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Chicago Title Insurance Company Policy 7210609-348170 AMERICAN L9lJD TITLE ASSOCIATION OWNER'S POLICY (10-17-921 (WITH F7.ORII19 MODIFICATIONS) Policy No. 7210609- 3 4 817 0 CHICAGO TITLE INSURANCE COMPANY i SUBIECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B ANll TI•IE CONDITIONS ANU STlYUI..AfIONS, CHICAGO TITLE INSURANCE COIviPANY, a X•fissouri corporation, herein called the Compatry, insures, as of Date of Policy shown in Schcthtle A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, suuained or incurred by the insured by reason of: 1. 'TSde to the estate or interest described in Schedule A being vested other than as stated therein; 2. Aay defect in or lien. or cncurnbrattce on the tiNe; 3. Utwtarketability of the tide; 4. Lack of a rigJu of access to a~ from the land. 'The Company will also pay the costa, attorneys' fees and expenses incurred in defense of the tide, as insured, but only to the extent provided in the Conditions and Stipulations. !n Wimess Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signal and scaled as of the Dete of Policy shown ut Schedule A, the policy to become valid when countersigned F>S• an authorized signatory. CHICAGO TITLE INSURANCE COIvIPANY i Presdert. ~ ~TtEST. ~~ ~ ~~~ Reorder Form Nc. 821 S (Reprinted I tllWl A.LTA Owner s Pulicy (19-17-9?5 (w:~A AodAa aloi5cauons) SCHEDULE A OFFICE Fl'_E NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 1 79496-006 2 7210609-346170 3 April 3, 2009 4 S2,380,000.00 11:52 a. m. 1, Name of Insural: Bay Rond Paztncrs LLC, a Florida limited liability company 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest refernd to herein is at Dntc of Policy vested in the insured. As evidenced by that certain Special Warranty Dccd dated March 31, 2009 recorded April 3, 2009, in Official Records Book 26815, Page 3653, Public Records of Miami-Dade County, Florida. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: None 5. T'he land referred to in ll>is policy is described as follows: Unit B1ZP in Purdy Avenue Commercial Condominium, according to the Declaration of Condominium thereof, recordul in Official Records Book 26815 at Page 3667, of the Public Record of Miami-Dade County, Florida. 1 hie Policy vniid only if Sclwdnlc B is atWChcd. 52~ 433 I .dac SCHEDULE B Policy Number: 7210609-348170 This policy does not iasure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptiona: The mortgage, if any; referred to in Item 4 of Schedule A, if this schedule is attached to an Owner's Policy. 1. Taxes and assesstnents for the year 2009 and subsequent years. 2. Matters set forth on the plat of ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW SUBDIVISION, as recorded in Plat Book 6, Page 115. 3. Matters set forth on the plat of ISLAND VIEW ADDITION, as recorded in Plat Book 9, Page 144. 4. Order of the City of Miami Beach Design Review Board recorded in Official Rocords Book 26626, Page 2828. 5. Subject to the terms and conditions set forth in that certain Conditional Use Permit recorded December 2, 2008 in Official Records Book 26669, Page 2501. NOTE: Division of LandlLot Split Final Order recorded December 2, 2008 in Official Records Book 26669, Page 2448. 6. Sketch of Survey trade by Fortion, Leavy, Skills, Inc. dated March 17, 2009, lob No. 090217 discloses the following: A. Possible unrecorded utility rights evidenced by light pole and drop pole. B. Encroachment of building overhang onto Lot 2, Block 14A. -2- 525433_1DOC SCHEDULE B Policy Number: 721.0609-348170 7. All the covenants, conditions, restrictions, easements, assessments and possible liens, terms and other provisions of Declaration of Condominium of PURDY AVENUE COM.MERCIAI- CONDOMFNIUM and Exhibits thereto, recorded in Official Records Book 26815, Page 3667, of the Public Records of Miami-Dade County, Florida, and as further amended, including, but not limited to one or more of the following: provisions for private charges or assessments; liens for liquidated damages; and/or option, right of first refusal or prior approval of a furore purchaser or occupant. 8. Lease between Bay Road Partners, LLC and Tremont Towing, inc., a Memorandum of which is recorded in Official Records Book 26815, Page 3736, of the Public Records of Miami -Dade County, Florida. NOTE: With respect to any Exception in Schedule B reciting covenants and restrictions said Exception(s) omits any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Secfioa 3607 of the United Stales Code or (b) relates to handicap but does not discriminate against handicapped persons. 9. The rights of tenants, as tenants only. NOTE: All of the recording informatioa contained herein refers to the Public Records of Miami-Dade County, Florida, unless otherwise indicated. TEW RD .L.P. B ' e, PA -3- S2S433 1.000 ENDORSEMENT Attached to Policy No. 7210609-348170 Issued by CHICAGO TTTLE FNSI7RANCE COMPANY The Company insures the insured against loss or damage sustained by mason of: (I) The failure of the unh identified in Schedule A and its common elements to be pert of a condominium within the meaning of the condominium statutes of the jurisdiction in which the unit and its common elements are locaced. (2) The failure of the doamreau required by the condominium statuces to comply with the requirements of said statutes to the excent that such failum affects the title to the unit and its common elements. (3) presort violations of soy restrictive covenants which restrict the use of the unit and its common elemems and which are contained in the condaminhmt doaunents. The restrictive covenants do not contain any prekisions which trill cause a forfeiture or reversion of title. (4) The priority of any lien for c2targes and ass~smenis provided for in the wrrdomirtitrm statutes and cond~inn+^+ documents over the lien of a~~ insured mor~age identified in Schedule A. (S) The failure of rho unit and i~ cornmon elements m be entitled by law W ba assessed for real property taxes 8s a separate parcel. (6) Any obligation to remove any improvements which exist at Dace of Policy because of arty present encroachment or because of airy future unintentional encroachment of the co>ranon elements upon any unit or of any unit upon the common elements or another twit. (7) The fiulure of titie'oy reason of a right of first refusal to ptnchase the unit and its common el~ncnu which was exercised or could have been exercised at Dace of Policy. This endorsement is made a part of the policy and is subject to all of fire terms and provisions thereof and of any prior endorsemants 9terato. Ezcept to the extent expressly stated, it neither modifies arty of the terms and provisions of dre policy and arty prior errdarsemenis, nor does it extend the effectivre date of the policy and any prior endorsements, nor does it increase the face amount thereof. DATED: April 3, 2009 CHICAGO TITLE Q9SURANCS COMPANY CHICA[i0 TITLE INSUAANC))E COMPANY v ~7 L~ Auhhotized Si ory ~~ ssa~>)lr~~ tae.r Note: This endorsement shall not be valid rn binding z' ~ ;+~~v ~.{,~ unfi! signed by an authorized signatory. - ¢c/elsry ALTA P.ndorsement Fonn 4 -- Condominirun 1967 CLTA Form 115.1 (3/13/87) (Condomhuum) (4/1!87) FLORIDA FORM 8.1 ENVT.RONMENTAL LIEN ENDORSEIt~NT Attached to and forming a Bart of Policy No. 7210609-348170 Issued by CHICAGO TITLE INSURANCE COMPANY The Company insures the Insured against loss or damage sustained by reason of the lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real properly to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth, if at all, in Schedule ]3; or (b) any environmental protection lien provided for by any state statute in effect at bate of Policy, except environmental protection liens provided for by the following state statute(s): This Endorsement is made a part of the policy and is subject to all of the terms and provision thereof and of any prior endorsements thereto, Except to the extent expressly stated, it neither modi5es any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective daze of the policy and any prior endorsements, nor does it increase the face amount of insurance. DATED: Apri13, 2009 CHY.AGO'i7LE W5UR0.NCE COMPANY CHICAGO TIT INt AL~CF COlV1PANY AuthorizeA Note: This endorsement shall not be valid or binding until signed by an authorized signatory.