Chicago Title Insurance Company
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1 Chicago Title Insurance Company Commitment Number: H11 SCHEDULE A 1. Commitment Date: April 28, 2010 at 8:00:00 2. Policy (or Policies) to be issued: (a) Owner's Policy (ALTA Owners Policy (10/17/92) with Florida Modifications) Proposed Insured: TBD Amount (b) Loan Policy Proposed Insured: (ALTA Loan Policy (10/17/92) with Florida Modifications) 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: The Bank of Bonifay 4. The land referred to in this Commitment is described as follows: Lot 26, South Walton Commerce Park, according to the map or plat thereof, as recorded in Plat Book 16, Page 19, of the Public Records of Walton County, Florida. NORTH AMERICAN TITLE COMPANY By: Authorized Officer or Agent Schedule A S1FLOTC.0659 Rev. 6/13/01 Valid Only if Schedule B and Cover are Attached
2 Chicago Title Insurance Company Commitment Number: H11 SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be properly executed, delivered and filed for record. a. Duly authorized Warranty Deed from The Bank of Bonifay to TBD, together with evidence satisfactory to the Company of the corporation's good standing under the laws of its domicile state. NOTE: If the current transaction involves: (1) the disposition of substantially all of a corporation's property or assets; (2) the conveyance of corporate property to an officer, director or agent who is also a signatory; (3) conveyance of property for minimum consideration; or (4) the execution of documents incident to the transaction by an officer other than the president, chief executive officer, or a vice-president with a corporate seal, then a recordable resolution of the corporation's Board of Directors, Shareholders and/or Members must be obtained. If the transaction involves the sale of substantially all of the assets of the corporation, in addition to a recordable resolution, satisfactory proof that shareholder approval was obtained in accordance with Sec F.S. must be placed of record. This proof must be approved by the underwriting department. 3. Proof of payment of any outstanding assessments in favor of Walton County, Florida, any special taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception will appear on Schedule B: Any outstanding assessments in favor of Walton County, Florida, any special taxing district and any municipality. 4. Record in the Public Records a release or satisfaction of the Repurchase Option and Right of First Refusal, in favor of St. Joe Timberland Company of Delaware, LLC, recorded in Official Records Book 2674, Page 3148 and Official Records Book 2674, Page Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 6. Furnish proof, satisfactory to the Company, that all homeowner's association fees and assessments, if any, have been paid in full and that there are no delinquencies. 7. The name or names of the Proposed Insured under the proposed policy must be furnished in order that this Commitment may become effective. This Commitment is subject to further requirements as may be deemed necessary. 8. Payment of any pending or certified charges/special lien/assessments including, but not limited to: Sanitation, Utility, Road Paving, Wastewater, imposed by the City, County, and/or the State. NOTE: This county may have special lien/assessments imposed by the local municipality. These lien/assessments are not discovered in a title search or shown above. These special assessments typically create a lien on real property. The municipality which governs subject property must be contacted to verify payment status. Schedule B - Section I (10/17/92)
3 Commitment Number: H11 SCHEDULE B - SECTION I REQUIREMENTS (Continued) 9. NOTE: Real Estate Taxes for the year 2007 are PAID under Tax ID 053S Real Estate Taxes for the year 2008 are PAID under Tax ID 053S Real Estate Taxes for the year 2009 are PAID under Tax ID 053S Real Estate Taxes for the year 2010 are PAID under Tax ID 053S The gross amount is $ Property Address: LOT SERENOA ROAD, SANTA ROSA BEACH, Schedule B - Section I (10/17/92)
4 Chicago Title Insurance Company Commitment Number: H11 SCHEDULE B - SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2011 and subsequent years, which are not yet due and payable. 3. Standard Exceptions: a. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters not shown by the public records which would be disclosed by an accurate survey of the land. b. Rights or claims of parties in possession not shown by the public records. c. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. d. Taxes or assessments which are not shown as existing liens in the public records. 4. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 5. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 6. Restrictions, conditions, reservations, easements and other matters contained on the Plat of South Walton Commerce Park, as recorded in Plat Book 16, Page 19, Public Records of Walton County, Florida. 7. Intentionally Deleted 8. Restrictions contained in Warranty Deed recorded in Official Records Book 2674, Page Assignment of water and sewer rights recorded in Official Records Book 2674, Page Utility Easement to Gulf Power Company recorded in Official Records Book 2640, Page Easement Agreement recorded in Official Records Book 2646, Page Utility Easement to Choctawhatchee Electric Cooperative, Inc. recorded in Official Records Book 2640, Page Easement Agreement recorded in Official Records Book 2001, Page Declaration of Covenants, Conditions and Restrictions for South Walton Commerce Park recorded in Official Records Book 2645, Page 3603, Supplementary Declaration in Official Records Book 2645, Page 3648 and as may be subsequently amended. 15. Conservation Easement Deed recorded in Official Records Book 2188, Page 168, as revised and modified in Official Records Book 2364, Page 43, with Amendment in Official Records Book 2533, Page Easement to Alabama Electric Cooperative, Inc., recorded in Official Records Book 2642, Page Easement contained in Warranty Deed recorded in Official Records Book 2211, Page Easement to Bellsouth Telecommunications, Inc., recorded in Official Records Book 2309, Page Schedule B - Section II (10/17/92)
5 Commitment Number: H11 SCHEDULE B - SECTION II EXCEPTIONS (Continued) NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. NOTE: If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or for the account of the borrower. Neither the Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred. NOTES ON STANDARD EXCEPTIONS: Item 3A will be deleted from the policy upon receipt of an accurate survey of the land acceptable to the Company. Items 3B, 3C, and 3D will be deleted from the policy upon receipt of an affidavit-indemnity acceptable to the Company, stating (i) who is in possession of the land, (ii) whether improvements to the land have been made or are contemplated to commence prior to the date of closing, which improvements will not have been paid for in full prior to the closing, and (iii) that there are no taxes or assessments which are not shown as existing liens in the public records. NOTE: All recording references in this commitment/policy shall refer to the public records of Walton County, Florida, unless otherwise noted. Schedule B - Section II (10/17/92)
6 Chicago Title Insurance Company, Ticor Title Insurance Company Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: From applications or other forms we receive from you or your authorized representative; From your transactions with, or from the services being performed by us, our affiliates, or others; From our internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information. We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: to agents, brokers or representatives to provide you with services you have requested; to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc Calle Real, Suite 220 Santa Barbara, CA 93110
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