Martin Road NE, Ste 201 Fort Walton Beach, Florid a 32548 File No: 42705DK DO CU MENTARY STAMPS ARE E XEMPT P URSUANT TO RULE 12B-4.014(10), FL ORI DA ADMINISTRA TIVE CO DE. This WARR ANTY DEED made the 28th day of September, A. D. 2022, by City of Crestview, Fl orida, a municipal corp oration whose post office address is: 198 North Wilson Street, Crestview, Florida 32536 hereinafter called the granto r to Benja min F. Anderson, as T ax Collector for Okaloos a Cou nty, a Political Su bdiv ision of the State of Florida whose post office address is: P. O. Box 1390, Niceville, Florida 32588 hereinafter called the grantee (wherever used herein the terms "gran tor" an d " grantee" in clude all the parties to this instrument and the heirs, legal represen tatives and assigns of individu als, an d the successors and assigns of c orporati ons) Witn esseth: That the gran tor, for an d in consideratio n of the sum of $10.00 and other valuable co nsiderations, receipt whereof is hereby acknowledged, hereby grants, bargai ns, sells, aliens, remises, releases, co nveys and confirms unto the grantee, all that certain land situate in Okaloosa County, Florida, viz: A PAR CEL OF LAND SITUATED IN SECTIO N 4, TO WNSH IP 3 NO RTH, R ANGE 23 WEST, O KA LO OSA CO UNTY, FLOR IDA ; BEING A POR TIO N OF TH E PRO PERTY DESCRIBED IN OFFICIAL R ECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC R ECOR DS OF OKALOOSA CO UN TY, FLOR IDA ; A ND BEIN G MORE PARTICULARLY D ESCRIBED AS FOLLOWS: CO MMENCE AT TH E NOR THWEST COR NER OF SECTION 4, TOWNSHIP 3 NOR TH , RANG E 23 WEST, O KALOOSA CO UNTY, FLORIDA; THENCE PRO CEED S88°05'55"E ALONG THE NORTH LINE OF SA ID SECTIO N 4, FOR A D ISTANCE OF 1150.46 FEET; THENCE DEPAR TING SAID NORTH LINE PRO CEED S01°54'05"W, FOR A D ISTANCE OF 1102.22 FEET TO A 5/8 INCH IR ON R OD (LB# 5024) MARKING TH E N OR THWEST CO RNER OF THE PR OPERTY D ESCRIBED IN O FFICIAL RECO RDS BOOK 3283, PAGE 2957 OF THE PU BLIC R ECORD S OF OKA LOO SA COUNTY, FLO RIDA; THENCE PROCE ED S88°03'29"E (REFERENCE BEARING ) A LONG TH E NORTH LINE OF SAID PA RCEL, FOR A DISTANCE OF 30. 00 FEE T TO A 1/2 INCH IR ON ROD (LB# 7191) BEING THE PO INT OF BEG INNING ; TH ENCE CONTINUE S88° 03'29"E ALONG SA ID NO RTH LINE, FO R A D ISTANCE OF 426.97 FEET TO A 1/2 INCH IRON R OD (LB# 7191); THENCE D EPARTING SAID NORTH LINE PROCEED S01° 56'31"W, FOR A D ISTA NCE OF 236.58 FEET TO A POINT ON A CURV E MAR KED BY A 1/2 INCH IRO N RO D (LB# 7191) AND LYING ON THE NOR TH LIN E OF A PR OPOSED 60.00 FOO T INGRESS, EGR ESS, A ND U TILITY EASEMEN T, SAID CURV E BEING CO NCAVE TO THE SOUTHEAST AND H AVING A RA DIUS OF 300. 00 FEET; THENCE PR OCEED ALONG SAID PROPO SED NORTH EA SEMENT LINE AND CURVE THR OUG H A CENTRAL ANG LE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CH ORD BEARIN G = S73°45'57"W, CHORD = 24. 00 FEET) TO THE PO INT OF REVER SE CUR VA TU RE OF A CURVE BEING CO NCAV E TO THE NORTHWEST AND HAV ING A RAD IUS OF 250.00 FEE T BEING MA RKED BY A 1/2" IR ON ROD LB. #7191; THENCE CONTINUE A LONG SAID PRO POSED NOR TH EA SEMENT LINE TH ROUG H A CENTRA L A NGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHOR D BEA RING = S81°42'07" W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON. R OD (LB# 7191); THENCE CONTIN UE N88°04'12"W A LONG SA ID PROPO SED NOR TH EASEMENT LINE, FO R A D ISTANCE OF 316. 74 FEET TO THE INTERSECTIO N OF SAID PROPOSED NORTH EASEMENT LINE AND TH E EAST LINE OF AN A PPAR ENT 60.00 FOOT R IG HT OF WA Y BEING MA RK ED BY A 1/2" IRON ROD LB. #7191; TH ENCE DEPAR TING SAID PRO PO SED NO RTH EASEMENT LINE, PROCEED N01 °55'48"E A LO NG SA ID A PPARENT EA ST R IGHT OF WA Y LINE, FO R A DISTA NCE OF 259. 91 FEET TO TH E POIN T OF BEGINNING . THE ABOVE DESCRIBED PARCEL OF LA ND C ONTAINS 2.53 AC RES (110,046 SQUARE FEET), MORE OR LESS. SUBJECT COVENA NTS, CO NDITI ONS, RESTRICTIONS, E ASEME NTS, RESERVATI ONS, AN D LIMITATIO NS OF REC ORD, IF A NY, WHICH ARE NOT HEREBY REIMPOS ED . Together with all the tenements, hereditaments and appurtena nces thereto belo nging or in anywise appertainin g. To Have and to Hold, the same in fee simple forever . An d the gran tor hereby cov enants with said gra ntee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right a nd lawful authority to sell and convey said la nd; that the gran tor hereby fu lly warrants the title to s aid land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbra nces, except taxes accruing subsequ ent to December 31, 2021. In Witness Wher eof, the said grantor has signed and sealed these prese nts the day and year first above written. Signed and Sealed in Our Presence: City of Crestview, Fl orida, a munic ipa l corporati on By: Vo(itn_ ess�� mBo lduc As its City Man ager TAMRA L. COKONOUGHER Print Witness Name STATE OF FLORIDA COUNTY OF O KALO OSA The forego ing instrumen t was acknowledged before me by means of physi - 1 presence this Q% day of September, 2022, by Tim Bo lduc as City Manager of City -of Cres iew, Florida, a municipal corpo ration. Public Prin t Notary Name: My Commission Expires: Personally known to me Produced as iden tification 4, Notary Public State of Florida i I John S M ead I My Commission ?00 HH 159767 EXp. 10120/2025 I THIS INSTRUMENT PREPARED BY: MEAD LAW & TITLE, PLLC 24 WALTER MARTIN RD NE, STE 201 FORT WALTON BE ACH, FL 32548 42705 DK SHARE D PARKIN G AGREEMENT STA TE OF FLORIDA COUNTY OF OKALOOSA THIS SHA RED PARKING AND COST AGREEME NT (this " Agreement ") is m ade and entered in to this 28th day of September, 2022, by and among CITY OF CRESTVIEW, FLO RIDA, a mu nicipal corporation, whose address is 198 North Wilson Street, Crestview, Florida 32536 (hereinafter "City"), and BENJAMIN F. AN DERSON, AS TAX COLLECTO R FO R OKALOO SA COUNTY, a Political Subdivision of the State of Florida, whose address is 1250 N. Eglin Parkway, Suite 101, Shalima r, Flo rida 32579 (hereinafter "Ta x Collect or") . RECITALS: A. City o wns fee simple title to the real property depicted as existing Asphalt Parking Lot on Exhibit "A " attached hereto (herein after the "City Property" ). B. Tax Collector own s or will own fee simple title to the real property labeled Subject Property described on Exhibit "A " labeled Subject Property an d legally described as set forth on Exhibit "B" attached hereto (hereinafter the "Tax Collector Property"). C. Acco rdingly, Tax Collector and City desire to enter in to this Agreemen t whereby parties are granted certain access and parking rights as hereinafter set forth. NOW, THEREFO RE, in consideration of the premises and other good and valu able co nsideration , the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby covenan t and agree as follows: 1. Subject to the terms a nd conditions herein, City hereby grants unto the Tax Collector Property shared parking rights for the motor vehicles of the owners of the Ta x Collector Property, their members a nd in vitees and licensees on the parking lots identified above as City Property. This is intended to i nclude the real property depicted as existi ng Asphalt Parking Lot on Exhibit "A" attached hereto . City f urther grants unto the owners of the Tax Collector Property and their invitees and licensees a non-e xclusive easement for ingress and egress onto and through the City Property. This easement shall co ntin ue for a period of thirty (30) years after the date hereof A fter the expiration of the thirty (30) year term hereof, this agreeme nt shall have no further force and effect and a ny easement created hereby shall be extinguished. Tax Collector may utili ze the City Pro perty for the purpose of parkin g requ irements (includi ng, but not limited to complia nce with the City's LDC requirements for number of parking spaces) as it relates to the development of the Tax Co llector Property. 2. The owner (City) of City Property shall be solely respo nsible for the general main ten ance of the City Parkin g Area. Notwithstandin g anything contained here in to the co ntrary, Tax Collector shall n ot be responsible for an y costs associated with the maintenance of the parki ng areas set forth herein . All costs associated with the City Property as set forth herein shall be borne by the own er of City Property. 3. This A greemen t shall be deemed a covenant appurten ant to an d running with the City Property and Tax Collector Property, and shall inu re to an d be enforced by an y current or subsequen t owner, leaseholder, mortga ge holder or an y other party having an ownership interest in and to the City Property an d/or Tax Collector Property or any portion thereof, during the thirty (30) year term of this agreemen t. 2 4. This Agreeme nt may not be amended except by written i nstrument e xec uted by the parties hereto . This agreement shall be co nstr ued and interpreted in accordance with the laws of the State of Florida. In con nection with any litigatio n, i ncluding appellate proceedings, arising out of this Agreement, the prevailing party shall be e ntitled to recover reasonable attorneys' fees and costs. 5. The undersigned represe nt that they ha ve take n the proper pr ocedures and are du ly au thorized to execute and deliver this Agreeme nt. 6. This Agreement shall be gover ned by and enforced and constr ued under the laws of the State of Florida. Venu e of any proceedi ng regarding this Agreement sh all be Okaloosa County, Florida. 7. This Agreement an d any a mendments hereto may be executed in counterparts, each of which shall be deemed an original and such counterparts shall constit ute but one an d the same instrumen t. 8. A ll notices or other communications required or permitted to be give n pursuant to the provisions of this Agreement shall be in writin g and shall be considered as properly given if mailed by first class U nited States mail, postage prepaid, registered or certified with ret urn receipt requested, or by deliv ering same in person (which may include by a nationally recognized ov ernight delivery serv ice) to the intended addressee. N otice so mailed shall be effective u pon its deposit in the custody of the Un ited States Postal Service for mailing in accordance with the foregoin g. Notice given in an y other manner shall be effectiv e only if and when received by the addressee. 3 IN WITNESS WHEREOF, the parties hereto ha ve exec uted this Agreement on the date and year set forth above. Signed, sealed and delivered in the presence of: 1 itness tip.. �.. Print Witness Name Witness iNaTird c2rry��� Print Witness Name STATE OF FLOR IDA COUNTY OF OKALOO SA City of Crestview, Fl orida, a municipal corporation By: Tim B olduc As City Ma nager The foregoing instru men t was acknowledged before me by means of physical this R7 day of September, 2022, by Tim lduc as City Manager of City of Crestv iew, Florida, a municipal corporation. He is personally known to me, or ( ) has prod uced as identification. : CRISTA S. SHEPHEARD t€t; sk: Commission # HH 089570 Expires February 28, 2025 ",!`D Bonded Thor Troy Fein Inamnnce 800-3857019 I i i ()TARY PUBLIC 4 Ati Signed, sealed a nd delivered 4 -the -presence of: Witii: TAMRA L. COKONOUGHER Prin t Witness N ame STA TE OF FLORIDA COUNTY OF OKA LOOSA r. 111 _ Benj ami F. A nderso n, as Fax C ollector for Okaloosa C ounty, a Political S ubdivision of the State of Florida The foregoing in strumen t was acknowledged before me by mea ns of physical this X6 day of September, 2022, by Ben jamin F. An derson, as Tax Collector for Okaloosa County, a Political Subdiv ision of the State of Florida. He is ✓ ers mally known to me, or ( ) has pro duced as ide i cation. 1V0" RY PU BLIC 5 Notary Public State of Florida John S Mead MyHH159767r1 i0 Exp.10/20/2025 -,r2 •- rxi 'xix xrz�f• 5 ��+,, • 5242: r-,rr o' stc'tvr'a ati ir&r'� J 210.2122 2.02423' [[. �272222 0.2.22 [0114¢ [ 18 4 ajar 2 ow. Jo nfr atri EXHIBIT "A" W _abw7rx��55 Rnn/s 221 ♦!50410.59 014,1+:•019..42 901 R/ MN 7.J •, .. r 2._ u�uatrlyprnrr r.. - 000402y'2R.,55 ([r!'• Snits 7(/24) Sheet Mdar: `. rN.12air'a`rinnx asAr"'i. San 2. talt.r2224.20.. A09 (4000(. 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(94104 09 01.0011 STAMArlita 5447 07 411% L P 0174 .O.e .1414• 0 3. 404 i19Cb1NS4rvtAr41.0 4114400:\ 5 X35 0001 -1- `- J &\,,,,'.5.Y../1'.. 77 ..8_ �,`t.. mss' EXHIBIT "B" SUBJECT PARCEL (AS S URVEYED) A PARCEL OF LAN D SIT UATED IN SECTION 4, TOW NS HIP 3 NORT H, R ANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESC RIBE D IN O FFICIAL RECOR DS BOOK 3283, PAGE 2957 OF THE PUBLIC RECOR DS OF OKALOOSA COUNTY, FLORID A; A ND BEING MORE P ARTICUL ARLY DESCRIBED AS FOLLOWS: COMMENCE AT TH E NORTHWEST CORNER OF SECTION 4, TOW NSHIP 3 NORT H, RANGE 23 WEST, OKALOOSA COUNT Y, FLORID A; THENCE PROCEE D S88°05'55 "E ALONG THE N ORTH LINE OF SAID SECTIO N 4, FOR A DISTANCE OF 1150 .46 FEET; THENCE DEPA RTING SAID NORTH LINE PROCEED SO1 °54'05 "W, FO R A DIST ANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORT HWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICI AL RECORDS BOOK 3283, PAGE 2957 OF THE PU BLIC RECORDS OF OKALOOS A COUNTY, FLO RIDA; THENCE PROCEED S88°03'29"E (REFEREN CE BEARING) ALO NG THE NO RT H LINE OF SAID PARCEL, FOR A DISTANCE OF 30. 00 FEET TO A 1/2 INCH I RON ROD (LB# 7191) BEIN G THE POINT OF BEG IN NING; THENCE CONTINUE S88 °03'29"E ALONG SAID NORT H LINE, FOR A DISTA NCE OF 426.97 FEET TO A 1/2 INCH IRON R OD (LB# 7191); THENCE DEPA RTIN G SAID NORTH LINE PROCEED S01 ° 56'31 "W, FOR A DIST ANCE OF 236 .58 FEET TO A POIN T ON A CURVE MARKED BY A 1/2 INCH IRO N ROD (LB# 7191) AN D LYING ON TH E NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AN D UTILITY EA SEMENT, SA ID CU RVE BEIN G CON CAV E TO THE SO UT HEAST AND H AVING A RAD IU S OF 300. 00 FEET; TH ENCE PROCEED ALONG SAID PROPOSED NORTH EASEMEN T LINE AND CURVE THROU GH A CENTRAL ANGLE OF 04 °35'04" FOR A DISTANCE OF 24. 00 FEET (CHORD BEAR ING = S73° 45'57"W, CHORD = 24.00 FEET) TO TH E POINT OF R EVERSE CURVATURE OF A CUR VE BEING CONCA VE TO TH E N ORTH WEST A ND HAVIN G A RA DIU S OF 250. 00 FEET BEIN G MARKED BY A 1/2" IRON ROD LB. #7191; TH ENCE CONTIN UE A LONG SAID PROPOSED N ORT H EA SEMEN T LINE THROUGH A CEN TRA L ANGLE OF 20°27'23" FOR A DISTANCE OF 89. 26 FEET (CHORD BEAR ING = S81° 42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IR ON ROD (LB# 7191); THENCE CONTINU E N88° 04'12"W ALO NG SAID PROPOSED NORTH EA SEMENT LIN E, FOR A DISTA NCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMEN T LIN E A ND TH E EA ST LINE OF AN A PPAREN T 60. 00 FOOT RIGHT OF WAY BEING MA RKED BY A 1/2" IR ON ROD LB. #7191; THENCE DEPARTING SA ID PR OPOSED NORTH EASEMENT LINE, PROCEED N01 ° 55'48"E A LONG SAID APPAR EN T EA ST RIGH T OF WAY LINE, FOR A DISTA NCE OF 259.91 FEET TO TH E POINT OF BEGINNING. TH E ABOVE D ESCRIBED PA RCEL OF LAND CONTA INS 2. 53 A CRES (110,046 SQU ARE FEET), MORE OR LESS. THIS INSTRUMENT P REPARED B Y: MEAD LAW & TITLE, PLLC 24 WALTER MARTIN RD NE, STE 201 FORT WALTO N BEACH, FL 32548 42705DK INGRESS, EGRESS AND UTILITY EASEMENT THIS Gran t of Easeme nt is made and e ntered in to by and between the City of Crestview, Florida, a municipal corporation, herei nafter referred to as "City of Crestview", the recipie nt an d ben eficiary of this G rant of Easeme nt is the Benjami n F. Anderson as Ta x Collector for Okaloosa Cou nty, a Political Subdivision of the State of Florida, herei nafter referred to "Tax Collector". RECITALS: The Tax Collector simultaneously with the execution and recording of this Gra nt of Easement will be purchasing certain real property from City of Crestview consisti ng of approximately 2. 53 acres, the legal description of which is attached hereto as E xhibit " A" and referred to herein as the "Benefited Parcel". As a con dition to the purchase by the Tax Co llector from the City of Crestview of the Ben efited Parcel (Ex hibit "A "), the City of Crestview has agreed to grant to the Tax Collector an easemen t over real property described on the attached Exhibit "B", consisti ng of appro ximately 1.04 acres together with unnamed road an d u nnamed drive as Depicted on the attached Exhibit "C" and herein referred to as the "Basemen t Area". The Easement A rea shall be for the benefit of the Benefited Parcel and shall be a benefit that runs with the land and be an appurtenant to the Benefited Parcel. The ingress, egress and utility easement created herein made be used by the Benefite d Parcel (Tax Collector, its su ccessors and/or assigns) for the purpo se of vehicular a nd pedestrian ingress and egress to and from the Benefited Parcel, and may also be used for the installation of all types of utilities, ie: water, sewer, electricity, commu nication , gas an d other utilities. The easemen t may be u sed for the pu rpose of ov erhead distribu tion or underground installatio n, together with the repair, replacement and maintenance of all su ch u tilities and roadways. NOW, THEREFO RE, in consideration of the sum of $10.00 and other good and valuable consideration paid by the Tax Collector to the City of Crestview, the receipt and sufficiency of which is herein acknowledged, the City of Crestview does hereby gran t, bargain an d conv ey un to the Tax Collector a perpetual but non-exclusive easement as follows. 1. Incorpora tio n of Recitals. The recita ls set forth above are hereby incorporated in to this Agreement as if fully set forth herein. 2. Grant of Easement. City of Crestview does hereby grant, bargain and co nvey unto the Tax Collector, its successors and/or assigns, a non-exclusive b ut perpetual ingress and egress and utility easement over and upon and under that real property described in the attached Exhibit "B" pre viously referred to as the Easement Area, a nd more fully described on the attached Exhibit "B" . The utility easeme nt area may be used for the in stallation of all types of utilities, ie: water, sewer, electricity, c omm unication, gas and other utilities. The easeme nt may be used for the purpose of o verhead distribution or underground installation, together with the repair, replacement and mainten ance of all such utilities and roadways. 3. The real property which shall be be nefited by this Gra nt of Easement is referred to as the "Subject Parcel" an d is described on the attached E xhibit " A" . 4. Exhibit "A", Exhibit "B" and Exhibit "C" are incorporated by reference. 5. The Grant of Easement created herein is intended to be an appurtenant to the Benefited Parcel and accordin gly a hereditament which shall continue to benefit the Benefited Parcel, which Gran t of Easemen t shall run with the land, and accordingly shall benefit the successors and/or assigns to the subject Benefited Parcel. 6. Authority. The parties represen t an d warran t to the other that it is not, by law or by agreemen t with others, prohibited from entering in to this agreement, that each party has obtained any approva ls or consents in advance of ex ecuting this agreement, and that the persons executing this a greement on beha lf of each pa rty are authorized to execute the same. 7. Entire A greement. This agreement contains the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties as well as any prior writin gs. 8. No Partnership or Joint Venture. None of the terms or pro visions of this agreement shall be deemed to create a partn ership between the parties in their respectiv e o perations or obligations, or otherwise, nor shall it cause them to be con sidered join t venturers or members of any joint enterprise. 9. Governing Law. The terms and conditions of this agreement shall be governed by and con strued in the Laws of the State of Florida. The parties agree that the exclusive venue an d jurisdiction for any litigation shall be solely in Okaloosa Coun ty, Florida. In the 2 e ve nt of any litigatio n the prevailing party shall be entitled to recover a reasonable attorney fee. 10. Executions and Counterp arts . This agreement maybe executed and delivered in any number of counterparts, ach of which so constituted and delivered shall be deemed to be an original and all of which shall co nstitute one and the same instr ument. IN WITN ESS WHEREOF, the parties have hereunto exec uted this Grant of Easement a nd shall deeded effective upon recording in the Public Records of Okaloosa County, Florida. Wit ne J TAMRA L. COKONOUGHER Print Witness Name STATE OF FLORIDA COUNTY OF OKA LOOSA City of Crestview, Florida, a municipal corporation Bv, Tim Bolduc As City Manager The foregoin g in strumen t was acknowledged before me by means of physical presence this C1 . day of September, 2022, by Tim Bolduc as the City Manager of the City of Crestview, Florida, a mun icipal corporation, who is personally known to me or—who—has-froadi ced as-i niti"ficafo n. IN WITNESS WHEREOF I hav e hereun to set my han d an d official seal. 0 Notary Public State of Florida John S Mead My Commission HH 159767 EXp. 10/2012025 3 Witness TAMRA L. COKONOUGHER Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA SAA, k w L 11n UA.0 Benjami F. Anderson as Tax Collector for Okaloosa C ounty, a Political Subdi visio n of the State of Florida The foregoing instrument was acknowledged before me by means of physical presence this day of September, 2022, by Benjamin F. Anderson as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida, who is perso nally known to me or wh o has praclueed as -identification. IN WITNESS WHEREOF I have hereunto set my hand and official seal. * — - - - - - - - - - - 41 - 1 �,�n Notary Public State of Florida i .4 Jo hn S Mead 1 i My Commission NH 159767 1 '27 I'. £Xp.10/20/2025 l 4 EXHIBIT " A" Benefitted Parcel SUBJECT PARCEL (AS SURVEYED) A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED 588°05'55"E ALONG THE NORTH LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED S01°54'05" W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED 588°03'29" E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE 588°03'29"E ALONG SAID NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE DEPARTING SAID NORTH LINE PROCEED S01°56'31"W, FOR A DISTANCE OF 236.58 FEET TO A POINT ON A CURVE M ARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING = S73°45'57"W, CHORD = 24. 00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2 " IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89. 26 FEET (CHORD BEARING = 581°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60. 00 FOOT RIGHT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01°55'48" E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259. 91 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET), MORE OR LESS. EXHIBIT "B" Easement Area INGRESS/EGRESS/UTILITY EASEMENT (AS SURVEYED) A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED S01°54'05" W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) LYING ON THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY; THENCE PROCEED S01°55'48"W ALONG SAID EAST LINE OF APPARENT RIGHT OF WAY, FOR A DISTANCE OF 259.91 FEET TO A 1/2 INCH IRON ROD (LB# 7191) MARKING THE POINT OF BEGINNING; THENCE PROCEED S88°04'12"E, FOR A DISTANCE OF 316.74 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89 .26 FEET (CHORD BEARING = N81°42'07" E, CHORD = 88. 78 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET BEING MARKED BY A 1/2 INCH IRON ROD (LB# 7191); THENCE PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23 " FOR A DISTANCE OF 107. 11 FEET (CHORD BEARING = N81°42'07"E, CHORD = 106 .54 FEET); THENCE DEPARTING SAID CURVE, PROCEED 588°04'12"E, FOR A DISTANCE OF 239.90 FEET TO THE WEST RIGHT OF WAY LINE OF FARMER STREET, A PUBLIC 60.00 FOOT RIGHT OF WAY; THENCE PROCEED S01°59'52"W ALONG SAID WEST RIGHT OF WAY LINE, FOR A DISTANCE OF 60.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, PROCEED N88°04'12" W, FOR A DISTANCE OF 239.83 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 240.00 FEET; THENCE PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 85.69 FEET (CHORD BEARING = 581° 42'07"W, CHORD = 85.23 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE NORTHWEST AND HAVING A RADIUS OF 310.00 FEET; THENCE PROCEED THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 110.68 FEET (CHORD BEARING = 581°42'07" W, CHORD = 110. 09 FEET); THENCE DEPARTING SAID CURVE, PROCEED N88°04'12" W, FOR A DISTANCE OF 316.74 FEET TO THE EAST LINE OF THE AFOREMENTIONED APPARENT 60.00 FOOT RIGHT OF WAY; THENCE PROCEED N01°55'48"E ALONG SAID EAST LINE OF APPARENT RIGHT OF WAY, FOR A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1. 04 ACRES (45,179 SQUARE FEET), MORE OR LESS. EXHIBIT "C" - --t srowvr ref..0 f70 O O sww»r! Soo (7j xdel•w I0 I,' 504705370 rn u I I [m i t ..070W 1011.07 [4521103 Vol./roil ,77774777.': .G' ;^i J. .J.r . , 77 77 (foe P01/UN hh Sheet Index: =ram PO Ira! NOr[S 107 A 001000MMr ANO GYM! Survey Notes: 9'ASOt700M[ovc 470 9M7[w(0 ¢c l*As 1(AS no! 0(104 mow(o A nY< 7 (Y Y1V AYE 03 04 P7000 WMC,MO! 0' R'[d00 4 Kvph !jp pA NNW. SNOW AIM 90110FLAW 000*0NAR' Slilp4 raw NwM 2000 a Rµ0 M 7744 I D M [/MLL AIr7110•Ma w 7.;q:"""7 .N[ AVt I W,C WOW 00 0844004( 70Wn name. M37Yw3A3l* 4PYE P A ar rh w.w A60Wd Aw GYYIMR NOr 9AEX7 d• PS no4c"FL`iu I P7wn azmms a- ¢runs( cowl. 7MY7tl70M ¢I0m(aw0P3 0 Mt X[p£ oar waP0. a. 9MKY OAI4 IXPI70070 %O IS 190 /1 MaTwl} MAWS Y 0403504 IS Y �'pvW Mvw J 04877 B. 5*w0A 11 0 Wn755 3107777,, AM ARMY IMIWNIS 1.1.117 CI7 4707 0* £7 BMWS 9551110 (YARN AM 7173 Y[A0407X07S 70X400 V. ( 0004 ¢KMMov 7077070 R 710 (el arm A77 13 Nor 70.0 Abbreviations! ncti nod 411.0 ZIC 1245 Sr. iW 7/7 110010 Cr Vgr1M [nf 121171 t ]r3A7• 4. JI31 FG )33] 77 77 • _7777-7777 F 7777 �_—_ � fnr Xti P00pSE0 UMW 047G1017 (SK omit90Il2) NJECTPARCEL i 4034 407 007.0 f (P07 47077055703P540PAl1Y4007777 R.250.00. 420]120` 4 .' 05-581.42.07.84200.7ra]'W IR p[OVOCIONAIR r01200r.1YXG 0210 WI poor or oom a�'IiP,anMr Ss011 01 [lM IRO 847784 9CC 4;1-00-RXr 7*77 OYNSVIC 11 24790,17„0 773 50. SR GSM !107 COO 5011C MK comm.: SYSIEV SWAMI. RR RNMIO£ 755155.1. J RANCE Ell X351 M Lepend'' ® 00701 7043(3 it. NMI MC 11.100.111111 MIMI= C *78077043 o u.vac o Moo oonW MOAN. I sir WW ADO to W37 lWnn x44 o ono to Morin Sr[pW AMY WI O 370471 ae(Nn 04x201 1- I F�--i r, _, 700400 (apn03y$a4rs7JVM4r7Gg7j4! — YA0(OO10W05WIMYYMA --- [MIN LW —_--• MW(p•bin- I. .�...w wr.� 080X7000 MAW 00 •. MCP0.50 430/717,4[ reSCILLAIR01.1 MACS CA 10077 wav0 777073 MOP 01001. 7 070337' AMMO SICO AWALL! PMPOSIO JO. 11111.07 Lompoc 013[00 70 met.' GSenwr P.O.B. 100006010A50A77 OEots*t 1010141£00M707050ASGI8(4r (Yr orroo soar( ! t It 4.24.00' P.,N1000' 6.002307' 0/0.24.00' CO.S]J45''471, a k Lend !amcrlplion: SU.SAEG7_CRCSL (AS SUNK.) t AA ai+ 0 Il?7)5171511' orlWat0 lV X77100442(75010070320.4 PAQ 270207 RiIE 0 91(1]705 v 0410051 51IN, 455700; AO GxAO MORE74011105/,410£909040 45 /090 0£ PROPOSED UTILITY EASEMENT- DETAIL ±020 ACRES (.3053.9 SQUARE FEET) /l PMTS d 0¢71017 750 0 100507 T 940 7/27.4 2151) .. - NOM (1 g PARQLwIS,SOgNI OF rwl ' LV , J]eE Po 205] ._n9naiavrim-+a•__ - -_ ._- ._ _ :_ K'm'N w.w•_S�I __ Y@ � UISAP'IICSCRIC II 5 W 5 PROPOSED DRAINAGE EASEMENT -DETAIL (nor ro SCALE) ±0.0.5 ACRES (2)2,247 SQUARE FEET) 15470040 NMlA¢ r941aR-} S0977'201517.31'� 'Rene' 7}"77 1 5, 0l4� �'S PQa PR0N5D OR A Mi ) 5 1.7 t L JAS: fT^ •T�.: \ Nra6sA5 71470 50091 7 W 051 AT INC 970171ST CORNER OF 0107054 A 10014007 A owns N N JA 0)21 MAGMA 557000, NINON now MONO 561050515 M( ALMS Holm too Cr SAO 755 A NW A LYMIMS C/ 1155 11 445 4 OMNL NAMING SAO MOROI 154 7450470 9413117.04 FON A INS OWE OF 77022X191 75 A LT MYN Wwr, If 04-114 NAa101 10 Nm�NRS0 50044 Or 1 RIO( 71 5517 N vTrou 59'5009 . MIMOINCE MON7)) MNl THE 115074 Uhf M SIO FOal. FOR A M.CO 0,3200 05crr N ,Wi/2 WO 001 Aw 1)9/ 749!) 0710 tor POxr 0010X/0140 near C5tlw2 01005'0+'1 MM2 SAO NW IMO, 100 A COMM 0 4}S02 Tar m A IA N51 904 ROO 44/ 0201) MIKE 0032170 SAID NORM LAC 770000 50109157.0 F0 A WORCS. 0 2316 791E m A 191111 0 A CMK 55151» 01. 7/2 NO NON R02 PM 7140 MO 01114 00 nE NORM IN( Or A 7351059 6670 MT 1150(44 CMESS NOVAIN CANNON (0045 75151 54120910 TO ME 95/01955.540 NAIRO A RANoO Cr Jww IMNC6 PAOCEEO MOW SAD MOO. 1057110 u55V0rr 154E 7O CM1C MOOCH A CARNAL ANGLE Or 010.701. /UP A 06IM0 0 Mw NSF (MORO ISHION • SA'4s31'M CHORD • }AO mi TOME POW �w0 FIST NIRVANA, Cr A LNE & 4E ro MCC.09. ALONG AO WHIN A MAL'S Cr T RN. WARM 70 A ! NMI RCO l0 17!+ 1 MOW CW10 OO SAID maroon, boon - EA4NME OM MR A CO NOT" 50 NA 92'17 FOR 0 FEET 114]6 M (0.104545 MAW 001 . SAO]0]04 MORD - 670 TM Mott O/L MAN, MON R 0/ 07012. MOTS OMMILE • MS,SIM S1MM M OO ISM MOM 1945445)7 LNG /0 A 05194(9 f! AIR.2i RCr TO CNC N?RIITihW O' SAO MORO50 A07. Lunen' INC NM not uSr tot 0 M AMMCN . mw nor WIT 0 . #4 OEM x04 010 OI A PO' 40, MO L0 /POOH 05( 001700 SAO ANHOOSCO51109 NORM CA40Ni LAE, PRO410 0013.5'.01 NOVO SAO APPARENT CAST FONT Or WAY IM'S FM A MOAN= Cr 230.+1 Rrr ro ME PONT Of 0[054540. ME .4004)000550970749491 0LAM COMM Ea ACRES (115005099( NMI MME w CM PROP000 001750 TA070(07 (1 micro) RECOVOS u n 775' 74951157 47759050 94 07104 07 0 2001 2051 PA4 ➢957 0 0)75049' (0510050 214414, 714101 4754011004T1#3971002217 1X5+11710 K 70.1000 GOM404 Ar Mr NMnlHSE CNM7 0 4(1104 A 10,0007 ANORM RAM ➢4 MSS 0AOWS5 COMM novo.4 00)00 MGM 55,15.2571 540.5 M7 NORM IOC Cr SAO 50450 4 FOR A MTAltr 0 55045 NTH MOPE SWARMS S40 NORM INC PROMO 0705054( IN AOMINIM Cr 710042 NM II Ar5/e 70017455 Rm 100➢1 WR VIO nK 45075400( COMW v MC 7.307451011 trrlrAt 560175.0 ( MAIIMM NOWOnK aM LSO OF 19 MMRCP, FOR A GRIN. GC SACCO TEM 10 �M 4170 NM NO 4 00744400142007 iMCC 00 A or 001 IMO now COVIONE 00740 99.4,1 SAO H0n1 ILK MONO, SMA1D1•N mR A NSOM..E Cr Mw m0 MRVM MCC., 154 M 540.179.14 407A WORM OF 7515 5 NIT HIS EASE EMC 0 AN R AIY'A51 70 NON FOOT T Ce WAY. DORM MOORED Nratorio N T NINO SAO ARNOW SASI OCr WAY MC MA 1157,4 OF MOO FEET 10 n0' POW0 n7 ABe7754507079901'57 IMO 51ECWS aro noes (0917 5WAR7 Ina MSC M 1931 P0000574 503144E EARMERT CAS SO4e76) PA4Cft a LOO 8NA7N N 554504 A N9CP 5 N0M RMYE f9 2055, a4AO 60705; RMON HAD A POGO 0 nC .074 770 1070 AM 4Y 01009 210000 17' MOM, 105 PAS Jwr S °7 PwOa £1015455 0 QYMwSI 0'007070 rtNpk 9x0 ONO YORE 754544.1100 DLSSL5BID AS MYlO54S P.M. At 111E 7O4n7EST COMER 0 MOR0 A 75000, A NORM RAMP JS 0055, MM9051 COMM NOV. MENGE P710515 9601]6571 11040 ne NM 01 1170 0 SAO 50070 A 100 A 05195450 0 1110016 mH RUM 05705700 SAO 1105114 441 MOOD 0015009'4; F0 A 907504 0 1100MNTT0M I 10 SANG, N0 RCO % 131/411.0 me mows, 57070 Of 199 PROMPT 0450070 N Cq]020 60C 034 AM S. CC 1HE NOM 111455 s 0 OMwu MIRTH &MCA 114704 FROMM 07000065 X45451 AM60 154DOW _70554199 W' SAO PM5ALLNO 0 !0 A AO NORM FOP OF GSM IEEE m A I I MIT 10 /. 0050714701 ROO PO/ 77914IMNOF 054541400 SAM ROMh4 � PROCEED 1171011:11M 707 A DISTANCE 012111 Mt 70 Mt KM( 01545140 RM. WNW, 4IZ0a1•RC CM A snrmr 04 511 � FROG NO 00507!91) 540 A 0SLNS0 0100 mR NNW 776500 5700679.5 4117 Taw MT m A NNW ON A CMG LING O RK MOW LOC 0A PROPOSE° Saw 7907 MY 671; SOICS9 NO 7540 TASOIMI SAO 5WK VOW COMP 70 nE 10100205 NO ION.04 A RAILS C w.w IROISE 419 MOW SAO PRONA1( ROM.A0.. IMF 47 TANK Raw¢ A MINN1L 2 741 7 917'14. 1N A M K S9! Net (MOW MARINO040• 50 001704 100 0 „ 091 ISEH ro R7 PUNT 0 HHRS' 07270IMAM07 0 A CLC1 NINE COMAE 700E ROw6144I AND NA 4* A RAMIS 0 PROM ISM MVO UMW I A IA' RM r2 1754 11IO0CE 05409E ALONG A PROP550 SOWN MORON ON R 012 57 RIME OF 909797 FOR A 54979701E O4 oast nor mow 090x1 • rYY001 6622 m0 m A I0 4mom13 N RN (Ml rook 5motor 740 [795070 .SOO CORK PROCEED 700050954• FOR A 057914 0 41 J1 l4EP, 54115 404700 SAO 447272'1 D NORM 09.40041 0 M704E9 0170175, 00 A USr0Nr 0 15107 LEER 54,4 PAM. 700 liM7 me -odor OW A DISTAIAX OF OM NIT ROTE PROMO swY70DM /N AO91A444 O I>J1 !Sr INC AMOK M..0000 711750- 0 MO MUNI 003 AIRES 702417049E liN) WOE M rLL "74114.Rac5/P IFSSAIr0LEYF115Lk9717(09 SUM.) Sheaf Index: wDMAAY LAi4rY SO1Kr 70" OREMC9OS AI,� rfA:TAJ. 0 54EEOM M55MnO+AO RASEH00 1945 A P0FC8 0 LA .0709110 W 50504 A 0000 J 00071 AAVS w Mgr, 0510012 [WM 45099.4 MF OH NCR. NO W oute REOOO OOO A4SL PAGE tag nE P110/C MOMS 0 MAMA CO"IIY, NCA®N NO BtWDYOTF PMIIOAASYOF2fAtifm 409 107070[ CWARMS AI DE 4.0011®7 MUM 0 5 0005 A 701090) J N004 RANCE 01 HEM 010100 4 COMM 115904 RN. MODEM 50907550 1100 ME HOW 55/50 0 SAO 1101x/ 4. 707 4 057347E 0 14040 m7 0x£4 70000 0 SAO NORTH ME 400 510 0519100•,) roe 3 0570 40 0 70022 AM TO 540 MVI PO R5, my./ MAGNIN aR7054015497 ma., 0 IO IM9°N0 45NOm N W MY]N 1 1[[505 1(0 9900 P 5F }75 CF nE RMIR MEC OME -1 MAVM ere A 777119. 7 345 507 7a 730 500 f0f10I 452/REASON x57.0 5450 NORM ME 0- OAR 4L F0 A 945,7 01047 mr m A ROME WO NOV Aw .... NO 1 Hlp 0 0K UK :GAL AaPA7NE raw =TAME CF r AR MOWED NOM v5 7957 Let Cry 977325x7 Error v MY. A NS AKE v 970.99 REr ro A I% x5470 ASar 5O M1xF xA�kAO nE roar, tar= MIS M75aa 5gr0C•19•f: AND A M5E 4 /5.40 200 m A CN00 57 0 A a4AK C5 #744 m n7 4701051 MOAN CF JOF 0 ml 90x0 A 057 BY A 170 NOV R5, M 5N: 111.2E 540400 544(1(70 A 1001 ,CAF 0. ORI OF EM 0 75754 S F A 440 05010 NCAIS .00920)' OaOO .620 140 0 Mx 947 1 0 REMISE 51 .4 7/2 21 A WNW 0552 SICK 50105957 AO 11!0 A "CONS 0 97090 Mel OUM MARMU 17 A lA +1701557 R5, REF Nq4 GORE PArOID 45540/01 A ttNIR,r AML 0 MY. IN A MTM4 P 10).11 mr y rlSFla . "0.1707.0 PSI 7 451£0451 Y IMM1O SAO 0 07 E0 A 02 2094 III A OSIAO9 7 PRD.w PANTED PA TO S / CC WAY MS OF0JN Or Mr AMRA IS rootF 600OG REHS 3ST ANN WA MST NOT 0 WY 175, rI MO 0 W5, I1 I 56x7 00PMOCVRE 54[91 MO➢0WAYM S. tOO X5,017)}170 9051 0JA.N NET 0AMOXT OMO0 5 (NIL MAO 05507 ro 14 4• 0EASr NO NNW A R rr to wow 2SH 5451101P2fECO40490or '07 015µ106601170(0M21 0551500 74571095/7r'orit 40 5 70 00 PI14 Cr0 ROOM 10495454 Cr A mow E OF 400771E KIA A 540 A, I0 A 00 v TO.w 09 0007 4' 4ID 04 I A 2x549 ,0E v 37]174• SO A IRN: P 011 NOSIS (HR FM MS OF 71 . IITO P EAST F OF DIE SAO amK 7R5Fa "600.7'0 NORMS 57901 NTT 70 OP 40 1"E 5 7@' AroN7ENMLV6 "taw 760 f00 ee, 0 MO 00000E 74505470 0135'901 Atha SID GAM OW 0 945'9/x707 5070 940( FM A gsfNRL r 0¢70 mr m nE PORT r Rrrrnry� 112 ABMS MOMS /NMI OF LOO C0V AISS 154 ACRES (431)9 SPANS ISIA MOM 0 ICS PROPOSED INGRESSAEGRESS/UTILITYEASEMENT - DETAIL (7107 TO SCALE) 2)1.04 ACRES (5745,179 SQUARE FEET) l f(r '!D i,'- f7! 4 .„.,„„,r41/47,,,.) i ilEj A is / f 1 '65, L t fl f k 11 L F c -P. I ti R L- H .D, �F• 'S5 Ala u«2I A . ., `raw l vfit kJx ayL�7 *+,rty� a P wit' '''':''',.:`::‘,' '''i';;'471,.':..,,', PO f/ - lrt•, rT' y_ fT! !� 7 `S -I ,700,57-'I/ y yri Lxe7n1Y9'x Jw., A 17 II AI '1118 b b s 14 THIS INSTR UMENT PREPARED B Y: MEAD LAW & TITLE, PLLC 24 WALTE R MARTI N RD NE, STE 201 FORT WALTON BE ACH, FL 32548 42705 DK UNDE RGRO UND UTILIT Y EASEMENT TH IS A GREEMENT is made as of the i!k L day of September, 2022, by and between BENJA MIN F. ANDERSON, AS T AX COLLECTOR FOR OKALOOS A CO UNTY, FLOR IDA, a Political Subdivisio n of the State of Florida ("GR ANTOR"), and CIT Y OF CRESTVIEW, FLORIDA, a municipal corporati on ("GRANTEE") . WITNESSETH: WH EREAS, GRANTOR is the owner of certain real property located in Okaloosa Co unty, Florida, as described in Exhibit "A " attached heret o and made a part hereof; and WH EREAS, GRA NTOR an d G RA NTEE desire to establish certain rights and servitudes ov er the area depicted on the attached Exhibit "B" Proposed Utility Easeme nt (hereinafter referred to as "U tility Easement Area"); and WHEREA S, GRAN TOR and GRAN TEE desire to set forth herein the terms of their agreement concerning the Utility Easemen t Area, an d access and maintenance of the same. N OW, TH EREFORE, in consideratio n of good an d valua ble consider ation, the receipt a nd sufficiency of which is hereby acknowledged by ea ch party, they do hereby agree as follows: The recitals set forth above are in corporated herein by reference. A RTICLE I - EA SEMENT SECTION 1.1 GRA NTOR hereby grants to GRA NTEE a n on -exclu sive un derground easement in the Utility Easement Area, in order to permit unobstructed access by all parties and their agents, co ntractors, employees, tenants, licensees and invitees, for the placement, co nstruction, reconstru ction, maintaining, and repa iring undergrou nd u tility service lines together with all necessary rights of access, ingress and egress thereto an d therefrom and under along ONLY that property described on the attached Ex hibit "B" and depicted on the attached Exhibit "C" as 20' Proposed U tility Easemen t. In the event GRANTEE is required to maintain, repair and/or replace said u tilities, G RA NTEE shall, at its expen se, return the U tility Easement Area to the condition prior to said work. SECTION 1. 2 No thing herein shall create a gift or dedication of any portion of the Utility Ea sement Area to the general pu blic. SECTION 1 .3 Each parcel ow ner shall be solely respo nsible for the cost of repair and u pkeep for utility li nes that are s olely used for their p urpose. If either party desires to modify an existing utility, said modification shall be done at the expe nse of the party ca usi ng such a modification. Said expense includes upgrades, updates, engineering, permitting, and any other cost associated with the modification. ARTI CLE II - MISCELLANE OUS PR OVISI ONS SECTIO N 2. 1 No part of this Agreement may be terminated or modified without the prior consent of each Parcel owner. SECTION 2. 2 This A greement shall not create an associatio n, partnership, j oint venture or a principal and agency relation ship betwee n the owners of the Parcels or their tenants or licensees. SECTION 2.3 No waiver of an y provisio n hereof shall be deemed to imply or constitute a further waiver thereof of any other provision set forth herei n. SECTION 2.4 Shou ld any provision hereof be declared i nvalid by a legislative, administrativ e or judicial body of competent ju risdiction, the other provisio ns hereof shall remain in full force and effect and shall be u naffected by same. SECTION 2.5 Wherev er con sent is required by either party to this Agreeme nt, it sh all not be unreasonably withheld or delayed. SECTION 2.6 All notices an d approv als required or permitted under this Agreeme nt shall be served by certified mail, return receipt requested, to a party at the last known address of its prin cipal place of bu sin ess. Date of service of n otice or approval shall be the date on which such no tice or approv al is delivered to a recognized ov ernight courier or deposited in a Post Office of the United States Postal Service or any successor governmental agency. Should a Parcel be subdiv ided by separate ownership, the pa rty who own s the largest portion thereof is irrevoc ably appointed attorney -in -fact for all parties who may own an interest in the Parcel to receive all n otices and to render all approvals hereunder, which receipt of notices and delivery of approvals shall be binding on a ll such pa rties. SECTION 2. 7 A ll of the provisions hereof shall run with the land in perpetuity. SECTION 2. 8 This A greement co ntains the entire agreemen t between the parties and there are no other terms, expressed or implied, except as con tained herein. Any statement, represen tatio n or promise made by either party or any agen t or employee thereof which is not contained herein shall be n ull an d void. SECTION 2.9 In the event of litigation by reason of this A greement, the prevailing party in su ch litigation shall be entitled to recover reason able attorney's fees in addition to all other expenses incu rred by su ch litigation. 2 IN WITNESS WHEREOF, the parties have e xec uted this Agreement in counterparts, each of which constitutes an original agreeme nt . TAMRAL.COKONOUGHER STATE OF FLORIDA COUNTY OF OKALOOSA Print Witness N ame vISavl BenjanF. A nderson, as Ta x Collector for Okaloosa C ounty, a P olitical S ubdi vision of the State of Florida The foregoing in strument was acknowledged before me by means of physical prese nce this ,. day of September, 2022 by Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida, ✓who is personally known to me OR who produced as identifica tion. is ..x* Pc. Notary Public State of Florida a, ,1John S Me ad d My NCommission Exp. 101201202$ 3 TAMR,q L. COKON OUGHER Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA City of Crestview, Florida, a m unicip al corporation By: �-- im Bolduc As City Manager The foregoin g instrument was acknowledged before me by means of physical prese nce this cDS L day of September, 2022 15 Tim Boldu c, as City Man ager of the City of Crestview, Florida, a municipal corporatio n, ✓ who is person ally known to me OR wh o produced as identification. 4 oof Pe& Notary Public State of Florida 1 ;r4 V: John S Mead d1 MIfi 597�67 an 1on H7 Exp.10120/2025 Exhibit "A" SUBJECT PARCEL ( AS S URVE YED) A PARCEL OF LAND SIT UATED IN SECTION 4, TOWNS HIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A P ORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BO OK 3283, PAGE 2957 OF THE P UBLIC RECOR DS OF OK ALOOSA COUNTY, FLORIDA; A ND BEI NG MORE PA RTIC UL ARL Y DESCRIBED AS FO LLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNS HIP 3 NORTH, RA NGE 23 WEST, OKA LOOSA COUNTY, FLORIDA; THENCE PROCEE D S88°05'55"E ALONG THE NORTH LIN E OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPA RTING SA ID NORTH LINE PROCEED S01 °54'05"W, FOR A DISTANCE OF 1102. 22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) M AR KING T HE NORTHWEST CORNER OF TH E PROPERTY DESCRIBED IN OFFICI AL RECORDS BOO K 3283, P AGE 2957 OF THE PU BLIC RECORDS OF OKALOOS A COU NTY, FLO RID A; THENCE PROCEED S88°03'29"E (REFEREN CE BEARING) ALO NG THE NORTH LINE OF SAID PARCEL, FOR A D ISTANCE OF 30.00 FEET TO A 1/2 INCH I RON RO D (LB# 7191) BEIN G THE POIN T OF BEGINN ING; THENCE CONTINUE S88°03'29"E ALONG SAI D NO RTH LINE, FOR A D ISTA NCE OF 426.97 FEET TO A 1/2 INCH IRON RO D (LB# 7191); T HENCE D EPARTING SAID NORTH LINE PROCEED S01 ° 56'31 "W, FOR A DISTANCE OF 236.58 FEET TO A POINT ON A CUR VE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON TH E NORTH LINE OF A PR OPOSED 60.00 FOOT INGRESS, EG RESS, AND U TILITY EASEMEN T, SAID CU RVE BEING CONCAVE TO THE SO UT HEAST AND HAVIN G A RA DIU S OF 300.00 FEET; THENCE PROCEED ALONG S AID PROPOSE D NORTH EASEMENT LINE AND CU RV E THROUGH A CENTRAL ANGLE OF 04°35'04 " FOR A DISTA NCE OF 24. 00 FEET (CHOR D BEARIN G = S73°45'57"W, CHORD = 24 .00 FEET) TO THE POINT OF REVERSE CURVA TURE OF A CURVE BEING CONCAVE TO TH E NORTHWEST AND HA VING A RADIUS OF 250.00 FEET BEING MA RKED BY A 1/2" IR ON ROD LB. #7191; TH ENCE CONTIN UE A LONG SA ID PROPOSED NORTH EASEMENT LINE TH ROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHORD BEARING = S81° 42'07"W, CHOR D = 88.78 FEET) TO A 1/2 INCH IR ON R OD (LB# 7191); TH ENCE CONTINUE N88° 04'12"W ALONG SAID PRO PO SED NORTH EASEMENT LINE, FOR A D ISTANCE OF 316.74 FEET TO TH E INTER SECTION OF SA ID PROPOSED NORTH EASEMENT LINE AN D THE EA ST LINE OF AN APPARENT 60. 00 FOOT R IG HT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED N ORTH EA SEMENT LIN E, PROCEED N 01 °55'48" E ALONG SA ID APPA RENT EA ST RIGH T OF WA Y LINE, FOR A DISTANCE OF 259. 91 FEET TO THE POIN T OF BEGINNING. THE A BOVE DESCRIBED PAR CEL OF LA ND CON TAINS 2.53 ACRES (110,046 SQUAR E FEET), MORE OR LESS. 5 Exhibit "B" PROPOSE D UTILIT Y EASEMENT (AS SURVEYED) A PA RCEL OF LAND SITUATE D IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKA LOOSA COUNT Y, FLORIDA; BEIN G A PORTION OF THE PROPERTY DESCRIBE D IN OFFICIAL RECORDS BOOK 3283, P AGE 2957 OF THE P UBLIC RECORDS OF OKALOOSA CO UNTY, FLORI DA; A ND BEING MORE PARTIC ULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTIO N 4, TOWNSHIP 3 NO RTH, RAN GE 23 WEST, OK ALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55 "E ALON G TH E NOR TH LIN E OF SAID SECTION 4, FOR A DIST ANCE OF 1150.46 FEET; TH EN CE D EPAR TING SA ID NORTH LINE PR OCEED S01°54'05"W, FOR A DISTANCE OF 1102. 22 FEET TO A 5/8 IN CH IRON ROD (LB# 5024) MA RKING THE NORTHWEST CORN ER OF TH E PROPERTY D ESCRIBED IN OFFICI AL RECORDS BOOK 3283, PAGE 2957 OF TH E PUBLIC RECORDS OF OKALOOS A CO UNTY, FLORIDA; THENCE PROCEED S88° 03'29"E (REFEREN CE BEARING) ALO NG THE NORTH LINE OF SAI D PA RCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINN ING ; TH ENCE CONTINUE S88 °03'29"E ALONG SAI D NORT H LINE, FORA DISTA NCE OF 426.97 FEET TO A 1/2 INCH IRO N ROD (LB# 7191); T HE NCE DEPA RTING SA ID NORTH LINE PROCEED S01 °56'31 "W, FO R A DISTANCE OF 20 .00 FEET; THENCE PR OCEED N88° 03'29"W, FOR A DISTANCE OF 426.96 FEET THE EAST LIN E OF AN APPA RENT 60. 00 FOOT RIGHT OF WAY, THENCE PROCEED N01 °55'48"E A LON G SAID A PPA RENT EA ST RIGHT OF WA Y LINE, FOR A DISTANCE OF 20 .00 FEET TO THE PO INT OF BEGINNIN G. THE A BOV E DESCRIBED PARCEL OF LA ND CONTAINS 0.20 A CRES (8,539 SQ UA RE FEET), MORE OR LESS. 6 Loan Policy of Title Insurance (with Florida modifications) First American Title ISSUED BY First American Title Insurance Company Loan Policy POLICY NUMBER 5011312-0893193e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 17 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska 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; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: File #: 42705DK Loan #: . Policy #: 5011312-0893193e Issued Bv: Mead Law & Title, PLLC 24 Walter Martin Road, Suite 201 Fort Walton Beach, FL 32548 Kenneth D. DeGiorgio, President Greg L. Smith, Secretary (This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011312 (7-1-14) Page 1 of 6 ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 501131'2-0893193e COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following impairing the lien of the Insured Mortgage (a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (b) failure of any person or Entity to have authorized a transfer or conveyance; (c) the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney; (f) 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 (g) a defective judicial or administrative proceeding. 10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement or work is either (a) contracted for or commenced on or before Date of Policy; or (b) contracted for, commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance. 12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens. 13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title (a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the Insured Mortgage 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. 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 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 Insured Mortgage in the Public Records. 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 loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) 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; Form 5011312 (7-1-14) Page 2 of 6 ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011312-1893193e (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 Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. EXCLUSIONS FROM COVERAGE (Continued) 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. 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 Section 10 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) "Indebtedness": The obligation secured by the Insured Mortgage including one evidenced by electronic means authorized by law, and if that obligation is the payment of a debt, the Indebtedness is the sum of (i) the amount of the principal disbursed as of Date of Policy; (ii) the amount of the principal disbursed subsequent to Date of Policy; (iii) the construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the Land or related to the Land that the Insured was and continued to be obligated to advance at Date of Policy and at the date of the advance; (iv) interest on the loan; (v) the prepayment premiums, exit fees, and other similar fees or penalties allowed by law; (vi) the expenses of foreclosure and any other costs of enforcement; (vii) the amounts advanced to assure compliance with laws or to protect the lien or the priority of the lien of the Insured Mortgage before the acquisition of the estate or interest in the Title; (viii) the amounts to pay taxes and insurance; and (ix) the reasonable amounts expended to prevent deterioration of improvements; but the Indebtedness is reduced by the total of all payments and by any amount forgiven by an Insured. (e) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or successor owns the Indebtedness for its own account or as a trustee or other fiduciary, except a successor who is an obligor under the provisions of Section 12(c) of these Conditions; the person or Entity who has "control" of the "transferable record," if the Indebtedness is evidenced by a "transferable record," as these Form 5011312 (7-1-14) Page 3 of 6 (B) (f) (0) (h) (i) (i) terms are defined by applicable electronic transactions law; (C) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (D) successors to an Insured by its conversion to another kind of Entity; (E) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (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, or if the grantee is wholly -owned 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; (F) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the Indebtedness secured by the Insured Mortgage, or any part of it, whether named as an Insured or not; (ii) With regard to (A), (B), (C), (D), and (E) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, or other matter insured against by this policy. "Insured Claimant": An Insured claiming loss or damage. "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A. "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. "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 easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (3) ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 501131,2-0893193e CONDITIONS (Continued) (k) "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 liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "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 or a prospective purchaser of the insured Mortgage 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 after acquisition of the Title by an Insured or after conveyance by 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 shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) 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 (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage, 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 or the lien of the Insured Mortgage, 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 liability to the Insured Claimant under the policy shall 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 shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in 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 obligation is limited to only those stated causes of action 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 f Form 5011312 (7-1-14) (b) (c) expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. 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 or the lien of the Insured Mortgage, 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. Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. 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 right 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 (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of the Insured Mortgage, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall 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 Toss 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 Page 4 of 6 I ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011312.0893193e CONDITIONS (Continued) requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) 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; or (ii) To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of purchase and that the Company is obligated to pay. When the Company purchases the Indebtedness, the Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any 9. collateral security. Upon the exercise by the Company of either of the options provided for in subsections (a)(i) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, 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. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and 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, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the 1 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)(i) or (ii), 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 continue 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. 1 (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (i) the Amount of Insurance, Form 5011312 (7-1-14) Page 5 of 6 0. 1. (ii) the Indebtedness, (iii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, or (iv) if a govemment agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the Insured Mortgage in satisfaction of its insurance contract or guaranty. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) 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 the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the Title, then the extent of liability of the Company shall continue as set forth in Section 8(a) of these Conditions. (d) In addition to the extent of liability under (a), (b), and (c), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 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 Title, or establishes the lien of the Insured Mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall 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 or to the lien of the Insured Mortgage, 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. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section 2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (b) The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in Section 2 of these Conditions. 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. ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011312-0893193e CONDITIONS (Continued) 12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) The Company's Right to Recover 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 or Insured Mortgage 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 any 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 Insured's Rights and Limitations (i) The owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor, extend or otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness, if it does not affect the enforceability or priority of the lien of the Insured Mortgage. (ii) If the Insured exercises a right provided in (b)(i), but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage insured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the Insured Claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors The Company's right of subrogation includes the Insured's rights against non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. The Company's right of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obligor (except an obligor described in Section 1(e)(i)(F) of these Conditions) who acquires the Insured Mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond, and the obligor will not be an Insured under this policy. 13. 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 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 I Form 5011312 (7-1-14) Page 6 of 6 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(s) 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. 14. 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 lien of the Insured Mortgage or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 15. 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. 16. 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 shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title or the lien of the Insured Mortgage that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (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. 17. 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 First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888-632-1642. (c) ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) ',-.43e;;; First American Schedule A Loan Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011312-0893193e Name and Address of Title Insurance Company: FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana, California 92707 File No.: 1054-6172120 Agent File No.: 42705DK Loan No.: . Address Reference: 2.5 ACRES (SURVEY ATTACHED), CRESTVIEW, FL 32539 Amount of Insurance: $275,000.00 Premium: $95.00 Date of Policy: September 30, 2022 at 3:01 PM 1. Name of Insured: City of Crestview, a Florida municipal corporation and each successor and/or assign that is a successor in ownership of the Indebtedness, except as provided in Section 12(c) of the Conditions. 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple 3. Title is vested in: Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida 4. The Insured Mortgage, and its assignments, if any, are described as follows: That certain mortgage from Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida to City of Crestview, a Florida municipal corporation, dated September 28, 2022, filed of record September 30, 2022, in Book 3645, Page 1413, Public Records of OKALOOSA County, Florida, in the original principal amount of $275,000.00. 5. The Land referred to in this policy is described as follows: See Exhibit "A" attached hereto and made a part hereof IForm 50089712 (11-1-21) Page 1 of 6 ALTA Loan Policy of Title Insurance (6-17-06:; Florida 6. This Policy incorporates by reference those ALTA endorsements selected below: NONE ❑ ALTA Endorsement 4.1-06 ❑ ALTA Endorsement 5.1-06 ❑ ALTA Endorsement 6-06 ❑ ALTA Endorsement 6.2-06 ❑ ALTA Endorsement 7-06 ❑ ALTA Endorsement 8.1-06 ❑ ALTA Endorsement 9-06 ❑ ALTA Endorsement 13.1-06 ❑ ALTA Endorsement 14-06 ❑ ALTA Endorsement 14.3-06 ❑ Florida Endorsement NSE Mead Law & Title, PLLC By: %Qit rLs 2- 024 Condominium (with Florida modifications) Planned Unit Development (with Florida modifications) Variable Rate Variable Rate - Negative Amortization Manufactured Housing Unit Environmental Protection Lien (with Florida modifications) - Paragraph 5 refers to the following state statute(s): NONE Restrictions, Easements, Minerals (with Florida modifications) Leasehold Loan Future Advance - Priority Future Advance - Reverse Mortgage (with Florida modifications) Navigational Servitude Authorized Countersignature for Mead Law & Title, PLLC (This Schedule A valid only when Schedule BI & BII are attached) Form 50089712 (11-1-21) Page 2 of 6 ALTA Loan Policy of Title Insurance (6-17-064 Florida" Exhibit A File No.: 1054-6172120 ISSUED BY First American Title Insurance Company POLICY NUMBER 5011312-0893193e The land referred to herein below is situated in the County of OKALOOSA, State of FL, and is described as follows: A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE DEPARTING SAID NORTH LINE PROCEED S01°56'31"W, FOR A DISTANCE OF 236.58 FEET TO A POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING = S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01°55148"E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINNING. Form 50089712 (11-1-21) Page 3 of 6 ALTA Loan Policy of Title Insurance (6-17-06] Florida First American Schedule BI File No.: 1054-6172120 Loan Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011312-0893193e PART I EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, 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. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. 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. 3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously, under water. 5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy. 6. Any minerals or mineral rights leased, granted or retained by current or prior owners. 7. Taxes and assessments for the year 2022 and subsequent years, not yet due and payable. 8. Oil, gas and mineral reservation recorded in Book 1172, Page 968 and Mineral Deed recorded in Book 1191, Page 803, without right of entry. 9. Easement granted to Gulf Power Company by instrument recorded in Book 2292, Page 2878. 10. Access Easement recorded in Book 3283, Page 2978. 11. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s). 12. Subject to the terms and condition as contained in that Ingress/Egress/Utility Easement as recorded in Book 3645, Page 1383 13. Subject to that Utility Easement as recorded in Book 3645, Page 1391 14. Subject to that Drainage Easement as recorded in Book 3645, Page 1399 Form 50089712 (11-1-21) Page 4 of 6 ALTA Loan Policy of Title Insurance (6-17-06; Florida. 15. Loss and/or damage occasioned by, including but not limited to: any encroachments as shown on survey prepared by Seaside Engineering and Surveying, LLC, dated 9/14/22, Job 22-69 Note: All of the recording information contained herein refers to the Public Records of OKALOOSA County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or Instrument Number is a reference to the Official Record Books of said county, unless indicated to the contrary. NOTE: Exception(s) numbered 1-5 above is/are hereby deleted. Form 50089712 (11-1-21) Page 5 of 6 ALTA Loan Policy of Title Insurance (6-17-06 Florid First American Schedule BII File No.: 1054-6172120 Loan Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011312-0893193e PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: None Form 50089712 (11-1-21) Page 6 of 6 ALTA Loan Policy of Title Insurance (6-17-06)1 Florida FILE #3582242 RCD: 9/30/2022 3:01 PM, BK: 3645 PG: 1413, RECORDING: S37.50 RECORDING ARTICLE V: $32.00 'DEPUTY CLERK ASECRIST JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA This instrument prepared by: MEAD LAW & TITLE 24 Walter Martin Rd NE, Ste 201 Fort Walton Beach, FL 32548 42705DK DOCUMENTARY TAX STAMPS AND INTANGIBLE TAXES ARE EXEMPT PURSUANT TO RULE 12B-4.054(24), FLORIDA ADMINISTRATIVE CODE. MORTGAGE AND SECURITY AGREEMENT This Mortgage, made this 28th day of September, 2022 between Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida ("Mortgagor"), whose address is 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579, and City of Crestview, Florida, a municipal corporation ("Mortgagee"), whose address is 198 North Wilson St., Crestview, Florida 32536. Witnesseth: MORTGAGEE, is the holder of a promissory note executed by Mortgagor in the original principal sum of $275.000.00. of even date herewith, in favor of Mortgagee ("Note"), MORTGAGOR does hereby grant to Mortgagee a mortgage lien on that real property described in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE to secure the performance by Mortgagor of all covenants and conditions of the Note, this Mortgage, and all other instruments securing the Note, and all existing or future notes, loans, guaranties, or other indebtedness owed by Mortgagor, or either or any of them, to Mortgagee, including all future advances, obligatory or otherwise, notwithstanding that such indebtedness is secured by other mortgages, and including all expenses or obligations incurred by Mortgagee pursuant to any existing or future mortgage, loan or security agreement, and in order to charge the properties, interests and rights hereinafter described with such payment and performance and for and in consideration of the sum of Ten and no/100 Dollars ($10.00), Mortgagor does hereby mortgage to Mortgagee and, where applicable, grant a security interest in the following: (A) All of the land in the State of Florida, described on Exhibit "A" attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession and claim whatsoever in law as well as in equity of Mortgagor of, in and to the same in every part and parcel thereof unto Mortgagee in fee simple. (B) (i) all personal property and fixtures now or hereafter affixed to or located on the property described in paragraph (A) hereof which is deemed to be fixtures and a part of the real property under applicable law; (il) all articles of personal property and all materials delivered to the property described in paragraph (A) hereof for use in any way thereon, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions and rights in action, including all rights to insurance 0005b, / l LIT FT/ -cam This instrument prepared by: MEAD LAW & TITLE 24 Walter Martin Rd NE, Ste 201 Fort Walton Beach, FL 32548 42705 D K DOCUMENTARY TAX STAMPS AND INTANGIBLE TAXES ARE EXEMPT PURSUANT TO RULE 12B-4.054(24), FLORIDA ADMINISTRATIVE CODE. MORTGAGE AND SECURITY AGREEMENT This Mortgage, made this 28th day of September, 2022 between Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida ("Mortgagor"), whose address is 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579, and City of Crestview, Florida, a municipal corporation ("Mortgagee"), whose address is 198 North Wilson St., Crestview, Florida 32536. Witnesseth: MORTGAGEE, is the holder of a promissory note executed by Mortgagor in the original principal sum of $275,000.00, of even date herewith, in favor of Mortgagee ("Note"); MORTGAGOR does hereby grant to Mortgagee a mortgage lien on that real property described in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE to secure the performance by Mortgagor of all covenants and conditions of the Note, this Mortgage, and all other instruments securing the Note, and all existing or future notes, loans, guaranties, or other indebtedness owed by Mortgagor, or either or any of them, to Mortgagee, including all future advances, obligatory or otherwise, notwithstanding that such indebtedness is secured by other mortgages, and including all expenses or obligations incurred by Mortgagee pursuant to any existing or future mortgage, loan or security agreement, and in order to charge the properties, interests and rights hereinafter described with such payment and performance and for and in consideration of the sum of Ten and no/100 Dollars ($10.00), Mortgagor does hereby mortgage to Mortgagee and, where applicable, grant a security interest in the following: (A) All of the land in the State of Florida, described on Exhibit "A" attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession and claim whatsoever in law as well as in equity of Mortgagor of, in and to the same in every part and parcel thereof unto Mortgagee in fee simple. (B) (i) all personal property and fixtures now or hereafter affixed to or located on the property described in paragraph (A) hereof which is deemed to be fixtures and a part of the real property under applicable law; (ii) all articles of personal property and all materials delivered to the property described in paragraph (A) hereof for use in any way thereon, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions and rights in action, including all rights to insurance Lfc. 7O5 b I /Th L - f r4Tl co policies and proceeds and all liquor licenses; all equipment including parts, accessories, attachments, special tools, additions and accessions thereto, and (iv) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing items. This Mortgage is a self -operative security agreement with respect to the above described property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedies in addition to those specified herein of a secured party under the Florida Uniform Commercial Code. (C) All rents, issues, profits, revenue, income, proceeds, and other benefits flowing or derived from the property described in paragraphs (A) and (B) hereof, provided however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, and use such benefits from the property as they become due and payable, but not in advance thereof. Everything referred to in paragraphs (A), (B) and (C) hereof and any additional property hereafter acquired by Mortgagor and subject to the lien of this Mortgage or any part of these properties is herein referred to as the "Mortgaged Property." PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee the Note at the times and in the manner stipulated therein, and in all other instruments securing the Note, and faithfully perform all the covenants and agreements in this Mortgage, the Loan Agreement, and all in other instruments securing the Note, to be kept performed or observed by Mortgagor, then this Mortgage shall cease and be void, but shall otherwise remain in full force and effect. Covenants of Mortgagor 1. Compliance with Note and Mortgage; Warranty of Title. Mortgagor shall comply with all provisions hereof, of the Note, the Loan Agreement (if applicable) and of every other instrument securing the Note, and will promptly pay to Mortgagee the principal with interest thereon and all other sums required to be paid by Mortgagor under the Note, the Loan Agreement, this Mortgage and all other instruments securing the Note. Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple and Mortgagor has lawful authority to convey, mortgage and encumber the same as provided by this Mortgage, and does hereby so warrant. 2. Payment of Taxes and Liens. Mortgagor shall pay all taxes, assessments, liens, levies, liabilities, obligations and encumbrances of every nature and kind whether now or hereafter imposed, levied or assessed on the Mortgaged Property, this Mortgage or the indebtedness secured hereby. All such payments shall be made when due and payable before they become delinquent and before any interest attaches or any penalty is incurred. Insofar as any such lien or encumbrance is of record the same shall be promptly satisfied or released and evidence of such satisfaction or release shall be given to Mortgagee. Mortgagee may at its option require Mortgagor to deposit with Mortgagee on the first day of each month, in addition to making payments of principal and interest, until the Note is fully paid, an amount equal to one -twelfth (1112) of the annual taxes and assessments payable with respect to the Mortgaged Property. Such deposits shall not be, nor be deemed to be, trust funds, but may be commingled with the general funds of Mortgagee, and no interest shall be payable in respect thereof. Upon demand by Mortgagee, Mortgagor shall deliver to Mortgagee such additional monies as are necessary to make up any deficiencies in the amounts necessary to enable Mortgagee to pay such taxes and assessments when due. In the event of default under any of the terms, covenants and conditions in the Note, 2 the Loan Agreement, this Mortgage or any other instrument securing the Note to be performed or observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured hereby, in such manner as Mortgagee shall determine, any amount under this paragraph remaining to Mortgagor's credit. 3. Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property and all parts of the Mortgaged Property insured as may be required from time to time by Mortgagee against all perils as may be required by Mortgagee, and to pay promptly, when due, all premiums for such insurance. All such insurance shall be carried with companies approved by Mortgagee and the policy and renewals thereof shall be held by Mortgagee and have attached thereto loss payable clauses in favor and in form acceptable to Mortgagee. In event of loss, Mortgagor shall give immediate notice by mail to Mortgagee and Mortgagee may make proof of Toss if not made promptly by Mortgagor, and each insurance company concerned is hereby authorized and directed to make payments for such loss directly to Mortgagee instead of to Mortgagor or to Mortgagor and Mortgagee jointly and the insurance proceeds or any part thereof may be applied by Mortgagee at its option, after deducting therefrom all its expenses including attorney's fees, either to reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. Mortgagee is hereby authorized, at its option, to settle and compromise any claims, awards, damages, rights of action and proceeds, and any other payment or relief under any insurance policy. In the event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title, and interest of Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. Mortgagee may at its option require Mortgagor to deposit with Mortgagee on the first day of each month, in addition to making payments of principal and interest, until the Note is fully paid, an amount equal to one -twelfth (1/12) of the annual premiums for all insurance. Such deposits shall not be, nor be deemed to be, trust funds, but may be commingled with the general funds of Mortgagee, and no interest shall be payable in respect thereof. Upon demand by Mortgagee, Mortgagor shall deliver to Mortgagee such additional monies as are necessary to make up any deficiencies in the amounts necessary to enable Mortgagee to pay such premiums when due. In the event of default under any of the terms, covenants and conditions in the Note, the Loan Agreement, this Mortgage or any other instrument securing the Note to be kept, performed or observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured hereby in such manner as Mortgagee shall determine, any amount under this paragraph remaining to Mortgagor's credit and any return premium received from cancellation of any insurance policy by Mortgagee upon foreclosure of this Mortgage. 4. Condemnation. If all of any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used herein shall include any damage or taking by any governmental authority or any other authority authorized by the Laws of the State of Florida or the United States of America to so damage or take, any transfer by private sale in lieu thereof), either temporarily or permanently, then the entire indebtedness and other sums secured hereby shall at the option of Mortgagee, become immediately due and payable. Mortgagee shall, be entitled to all compensation awards, damages, claims, rights of actions and proceeds of, or on account of any such damage or taking through condemnation and is hereby authorized, at its option, to commence, appear in and prosecute, in its own or Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation awards, damages, claims, rights of actions and proceeds, and any other payments or relief, and the right thereto, are hereby assigned by Mortgagor to Mortgagee, who, after deducting therefrom all its expenses including attorney's fees may release any monies so received by it without affecting the lien of this Mortgage or may apply the same, in such manner as Mortgagee shall determine, to the reduction of the sums secured hereby and to 3 any prepayment charge provided in the Note, the Loan Agreement, this Mortgage or any other instruments securing the Note. Any balance of such monies then remaining shall be paid to Mortgagor. Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as Mortgagee may require. 5. Care of Mortgaged Property. Mortgagor shall not remove or demolish any building or other property forming a part of the Mortgaged Property without the written consent of Mortgagee, or permit, commit, or suffer any waste, impairment or deterioration of the Mortgaged Property or any part thereof, and shall keep the same and the improvements thereon in good condition and repair. Mortgagor shall notify Mortgagee in writing within five (5) days of any injury, damage, or impairment of or occurring on the Mortgaged Property including, but not limited to, serious injury or loss by death or otherwise occurring on the Mortgaged Property. Mortgagee may, at Mortgagee's discretion, have the Mortgaged Property inspected at the time and Mortgagor shall pay all costs incurred by Mortgagee in executing such inspection. 6. Mortgagee's Right to Make Certain Payments. In the event Mortgagor fails to pay and/or discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances, or fails to keep the Mortgaged Property insured or to deliver the policies, premiums paid, or fails to repair the Mortgaged Property as herein agreed, Mortgagee is hereby authorized at its election to pay and/or discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances or any part thereof, to procure and pay for such insurance or to make and pay for such repairs, without any obligation on its part to determine the validity and/or necessity thereof, and without Mortgagee waiving or affecting any option, lien, equity or right under or by virtue of this Mortgage. The full amount of each and every such payment made by Mortgagee shall be immediately due and payable by Mortgagor and shall bear interest from the date thereof until paid at the Default Rate, as hereinafter defined, and together with such interest, shall be secured by the lien of this Mortgage. Nothing herein contained shall be construed as requiring Mortgagee to advance or expend monies for any of the purposes mentioned in this paragraph. 7. Payment of Expenses. Mortgagor shall pay all the costs, charges and expenses, including reasonable attorney's fees, whether incurred at the trial or appellate level, disbursements and costs of abstracts of title, incurred or paid at any time by Mortgagee because and/or in the event of the failure on the part of Mortgagor promptly and fully to perform, comply with and abide by each and every stipulation, agreement, condition and covenant of the Note, the Loan Agreement, this Mortgage and any other instrument securing the Note. Such costs, charges and expenses, shall be immediately due and payable, without notice, demand, attempt to collect or suit pending. The full amount of each and every such payment shall bear interest from the date thereof until paid at the Default Rate, as hereinafter defined. All such costs, charges and expenses so incurred or paid, together with such interest, shall be secured by the lien of this Mortgage. 8. No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied on the credit worthiness and reliability of Mortgagor. Mortgagor covenant and agrees not to sell, convey, transfer, lease or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of Mortgagee, and any such sale, conveyance, transfer, lease or encumbrance made without Mortgagee's prior written consent shall be void and a default herein. If any person should obtain an interest in all or any part of the Mortgaged Property pursuant to the execution or enforcement of any lien, security interest or other right, whether superior, equal or subordinate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by Mortgagor and a default hereunder 4 9. After Acquired Property. The lien of this mortgage will automatically attach, without further act, to all after acquired property located in or on, or attached to, or used or intended to be used in connection with or with the operation of the Mortgaged Property. 10. Additional Documents. At any time and from time to time, upon Mortgagee's request, Mortgagor shall make, execute and deliver or cause to be made, executed and delivered to the Mortgagee and, where appropriate, shall cause to be recorded or filed and from time to time thereafter to be re -recorded or re -filed at such time and in such offices and places as shall be deemed desirable by Mortgagee any and all such further mortgages, instruments of further assurance, certificates and other documents as Mortgagee may consider necessary or desirable in order to effectuate, complete, enlarge or perfect, or to continue and preserve the obligations of Mortgagor under the Note and this Mortgage, and the lien of this Mortgage, as a first and prior lien upon all of the Mortgaged Property, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor to do so, Mortgagee may make, execute, record, file, re-record or refile any and all such mortgages, instruments, certificates and documents for and in the name of Mortgagor, and Mortgagor hereby irrevocably appoints Mortgagee agent and attorney -in -fact of Mortgagor to do so. II. Events of Default Any one of the following shall constitute an event of default: 11. (a) Failure by Mortgagor to pay, as and when due and payable, any installments of principal or interest due under the Note, or any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder, or under the Loan Agreement or any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any covenant, condition or agreement in the Note, the Loan Agreement, this Mortgage, or any other instrument securing the Note. (c) If either Mortgagor or any guarantor or endorser of the Note: (i) files a voluntary petition in bankruptcy, or (ii) is adjudicated as a bankrupt or insolvent, or (iii) files any petition or answer seeking or acquiescing in any reorganization, management, composition, readjustment, liquidation, dissolution or similar relief for itself under any law relating to bankruptcy, insolvency or other relief for debtors, or (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master or liquidator of itself or of all or any part of the Mortgaged Property, or (v) makes any general assignment for the benefit of creditors, or (vi) makes any admissions in writing of its inability to pay its debts generally as they become due; or (vii) a court of competent jurisdiction enters an order, judgment or decree approving a petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state, or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, which order, judgment or decree remains unvacated and unstayed for an aggregate of sixty (60) days whether or not consecutive from the date of entry thereof; or (viii) any trustee, receiver or liquidator of it or of any part of the Mortgaged Property is appointed without the prior written consent of Mortgagee, which appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days whether or not consecutive. (d) Any breach of warranty or material untruth of any representation of Mortgagor contained in the Note, the Loan Agreement, this Mortgage or any other instrument securing the Note. (e) An event of default under any existing or future notes, loans, advances, guaranties, or other indebtedness owed to the Mortgagee by the Mortgagor, or any or either of them, or under any instrument securing such indebtedness. 5 III. Remedies of Mortgagee 12. Acceleration. If an event of default shall have occurred, Mortgagee may declare the outstanding principal amount of the Note and the interest accrued thereon, and all other sums secured hereby, to be due and payable immediately, and upon such declaration such principal and interest and other sums shall immediately become due and payable without demand, notice or presentment for payment, unless otherwise provided in the Loan Agreement. 13. Other Remedies. If an event of default shall have occurred, Mortgagee may proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy: (a) to enforce payment of the Note or the performance of any term hereof or any other right; (b) to foreclose this Mortgage and to sell, as an entirety or in separate Tots or parcels, the Mortgaged Property under the judgment or decree of a court or courts of competent jurisdiction; (c) to collect all rents, issues, profits, revenues, income, proceeds or other benefits from the Mortgaged Property; (d) to seek appointment of a receiver to enter upon and take possession of the Mortgaged Property and to collect all rents, issues, profits, revenues, income or other benefits thereof and apply the same as the Court may direct and such receiver shall have all rights and powers permitted under law; and (e) to pursue any other remedy available to it, including, but not limited to taking possession of the Mortgaged Property without notice or hearing to Mortgagor. Mortgagee shall take action either by such proceedings or by the exercise of its power with respect to entry or taking possession, or both as Mortgagee may determine. 14. No Waiver. No delay or omission of Mortgagee or of any holder of the Note and Mortgage to exercise any right, power or remedy accruing upon any event of default shall exhaust or impair any such right, power or remedy or be construed as a waiver of any such event of default or constitute acquiescence therein. 15. Non -Exclusive Remedies. No right, power or remedy conferred upon or reserved to Mortgagee by the Note, the Loan Agreement, this Mortgage or any other instrument securing the Note is exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power or remedy given hereunder or under the Note, the Loan Agreement, or any other instrument securing the Note, or now or hereafter existing at law, in equity or by statute. IV. Miscellaneous 16. Successors and Assigns Bound. Whenever one of the parties hereto is named or referred to herein, the heirs, personal representatives, successors and assigns of such party shall be included and all covenants and agreements contained in this Mortgage, by or on behalf of Mortgagor or Mortgagee, shall bind and inure to the benefit of their respective heirs, personal representatives, successors and assigns. 17. Invalid or Unenforceable. In the event that any of the covenants, agreements, terms or provisions contained in the Note, this Mortgage or any other instrument securing the Note shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreement, terms or provisions contained herein and in the Note and any other instrument securing the Note shall be in no way affected, prejudiced or disturbed thereby. 6 18. Future Advances. This Mortgage is given to secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or are to be made at the option of Mortgagee, or otherwise, as are made within twenty years from the date hereof, to the same extent as if such future advances are made on the date of the execution of this Mortgage. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at one time shall not exceed four times the face amount of the Note plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the Mortgaged Property, with interest on such disbursements at the Default Rate as hereinafter defined. 19. Obligation of Mortgagor. Mortgagor shall pay the cost of releasing or satisfying this Mortgage of record. 20. Default Rate. The Default Rate shall be interest at the maximum rate permitted by applicable law, whether now or hereafter in effect. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year above first written. Signed, sealed and delivered in the presence TAMRA L. COKONOUGHER Pr • itn- s Name John S. Mead Print Witness Name STATE OF FLORIDA COUNTY OF OKALOOSA 'flqdiA, WW1 4e A4iASO/y\ Benjan!1,in F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida The foregoing instrument was acknowledged before me this O$U., day of September, 2022 by means of physical presence by Benjamin F. Ander on, as Tax Collector for Okaloosa County, a Political Subdivision of the State of Florida, who (s personally known to me OR ( ) produced as identification. fr.,,l'Aff? PUBLIC 7 Notary P bli Mead of Florida Johe MyHl4 59767i0R Exp.1 0I20/2025 EXHIBIT "A" (Legal Description) A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'S5"E ALONG THE NORTH LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE DEPARTING SAID NORTH LINE PROCEED S01 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO A POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING = S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET (CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE, PROCEED N01°55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET), MORE OR LESS. 8