Title Insurance Fund
(American lAnd Title Associa~on Commllmenl- 1966 Rev.}
COMMITMENT
AND
CLOSING PROTECTION LETTER
Attorneys' Title Insurance Fund, Ine.
ORLANDO, FLORIDA
Commitment To Insure Title
ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called THE FUND,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule .
A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof! "
This Cominitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by THE
FUND, either at the time of the issuance of this Commitment or by. subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of THE FUND,
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment
to be signed and sealed as of the effective date of Commitment shown in Schedule A, the
Commitment to become valid when countersigned by an authorized signatory,
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Attorneys' Title Insurance Fund, Inc.
BY.~~
Charles J. Kovaleski
President
SERIAL
CF- 1470054
FUND FORM CF (rev. 5(99)
Standard Exceptions
The owner policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule B
hereof, All policies will be subject to the following exceptions: (1) taxes for the year of the effective date of
this Commitment and taxes or special assessments which are not shown as existing liens by the public
records; (2) rights or claims of parties in possession not shown by the public records; (3) encroachments,
overlaps, bonndary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises; (4) easements, or claims of easements, not shown by the public records; (5)
any lien, or right ~o a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public recqrds,
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument,
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge
to THE FUND in writing, THE FUND shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent THE FUND is prejudiced by failure to so disclose such
knowledge, If the proposed Insured shall disclose such knowledge to THE FUND, or if THE FUND
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, THE FUND at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve THE FUND from liability previously incurred pursuant to paragraph
3 of these Conditions and Stipulations.
3, Liability of THE FUND nnder this Commitment shall be only to the named proposed Insured and such
parties included nnder the definition of Insured in the form of policy or policies committed for and
only for actual loss incurred in reliance hereon in nndertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the
estate or interest or mortgage thereon covered by this Commitment. In no event shall Stich liability
exceed the amonnt stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations
of the form of policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly modified
herein,
4, Any action or actions or rights of action that the proposed Insured may have or may bring against THE
FUND arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
FUND COMMITMENT
Schedule A
Commitment No.:
Effective Date:
CF-1470054
December 14, 2004 at 11 :00 PM
Fund File Number: 01-2005-000725
Agent's File Reference: City ofMB/97052.12
1. Policy or Policies to be issued:
Proposed Amount of Insurance
OWNER'S: ALTA Owner's Policy (10/17/92), (If other, specify.)
$1,080,000.00
Proposed Insured:
City of Miami Beach, a Florida municipal corporation
MORTGAGEE:
2. The estate or interest in the land described or referred to in this commitment is a fee simple and
title thereto is at the effective date hereof vested in:
Gloria Rosenthal, Trustee of the Gloria Rosenthal Revocable Trust u/a1d 5-14-99
3. The land referred to in this commitment is described as follows:
Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty Company,
according to the plat thereof as recorded in Plat Book 9, Page 146, Public Records of Miami-
Dade County, Florida,
AGENT NO.: 2331801
ISSUED BY: Bloom & Minsker, P,L.
MAILING ADDRESS:
1110 Brickell Ave 7th Floor
Miami FI33131-3107
AGENT'S SIGNATURE
Rev.1.2
FUND COMMITMENT
Schedule B
Commitment No.:
Fund File Number 01-2005-000725
L The following are the requirements to be complied with:
8
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed, delivered
and filed for record:
A, Trustee's Deed from Gloria Rosenthal, individually joined by spouse if married, and as
trustee under Gloria Rosenthal Revocable Trust u1a/d 5-14-99 to the proposed insured
purchaser( s),
3.
A determination must be made that there are no unrecorded special assessment liens or
unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or
other development fees, unpaid waste fees payable to the county or municipality, or unpaid
service charges under Ch. 159, F. S., or county ordinance.
4,
Review of the complete trust agreement of the Gloria Rosenthal Revocable Trust u1a/d 5-14-
99 and referred to in the instrument recorded in Q,R. Book 18639, Page 2363 and O.R Book
18666, Page 4763 and all amendments thereto to determine that the proposed transaction is
authorized under the terms of the trust. Said trust agreement, and amendments, shall be
attached to an affidavit confirming that it is a full and complete copy of the trust and
amendments, and kept in The Fund agent's file, Further requirements may be necessary upon
review of the trust. Record affidavit from trustee or attorney for the trust stating at least the
following: (I) name ofthe trustee(s) or successor trustee(s) and attaching excerpts of the
pertinent pages from the trust documents showing the appointment and identity of the
trustee(s) or successor trustee(s) as exhibits; and if the successor trustee(s) acts, that the
successor trustee( s) is appointed due to circumstances described in attached excerpts of the
trust and further evidenced by the supporting documents attached as exhibits (2) legal
description of the trust property (3) an affirmative statement that the trustee(s) or successor
trustee(s) has the full power and authority to do the required act and attaching as exhibits
pertinent pages of the trust describing such authority, (4) that nothing in the trust documents
prohibits or restricts the trustee(s) or successor trustee(s) from doing the required act, and (5)
that the trust has been in full force and effect during the period of ownership of the real
property to be insured,
Satisfaction and/or Release of Final Order Notice of Violations recorded in O.R. Book 17536,
Page 2511, Public Records of Miami-Dade County, Florida,
6,
Recording of a Notice of V oluntary Dismissal with prejudice between Gloria Rosenthal,
Trustee of the Gloria Rosenthal Revocable Trust u1a/d 5-19-88, n/k/a Gloria Rosenthal Trust
u1a/d 5-14-99 and The City of Miami Beach, a political subdivision of the State of Florida, as
disclosed by Case No, 04-10744 CA 31 in the Circuit Court of Miami-Dade County, Florida.
\l\
Page 2 of 4
FUND COMMITMENT
Commitment No.:
Fund File Number 01-2005-000725
CD
Satisfaction or Proof of Non-Identity relating to the following Certified Judgment(s) against
the name of Gloria Miller: Q,R, Book 22794, Page 2507, Public Records of Miami-Dade
County, Florida.
8,
Affidavit to be executed by seller stating: I) There are no matters pending against the affiant
that could give rise to a lien that would attach to the property between 12/14/2004 and the
recording of the interest to be insured. 2) That the affiant(s) have not and will not execute
any instruments that would adversely affect the interest to be insured.
9.
Closing funds are to be disbursed by or at the direction of the agent of The Fund identified at
bottom of Schedule A,
10.
A search commencing with the effective date of this commitment will be performed at or
shortly prior to the closing of this transaction, If this search reveals a title defect or other
objectionable matters, an endorsement will be issued requiring that this defect or objection be
cleared on or before closing.
11.
Affidavit from the owner of the subject property, or some other person having actual
knowledge, establishing that no person other than the owner is in possession.
12,
A survey meeting The Fund's requirements must be furnished, If such survey reveals any
encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as
exceptions in the policy to be issued based upon this commitment.
13. Affidavit from a reliable person must be furnished establishing that more than 90 days has
lapsed since the completion of all improvements for which payment has not been made in
full.
~1~ Satisfaction/closing of 1996 zoning violation; open case number Z-960747 (?); City of Miami
~ Beach (mayor may not be related to item number 5 above),
IL Schedule B of the policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of The Fund:
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. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B
the standard exceptions set forth at the inside cover hereof unless an affidavit of possession
and a satisfactory current survey are submitted, an inspection of the premises is made, it is
determined the current year's taxes or special assessments have been paid, and it is
determined there is nothing of record which would give rise to construction liens which
could take priority over the interest(s) insured hereunder (where the liens would otherwise
take priority, submission of waivers is necessary). N-u<<
Page 3 of 4 \l \
FUND COMMITMENT
Commitment No.:
Fund File Number 01-2005-000725
3. Federal liens and judgment liens, if any, filed with the Florida Department of State
pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which
designate the Florida Department of State as the place for filing federal liens andjudgment
liens against personal property. For insuring purposes:
(a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not
limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative
associations, vendees' interests, and options when those interests are held by a
partnership, corporation, trust or decedent's estate; and
(b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited
to, leaseholds, interests in cooperative associations, vendees' interests, and options
regardless of the type of entity holding such interests, including individuals. (!fote:
Mortgages have been specifically excluded from the personal property interests in
which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq.,
F.S.)
4, Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
Amended Plat of Block Thirteen of the Alton Beach Realty Company, as recorded in Plat Book
9, Page 143, Public Records of Miami-Dade County, Florida,
5, Taxes for the year of the effective date of this policy.
6. Subject to rights of tenants under unrecorded leases, if any,
7, The Policy when issued shall have attached thereto a Florida Form 9,2 Endorsement. The
coverage shall be given only after (review of all exceptions under Schedule B and) compliance
with Items No, 8, 9, 10, 11, 12 and 13 (survey, affidavits, gap updates, etc,). The company
reserves the right to add any additional exceptions to affirmative coverage under said
Endorsement upon review of matters required in said items.
END OF COMMITMENT,
Page 4 of 4
Closing Protection Letter
The operation and scope of the following Closing Protection Letter ("Letter") is limited to the transaction whic~ is the
subject of the commitment to which this Letter is attached and is also directed to those person(s) and/or entity (les) set
forth in the Letter and identified as a proposed insured in the commitment.
RE: Issuing Agent: Agent countersigning the attached commitment.
When title insurance of Attorneys' Title Insurance Fund, Inc, is specified for your protection in connection with closings
of real estate transactions in which you are to be the lessee or purchaser of an interest in land or a lender secured by a
mortgage (including any other security instnlment) of an interest in land, Attorneys' Title Insurance Fund, Inc" subject to
the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection
with such closing when conducted by said Issuing Agent when such loss arises out of:
L Failure of said Issuing Agent to comply with your written closing instructions to the extent that they relate
to (a) the status of the title to said interest in land or the validity, enforceability and priority of the lien of said
mortgage on said interest in land, including the obtaining of documents and the disbursement of funds
necessary to establish such status of title or lien, or (b) the obtaining of any other document. specifically
required by you, but not to the extent that said instructions require a determination of the validity,
enforceability or effectiveness of such other document, or (c) the collection and payment of funds due you,
or
2, Fraud or dishonesty of said Issuing Agent in handling your funds or documents in connection with such
closing,
If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a
mortgage on a one-to-four family dwelling shall be protected as if this letter were addressed to your borrower.
Conditions and Exclusions
A. Attorneys' TItle Insurance Fund, Inc, will not be liable to you for loss arising out of:
1. Failure of said Issuing Agent to comply with your closing instructions which require title insurance protection
inconsistent with that set forth in the title insurance binder or commitment issued by Attorneys' Title Insurance
Fund, Inc. Instructions which require the removal of specific exceptions to title or compliance with the
requirements contained in said binder or commitment shall not be deemed to be inconsistent.
2, Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank failure,
insolvency or suspension, except such as shall result from failure of said Issuing Agent to comply with ~'ollr
written closing instructions to deposit the funds in a bank which you designated by name,
3, Mechanics' and materialmen's liens in connection with your purchase or lease or construction loan
transactions, except to the extent that protection against such liens is afforded by a title insurance binder.
commitment or policy of Attorneys' Title Insurance Fund, Inc,
4, The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction
costs during the construction of improvements on the land to be insured, unless an officer of the company has
specifically accepted the responsibility to you for such disbursement program in writing,
B, When Attorneys' TItle Insurance Fund, Inc. shall have reimbursed you pursuant to this letter, it shall be subrogated
to all rights and remedies which you would have had against any person or property had you not been so reimbursed,
Uability of Attorneys' TItle Insurance Fund, Inc, for such reimbursement shall be reduced to the extent that you have
knowingly and voluntarily impaired the value of such right of subrogation,
C. Any liability of Attorneys' Title Insurance Fund, Inc, for loss incurred by you in connection with closings of real
estate transactions by said Issuing Agent shall be limited to the protection provided by this letter, However, this letter
shall not affect the protection afforded by a title insurance binder, commitment or policy of Attorneys Title
Insurance Fund, Inc, The dollar amount of liability hereby incurred shall not be greater than the amount of the title
insurance binder, commitment or policy of title insurance to be issued, and liability hereunder as to any particular loan
transaction shall be coextensive with liability under the policy issued to you in connection with Stich transaction,
Payment in accordance with the terms of this letter shall reduce by the same'amOlUlt the liability under such policy
and payment under such policy shall reduce by the same amount the company's liability under the terms of this letter.
0, Claims of loss shall be made promptly to Attorneys' TItle Insurance Fund, Inc, at its principal office at 6545 Corporate
Centre Boulevard, P,O, Box 628600, Orlando, Florida 32862-8600. When the failure to give prompt notice shall prejudice
Attorneys' TItle Insurance Fund, Inc" then liability of Attorneys' TItle Insurance Fund, Inc" hereunder shall be reduced
to the extent of such prejudice, Attorneys' Title Insurance Fund, Inc, shall not be liable hereunder unless notice of loss
in writing is received by Attorneys' Title Insurance Fund, Inc. within ninety (90) days from the date of discovery of
such loss.
E, Nothing contained herein shall be construed as authorizing compliance by any issuing agent with any such closing
instructions, compliance with which would constitute a violation of any applicable law, rule or regulation relating to
the activity of title insurers, their issuing agents, and their failure to comply with any such closing instructions shall
not create any liability under the terms of this letter,
F, The protection herein offered will be effective until cancelled by written notice from Attorneys' Title Insurance Fund,
Inc. Any previous insured Closing Service letter or similar agreement is hereby cancelled, except as to closings of your
real estate transactions regarding which you have previously sent (or within 30 days hereafter send) written closing
instructions to said Issuing Agent.
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