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Agenda 09/26/2023 Item #16A 6 (Release code enforcement lien for reduced payment in the code enforcement action titled BCC)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $78,600 for a reduced payment of $27,913 in the code enforcement action titled Board of County Commissioners v. RCS Holdings LLC., in Code Enforcement Board Case No. CEPM20190007369 relating to property at 7143 Marconi Ct., Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $78,600 for a reduced payment of $27,913 in relation to Code Enforcement Board Case No. CEPM20190007369. CONSIDERATIONS: Due to a code violation at 7143 Marconi Ct., the Code Enforcement Board ordered the imposition of a lien against RCS Holdings LLC. in Case No. CEPM2019000736 9. The violation consisted of missing and torn screens in a screen enclosure at the property. The lien was recorded in the Official Records on September 18, 2020, at O.R. Book 5817, Page 3134, for $15,418.56. Fines continued to accrue; therefore, the lien amount of $78,600 is based on 786 days of accrued fines ($100 per day from June 18, 2019, through May 12, 2022), totaling $78,600. The new owner brought the property into compliance on May 23, 2022. First Merchants Bank acquired the property via Quit Claim Deed recorded on April 8, 2022, at O.R. Book 6109, Page 2869. Pursuant to Resolution No. 2023-90, a request for reduction of fines may be considered, in part, when a lien encumbers property under new ownership, and the new owner has diligently pursued abatement and achieved compliance and/or when payment of the lien would impose a severe financial hardship on the owner. First Merchants Bank acquired the property after the long-time homeowner suddenly passed away, leaving behind a code violation, accrued fines, and an estate in severe financial hardship. Immediately after obtaining ownership, First Merchants Bank cleaned up the property and replaced missing, torn screens in the lanai enclosure, abating the violation. There are no known violations at this time, the property is being actively maintained, and First Merchant Bank has made an offer to pay $27,913 to settle the fines. The owner is requesting a reduction of $50,687 in accrued fines, as outlined in the attached Board approved Code Lien Relief Application. The owner has satisfied the conditions outlined within the resolution. FISCAL IMPACT: Acceptance of a payment of $27,913 to settle the lien will correlate to what is outlined in Collier County Resolution 2023-90. GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2023-90.-RTT. RECOMMENDATION: To approve the recommended reduction of fines in the amount of $50,867, accept a payment amount of $27,913, release the lien, and authorize the Chairman to sign the attached release and satisfaction of the lien for recording in the Official Public Records. Prepared by: Tom Iandimarino, Director, Code Enforcement Division ATTACHMENT(S) 1. Application - 7143 Marconi Ct (PDF) 2. RCS Holdings LLC - Worksheet (PDF) 3. CEPM20190007369 Recorded FF Order (PDF) 4. CEPM20190007369 IOF Order (PDF) 5. [Linked] CEPM20190007369 RCS Holdings (PDF) 16.A.6 Packet Pg. 414 09/26/2023 6. CEPM20190007369 Code Case Details (PDF) 7. executed release (PDF) 16.A.6 Packet Pg. 415 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 26396 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $78,600 for payment of $27,913 in the code enforcement action titled Board of County Commissioners v. RCS Holdings LLC., in Code Enforcement Board Case No. CEPM20190007369 relating to prop erty located at 7143 Marconi Ct., Collier County, Florida. Meeting Date: 09/26/2023 Prepared by: Title: – Code Enforcement Name: Dana Rarey 08/14/2023 4:56 PM Submitted by: Title: – Code Enforcement Name: Thomas Iandimarino 08/14/2023 4:56 PM Approved By: Review: Code Enforcement Colleen Karlen Additional Reviewer Completed 08/18/2023 10:10 AM Code Enforcement Thomas Iandimarino Director review Completed 08/18/2023 3:21 PM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 08/21/2023 4:53 PM County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 08/21/2023 5:09 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 08/29/2023 4:02 PM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/30/2023 10:20 AM Growth Management Community Development Department James C French Growth Management Completed 08/30/2023 3:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2023 3:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2023 8:40 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/31/2023 5:01 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/14/2023 2:17 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.A.6 Packet Pg. 416 Grot ,th NAarag€rnent Oepartnent Codc Enforcement Division 2800 Horseshoe Drive N, Naples, FL 34104 Phone: (239)252-2440 APPLICATION FOR LIEN REDUCTION PURSUA}IT TO RESOLUTION 23-90 l. Applicants must fill out and sign the form below and provide all rcquired supporting documents. 2. Applicants should provide the completed application to the code Enforcement Division at the address listed above. Payment of$150 is due at the time ofthe application All administrative fees and hard costs must be paid at the time of submission of this application The applicant must have no other active code violations on any other propcrty in Collier County. All ad valorem property taxes, special assessments, collier county utility charges or other Collier County fees or liens against the subject real property and all othcr p.op".ti"s owned by the applicant must be current. There must be no expired permits on prop€rty owned by the applicant or managing member of the applicant The County may request further documentation D,t".7l.,1912023 code case Numb"^. cEpM201 90007369 Name of Applicaor' First Merchants Bank original viotator (if different): RG turdi's"' LLc . jo6€ph.kohn@quad€g.corn; dhunt@lirstmerchants.com ?3s-{,34.!;g4t r1t-at4i21s2lrmau Adoress: phoue Number: 1395 PanihE{ Lanc, Suite 30o, Neples FL 34109: 10333 N Medlhn St. Slita 350, tndianapotB, tN 46290Address of Applicant:_ Property owner(s) Nrme (if differenr from applicanrr. N/A (Same) Applicant's reletiooship / rllitiation with the vinletor named in li"o1"y, -****'* Managing Membe/s Name (if applicable;: M (Da'id Hunt is First vice President of APplicant) Address(6) of L i"na wrp""ty,7 1 43 Marcon i Ct., N aples, F L 34 1 1 4 ForioNumbers:Parcel No. 7990470,l'203 Strap No. 690170 395826 Description of undertying viorrtion(s): IFing and tom screens in screen enclosure. 16.A.6.a Packet Pg. 417 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) Number of other properti€s locatd within unincorporated Collier County owned by Owner / Applicant / Managing Member: wA (nooe)If any, attach list ofproperty addresses. Are there any active (Code) violations on these properties? Yes No x Is the property current listed for sale?Yc軽 No Does this property have a contmct for sale pending:Yes x No If yes, attach the contract and all relevant documents. Anticipated closing date: Around sept.€d.2023 What is the current use of the property: vacant residential propertv; waiting to be sold Number of liens submitted as part of this application: one State the amoutrtyou are requesting to pay for each lign: The full 10% ol ass€ss€d value p6r R6solutirn 23-90 Are there any expired permi8 on the property or any other property owned by the applicant:_ Yes Not_If yes, please provide an explanation. Was this property sold or transferred after the lien was recorded: Yesx No_ f1as, please atlach all closing documents including the purchase agreement.Ifye& was the property obtained via: Tax Deed Foreclosure Sale x Other (i.e. traditional purchase, received via inheritance). If yes, was a title insurance policy issued at the time of sale? Yesl__ No- If yes, please attach title insurance policy. If rn tiie insurance was procured, please provide an explanotion as to why no title insurance is available for the property: The tllle polcy is attadled. Pleasa see ttE endosed letter and docunentation for further details. The reasons, if any, complianco wtrs not obtained prior to the order of imposition: TIle longtime orner and ocolpant of Ulg r){gpedy, Kevin J. Mefiitt suddenly and unoeededly passed a{ay, resulling i4 the failure lo €peir missins and bn s.re€{Ls in the sdsen e.rctosure, *tich was immediebt ,.p"i,"a up6iilEiGii lIi[Gfifrifiili Please 8€g the endosed letter and documentalion for fuffrer details. Provide the factual basis as to why a reduction ofthe lien should be granted. please describe the e{ert to which pryment of the full lien would impose e severe frnancial hardship, the measurable expenses incurred to bring the property into comptiance, aDd the diligence of the pursuit to bring the prop€rty into complianca Atl supporting documents to show the measurable expenscs shall be attachd. (Attach additional pages / doctmeats d necessary) Please see the enclosed letler ard docurnenlation for details on why a reduciion of lhe lien shouH be 16.A.6.a Packet Pg. 418 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) Select all documetrts thlt ere being submitted in support of the rpplicatior.x Title insurancex Closing documents lContract for pending salex Proofofexpenses to bring property into compliance X Othcr,′tett rrrF″′1/11 Ctte●d・ lon ordmi ban agreernentsi agreed"dgments:and payofrspreadsheets I swear or alfirm that all informrtion is true to the best of my knowledge as of the date of this signature E -* a/7ct>.,ttt^,rt tz-- Signature of Applicant"∬置嘲鵬測 The foregoing instrument was aclrrowledged before me bv means presence or - online notarizatiory th o llauv of JU 2磁レけ箋協議′4/7sム/(PrinL Type, or Stamp Comrnissioners ,/ Name of Notary Public) /Y., "on ly rcno* n On, 1p " oauced Iden tif ica tion 田酬回W 曲 OfHanⅢ口"WCO国も鰤町輛 “ lm2●2024 Frcsr MIERu+ANtrs &t\ttz re of Notary Publi←State of Flo五 da) Type of Identification Produced: 17fitf7 Lf CflX. 16.A.6.a Packet Pg. 419 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) FOR INTERNAL USE ONLY: Code Enforrement Case Number(s): Original Violation Date: Order Imposing Lien (Book/ Page): Date Compliance Met: Cunently in compliance with existing codes at all properties owned by the applicant: Yes_ No_ Current Amount of Lien: Paymcnt ofa∥hard costs and administrat市 c fccs:Yes No Current Assessed Value of Prop€rty: Property use consistent with permitted use: Yes No Any cxPircd pc.ulits:Ycs____No_ Currcnt with all prOpeo taxcs,spccial asscssmcnts,utility chargcs,ctc=Ycs___Nq Has applicant been found to have repeat violations at any property in the past 5 years: Yes_ No_ History of other violations: Recommended rcduction amount: 16.A.6.a Packet Pg. 420 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) Quorles 1395 Panhr Lan€ Suite 300 Naplos, FL 34109 Ofice Phon€: 23+262-5959 O{fice Fax 239.431-4999 *ww.qua €3.@m Writa/s Di.ed Diat 239-134-4946 Writ8/s Fax: 2392i 15599 E{rlal: jos8ph.kohn@quarles.com Attomcyg at Law in Chicrgo DeoYer Irdianapolig Madison Milu.sutee Minneapolls Naple3 Phoonix Sen Diqlo Tampa Tucaon Washington, O.C. luly 19,2023 VIA U.S. MAIL The Board ofCounty Commissioners of Collier County c/o Code Enforcement Division 2800 N. Horseshoe Dr. Naples, FL 34104 Re: Application for Lien Reduction Request Pursuent to Resolution 23-9(!- Case No. CEPM,20190007369 Dear County Manager and Board of County Commissioners: This firm represents First Merchants Bank ('FMB"), with respect to FMB's Application for Lien Reduction Request Pursuant to Resolution 23-90, which pertains to the property located at 7143 Marconi court, Naples, FL 341l4 (the "property") and collier county code -Enforcement Case No. CE PM20190007369 (the "Code Violation"). This letter and the enciosed documentation is being submitted as part ol and in support oi FMB's Application, and the facts stated herein have been verified by FMB as part of its Application. Kevin J. Merritt was the longtime owner and occupant of the properrl- located at 7143 Marconi court, Naples, FL 341 14 (the "Property"). In 2014 he placed the iroperty into his LLC, RCS Holdings LLC ('RCs). Mr. Menitt was the sole member and owner oiRiS. Thereafter, Mr. Merrit suddenly and unexpectedly passed away, resulting in the failure to repair missing and tom screens in the screen enclosure around the lanai. Importantly, the missing screens dii not present any public safety or welfare issues because the screen enclosure does not contain any pool or spa. on March 13, 2020, the code Enforcement Board entered an order finding thai the Property had missing and tom ssr@ns in the screen enclosure. on August 2g,2020, ihe soard entered an order imposing a fine of$100.00 per day as a result ofthe code violation.i I The two Ordets, which create the lien at issue, are enclosed with this letter and application, alongwith the additional documents noted below. QB\t2066E51.2 16.A.6.a Packet Pg. 421 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) County Manager and Board of County Corunissioners Jnly 19,2023 Page 2 Mr. Merritt's company, RCS, was also a borrower under tbree loan agreements with the current owner and applican! FMB.2 However, none of FMB's loans involved the subject property. Therefore, there was nothing that FMB could do to address the missing and tom screens until after FMB acquired ownership of the Property. Instead, the three loans involved property located exclusively in Indiana- RCS defaulted on its loans with FMB and eventually entered into agreed- uponjudgments with FMB, which the Indiana courts adopted.3 RCS voluntarily deeded the subject Property to FMB in partial satisfaction of those judgments. To be clear, the transfer in ownership was not the result of any tax deed or foreclosure sale with respect to the property, and FMB never had a Iien or mortgage on the Property. The transfer of ownership to FMB occurred on March 30, 2022, pursuant to a Quitclaim Deed from RCS to FMB.a As part of the tansfer, RCS was given credit for the full appraised value of the Property as of the date of transfer, in the amount of $310,000.5 . . Upon taking ownership, FMB has taken very good care of the property. Among other things, FMB immediately conected the code Violation by promptly fixing the missing and tom screens. FMB contracted with Naples-based A-1 Screening Services nMay 2022 and replaced all screens on the lanai. The total cost of the repairs was $960.00.6 The Code Enforciment Division confirmed that the code violation was fully conected on or about May 23,2022. The Code Enforcement Division also confirmed that the total operational costs foi the violation is $l18.56, which FMB has paid together with the $150.00 application fee for this lien reduction request. FMB has also invested money into maintaining and improving the property, in addition to paying property taxes. There have been no other code violations on the property, and FMB does not- own any other property in collier county. FMB has been actively listing the property for sale, but needs to resolve lhe code enforcement lion in order to deliver clean title to the eve;tual buyer' Accordingly, FMB has been actively trying to settle the code enforcement lien since it tooktitle. However, FMB was informed throughout 2022 autd, z02! that there were intemal delays preventing settlement of liens while new policies were being implemented and the new Resolution 23-90 was being prcpared. shortly after Resolution 23-90 was approved and the updated Application was finalized in July 2022, FMB entered into a purchase and sale agreement ior the sale of the Property.T without a settlement, the total amount of fines that u."*I.d fo, th" cod" 2 The three loan agreements are enclosed. 3 The three agreedjudgments are enclosed. { The quitclaim Deed is enclosed, along with the closing documents and title policy. 5 This credit is reflected on the detailed spreadsheets that are enclosed showing the amounts due under the loan. 6 Proof of expenses to bring the property into compliance is enclosed. 7 The Contract for Sale and purchase is enclosed. QB\E2086851.2 16.A.6.a Packet Pg. 422 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) County Manager and Board of County Commissioners htly 19,2023 Page 3 Violation is $78,718.56, which is over 80 times higher than the cost of replacing the screens and correcting the Code Violation. Ultimately, the criteria for settlement of the lien have been satisfied. In particular, FMB has completed the application and paid the associated $ I 50 application fee, all administrative and hard costs associated with the lien have been paid, the underlying violation that resulted in the lien has been abated or corrected and the Iiney'lien amount is fixed and no longer accruing on a periodic basis, FMB does not own any other properties in Collier County and does not have any active code violations on any other such properties, all ad valorem property taxes and other charges against the Property are cun€nt, tlere are no expired permits on the Property, the Property is being used consistent with the pemritted uses and is in compliance with the zoning laws of the County, and FMB has provided the closing documents and title insurance policy for its acquisition of the Property.s In addition, the conditions for recommendation to the Board also weigh in favor of settlernent, as there has been no history of violations involving FMB, FMB diligently broryht the Property into compliance, and payment ofthe full lien amount would not only be disproportional to the significance of the violation but it would also impose a severe financial hardship on FMB and the estate of Mr. Menitl and ultimately his benefrciaries. Despite RCS receiving credit for the full fair market value of the Property, there is still a deficiency judgrr.ent in the amount of $1,498,757.51 as of July 18,2023.e Therefore, FMB has already suffered a significant loss on its loans to RCS. In addition, RCS and Mr. Merritt's estate and beneficiaries have also suffered a severe financial hardship. When Mr. Menitt suddenly and unexpectantly passed away at the age of60, he left behind a wife and two childreq who have been counting on receiving at least some support from Mr. Merritt's estate, which to date has remained elusive for them. The sale of the Property should be one of the final steps in closing the estate and hopefirlly realizing some inheritance from Mr. Merritt. In short, settlement is appropriate in this case given that the violation was minor and did not present any public safety issues, where the violation was due solely to the unexpected passing ofthe longtime owner and occupant ofthe Property, and where the new owner diligently brought the Property into full compliance and has already suffered a substantial financial loss, t There is a title insurance policy but no title insurance is available for the code enforcement lien because it was excluded from coverage as a preexisting lien. FMB nevertheless credited RCS fair market value for the transfer based on representatiom from the code Enforcement Dvision- under then-existing policies-that the lien amount would be reduced to the operational costs of $l1856 plus $100 per day for each day the property was not in compliance beginning 31 days after FMB acquired ownership, which in this case would be approximately $1,61E.56 total. After the closing, and after the parties leamed that the county's policies had changed, the title company issued an endorsement to include the code enforrement lien. e As noted above, enclosed is a detailed spreadsheet that sets forth these amounts. QBB20t6E5 r .2 16.A.6.a Packet Pg. 423 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) County Manager and Board of County Commissioners July 19,2023 Page 4 Accordingly, pursuant to Resolution23-9D, FMB is respectfrrlly requesting that the lien be reduced to the full ten perceirt (10%) of the assessed value of the Property, which is still a very substantial amount relative to the significance of the violation and the cost of the repairs. Thank you for your time and consideration in this matter. Very truly yours, A--llrt/)r .Fv Joseph T. Kohn Enc. QB82086851.2 16.A.6.a Packet Pg. 424 Attachment: Application - 7143 Marconi Ct (26396 : BCC v. RCS Holdings LLC,) Code Enforcement Lien Relief Program Resolution 2023-90 1 RCS Holdings LLC 7143 MARCONI CT Naples, FL 34114 Folio # 79904701203 Legal: VERONAWALK PHASE 1A LOT 39 Section 1: Property Overview RESOLUTION NO. 2023-90 Code Enforcement Case Number: CEPM20190007369, “missing and torn screens in screen enclosure” • 6/18/2019 - Original Violation Date • 5/23/2022 – Violation Abated - (6/18/2019 – 5/23/2022 = 1,071 days) New owner, 4/8/2022, abated violation within 46 days of taking possession. • Has the applicant been found to have repeat violations in the past five years: NO • History of other violations: None Section 2: In order to qualify for the Lien Relief Program, the following criteria must be met by the applicant: • Other Collier County liens: NO • Expired permits: NO • Other properties owned by the applicant in Collier County: NONE • Property use in compliance with Zoning laws: YES, Residential • New owner title insurance policy and/or closing documents included: YES • 11/23/2022 - Property tax, special assessments, and utility charges paid in full. • 7/24/2023 - Code Lien Relief application received • 7/24/2023 - Application fee of $150 paid • 7/24/2023 - Payment of all hard costs, administrative fees, and Operational costs of $118.56 Section 3: Eligibility Lien Relief Attachments: CEPM20190007369 Code Lien Relief Application & Documents CEPM20190007369 Code Case Details 16.A.6.b Packet Pg. 425 Attachment: RCS Holdings LLC - Worksheet (26396 : BCC v. RCS Holdings LLC,) Code Enforcement Lien Relief Program Resolution 2023-90 2 Section 4: Collier County Property Appraiser’s Assessed Value as of July 2023 Land Value $ 118,233 (+) Improved Value $ 242,072 (=) Market Value $ 360,305 (-) 10% Non-Homestead Cap $ 81,174 (=) Assessed Value $ 279,131 • Total Fines Accrued: $78,600. This amount is fixed and no longer accruing. • Applicant Case History: NONE 3/29/2020 - CEB imposition of fines order 8/28/2020 - Hearing Held (fines continued to accrue until the violation was abated) Order Items: $100/day fine x 153 days $ 15,300.00 plus $118.56 in operational costs $ 118.56 7/24/2023- fees paid $ (118.56) Total Fines: $ 15,300 8/29/2020 - 5/23/2022 - Fines accrued after Imposition of Fine: Order Items: $100/day fine x 633 days $ 63,300 Total Fines Accrued: $ 78,600 Recommended reduction amount: $ (50,687) 10% of Assessed Value: $ 27,913 16.A.6.b Packet Pg. 426 Attachment: RCS Holdings LLC - Worksheet (26396 : BCC v. RCS Holdings LLC,) 16.A.6.c Packet Pg. 427 Attachment: CEPM20190007369 Recorded FF Order (26396 : BCC v. RCS Holdings LLC,) 16.A.6.c Packet Pg. 428 Attachment: CEPM20190007369 Recorded FF Order (26396 : BCC v. RCS Holdings LLC,) 16.A.6.d Packet Pg. 429 Attachment: CEPM20190007369 IOF Order (26396 : BCC v. RCS Holdings LLC,) 16.A.6.d Packet Pg. 430 Attachment: CEPM20190007369 IOF Order (26396 : BCC v. RCS Holdings LLC,) Report Title: Date: Code Case Details 6/1/2022 10:20:57 AM Case Number:CEPM20190007369 Case Information CEPM20190007369Case Number: Case Type: Priority: Property Maintenance Normal Inspector: Jurisdiction: Origin: LuisMacedo Collier County Code Enforcement Complaint Detail Description:Roof has alot of black - possible mold Mold in the lani and screening torn and missing. Location Comments:7143 Marconi Ct (Right to 7147 Marconi Ct) (Verona Walk) LienedStatus: Date & Time Entered: Entered By: 6/18/2019 10:31:39 AM KimberlyBrandes Case Disposition:Hearing Address 7143 Marconi CT, Building, Unit, Naples Property 79904701203 Address Location Property Owner RCS HOLDINGS LLC Contacts 1Business Management & Budget Office 16.A.6.f Packet Pg. 431 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Investigations Desc Assigned Required Completed Outcome Comments Verify Complainant LuisMacedo 6/18/2019 6/18/2019 Verified 18 June 2019 - I called and spoke with the complainant, will meet him on site. RC10. CE Staff Review KimberlyBran des 6/18/2019 6/18/2019 Complete Complainant: Ted Dworakowski 239-775- 7720./KB CE Staff Review KimberlyBran des 6/18/2019 6/18/2019 Complete Open/Enter case info./KB CE Case Research ryancathey 6/18/2019 6/18/2019 Complete 18 June 2019 - No previous similar violations found. Owner, RCS Holdings LLC - Inactive on Sunbiz. Possible phone number for owner: (317) 587-8766. RC10. Initial Inspection RyanCathey 6/18/2019 6/19/2019 Violation(s) Found 18 June 2019 - I arrived on site and the complainant allowed me onto his property to see the violation. I observed missing/torn screens and possible mold/mildew on areas of the property inclduding, but not limited to, the lanai deck, exterior walls, and roof. I met with the general manager of Verona Walk (Jeff Wilson). He stated they have 4 violations on the property at this time. I called the number for the LLC and it was disconnected. Will review with a property maintanence specialist and issue an NOV if it is a violation. RC10. 19 June 2019 - After reviewing with Investigator Connetta, the property is in violation for black mold and the missing torn screens. RC10. Attach Picture(s)ryancathey 6/18/2019 6/19/2019 Complete Record Violations ryancathey 6/19/2019 6/19/2019 Complete Attach Picture(s)ryancathey 6/19/2019 6/19/2019 Complete Generate Notice of Violation ryancathey 6/19/2019 6/19/2019 Complete Personal Service Attempt ryancathey 6/19/2019 6/19/2019 Incomplete 19 June 2019 - The property is vacant at this time. Will post the propert and courthouse and mail the NOV to the owner. RC10. CE Mailing davidgiron 6/19/2019 6/19/2019 Complete 19 June 2019 - Please mail the NOV via certified and regular mail to the owner. Thank you, RC10. Mailed Notice of Violation (certified & regular mail) /dg Mailed cert/reg 7018 1830 0000 4308 3655 CEPM20190007369 061919 NOV RC10 RCS HOLDINGS LLC 11550 N MERIDIAN ST # 110 CARMEL, IN 46032 Post Courthouse ryancathey 6/19/2019 6/20/2019 Complete Post Property ryancathey 6/19/2019 6/19/2019 Complete 2Business Management & Budget Office 16.A.6.f Packet Pg. 432 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments CE Phone Call ryancathey 6/19/2019 6/19/2019 Complete 19 June 2019 - I called and left a voicemail for the complainant with an update on the case. RC10. CE Staff Review DavidGiron 6/19/2019 6/19/2019 Complete Attached Notice of Violation signed by Investigator /dg CE Staff Review DavidGiron 6/19/2019 6/19/2019 Complete Attached Affidavit of Mailing /dg CE Staff Review ryancathey 6/19/2019 6/20/2019 Complete 20 June 2019 - Completed AOP, RC10. CE Staff Review davidgiron 6/21/2019 6/21/2019 Complete 20 June 2019 - Please notarize and scan AOP into case. Thank you, RC10. Attached Affidavit of Posting /dg CE Staff Review ryancathey 7/10/2019 7/10/2019 Complete 10 July 2019 - I found a paper in one of the windows belonging to All Safe Home Watch. I called (561-271-2212) and spoke to Hunter. He did not have the address on file and did not recognize it. I provided my e-mail in case he was able to find anything later on. RC10. CE Phone Call ryancathey 7/10/2019 7/10/2019 Complete 10 July 2019 - I tried calling the owner again, but the number is still out of service. Unable to find another number. RC10. CE Staff Review DavidGiron 7/16/2019 7/16/2019 Complete Attached returned regular Notice of Violation letter not deliverable /dg CE Staff Review DavidGiron 7/16/2019 7/16/2019 Complete Attached returned certified Notice of Violation letter not deliverable /dg Re-Inspection RyanCathey 7/22/2019 7/22/2019 Requires Hearing 22 July 2019 - No response from the owner and the violation remains. Will prepare for a hearing. RC10. Assign Hearing Type ryancathey 7/22/2019 7/22/2019 Code Enforcemen t Board Hearing Not Applicable ryancathey 7/22/2019 7/24/2019 Not Required Update Picture(s)ryancathey 7/22/2019 7/22/2019 Complete CE Staff Review ryancathey 7/24/2019 7/24/2019 Complete 23 July 2019 - Case prepared for hearing. RC10. CE Phone Call ryancathey 7/29/2019 7/29/2019 Complete 29 July 2019 - I received a call from the complainant asking for an update. I explained that it is currently being reviewed for hearing. RC10. CE Staff Review JosephMucha 8/14/2019 8/14/2019 Complete There is a Lis Pendens filed against the property from Verona Walk HOA. LP attached to the case. CE Supervisor Review (CE)JosephMucha 8/16/2019 8/16/2019 Rejected Spoke with CAO Kevin Noel. Due to foreclosure action and that it is not health/safety violation, we are unable to proceed with this case at this time. 3Business Management & Budget Office 16.A.6.f Packet Pg. 433 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review RyanCathey 8/19/2019 8/19/2019 Complete Ryan, we cannot proceed at this time with a hearing due to foreclosure case on the property. Please let complainant know. Continue to monitor foreclosure case and/or change of ownership. 19 August 2019 - I called and spoke with the complainant and updated him on the case. I explained that I will be monitoring for Verona Walk to take ownership. RC10. Re-Inspection RyanCathey 9/30/2019 9/26/2019 Non- Compliant 26 September 2019 - Veronawalk filed a release on September 5, 2019. Document attached to case. Will conduct a site visit to see if violation remains and check with supervisor about hearing. RC10. Re-Inspection RyanCathey 9/30/2019 10/1/2019 Non- Compliant 1 October 2019 - I arrived on site and observed that the violation remained. E-mail sent to supervisor to see if we are good to prepare this for hearing. RC10. Assign Hearing Type ryancathey 10/1/2019 10/1/2019 Code Enforcemen t Board Hearing Re-Inspection RyanCathey 10/2/2019 10/1/2019 Requires Hearing 1 October 2019 - Will prepare for a hearing. RC10. Personal Service Attempt ryancathey 10/9/2019 10/9/2019 Incomplete 9 October 2019 - Will post property and courthouse and mail to owner as the property is vacant. RC10. CE Mailing davidgiron 10/9/2019 10/9/2019 Complete 9 October 2019 - Please mail the NOV via certified and regular mail to the owner. Thank you, RC10. Mailed Notice of Violation (certified & regular mail) /dg Mailed cert/reg 7019 1120 0000 5914 3748 CEPM20190007369 100919 NOV RC10 RCS HOLDINGS LLC 11550 N MERIDIAN ST # 110 CARMEL, IN 46032 Post Courthouse ryancathey 10/9/2019 10/9/2019 Complete Post Property ryancathey 10/9/2019 10/9/2019 Complete CE Staff Review DavidGiron 10/9/2019 10/9/2019 Complete Attached Notice of Violation signed by Investigator /dg CE Staff Review DavidGiron 10/9/2019 10/9/2019 Complete Attached Notarize Affidavit of Mailing /dg CE Staff Review ryancathey 10/9/2019 10/10/2019 Complete 9 October 2019 - Given document by supvervisor. Called and left a voicemail for Brian Hewitt, 317-829-1910. Possibly new registered agent. CE Staff Review ryancathey 10/9/2019 10/9/2019 Complete 9 October 2019 - Completed AOP, RC10. Generate Notice of Violation RyanCathey 10/9/2019 10/9/2019 Complete 9 October 2019 - Per supervisor, will re-issue the NOV with updated ordinances. RC10. 4Business Management & Budget Office 16.A.6.f Packet Pg. 434 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review davidgiron 10/10/2019 10/9/2019 Complete 9 October 2019 - Please notarize and scan AOP into case. Thank you, RC10. Attached Notarize Affidavit of Posting /dg CE Staff Review DavidGiron 10/22/2019 10/22/2019 Complete Returned certified Notice of Violation letter (not deliverable as addressed), received 10/21/19 - 7019 1120 0000 5914 3748 /dg CE Staff Review DavidGiron 10/22/2019 10/22/2019 Complete Returned regular mail Notice of Violation letter (not deliverable as addressed), received 10/21/19 /dg Re-Inspection RyanCathey 11/9/2019 12/10/2019 Non- Compliant 10 December 2019- I arrived on site and observed the roof, walls, and deck have all been cleaned and are in compliance. There were two sections of the screen enclosure that still need to be repaired. Will allow additional time to replace those. RC10. Re-Inspection RyanCathey 11/11/2019 11/6/2019 Non- Compliant 6 November 2019 - I received a call from Beth McIntyre (317-440-8590) who is handling the estate for Kevin Merit (deceased owner of RCS Holdings LLC). She received the message I left for Brian Hewit. Beth is with the National Bank of Indianapolis. She stated that she will send me an e-mail explaining their legal authority on Friday. I explained the violations and she stated she would work on cleaning up the property. Will allow more time. I called the complainanat to advise. RC10. CE Staff Review ryancathey 11/12/2019 11/12/2019 Complete 12 November 2019 - I received an e-mail from Beth showing the legal authority the bank has to represent the property. She met with a management company to make the repairs and also met with a real estate company to sell the home. E-mail and document attached. RC10. CE Phone Call ryancathey 11/25/2019 11/25/2019 Complete 25 November 2019 - I received another call from the complainant asking for an update. I explained that I would be out on December 6 to check the property and will prepare it for a hearing if not in compliance. RC10. Assign Hearing Type ryancathey 12/6/2019 12/6/2019 Code Enforcemen t Board Hearing CE Staff Review ryancathey 12/6/2019 12/6/2019 Complete 5 December 2019 - Preped for hearing. RC10. Re-Inspection RyanCathey 12/6/2019 12/6/2019 Requires Hearing 6 December 2019 - I arrived on site and observed the violations remained. Will prepare for a hearing. I advised the complainant of the same. RC10. CE Phone Call ryancathey 12/10/2019 12/10/2019 Complete 10 December 2019 - I received a call from the complainant that they cleaned the property. Will conduct a site visit to confirm. RC10. 5Business Management & Budget Office 16.A.6.f Packet Pg. 435 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments Re-Inspection RyanCathey 1/10/2020 1/10/2020 Non- Compliant 10 January 2020 - I arrived on site and observed the screens were still torn. I sent an e-mail to Beth to check on teh status. RC10. Assign Hearing Type ryancathey 1/23/2020 1/23/2020 Code Enforcemen t Board Hearing CE Staff Review ryancathey 1/23/2020 1/23/2020 Complete 23 January 2020 - Prep case. RC10. Re-Inspection RyanCathey 1/23/2020 1/23/2020 Requires Hearing 23 January 2020 - Two sections of the screen enclosure remain torn/missing. Everything else has been abated. Will prep for a hearing. RC10. CE Supervisor Review (CE)JosephMucha 1/27/2020 1/27/2020 Complete CE Legal Review letourneau_j 1/27/2020 1/27/2020 Schedule for SM/CEB I reviewed the packet and gave it to the Hearing team. JL#34 Schedule Case for Hearing helenbuchillon 1/27/2020 1/28/2020 Complete Case scheduled for the February 27, 2020 CEB Hearing – HB Generate Hearing Notice (CE)HelenBuchillo n 1/28/2020 1/28/2020 Complete Hearing Notice Service/Posting RyanCathey 1/29/2020 1/29/2020 Complete Last day to post is February 13, 2020 – HB 29 January 2020 - Posted property, vacant. RC10. Affidavit of Service/Posting ryancathey 1/29/2020 1/29/2020 Complete CE Mailing HelenBuchillo n 1/29/2020 1/29/2020 Complete NOH for the February 27, 2020 CEB Hearing sent regular mail, evidence packet sent certified – HB CE Staff Review davidgiron 1/30/2020 1/29/2020 Complete 29 January 2020 - Please notarize and scan AOP into case. Thank you, RC10. Attached Notarize Affidavit of Posting /dg Pre Hearing Inspection RyanCathey 2/26/2020 2/26/2020 Complete 26 February 2020 - Violation remains. RC10. Record Hearing Results HelenBuchillo n 3/2/2020 2/28/2020 Complete Respondent not present. Code Enforcement Board found the respondent in violation and ordered to abate all violations by: Complying with all property maintenance requirements including, but not limited to, the maintenance of buildings, structures, and premises as identified in the Collier County property maintenance code for the missing/torn screens in screen enclosure within 30 days of this hearing or a fine of $100.00 per day will be imposed for each day the violation remains thereafter and pay operational costs for the prosecution of this case in the amount of $59.28 within 30 days. - HB CE Staff Review SaylysCoutin 3/13/2020 3/13/2020 Complete Mailed copy of Order to respondent from the February 27, 2020 CEB Hearing – SC Generate Hearing Results Notice (CE) HelenBuchillo n 3/15/2020 3/17/2020 Complete 3/17/20 Scanned & attached FF Order (not recorded) from the February 27, 2020 CEB Hearing, abatement date is 60 days or less. – HB 6Business Management & Budget Office 16.A.6.f Packet Pg. 436 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments Update Picture(s)ryancathey 4/2/2020 4/2/2020 Complete CE Staff Review ryancathey 4/2/2020 4/2/2020 Complete 2 April 2020 - Completed CEB AONC Post Hearing Re-Inspection RyanCathey 4/2/2020 4/2/2020 Non- Compliant 2 April 2020 - Screens have not been repaired, operational costs (ops costs) not paid. RC10. CE Staff Review HelenBuchillo n 5/1/2020 5/5/2020 Complete 5/5/20 Findings of Fact Stipulation Order attached, OR 5749 PG 3377 – HB 4/2/20 Sent Order to be recorded not in compliance by abatement date. – HB Check if abated by the date ordered, if not send order to be recorded – HB CE Staff Review HelenBuchillo n 5/20/2020 5/20/2020 Complete Scanned & attached AONC - HB Re-Inspection RyanCathey 7/6/2020 7/7/2020 Non- Compliant 7 July 2020 - Violation remains and Ops costs not paid. Fines continue to acrue. RC10. CE Legal Review helenbuchillon 8/10/2020 8/11/2020 Schedule for SM/CEB 5/5/20 On list to check if need to schedule for next CEB IOF. – HB Schedule Case for Hearing HelenBuchillo n 8/11/2020 8/11/2020 Complete Case scheduled for the August 28, 2020 CEB IOF Hearing – HB Generate Hearing Notice (CE)HelenBuchillo n 8/11/2020 8/11/2020 Complete Hearing Notice Service/Posting RyanCathey 8/11/2020 8/12/2020 Complete Last day to post is August 14, 2020 – HB 12 August 2020 - Posted property and courthouse. RC10. Affidavit of Service/Posting ryancathey 8/12/2020 8/12/2020 Complete CE Staff Review ryancathey 8/12/2020 8/12/2020 Complete Posted courthouse, RC10. CE Staff Review yennypena 8/13/2020 8/12/2020 Complete Please notarize and scan AOP (e-mailed) into case. Thank you, RC10. Affidavit of posting notarized and attached in to the case. YP CE Mailing HelenBuchillo n 8/14/2020 8/14/2020 Complete NOH for the August 28, 2020 CEB IOF Hearing sent regular mail, evidence packet sent certified – HB Pre Hearing Inspection RyanCathey 8/27/2020 8/27/2020 Complete Violation remains, fines continue to acrue, no contact from anyone with the property. RC10. Not Applicable ryancathey 9/1/2020 9/1/2020 Not Required 7Business Management & Budget Office 16.A.6.f Packet Pg. 437 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments Record Hearing Results HelenBuchillo n 9/11/2020 9/1/2020 Complete 8-28-20 Respondent was not present. Petitioner’s Motion for Imposition of Fines/Liens is GRANTED. Daily fines of $100.00 per day are assessed against the Respondent for 153 days for the period from March 29, 2020 through August 28, 2020 for a total amount of fines of $15,300.00. Respondent shall pay previously assessed operational costs of $59.28 and operational costs for the Imposition of Fines hearing in the amount of $59.28. Respondents are ordered to pay fines and costs in the total amount of $15,418.56 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. The daily fines of $100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. - HB CE Mailing HelenBuchillo n 9/15/2020 9/15/2020 Complete Mailed copy of Granted IOF Order to respondent from the August 28, 2020 CEB IOF Hearing – HB Generate Hearing Results Notice (CE) HelenBuchillo n 9/30/2020 9/21/2020 Complete 9/21/20 Granted Imposition of Fines Order attached, OR 5817 PG 3134 – HB 9/15/20 Scanned & attached Granted Imposition of Fines Order (not recorded) from the August 28, 2020 CEB IOF Hearing and Sent order to be recorded. – HB Re-Inspection RyanCathey 10/7/2020 10/7/2020 Non- Compliant Violation remains, no change in ownership, fines continue to acrue. RC10. Re-Inspection WilliamMarch and 1/7/2021 1/7/2021 Non- Compliant 1-7-21. Onsite and observed the violation remains. Screens are still missing and damaged on the screens enclosure. Photos were taken. WM Attach Picture(s)WilliamMarch and 1/7/2021 1/7/2021 Complete CE Phone Call ryancathey 1/25/2021 1/25/2021 Complete 25 January 2021 - I received a call from Chris Miller (attorney for the property, 317-922- 2850). I called and left a voicemail for him. RC10. Lien Search/Payoff Request MarieCheri 2/2/2021 2/2/2021 Complete Payoff provided to Property Debt Research; document attached mc Re-Inspection LuisMacedo 2/19/2021 2/19/2021 Non- Compliant LuisMacedoVEN 02/19/2021 3:27 PM - Onsite observed screens from screen enclosure are still missing, violation remains. see photos. Lien Search/Payoff Request MarieCheri 2/19/2021 2/19/2021 Complete Payoff provided to First American Title Insurance; document attached mc Attach Picture(s)LuisMacedo 2/19/2021 2/19/2021 Complete CE Staff Review HelenBuchillo n 3/19/2021 3/16/2021 Complete 12/3/20 On list for approval to send to attorney’s office for Foreclosure - HB 8/28/20 IOF Granted ck if paid if not send to Attorney – HB 8Business Management & Budget Office 16.A.6.f Packet Pg. 438 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review NievesBlanca 3/22/2021 3/22/2021 Complete A Letter was mailed to respondent and attached to case. BN Case approved to be forwarded to the County Attorney Office Foreclosure February 25, 2021, by the Code Enforcement Board-BN Foreclosure 2/25/21 - HB Re-Inspection LuisMacedo 4/21/2021 4/23/2021 Non- Compliant MacedoLuis 04/23/2021 - Onsite, screens are still missing violation remains, no change of ownership see photos. Update Picture(s)LuisMacedo 4/23/2021 4/23/2021 Complete Update Picture(s)LuisMacedo 6/1/2021 6/1/2021 Complete Re-Inspection LuisMacedo 6/2/2021 6/2/2021 Non- Compliant MacedoLuis 06/01/2021 - Onsite Violation Remains, fines continue to acrue, no change of ownership, called all the numbers on this case and finaly made contact with Beth McIntyre (317-440-8590) who is handling the estate for Kevin Merit (deceased owner of RCS Holdings LLC. Beth is with the National Bank of Indianapolis. She stated that she has not received any information regarding the current violations, and she thought the previous violations were fixed. Lien Search/Payoff Request IlianaBurgos 6/17/2021 6/17/2021 Complete Payoff provided to First American Title Insurance Co., see attached. Violation has not been abated fines continue to accrue. - IB Re-Inspection LuisMacedo 6/29/2021 6/29/2021 Non- Compliant MacedoLuis 06/29/2021 - Called Beth McIntyre (317-440-8590) who is handling the estate for Kevin Merit (deceased owner of RCS Holdings LLC). Beth is with the National Bank of Indianapolis left her a message. Violation remains, fines continue to accrue, no change in ownership. will continue to monitor. see photos. Update Picture(s)LuisMacedo 6/29/2021 6/29/2021 Complete Re-Inspection LuisMacedo 7/30/2021 7/30/2021 Non- Compliant MacedoLuis 07/30/2021 - Called Beth McIntyre (317-440-8590) who is handling the estate for Kevin Merit (deceased owner of RCS Holdings LLC). Beth is with the National Bank of Indianapolis left her a message. Violation remains, fines continue to accrue, no change in ownership. will continue to monitor. see photos. Update Picture(s)LuisMacedo 7/30/2021 7/30/2021 Complete Re-Inspection LuisMacedo 9/2/2021 9/3/2021 Non- Compliant MacedoLuis 09/03/2021 - Onsite observed violation remains, no change of ownership, fines continue to accrue. see photos. will continue to monitor. Lien Search/Payoff Request MarieCheri 9/24/2021 9/24/2021 Complete Payoff provided to Property Debt Research; document attached mc Re-Inspection JosephMucha 10/5/2021 10/5/2021 Non- Compliant No change in ownership. I made a site visit to the property. The structure is still vacant, and the torn screens remain. Photos taken. Update Picture(s)JosephMucha 10/5/2021 10/5/2021 Complete 9Business Management & Budget Office 16.A.6.f Packet Pg. 439 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments Lien Search/Payoff Request MarieCheri 10/12/2021 10/12/2021 Complete Payoff provided to Sunbelt Title Agency; document attached mc Re-Inspection LuisMacedo 11/5/2021 11/5/2021 Non- Compliant MacedoLuis 11/05/2021 - Onsite observed violation remains, no change of ownership. see photos. will continue to monitor. CE Phone Call JosephMucha 11/5/2021 11/5/2021 Complete I received a voicemail from David Hunt of First Mercant Bank (317-844-2482). Mr. Hunt advises that the bank is looking to do a deed in lieu of foreclosure from the Estate as the property owner is deceased. He wanted information in regards to a negotiation of the fines once the violation is abated. I left Mr. Hunt a return call with my contact information. CE Phone Call IlianaBurgos 11/8/2021 11/8/2021 Complete Spoke with David Hunt (First Merchants Bank) 317-844-2482, regarding reduction of fines, forwarded Resolution 2012-46 and information via email to DHunt@FirstMerchants.com for his review. - IB Re-Inspection LuisMacedo 12/8/2021 12/8/2021 Non- Compliant MacedoLuis 12/08/2021 - Onsite observed violation remains, no changes in ownership. see photo will continue to monitor. Re-Inspection LuisMacedo 1/11/2022 1/11/2022 Non- Compliant MacedoLuis 01/11/2022 - Onsite observed violation remains, no changes on ownership. see photo. will continue to monitor. Re-Inspection LuisMacedo 2/11/2022 2/9/2022 Non- Compliant MacedoLuis 02/09/2022 - Onsite observed violation remains, no changes of ownership. see photo. will continue to monitor. Re-Inspection LuisMacedo 4/8/2022 4/8/2022 Non- Compliant MacedoLuis 04/08/2022 - Onsite observed property still in violation , no changes to ownership , called owner 317 440 8590 no answer left a message. will continue to monitor. CE Staff Review LuisMacedo 5/20/2022 5/23/2022 Complete Property is now owned by a bank. I would make a site visit to the property to see if they cleared up the violation. If not, try to do some research and get a hold of someone from the bank. New deed uploaded to the case. **MacedoLuis 05/23/2022 10:45 AM checked the propeperty and the violations have been abated, see photos. Re-Inspection LuisMacedo 5/23/2022 5/24/2022 Compliant MacedoLuis 05/23/2022 - Onsite observed violation has been abated, the property has been pressure washed all around, no visible green/black slew on the property, screens have been fixed/replaced. see photos will close case. Enter Case Disposition LuisMacedo 5/24/2022 5/24/2022 Complete Verify Conditions & Close Case JosephMucha 5/24/2022 5/25/2022 Complete CE Staff Review Miriam.Lorenz o 5/25/2022 5/25/2022 Complete AOC scan and attach./ML CENA20220002994 AOM NOH 5-25-22 CE Staff Review Miriam.Lorenz o 5/25/2022 5/25/2022 Complete Please disregard previous AOC scan and attach./ML CENA20220002994 AOC 5-25-22 10Business Management & Budget Office 16.A.6.f Packet Pg. 440 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) Execution Date 6/1/2022 10:20:57 AMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review Miriam.Lorenz o 5/25/2022 5/25/2022 Complete AOC scan and attach./ML CEPM20190007369 AOC 5-25-22 Violations Violation Description Status Entered Corrected Amount Comments Exterior Walls - Dwelling Corrected 6/19/2019 5/25/2022 $0 Mold along areas including, but not limited to, the roof, exterior walls, and deck and missing/torn screens. General Maintenance Corrected 6/19/2019 5/25/2022 $0 Mold along areas including, but not limited to, the roof, exterior walls, and deck and missing/torn screens. Accessory Structure-Dwelling Corrected 6/19/2019 5/25/2022 $0 Mold along areas including, but not limited to, the roof, exterior walls, and deck and missing/torn screens. Roofs-Dwelling Corrected 6/19/2019 5/25/2022 $0 Mold along areas including, but not limited to, the roof, exterior walls, and deck and missing/torn screens. Hearings Title Reason Result Compliance Fine/Day Condition Code Enforcement Board on 2/27/2020 Code Review Guilty $0 CEB Ops costs -HB Code Enforcement Board on 8/28/2020 Imposition of Fines Guilty $0 CEB IOF Ops costs -HB 11Business Management & Budget Office 16.A.6.f Packet Pg. 441 Attachment: CEPM20190007369 Code Case Details (26396 : BCC v. RCS Holdings LLC,) 16.A.6.g Packet Pg. 442 Attachment: executed release (26396 : BCC v. RCS Holdings LLC,) 工NSTR 6232945 0R 6■09 Pc 2869 E―RECORDED CLERK OF THE CIRCUIT COuRT AND COM「rROLLER, DOCC.70 52,■70.00 REC S■0.00 CONS S3■0,000.00 SUNBELT PEpared by: Mrnam Yabor R.ruo ro: 500 N. Wcsrshore BI!d. Surte 8J0 [760`2i‐:0635 To Have and rc Hold :ogerh.r wnl al rhe prop.rurc. benefir and behelfolrh€ cranrce fore!er In Wnness Whereol rhe sa,d Ora.roriar egned a.d sealed 4/3/2022 9:44 AM PAGES COLL工 ER COuNTY FLORIDA tS"●●A“ve l■もしi∝Fo`R`∞′¨● =Da●】 ThiS Quitclaim Deed , zqf&y nCS soElngt. LLC..n Indi.n. Umirrd Li,bilii, Codp.ny, and appu.tenances rherlto belonging or ir any$ise app.rta,ning, and a I ih..nare, .ghr.lnlc. cqu,tr,ol6cntor,.ilh.r ii law or i. cquny, ro rh. only iay and y€a.lirsi abole w.ten |キ ;'7貿 ∥:]i;:]:::し ξ籠1::: lndi8napols IN 46204漁」繰幾金置====鷲投留tlRI県鮮淵∥1聞 :惨賓出f鶏需i謂躙鴨概 ARY AproinLnenr of SJccltso, P.rsq.al Rcpr.tentaflt. itsued on Ocrobcr 16. 2015 by ihc Hrmilton Sup.no. 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F'onda.!rzclain and demand whrch C.lnror h!, iq }.j-io1Fi \nain l.nd situar.d in CollierCouDry. Florida, viz Lor39.VERONAWAL(ar^Sa,^."Jt"rd.r',;,/plarrl'ccolr..o,oedinPl.rBool4.P.9eI,orln.P'brc Records orcoll cr counry. Frorida l- l. PaE.lldcanli€rio. Numbc, ,rr}orlrro, ,/t ) 1 avハ '生 My Commrsgon Exprr€s Sramplscal 聰尋饂設蠍 %。ぁ I..id.i! ro ln. iinrfi. oflnr. iiru.rir.. ヽ1′″――・・｀ Its: vice Prcsidenr Americanい nd ttt,e Association ALTA Settlement Statement‐se∥er Adopted OS_ol‐2015 tile No./Ercrow trlo.: Print Date & Tlme: officer/Escrow Offlcen Settlement Location: 1フ 60421‐10635 03/25/2022251,M MIriam Vabor 400 Fifth Avenue South,Suite 204 Naples′FL 34102 Sunbelt Title Agencソ ALTA ID:■150606 400 Fifth Avenue South,Sulte 204 Naples,F134102 SUNBELTぶ Property Address: Buyer: seller: Lender: Settlement Date: Disbursement Date; 7143 Ma「coni Court, Naples,FL 34114 CountyI Co∥ler First Merchants Bank,An indiana State Bank RCSい oldings,LLC CASH 03/31ノ 2022 03/31/2022 Descrlption Seller Deblt Credit Financlal contract Sales Price s310,ooo.o0 Se∥er Debit to RCS Hcldings′LLC S31o,olo.oo Debit Credit SubTotals S310,0()000 S310′00000 Due To Seller S000 Totals s310,000.00 S310,00000 Coprriahl z0r5 Am.ri(.. L..d Tirl. A$o.irtion. Atl.i!hu r.rerv.d. lnitial5 F∥e r 1760421‐10635 P"nted on o3/25/2022 at 2:51 PM Acl(nowledgement I have carefully reviewed thls Settlement statement and lo the best of my knowledge and belief, h is tr!e and accurate statemenr of all recelpts and dlsbursements. I further certify that I have received a copy ofthis settlement Statement. RCS Holdings, LLC, an lndiana limlted liability company By: The National gank of lndianapolis, as Sussessor Personal Representative of the Estate of Xevin J. Merrltt It5:Member u, Beth Mclntlre Its: Vlce President & Senior Flduciary officer/Manager Trust Legal, Tax & Estates COpriⅢ1 21●ハ‐●lon tand■●cお Юo●●on Al 13ht''gerved ln(tials F e I1 1760421‐1063S P百 nted on 03/25/2022 at 2:51PM American Land Title Association ALTA Settlement Statement-3orrOwer/3uver Adopted 05‐CDl-201S Flle No,/Escrow No.: Print Dale & Time: Officer/Escrow Off icer: Setuement Location: ■760421‐10535 03/25/2022 3117 PM Mirlam Yabo「 400 Fifth Avenue South′Suite 204 Naples,FL 34102 Sunbe:t■tle AgencY ALTA ID:1150606 400 FIfth Avenue south,Suite 204 Napies′FL 34102 SUNBELT Property Address: Buyer; Seller: Lender: Settlement Date: Disbursement Date: 7143 Marconi Court′ Naples′FL 34■■4County:Col“er First Merchants 3ant An indiana State Bank RCS Hold:ngs,LLC CASH 03/31/2022 03/3■/2022 DescripUon Bonower/Buyer Debit Credit Financial Contract 5ales Price 531Q000.00 Buyer Credit from F;rst Merchants Bank, An lndiana State Bank S310,000.00 County Taxes Ad Valorem unp3id 2020 to Coliier County T3X CO:lector S2,966.■4County Taxes Non Ad Valorem Unpaid 2020 lo Collier County Tax Collector 5923.98 Unpaid Water Uti∥ty 3i!ito Co∥ler County Utilitv B::ling And Customer Service S3,2s1.s4 Title €harges & Escrow / Settlement Charges owner's Coverage(5316000.00)tO Sunbelt面 tle Agency s1,625.00 settlement or Closing Fee - Buyer to Sunbelt Title ABency 5400.00 Title Search Buyer to Sunbelt Title Agency 590.00 Government Recording and Transfer Charges Deed DocStampstO CLERK OF THE CiRCU!T COURT S2,170.00 Recording Fees foド Deed to CLERK OF THE CIRCUIT COURT 527.oo Fees foT Mortgage to CLERK OF THE CIRCUIT COURT 5256.50 Release to CLERK OF THE CiRCUIT COURT S27. Miscellaneous 2021 Taxes to Collier County Tax Collector S3,749.35 CopyriBhl 2015 Amrrken tand Title A5rxirtion- All lighti .er€rued lnitials Fi!e#1760421-10635 Printed on 03/25/2022 at 3117 PM Estoppels to Associations to Sunbelt Title a8encY - Advance Fees 538■00 Estoppels toAssocialions to Sunbelt Title AgencY - Advance Fe6 536032 Estoppel5 toArsocialions to 5unbelt Title AEencY - Advance Fee5 S1so,42 other to colller county code Enforcement 52572 Survey lo Online Land Surveyors lnc.514300 Unpaid Aisessments to veronawalk Homeowners Association Ins 59,78293 Updated waler bill to Sunbelt Itle ABency - Advance Fees S200 Debit Credit SubTotals S336,36■90 53■0,00000 Due From gorro\rer s25,361,s0 Totals $336,381-go S33G,361.90 Acknosl.dtem.nt I have orefully reviewed thi5 Settlement stateme{tand to the best of my knowledge and belief, it h true and accurale statement ofall receipt5 and dlsbursements. I further certify that I have received a copy of this Settlement Statement, Firitrn( e.ch anls Bank, An lndiah By: David Hunt _Vice Prerident c.Dvr'or 2015 ln.E.o u,n l]tk Aro(i.lon Al .orr .u.ry.d lnitials Fi e"1760421‐10635 Printed on 03/25ノ 2022 at 3:17 PM Prepar€d by: Minnnr Yrbor Sunbch Tdc Agency RRrum ro 500 N wesGhorc Blvd. Ssilc E50 Tampn, FL 33609 Filc Numhcr: 1760421-10615 UNBELT |:■1 ^●="CV いpoc`Ab●●o Th、|“●Fo,R"o`ms Elm■ ThiS Quitclaim Deed ,,0. *,Odh, ", [lA,fLl*- , 2Q2.]$] Rcs Hotdins!, LLc,.tr Indiai' Llmlid, Li,biriq comprny. hcreinafEr callcd thc Cranlor, by its sole member Thc National Ban* of Indiarapoli5. soJelv in its capacily 0s Succcssor Pe6on.l Rcpresentative of$e Eslak of Kcvin Merfllt, duly appoinled by lhat ccdarn A8reed Order as ro Removal and Appoanh.ot of suc(cssor Pclsoml Representali!e issu.d on oclob€r l6,l0l5 by the Hrmrltor Sup..ro( Court No l, Srar€ of lndrana, ("Coun )underCauscNo 29DOl-1505-ES-C00105. ind rnaccordrnc. wrlh thar cen^lr Order Om nE Pcrrondl Rlp'.erantotit . s Patitio lor Aunbr t to Tt dn*t Florido R.'al Ertotd issucd by lhc Coud on . an u.ry :9, I02 I , ! copy ol'rvhrch is nmchcd hercto as E\hibil l. rnd Firsr Mcrchanls Bxnk, An lndhn{ S.arc 8rrt, whosc posr office !dd..ss is: c/o K'E Korin Cunninghrm, ll4 Nonh S.nri. At..uc. lndi.nxpolii, lN {6201, hcre nan.r cilled rhe Omnrc. (Wh€n€ler us€,..1 hcr€in the lEirr "Crantoi'and "Crantc ancludr dl the pani!! to rhrs instrum,rnl and thc hcil., lcSrl reprcs.nBtiyes and .ssrgns ol Lndividuals. and th€ succe55ors d assigns ofcorpor.lrons) Witncsreth, thol thc Cr.ntor. ror and in considerclron otllrc sum ofTei Dollars (il0 00) d oth€r va lu.b le con! id.lation, r.celpr rvhcr.of is he.eby aclnowlcdgcd. hereby remisNs, relcascs. and quirclaims rh. Gmntec, all rl81r, ritle, inreresl. claift lnd denend which Cmntor has in and to ihat ce.tarn l.nd silrir.d if, collier Count). Flori&. v'z Lol 19, vERONAWALK PHASE lA, according lo rh€ plrl rher€oi rccordcd in PIrr Book 41. P!9. l- ollhc Public Recor& ofColli€r Counly, Flordr Pa,c€lld.nrincatonNumber 79904701203 To Have and lo Hold togelhcr rvilh all th. renemenls. hereditaments and nppunenances thcreto b€longirg or rn anywisr sppcrhrning. dnd ill thc cstar.. rlthr. rillc, cqurt), intcresr. lien. or cliim ofCmiro.. eirh€t in la\r or in equitt. lo rhe only prop€r us€. bcn€l'rt and bchall ofthe CrlntEe torever ln Wiincss whereoi th€ sid C.anlor has signed and sealL'd thet€ pr.scnis the da) and ycar firsr nbovc $ritt.n RCS Holdings LしC By Thc N.・ lonal Banヽ o「1■dlanapOlis,as Sしまにs,0「 Pe「,onal Representalve o「lhe Esiate o「Kev n, Mofr tt [ に "、 Vicc President a SeniOr Fiduci3● OFrccr′Managc「Trust LceaL Tなここstotes 10,N Pennwivania St suite 500 lndianapOlis lN 46,04 State o「 County of ]曝酬ltuパ “r糧器 itl棚服l減 :惨攣呂 li器臨警:認料nl謡闘 &eb"--qt"- |.'Jil5''flff*, 8[b c c 6vpl'Le My Commlssioo E:lprrls Slamp,Scal 'cal.d and d.lir. d tu otr pr.s.tr.: 鰤:黎庶m、地 l..id.nr to tl. is!i... olrirl. a.rudn(. SUNBELT TITL E A G E1lC Y 400 Fifth Avcnuc South,Suite 204,Naples,FL 34102・ Phonc(239)430-0306・ Fax(303)262‐1214 Settlement Agent Certiflcation (Non CD Transactions) The undersigned hereby certify they have carefully reviewed the Closing Statement and they approve and agree to the payment of all fees, costs, expenses and disbursement as reflected on the Closing Statement to be paid on their behalf. We further certify we have received a copy of the Closing Statement. RCS Holdings,LLC,an lndiana lilnited liability cornpany First Merchants Bank, An Indiana State Bank RCS Holdings, LLC 107 N Pennsylvania St Indianapolis, IN 46204 File Number: 17 60421 -1 0635 Property Address: 7143 Marconi Lender (if applicable): CASH , Loan Number: By: The National Bank of Indianapolis, as Sussessor Personal Representative of the Estate of Kevin J. Menitt Its: Member Beth Mclntire ITs: Vice President & Senior Fiduciary Oflicer/Manager Trust Legal, Tax & Estates By: Date: SETTLEMENTA(]Eヽ TCERTIF:CAT10N Rcv 4/24/1S Rしヽ4ノ nk First Merchants Bank,An lndiana state Bank c/o Katz KoHn Cunningham 334 North Senate Ave. Indianapolis,IN 46204 Court Naples,FL 34114 By: David Hunt, Vice President Date: ー SUNBELT TITLE AGCNCV 400 Fifth Avenue South, Suite 204 , Naples,IL 34102 . Phone (239) 430-0306 r Fax (303) 262-12t4 Settlement Agent Certification (Non CD Transactions) RCS Holdings,LLC 107 N Pennsyivtta St lndianapolis,■ヽ46204 File Nmber:1760421‐10635 Property Ad&ess: 7143 Marconi Cout Naples, FL 341 14 Lender (if applicable): CASH , Loan Number: The undersigned hereby certify they have carefully reviewed the Closing Statement and they approve and agree to the payment of all fees, costs, expenses and disbursement as reflected on the Closing Statement to be paid on their behatf. We further certify we have received a copy of the Closing Statement. RCS Holdings,LLC,an lndiana limitcd liability company By: The National Bank oflndianapolis, as Sussessor Personal Representative of the Estate of Kevin J. Menitt Its: Member FLst Merchants Bank,An hdiana State Bank c77o Katz Konn Curmingham 334 North Senate Ave lndianapols,■ヽ46204 職´ By: Beth Mclntire ITsi Vice Prcsidcnt`2 Scnior Flduciary omcer/Manager Tlust Legal,Tax&Estates By: Date: SETTし EMENrACENTCERT:FICAT!ON Rcv 4′24/18 RLM′ak By:Da宙 d Hunt,vicc Presidcnt ぶSUNBELT ,l子 t[ ■6〔?ICV 400 Fifth Aveoue Sonlh, Suite 204 , Naples, FL 14102 . Phonc (239) 430-0306 . Fax (303) 262- 1214 Closing Agreement The undeBign€d Buye(s) end Sclle(s) (collectivcly rhc "Panici') havc agrccd ro Oe transl'er of cenai, rcal tropcrty (rhe "Propsly") and h.reby amm and.gre. thit: l- The actions ofSecured Land Tmnsfers d/Ua Sunbeh Titl. Age.cy ("Sunbelr"), hs enploy..s snd agcnls in closing the transaction associatcd wilh thc Propc(y and issuint any policy of insurancc arc consist.nt with thc instru:tions oflhc Pa(iesl 2. Wihout any additional considcration, erch ofthe Parties shall cxecutc and deliver any funher legll insr-uments and peform such acls which aia or may become reasonably necessary to cffcctuala lhe kansfer ofthe Propeny; 3. They have nol and will not rlly upon any stalemenls, promiscs, represen6lions or documents providei b) Sunbalt, its .mployc.s oragcnis. conceming thc P'operry's cond ition i 4. Documcnts provid.d by Surbek to lhe Pani.s do not.epresent an abrEacr ofii(I., r.pcn ofrh. condition oftitlc, l.gal opjnion, opinion ofrirl., or orhcr .cprescntation ofthe status oftille; 5. Thc proccdurcs uscd by sunb.lt to dctcrminc insurabilily oftitl., including any sarch and cxamination, arc p-opri.tary ro Sunb.lt, wer. perfonned solely for ih. bcncfit ofSunbelt, and are nct lhc basis for any torl or contractual lia)ility to rny pcrson. including a proposcC insur.d: 6. Te th€ extenl thal any funds rclaled lo the lranster oflhc Propcrty ar. nisdirccted, the Pa{y rccciving such misdireclcd londs shail irnnediately retum them to Sunb.ll, and liat Sunb.lt thall have the ri8hr and staoding lo seck rte rcturn of such lunds and rccord anolice oflis pendens with regard roanyaTcctcd realprop€ny owned bythc Pani.s, as $e darnagc anj prcjudice which S!nb.ll may slstainduc !o lhe record ing of liens or olh.r instruments with regard toanysLch propcny consrjtutc an intcrcst in srrch prop.fy foi the sole pupose ofr..ording a noiice ofiis p€ndens; ?. Sunbeh is h.ld harmless for th. prymcnt a.d issuance of any homeowncr's or hazard insurance policy r.l.t.ing to the Propefty, and lh. Pany to bc irsurcd agrccs thar i1 shall .onfirm with thc ins]lrcr as soon as possiblc firt any lirch policy hai b.cn rimcly issucd; 8. Suflbelt is neither responsible fornor have the Panics r€lied on Sunbelr to verify th. authenticity ofsignaturcs wrrh rcspecr to documcits provided lo SunbcJl by thc Panies or thei. agents; and Rel€sse oflnformrtion: Buyer(s) and Sellcr(s) aulhorize a copy oflheir s.nl.rrcnt staremenl, HUD sndor Closing Discloiurc 10 be prcvidcd to lheother pany, rheiraitom.ys, Hom.awrcrs/Condo Association(s) ifr.qun.d byslid association, Lcndc(!), and real cslale brokcn and agents involved in lhc tnnsaclion. Furthermo.e, Buyer(s) hcr.byaxrhorize Sunbclt to Frovidc 8ny r€qucsicd infoffiation !o lhoir homcowncfs insuranc! compsny. Prro[/lnvoic.s: Any bills for inspcction andor rcpair re.civcd aft6r thc scltlement wi)l t€ thc rcsponsibiliry of thc pcrson orderingsuch rcpaiB or inspeclions,.nd Sunbck willb€ held ha.mless- S.llc(, realizc lhal Sunb€lt is rclying on a wriiteo payoltfigure ftom theii Iende(s). Ifho*ev.., rhis anounr is ftund to be insuffici.nl by the lend€r(r) 8frer closjng,lhc Sellc(s)do h.rcby agree that any additionalfunds raquircd to obrain a sarisfaction of fic subj.d mongrge(s) will be immediatcly foruiard.d to Sunbclt or thc said amoun! may bc dlductcd from rhc Sellcr,s Sell.r(!) wan"nt tial any equity, revolving, or similar lin.s ofcrcdit r.lating !o the Prop€rty will be closed prior to closing and wiu nc{ bc sscd rfter the dat. oftho payotT slarcmcnt for €ach sucb c.edit line or aF.er the dat€ of closirg, which. /€r datc is.a icr tsuy.(s) a,!d Sellc(s) acknowl.dg. lheir conizct may provilc for the proration ofnon-tille rclal.d matlcrs such as propan€ 8as, olilil;(5, scrvice conlrscls and/or waste .isessmcnts, Buyer(s) and Scllcr(s) rgrEe to iold hrrml.ss SunbElt for iack of or improp€r pffation. Asiociation(t)r Buye(s) havc been nolilicd by Sufibelr $at Homcowncrs/Condo Asso{iation f€ls are due toAssociaiionG) oD! rcgllar basis. Th! Associaiion(i) peymc .mounts and payhcnr ft.quency arc rcr fonh in th. Salc .nd purch.sr contact. Sclle(s) acknowl.dBc lhal all Homeown€rs/Condo Associarion fccs ard/or spc€i.t asscssmcnB a,! paid in ful ro d!,e op€n/Erpjrcd Pcrmilr: scllc(s) warranr rha! att ope cxpired permits have bccn c,osed and seltc(s) hav. obrained sny rcquired pcnnib for imp.ovemcnB to ihe Property priorto Ctosarg Date. CLC5I\,C^CRETN/tN-I ″ Thc UndG,rsigned h.Eby cov.n.nl to hol harml.$ snd rrlt s. Sunb.lq i!5 .nploy€ei, 1g.nt5, prttdccgsort, .ucc!$ors, rsriSns,rnd lftililrar from lny rnd rllliability for r.y and rll ch:ms sndor I k lowtr.nd unknown, lorcsccn rnC unforesccn d.m.8.s rcsulting fi om g!!qjM!j@ for thc Subjlct kopcrty. Attorleyr! F.ca: ln thr cvBnt thd litigation ;s iniliated againsr Sunbclt rclaiing to this agrc.mmi or ft. PIopcnv, hc prnias he.cto sgrle that th. pr.vriling p6ny shsll b! cntitl./ ro costs snd .ttomcys' G.s. s.ll.(4 RCS Holdingr, LLC,..lndior lilnitcd lilbllity er:-"Mton"l B.rkoflndir polit, rs surr<s$. P(rsonrl RcArc..rt tiy. of i1:? EnrG ofKcvin J. Buy.(.) Fir{ M.rchrnE Brnlq An Indimr Sl.ic Brnk By, D."d Hunl Vlc. P*td*t D!!c: OTccr/M3■33Cr T,u,t LcsIL T3X●Ettalet Ic柴匹 CLOSINGハ GREEM ENT 625‐2021 しS UNBELT |'t: AS:NCY 400 Fifth Avenu. South, Suhe 204 , Naplcs, FL 34102 . Phonc (239) 430-0306. Eax,(303)262-1214 Closing Agreement Thc undenigned Buyc(s) aod Scllc(r) (collcctivcly thc "Partica") havc €rccd to rha tsansfcr of cqt in real propcrty (tho 'Propdtr') and hcr€by afilrrn ind sg?ee thal: I lhe actions of Sec!rcd Land Transfe.s d/Ua Sunbeh Tillc Agcncy ("Sunbclf'), its cmployels rnd sgen:! in ciosing the tran$clion atsociated with lh. Prcperty and issuilrg eny policy of insurance are coNi$rn! \ri,ith lhe In!tsuctions ofthe Padiesi 2. Wilhout sny addilional coosidention, !a.h ofthe Parties sball .xecqt. and deliver any firther leeEl insr.um.nts and pcrforh such acls which 6re or may t.comc rcasonably rcccssuy to cffectJate the transfd oflhc hopert/; 3. Thcy havr not and will not rcly upon any slatem€nts, promisls, tllrrsen6tioD! o! dosumentr providcd by SuDbch, fu cmploy.es or.gcntr, conccrning the Propcriy's conditior; 4. Documents providcd by Sunbeli to lhc Panias do not rcpresent en ibstrilt oftitlo, rcport of ihc conditio, oflitlr, legal opinion, opinion oftitlc, or olh.r r.pr.scntation ofthc ndus oftitlc; 5. Tte procedure! used by Subclt ic determine insurahility of titlc, ircludingaoy scarch rnd cxamin.tior, err proprietary to Sunbch, w.r€ pcrfonncd solcly fo. thc bcnrft ol Sunbclt, snd lrc not dle baris for any tort or.ootacural liabiliry ro.ny pcrson, includ;ng a propored insured; 6. To lhe cxtcn: lhat any funds relatcd to tic transfcl ofthc Prop.rty a'e misdiEct!4 the Party r.r.iving iLch misdiEctcd funds shall immdialcly rctum thcm to SunbelL and thal Sunbclt shall have the riglt and strnding !o sc.k the rrtum of luch funds and rc.ord a noricc oflis p.ndcns with.cgard to any aJlccEd rcal propcrty owocd by th. Panic,s, .s thc dlmage an d prcjud icc which Sunbelt mry sushin duc to So recording of liens or other instu!.nls wi& r.gard to an:/ such prop.rty constirut! an inrerssr in such profcrty for tic solc pu.posc ofr.oording a notic€ of Us p€ndens; 7 Sunb€lt is hcld hannlcss fo. rh. paFnent a.d issuence of rny homeo*lcr,s or ha.rd hsunnc€ pljcy relating to th! Pbp.rty, and $e Paray to be insurcd a8rc.s rhlt it shall confirm with rhe insurar rs sooD as possible that anysuch policy has b€cn rimcly i$uedi 8- Sunbelt is ncither responsible for nor hevc lhc Panjca rcli€d on Sunbcitto vcriry the althenticity ofsignatures with respcct lo documcnB provided to Suobclr by ihe Pani6 or tlcir agcnt!; rnd R.lesse oflnformatioo: Buye(s) ind Seller(s) authorizc a copy ofthcir scttt.mc[t statcm cnt, HUD andorClos ng Disc]o6ura lo bcprovidcd to lha ofier party, thcir.ttom.ys, Homcowncrycondo Asso.ialion(s) ifrcquir?i by said aisoci.tion, Lcndcr(s), and rcallslaE brokers and agents involved in the mnsaction. FfiIcrmorE, Buye(s) haeby authonz€ SunbehroEovide rly rcquested inlormalion !o thcir homcownsr's insumlca cornpany. Peyotf/lnvoic€!: Any bills for insp.ltion md/or r.pair r.ccivcd ancr the s.ttlement will be the resporsibility of th. plrson orderingsuch r€paiE or insp.ctions, rnd Sunbch will bc hcldharmless. Scll€r(s) realize ths! Sunb.lt is relying on a writrcn parofffigure from thcir hndcr(6). Ifhowever, $js rmount is found iob. insofiicitnl by the lcflde(s) eftcr ctos ing, th. scl lcr(s) do hercby agrEe that any additioDal fu[& rc+ired to obtain s satisfaction of thc subjccl mo(gagc(s) will b€ immcdirt.ly forwardcd to Sunbeh or the srid amount may b; dcductcd from nie Sc eis Scll.(, warE t lhlt .ny cquity, rcvolvin& or simillr lina3 of crldit rohling to tho Proporty wiu b€ closci prior to olosing ard wiil nol bc uscd ricr th! detc ofthc payoffltstamalt for each such cEdit liD€ or afrcr dle date cf closing, x/hichcvli d;tr is .arlier. Buy.(s) rnd S.llc(s) rcklowlcdg. lhcir contract may pmvid. for lh. proralion ofDon-titlc r.latod Eretllrs su.h a! pmparo gasr urilities, se*ice connacas sr(yor \vaste ssscssm.rs. Buy.r(s) atrd sclr<s) tgre. to hold harmlcss sunbalt for l;* oi, orirnprop.r pror.!ion. ssoc'l' tion(9: -B ttyd, hav. bt n notifi.d by sunb.lt dlet HomrowDcrs/condo Association f.a! are duc !o Asso ciation(i) on a rr€ular brih. Thc AssocirtionG) Payrnent amounl5 rnd paymcnt EEqucncy u! sct fonh in orc Sal. and puroh"re cc,'tict-sell€(s) ackno*:cdB. rhar arr Horncowncdcondo asrociatioD fe.s rnd/or !;.ciat alsassncnB ,r. paid iD firll ro drJc. open/Erpir.d P.rmib: serr€(s) warrut rha! !r opcn/cxpir.d pcmi6 hav€ bccfl cro6.d "nd srlrcr(s) haw (btaincd snyrequircd pcrmits for improrlmcnts to the propcrty prior to Closing Da&. 62,‐202 しヽ Thc UfldcBigncd icrEby covcn.nt to hold-hirmlcss .nd rclcasc Sunbclt, iB cmployccr, rgcnb, prc&c6ssors, succ.ssors, issigns, and affilistes from lny and all liability for lny ard rll clsims lndor ill kDown and unknown, forasrcn and utfores€cn dlmagc! rriulting from @ fortho Subjcd Propaa. Attorocy!' P.€s: ln the ovlnt that litigrdon is initiated sgrifllt Surlbelt rel..ing to this agre.mont or dlc Propcrty, th. partie3 hcrcto agroe lhstthc prcvailing palty lhall becntilled lo cost! rbd attorneys' fc€s. Sell●r13) RCS Ho日 1■5 LLQ an!nd鰤ユIInil“IEb∥ity ∞mp3,y By:The Neliond Bttk oFInd呻 1`SS―rPcttn3 RcPre,ntative or・ he RueOFKevnJ Mcm“:"Mmb‐ B{y!(, D■le― B.th Mcln$l. lTs: Vic. Parid.nt & S.flior Fiducialy Tru$ Lcgal, Tar & Eliir!. By: Drlc: CLOSINGAGREEMENT 1252021 LS fr.ir Mcl.hlrt3 Br.lq An I 'm ―/ν “ ´ `レ _ヘ |ッ Davi`Hun、Vice pに ●dent UNBELT lTLE ACENCY hepared by: Miriam Yabor Sunbelt Title Agency Return to: 500 N. Westshore Blvd., Suite 850 Tampa, FL 33609 File Number: 176042 I - I 0635 [Spacc Aborc This Line For Rccording Dota] Affidavit of Limited Liability Company (Seller) Before me, the undersigned authoriry, personally appeared Beth Mclntire, on behalf of The National Bank of Indianapolis ("Affiant(s)"), solely in its capacity as Successor Personal Representative of the Estate of Kevin Menift ("Estate"), pending in the Harnilton Superior Court No. 1, State of lndiana ("Court"), under Cause No. 29D01-1505-ES-000205, who being by me firct duly sworn, on oath, depose(s) and say(s): L The Estate is the sole member of RCS Holding, LLC, an Indiana Lirnited Liability Company', and the following statements are to the best of Affiant(s) actual knowledge. 2. The LLC is cunently in existence undel the Irrdiana Business Flexibility Act (the "Act," 1.C.23-18) and the LLC holds title to the real property legally described as: Lot 39, VERONAWALK PHASE lA, according to the plat theleof, recorded in Plat Book 41, Page l, of the Public Records of Collier County, Florida. Parcel Identification Number: 79904701203 ・茸淵諄 mtt J占鵬器｀К 飩 “ hぬ eRatぉ The member'(s) or manager(s) executing the deed is/are autlrorized to do so under the Act, the Articles of Organization, and the Court's Order Granting Personal Represenlalive's Petition for Auhority to Transfer Florida Real Estate entered January 29, 2021 . Neither the LLC Dor any of the members lrave been debtors in a bankruptcy proceeding during the existence of the LLC. This affidavit is given for the purpose of inducing Sunbelt Title Agency and Title Resources Cuaranty Company ("entities") to issue title insurance on tlre subject property with the knowledge said entities are relying upon the statements set fonh herein. Seller hereby lrolds Sunbelt Title Agency and Title Resourccs Cuaranty Company harmless and fully indenrnifies same (including but not lirnited to attorneys'fees, whether suit be brought or not, and at trial and all appellate levels. and coult costs and other litigation expenses) with lespect to the matters set forth herein. Affiant(s) furtlrer state(s) he/she is fanriliar with the nature of an oath and with the penalties as provided by the laws of tlre United States and the State of Florida for falsely swearing to slatemellts made in an instrument of this nature. 4. AFF OF LLC COSELLER REV 3-:l‐2016 RLM/11nll) The National Bank oflndianapolis, as Successor Representative oflhe Estatq of Kevil Merritt ι Beth Its:Vice President&Scllior Fiduciary Ottcer/Manager Trust Legal,Tax&Estates State of County of Maro17a Syqm to apd subscribed lefore me by means of D{ physica.l plesence or [ ] online notarizatit,n, this JB-ty of trAAfit4 . zoeL by Beth Mclntire. He/she [$is penonally known to me; or [ ] ha-produced as identification. 鵬盤::鍮 e.F壁可L4__ My Commissim Expires Stamp/Seal AFF OF LLC COSELLER REV 3‐12o]6 RLM llmo Beatrice C. Gavrila .r. rr rlol Noiary Plbtic- Slate ol tndiana dot oop山 "y● WIf‐m: 1・ 2●34“AS:S"Residentiai Contract For Saie And Purchase THIS FORM HAS BEEN APPROVED BY THE FLOR:DA REALTORS AND THE FLORIDA BAR PAR￢ES: First Merchants Bank cse∥eの,and Glusep口 n3Romano cBuyeO, agree that Se∥er sha∥ se∥ and Buyer sha∥ buy the fo∥owing descnbed Real Property and Persona! P「openソ (CO∥ediVely・ Properyっ pursuantto the terrrls and condltions ofthis AS:S Resldentlal Contract For Sale And Purchase and any nders and addenda(・ Contract"): 1. PROPERTY DESCR:PT:ON: (a) Street address, city, zip:7143 Marconi CT NAPLES,FL 341,4 (b) Located in: __:@|!iq_ County, Florida.TaxlD#: (c) Real Propeny: The legal description is 12 13 14 15 10 17 10 10 2● 21・ 22 21 24・ 25"27● 2. 20' 20 1●・ 3, 32 33' 34★ 35o 30・ 37・ 30 00° 4●● 4: 42・ 43 3. “ “ ・ 4● 47 “49 30 4. 51 52 together wnh a∥ existin9 irnprovements and ttxtures, including buill―in appliances, bu∥t―in ttmlshings and attached wal「to‐wa∥carpeting and looringぐ Real Propertyつ un:eSS Specirlca!ly exc uded in Paragraph l(e)Or by othertems ofthに Commd (d)Personal Property:uniess excluded in Paragraph l(e)or by other tenrls ofthis Contract,the following nems whにわare owned by Se∥er and ex:sting on the Property as ofthe date ofthe innia1 0rer are included in the purchase:rango(Sソ。Ven(S),remOeratorcs).diShWasherlS),diSposal,ce llng fan(s),|●ht nxturels),drapery rods and drapenes,b"nds,window treatments,smoke detector(s),garage door opener(s),therrlDstat(s),dOOrbe∥(S). televlsion wa∥mount(s)and teleusbn mounting hardware,securny gate and other access deM∝s,ma∥box keys, and storm shutters/storm poteclion items and hardware CPersonal Property") otner Personal Property ems included in lhis purchase are: Personal Property is included in the Purchasa Price, has no contributory value, and shall be lefl for the Buyer. (e) The following items are excluded from the purchase: PURCHASE PRiCE AND CLOS:NG PURCHASE PRiCE(U S currency):… … … …… ………………―――… … … ………… … ……S 442,000.00 (a)hmJ deposnto be hett m escrOw h the amount of(Checks subleCttO co:LcJon〕…………S 22,00000 The innia!deposl made payable and delivered tデ Escrow Agent"named below (CHECK ONE卜 o□acCOmpanた s orer or(∥)国も1。be made winn 3 1fに l blank, then 3)days after Effective Date lF NEITHER BOX:S CHECKED,THEN OPT:ONIり SHALL BE DEEMED SELECTED Escron, Agenl Name:Firsl American Title Address:TEmail: TeamNaole@firslam.com Fax: (bl Addnional depost to be de∥vered to Escrow Agent wnhin oFlen blank,then 10) days after Effect"e Date………………………………………………………………………………S_ い ∥depOSltS pad or agreed to be pald,are co∥ec∥vely「eferred to as the・ oepOsn") Financing: bpress as a dollar amounl or percentage ('Loan Amounl) see Paragreph 8......... Other: ................$ Balance lo close (not including Buyer's closing costs, prepaids and prorations) by wire transfer or other co!lected funds(See sTANDARD S)…………………………… ……………………… …S 420,000.∞TIME FOR ACCEPTANCE OF OFFER AND COUNTER‐OFFERS;EFFECIIVE DATE: (a)if not slgned by Buyer and Se:ler, and an executed ∞py dellvered to a∥ parties on or before」uly 20.2023 , this offer shall be deemed withdrawn and the Deposit, if any, shall be retumed to Buyer. Unless oiheMise stated, time for scceptance of any counter-oflers shall be within 2 days aner the day lhe counter-offer is delivered. (b) The effeclive date of thb Contrad shall be the date when the last one of lhe Buyer and Selter has signed or initialed and delivered lhis offer or fnal counter-offer ('Effedive Date). CLOSING; CLOSING DATE: The closing of this transaction shall occur when all tunds required for closing are receiv€d by Closing Agent ar}d Colleded pursuant to STANDARD S and alt ctosing documents required Io befumished by each party puBuanl to this Cootracl are delivered ('Closing). Unless modifed by other provisions of εむ″Page l of13 semers:nttlais Al ng“eseMd調器:鋼飩雖 Rev 7723 0 2023 Flonda Reakor50 and The F!onda Bar 」uiy 18 2023 |●loopumro‐ “ ●●ol■ 53' “55 50 57 50 30 00 01 62 03 04 6S 00 07 60 6● 70 71 72 73 74 75 70"70 71 ∞ 81 02 “'84・ “00 07 13・ 00' 00° 91■ 02★ 03・ 94 thiS COntrad,the Closing sha∥occur on establlshed by the Closing Agent 5. EXTENS:ON OF CLOSiNG DATE: Atlgust15 2023 CC10Sing DateD,at the lme (a) ln lhe event Closing funds from Buyer's lender(s) aae nol a\railable on Closing Oate due lo Consumer Financial Protection Bureau Closing Disclosure delivery requiremnE CCFPB RequirEments), if Paraoraph E(b) is checked, Loan Approval has b€en obtained, 8nd lender's undeMC(hg is complete, then Closing Date shall be extended br such period necessary to saiisry CFPB Requiremenls, provided such period shall not exceed 7 days. (b) Itan evEnt coflstituting 'Force Maieure'causes seMces essenlial for Closing to be unavailable, including the unavailabilily of utililies or issuance of hazard, wind, flood or homeo,vners' insurance, Closing Date shall be extended as provided in STANDARD G. OCCUPANCY AND POSSESSION: (a) Unless Paragrsph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possesslon of the Prop€rty to Buyer lree of tenants, occupants and fulure tenancies. Also, at Closing, Seller shall have removed all personal items end trash from the Property and shall deliver all keys, garage door openers, a@ess devices aM codes, as applicable, lo Buyer. lf occupancy is to be deli\,ered bebre Closing, Buyer assumes all rbks of loss lo the Propeny fiom dale of occupancy, shall be responsibh and liable for mainlenanca from that date, and shsll have accefled the Prope(y in its existing condilion as of time of tsking occupancy, see Rider T PRE- CLOSING OCCUPANCY BY BUYER. (b) tr CHECX lF PRoPERW lS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. lf Property is subject to a lease(s) or any occupancy agreements (including seasonal and short-term vacation rentsls) afier Closing or is intended to be rented or occupied by lhid parties beyond Closing, the facts and lerms thereof snall be disclosed in writing by Sellor to Buyer and copies of tho wrilten l6ase(s) shall be delivered to Buyer, all within 5 days after Effecti\re Oate. lf Buyer determines, in Buyer's sole discr€tion, lhal the lease(s) or tern6 of occupancy are not acceptable to Buyer, Buyer may terminate this Contracl by delivery of writlen notice of such eledion to Seller within 5 days aier receipt of the above items from Seller, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller fmm all further obligatlons under this Conlrad. Estoppel Letle(s) and Seller's aflUavit shall be proviJed pursuant lo STANDARD O, except that tenant Estopp€l L6tters shafl not be required on seasonal or short-term vacation rentals. lf Property is intended to be occupied by Seller afier Closing, see Rider U POST-CLOSING OCCUPANCY BY SELLER. ASSIGNABILITY: (CHECK ONE): Buyer E may assign and thereby be reloased from any further liabitity under this Contract; fl may sssign but not be released from liability under this Contract; or I may not assign this contract. IF NO BOX IS CHECKED, THEN BUYER MAY NOT ASSIGN THIS CONTRACT. FINANCING FINANCING: E (a) This is a cash transaction wilh no financing contingency. E (b) This Contracl is contingent upon, within _ (if lefr blank, then 30) deys ater Effective Date fLoan Approval Period'): (1)Buyero aining approval o[a E con\rentional E FHA tr VA or O other_ (describe) mortgage loan for purchase of the Property for a (CHECK ONE): tr fxed, 0 adjustable, E tixed or adjuslable rale in the Loan Amount (See Paragraph 2(c)), at an initial interest rate not lo exceed _ % (if En blank, then prevailing rale based upon Buyer's creditworthiness), end for e term of --(if lefl blank, lhen 30) years ("Financing'); and (2) Buyer's rnortgage broker or lender having received an eppraisal or altemative valuation of the Property satisfactory to lender, if either is required by lender, which is suflicienl to meet the terms required for lender to provide Financing for Buyer and proceed io closing ("Appraissl). (i) Buyer shall make applicetion br Financing within _ (if lef, blank, then 5) days a{ler Efrective Oate and use good faith and diligent efiort to obtain approval ol a loan rneeung the Financing and Appraisal terms of Paragraph E(bXl) and (2), above, ("Loan Approval") wilhin the Loan Approval Period and, thereafter, to close lhis Contract. Loan Approval which requires Buyer to sell other real property shall not b€ considered Loan Approval unless Rider V is attached. Buye/s failure to use good faith and diligent effon to omain Loan Approval during the Loan Approval Period shall be considered a default under ths terms of this Contmd. For purposes of this provision 'diliJent ofiort'includes, but is not limited to, timely fumishing all docurn€nis and information required by Buyer's morlgag6 broker end lender and paying for Appraisal and other fres and charges in conneclion with Buyer's application for Financing. (ii) Buyer shall, upon written request, keep Seller and Broker tully infonned abcul the status of Buyer's mortgage loan applicalion, loen processing, appraisal, and Loan Approval, including any Property related conditions of Lotn Approvel. Buyer euthorizes Buyer's modgage broker, lender, snd Closing Aoenl lo disclose such slatus7 勿リPage 2 of13 sd“rs lnitlels 川n●應resemd剖例詔:揚 Rev 7/23 0 2023 Fbnda ReatorsO and The Flonda Bar 」uly 18.2023 do(loop rgn.Iura vdlirriolt ,0● 110 11, 112 113 114 i15 1:0 1,7 118 119 120 121 122 123 124 126 120 t27 '20129 :|● ,3, 135 136 137 138 13● 140☆ 141 142 ,43 144 145 148 11ア 148 149 150 151 152 153 154● 155, 158 157 150 159 100 101 102 103 104 and progress and rclease preliminary end tinally executed closing disdosures and setllemenl statements, as app@priato and allowed, to Seller a]d Broker. (iii) lf within the Loan Approval Period, Buyerobtains Loan Approval, Buyershall notify Seller of ssme in writing prior lo exdration ofthe Loan Approval Period; or, if Buyer is unable to obtain Loan Appro\relwilhin Loan Approval Period but Buyer is satisfied $/ith Buyeds ability lo obtain Loan Appror/eland prcceed to Closing, Buyer shalldeliver written notice lo Seller conllrming same, prlor lo the expiration of the Loan Approval Period. (iv) lf Buyer is unable to ouain Loan Approval withln the Loan Approval Period, or cannol lirnely meet the terrs of Loan Approval, all afler the exercise of good faith and diligent effort, Buyer may lerminale this Cor ract by delivering writen notice ollermination to Seller priorto expiretion ofthe Losn Approval Perbd:whereupon, provided Buyer is not in default urderlhe lerms otthis Contract. Buyershall be refunded the Deposit thereby r€loasing Buy6r and Seller from all further obligations under this C0ntrad. (v) lf Buyer hiE to timely deli\,Er any written notice provided for in Paragraph E(bXiii) or (iv), above, to Seller prior lo expiration of th€ Loan Approval Perkd, then Buyer shall proceed foMard with this Contrsct as lhough Paragraph 8(a), above, had been checked as ofthe Effeclive Dale; provided, however, Seller may elect to terminate this Contrsci by deli\ering written notice of termination to Euyer within 3 days after expiralion ofthe Loan Approval Period and, provided Buyer is not in default under the terms of this Contract, Buyer shall be refunded the Deposil thereby releasing Buyer and Seller trom all further obligations under this Contract. (vi) lf Buyer has timely provided either written nolice provided for in Paragraph Eb(iii), ebove, end Buyer lhereaier fails to close lhis Contracl, the Deposit shall be paid to Seller unless failure lo close is due to: (1) Selleds default or inability to satisfy oiher contingencies of thb Contrac{; or (2) Property related conditions of lhe Loan Approval (specifically excluding the Appraisal vsluation) have not been rnet unless such conditions are wsiv€d by other provisions ofthis Contract; in which event(s) the Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller trom all funher obligations under this Contracl. E (c) Assumption of existang mortgage (see Rider O for terms). E (d) Purchase money nole and mortgage lo S€ller (see Rider C for tenrs). CLOSING COSTS, FEES AND CHARGES 9. CLGSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: (a)COSTS TO BE PA:D BY SELLER:。Docurrlentary stamp taxes and sultax on deed,if any ・ Owners Po∥cy and Charges(I Paragraph 9(Ol①にChecked)。TⅢe search charges(r Paragraph 9(C)Oiウ S Checked)。Mundpal∥en search of Paragraph 9(Cl(り。rぐ ∥)に Checked) 。Charges for FIRPTA wtthholding and reporting . Seller's attomeys' fees lf, prior lo Closing, Seller is unable to meet the AS lS Maintenance Requirement as required by Paragraph 11 , a sum equal to 125% of estimated co6ts lo rneet the AS lS Maintenance Requirement shall be escrowed at Closing. lf actual costs lo meel the AS lS Maintenance Requirernent excesd essowed srnount, Seller shall pay such eclual costs. Any unused portion of escrowed armunt(s) shall be relurned to Seller. (b) GOSTS TO BE PAID BY BUYER: . Taxes and recording fees on notes and mortgages . Loan expenses . Recording fees for deed and financing slalements . Appraisal fees . Ownefs Policy snd Charges (if Paragrsph g(c)(ii) is checked) . Buyefs lnspections . Survey (and elevation cerlification, if required) . Buyer's attomeys'fees ・Lender's tl:ep。licy and endorseFlentS ・HOA/Condominium Association app∥cation/transfe「fees o Municipalnen search of Paragraph 9(cl〈1)t CheCked) ・CXher: ・ A∥property related nsurance o Owners Po∥cy Premlum o「Paragraph O(Cl(“i)iS Checked) (c) TITLE EVIDENCE AND INSURANCE: At least _ (if left blank, then '15, or if paragraph 6(a) is checked, then 5) days priorto closing Date cTitle Evidence oeadline"), a litle insurance comm(ment issued by a Florida licensed title insurer, with legible copies of instruments listed es exceptions attached thereto ("Ti[e Commilrnenl) and, afler closing, an ot\rner's pollcy of title insurance (see STANDARD A lor terms) shall be oblained and delivered to Buyer. lf S€ller has an owne/s policy of title insurance covering the Real proporty, Seller shall tumish e copy to Buyer end Closing Agent wilhin 5 days affer Effecli\€ Date. The owner's ti e i,oli;ypremium, title search and closing seMces (colleclively, 'O,vner's Policy and Charges) shall b€ paid, as sei forth below. The tille insurance premium charges for lhe owne/s policy and any lender's policy will be calorlated and allocated in accordence with Florida law, but may be reported difierently on cerlain federally mandated closing disclosures and other closing documenls. Fo, purposes of lhis Contract 'municipat lien search. means a 勿リ . HOA,/Condominium Associalion estoppel fees . Recording and other lees needed lo cure ti e . Other: 棚 ′7/2302い Floru●R柵 ‰恥nda 8ar川崎 “ 識 Ψ 郎」uly 18 2023 &ttoop drE Gvrrilk-o.t t05 t66 tal tocr 160r 170 t71 112' t73 17a* 175 r 17A 177 t7E t79r t00 tgl r82 tE3 tSar t85r t8E t87 ,IEE tas 100 t91 t92 l9s t9ai 't95 t0ci ts7 106 t0t NO 201 2t2 203 ml 205 mo 207 NA 200 2t0 211 2t? 2tt 211 215 216 217 2ta 2tg 220 soarch ot rBcords n€cassary for ihe owner's Polic"y ol tith insurance to be issued wlhoul excaption br unrscorded lhns imposed pursusnt lo Chapters 153, 159 or ,l70, F.S., in fal,or of any govemmsnlal body, authority or agency. (cHECK ONEI: E (i) Seller shall designste Closing Agent and pay for Orrnels Policy end Charges, and Buyer shall pay the premium br Buyefs bndefs policy and charges for closing seNices related to the lendefs policy, endorser€nts and loan closing, $rhich anpunts shall b6 paid by Buyer to Closing Agent or such other provile(s) as Buyer may select; or E (ii) Buyer shall designate Closing Agent and pay for O/vner's Policy end Charges and charges for closing services r€lated to Buyer's lendefs policy, endofsements and loan closing: or El (iiD [MlAMI-DADE/BROWARD REGIONAL PROVISION]: Buyer shall desbnate Closing Aqent. Setter shatt fumish a copy of a prior owneis policy of tille insurance or othor evidence of title and pay fees for: (A) a continuation or update of such tiile evidence, which is acceptable to Buyer's title insuaance undeMriter tor reissue of coverage; (B) tax ssarch: and (C) municipal lien search. Buyer shal! obtain and pay for post.Closing continuation and premium for Buyefs ovrner's policy, and if applicable, Buyefs lender's policy. Seller shall not be obligated to pey rnore lhan t_ (it bn blank, lhen S200.00) tor abstract conlinuation or tiue sea,ch ordered or performed by Closing Agent. (d) SURVEY: At least 5 dsys prior lo Closing Date, Buyer may, at Buyer's expense, have the Reet property surveyed and cortifed by a registered Florila surveyor ('Survey). lf Seller has a survey covering the Real Property, a copy shall be furnished to Buyer and Closing Agenl within 5 days afler Effedi\€ Date. (e) HOME WARRANTY: At Closing, ! Buyer E Seller I N/A shall pay lot a home wananty plan issued by at a cost not to exceed $. A home wafianty plan proviles for repair or replacem€nl of many of a home's fliechanical systems and maior built-in eppliances in lhe event of b(eakdoivn due to normal wear and tear during the agreerEnt's wananty period.(f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full arnount of liens imposed by a pubtic body ("public body'does not include a Condominium or Homeownerb Association) thal a.e certified, confirmed erd ratified before closing; and (ii) the amount of lhe public body's most recent estimate or assessmenl for an improwment which is subslanlially mmpl€te as of Efiecliw Date, bui that has noi resulted in a lien being lmposed on the P.operty before chsing. Buyer shall pay all other assessrnents, lf special assessments filay be psid in installrnents (CHECK ONE,: E (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due afier Closi,tg. lnstallments prepaid or due for the year of Closing shall be proraled. E (b) Sellsr shall pey, in full, prior to or al the time of Closing, any ass€ssmenl(s) allowed by the public body lo be prepail. For any assessmen(s) which lhe public body does not allow prepayment, oPTloN (a) shall be deemed selected for such assessment(s). IF NEITHER BOX IS CHECKED, THEN OPTION (8) SHALL BE OEEMEO SELECTED. This Paragraph 9(f) shall not epply to a special benefit tax lien imposed by a community development districi (CDD) pursuant to Chapter 190, F.S., or special assessrnont(s) imposed by a spscial dlstrict pursuant to Chapter 189, F.S., which lien(s) or assessrnent(s) shall be prorated pursuanl to STA\IDARD K. DISCLOSURES tO. DISCLOSURES: (a) RAOON GAS: Radon is a naturally occuning radioactive gas lhat, when it is accumulated in a buikling in suffioient quantities, may Eesent health risks to persons who are exposed to it over time. Leveb of radon ihal exceed federal and state guidelines have been found in buildings in Florila. Additional intormation regarding radon and radon lesting may be obtaind from your county heallh depadment. (b) PERMITS DISCLqSURE: Except as may have been disclosed by Sellerto Buyer in a written disclosure, Seller does nol know of any improvemenls made lo the Property which were made withoul required permils or made pursuant to permits which hav€ not been properly closed or olherwise dbposed of Flrsuant to Section 553.79, F.S. ll Seller k entifies permits whk,l have not been closed or improvements which were not permifted, then Sellershall promptly deliverto Buyerallplans, written documenlalion orother information in Sellerb possession, knowledge, or control rolating lo irprovernents to the Properly which are the subiect of such open pormits oi unpermitted improvernents. (c) MOLD: Mold is naturally occuning end may cause health risks or damage to property. lf Buyer is concemed ordesires edditional information regatding mold, Buyer should contacl en apprcpriate professional. (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by ele\ration cedificale which flood zone the Prope y is in, whether flood insurance is required by Buyeis lender, and whal restric{ions afply io impmving the Property and rebuilding in the event of casualty. lf Property is in a'special rtooo nazard Area' DCH v7723 0 2023 Fl●●●R柵 11:The F!onda 3ar Ar tthtSださ曽:畠 In"IB:S July 18,2023 (,..hop i8n .!rc vtrrli in 221 22"224 225・笏 22ア 221 22● 230 20' 232 233 234 235 211 237 211 200 240 241 242 243 244 245 246 247 2“ 240 250 251 252 253 254 255 250 257 258 25, 200 201・ 202 203 204 205 21● 2●7201 200 270 271 272 2'3 274 or・ Coastal Batter Resou“es Act"deslgnated area or othen"Ise protected area ldenlled by the u s Fish and Ⅷld“fe Sen"ce undo「the Coastal BalTた「Resources Act and the lowestloor el●vation forthe building(s)and10r n∞d insurance ratng purposes is below mininwm lood elevatlon oris inellgible fo「lood insurance coverage throughtheNationalFloodlnsuranceprogramorprlvateloodinsuranceasdeinedin42USC s4012a,3uyer may terrninate thに Comraa by dd市 e“ng wttten ootice lo Sabr wnhh 7(rに n uank,珈 en 20)dayS ater EfFedive Dale,and Buyer sha∥be remnded the Deposn thereby releas:ng Buyer and seller iom al:further ob:OatiOns under this Contract` fa∥ing which Buyer accepts existing eievation of bu∥dings and lood 20ne deslgnation of Property (e)ENERCY BROCHURE:Buyer acknowiedges receipt of Flonda Energy‐Ettciency Rol■9 1nfOmation Brochure required by Section 553 996,FS (D LEAD‐BASED PAINI:lf Property includes pre‐1 978 resldential housing,a lead‐based paint disclosure ls mandatory (g)HOMEOWNERS'ASSOC:A￢ON′COMMUN:Tγ D:SCLOSuRE:BUYER SHOuLD NOT EXECuTE￢HISCONTRACT UN￢L BUVER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOC:A■ONrCOMMuNITγ D:SCLOSURE,:F APPttCABLE. (h)PROPERTY TAX D:SCLOSURE SUMMARY:BUYER SHOULD NOT RELY ON THE SELLER'S CURRENTPROPERTY TAXES AS THE AMOUNT OF PROPERIY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE A CHANGE OF OmERSH:P OR PROPERTY IMPROVEMENIS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COuLD RESULTIN HIGHERPROPERTY TAXES IF YOU HAVE ANY QUEST:ONS CONCERNING VALUAT10N, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFiCE FORINFORMAT10N (D FOREIGN:NVESTMENT:N REAL PROPERTY TAX ACT`“FIRPTA''):Se∥er sha∥infonm Buyer in wtting lf 淵1臆 ]肥品晰 fittr鼎 i:li留鶴 1躍階11脇 =巫」Ъ鋼瀾:朧ャ:当]is not a・ forelgn personi Se∥er Can pro哺 de Buyer,at or p“ortO cIOsing,a cenilcatiOn of nor「forelgn status, under penanies Of peづ ury,tO inbrln Buyer and C!osing Agentthat no wnhholding is required See STANDARD v fOr rurther inforrTlation peltainlng to FIRPTA Buyer and Se∥e「are advlsed to seek:e9al counsel and tax aduce regarding their respective ights,Obl●aJOns,reporting and w"hholding requirements pursuant to FIRPTA o)SELLER DiSCLOSuRE:Seller knows of no facts matena∥ソaffecting the value ofthe Real Propery whlch are not readily observable and which have not been dも closed to Buyer Except as provtted forin the preceding 露:∥l:ll翼鴇ξ柵 :』鳴lmllllょ :T:R濯認:騎 1:1路隠鼎乳留:躙絆路i愕電ぶ has received no w"ten o「vettal notice from any 9overnmental entty or agency as to a curently unc。「rettd building,enMronmental or safety code vbla“on PROPERTY MA:NTENANCE,COND:T10N,:NSPECT10NS AND EXAM:NAT:ONS ll.PROPERTY MA:NTENANCE:Except for ordinary wear and tear and casuany Loss,Seler sha∥ 「哺intain the Property,includ:ng,but noi hmted io,lawn,shnJbbery,and poo:,in the∞ndniOn exlsing as of Effettve Date(“AS !S Maintenance Requrement')See Paragraph 9(a)fOr eSCrOw procedures,r applicable 12 PROPERTY:NSPECi10N;R:GHT TO CANCEL: (a)PROPER7γ rrSPEC7701VS AND RIC″r ro cД jvcEL:3●yer s″a″力ave 10 “ Flen bla"名 frle"ィ 5J 鸞酪鶯難肺聯堀鰍鵬鵬瞥拙 =脩篤 =l鮭 8mttЪ ″流F‰織鶏ζ駕眈μ鰍む COFa"Ct r10weve4 8oyer srla″be ttpons″メe rb′ 灘謂揚晨留脚詩靭 =、 and B.yer shfr‰郷躙甜飢洲昴んと″躙 v“。"…赤柵 ‰師ma 8ar川向“織 W郎」uly'8 2023 do(loop Ctri.t6. Y.r(k{qr: 275 27● 277 27● 271 280 201 282 233 2“ 285 200 287 238 280 200 201 202 200 204 2●521● 21ア 200 299 3●● ●●1302 303 3●4●●5311 1●7300 3●|310 311 312 3:3 314 315 0,6 117 118 310 320 32, 322 323 324 325 026 127 ●20 32● 33● (bl WALK‐THROuGH:NSPECTЮ NRE‐INSPEC■ON:On the day plorto Closing Date,or on Closing Date plor tO mme Of ciosing,as specined by Buyor,8uyer or Buyer's representattve rlay perforrn a walk through(and fo∥ow‐up walkthrough,r necessary)inspeCtOn of he P"peny solely to connrrn that a∥籠efrls of Personal Property are on the property and to ven″that seller has maintained the propery as requ:red by the AS!S Maintenance Requirement and has met a∥other contractual oblむ atlonS (o SELER ASSiSTANCE AND COOPERA■ON:N CLOSE‐OUT OF BU:LDiNC PERM:TS:lf Buyers inspedion ofthe PЮ peny dentifles open or needed building permに ,then Se∥er shal:prompty de∥verto Buyer a∥plans, wntten documentation or other infonFtat10n in Se∥er.s possession. knowledge, or contЮ l relating tO improvements to the Propeny which are the sublecl of such open o「needed perrnに ,and sha∥promptけ ∞operate in good fanh wnh Buyer's erOrts to obtain estirrlates of repairs or other work necessary to resolve such permRissues Se∥ers Obllgatlon to∞operate sha∥include Se∥ers exnt10n of necessary author12atiOns, conserlts,o「other documents necessary for Buye「to conductinspedions and have estimates of such repairs orwork prepared,but in fu1111ing such ob∥gatlon,Seller sha∥nct be required to expend,or become obligated to expend,any money “ )ASS:GNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRAN￢ES:At Buyers optiOn and ∞st,Seller w∥,at Closing,assbn a∥aSSignable repar、treatment and maintenance contrads and warrantわs tc 8uyer ESCROW ACENT AND BROKER 13.ESCROW AGENT:Any CIosing Agent O「Escrow Agent(CO∥edive:y・ AgentD recei■ng the Deposl,othe「funds and other nems ls authotted,and agrees by a∝eptance ofthem.to deposn them promptly,hold same in escrow wnhin the state of Flonda and,subleclto Co∥ection,disburse them in accclrdance wに h terlns and∞ndltlons of thも Contract Fa∥ure offunds to become Co∥ected sha∥not excuse 8uyer's perfornlance tVhen conlicting demands forthe DepOsn are recelved,or Agent has a gOod fath doutt as to entklementto the DepOsl,Agent maytake such actions perrnmed by this Paragraph 1 3,as Agent deerls adttable lfin doubl as to Agentt duties or∥abi1lies underthis Contracl,Agent may,at Agent's option,con∥nue to hold the sublea mamer ofthe escrow unt∥the parties agree to its disbursement or unIl a inaliudoment ofa∞ur of cOmpetentiurISdidion sha∥determine the∥ghts of the parties,or Agent may deposn same wtth the clerk ofthe crcun cOurt ha●ng junsdictiOn of the dlspute An anOmey who represents a pany and also acts as Agent rrlay represent such pany in such actlon upon notifying a∥ partles concemed of such action, a∥ llabi:ny on the part of Agent sha∥ fu∥y terrninate, excepl to the extent of a∝ounting rOr any neF71S prevlously de:ivered out of escrclw r a∥censed real estate broker.Agent w∥∞mply w■hprovlsions of Chapter 475,FS,as amended and FREC rules:o tlme:y resolve escrow disputes throu9h mediation, arblration,inte■Dleader or an escrow dlsburserrlent order ln any proceeding bemeen Buyerand Se∥erwhereinAgentismadeapattbecauseofadingasAgenthereunder, orin any proceeding where A9entinterpleads the sublect mater ofthe escrow,Agent Sha∥re∞ver reasonable atomey's fees and costs incurred`to be pald pursuantto court order out ofthe escrowed funds or equivalent Agent sha∥not be∥able to any party or person for mis‐delivery of any escrowed nerls,unless such mた ‐delivery is due to Agent's wl:1仙 l breach oFthも Contract or Agent's grrlss neg∥gence Thls Pam9raph 13 sha∥suMve Ciosing o「 terrninatlon ofthis Contrad 14.PROFESS:ONAL ADViCE:BROKER LiAB:L:Tγ :Broker adlも es B●yer and Se∥er to venfy Property condnion, square footage,and a∥other facts and representations made pursuant to this Contract and to consun apprOpnate professlonab for legaL tax,en宙 ronmeniaL and other specla12ed adVice∞nceming ma■ers affeding the Prope● and the transadion∞ntemplated by this Contract Broker represents to Buyer that Broker does not reslde on the Property and that a∥representa∥ons(oral,Wntten o「othen″ise)by Broker are based on Se∥er representations o「 pub“c records BUYER AGREES TO RELY SOLELY ON SELLER,pROFESS:ONAL:NSPECTORS ANDGOVERNMENTAL ACENCiES FOR VER:F:CAT10N OF PROPERTY COND:T10N,SQUARE F00TAGE AND FACrS T「lAT MATER:ALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTAT:ONS iORAL,WRI:lLN OR OIHERWiSE)OF BROKER.Buyer and Se∥er ondiヽ個ua∥y,the■ndemnifying Party")each individual:y indemnines, hOlds harlniess, and releases Broker and Brokers Orlceヽ , directors, agents and employees from a∥∥ab∥∥りfor loSS Or darrlage,including a∥cosls and expenses,and reasonable atorney's fees at a!l levels,surered Orincu“ed by 8roker and BЮ kers omcers,directors,agents and employees ln connectlon"th or ansing from dairls,derlands or causes of adbn instnuted by Buyer or Se∥er based onl o inaCCuracy of inforrnatlon prouded by the lndemnifying Party or from public records:oo indemniけ ing Pa●'S miSStatement(s)o「 ra∥ure to perfom contractual obllga籠 onsi(i)BrOker.s perforrnance,at lndemnlfying Paty's request,oF any task beyond the s∞pe of senた es "gulated by Chapler 475, FS, as amended, including Brokers referaL recomrlendation or retentlon of any vendor for,。「On behalf or.:ndemnifying PartyI(lvl produCtS。「seMcesprovlded by any such vendor br,or on behalf of.indemni,ing Party:and oり expenSes incured by any such vendor “ 学Page 6 o'13 sdLrs in“lals Al ng“resemd躙眩漁 Rev 7′23●2023 Flonda Rea"orsO alld The Flonda 3●「」uly 18,2023 dorioop gBn&urc vari{krrion: 331 332 333 334 335 330 337 338 339 340 x1'l 312 343 t11 34t s10 317 348 319 350 35't 352 354 355 356 353 350 360 t61 362 363 s64 345 366 347 368 36s 370 371 372 373 374 375 378 315 300 382 3a3 384 385 Buyer and S€ller each assumes full responsibility for selecling and conpensaling their respeciive \rendoni and paying theirolher costs underthis Conlrad whether or not thb lransadion closes. This Paragraph 14 willnot relie!€ Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, Broker will be treated as a party lo this Contract. This Paragraph 14 shall suMve Closing orterminalion of this Cor ract. OEFAULT AND DISPUTE RESOLUNON 15. DEFAULT: (e) BUYER OEFAULT: lf Buyer Ieils, neglecls or refuses to perform Buyer's obligations under this Contracl, lncluding payment of the Deposil, within the time(s) specified, Seller may eleci lo recover and reiain the Deposit for the account of Seller as agreed upon liquiiated damages, consideralion for executbn of this Contract, and in lull settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligslions under thb Contrac{, or Seller, at Sellefs oplion, nEy, pursuant to Paragraph 16, proceed in equity to enforco Sellefs rights under this contracl. The portion of the Deposit, if any, paid lo Listing Broker upon default by Buyer, shal be split equally between Lisding Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be greaterlhan lhe commission amount Listing Broker had agreed to pay to Cooperating Broker. (b) SELLER DEFAULT: lf for any raason other than failure of Seller lo make Seller's tille markatable aner reasonsble diligent etrort, Seller fails, neglects or refuses to perlorm Seller's oHigations under this Contrac.t, Buyer may elecl to receive return ot Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, and, pucuant to Paragraph 16, may seek to recover such damages or seek specific pedormance. This Paragraph'15 shall survive Closing orterminalion oflhis contract. 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other metters in question between Buyer and Seller arising out ol or relating to, this Contract or its breach, enforcemenl or interpretation ('Dispute) will be seitled es follows: (a) Buyerand Seller will ha\re 10 days afierthe date coniicting demands forlhe Deposii are made to attempl to resolve such Dispule, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph r5(b). (b) Buyer and Seller shall atlempl to settle Oisputes in an amicable manner through medialion puBuant to Florila Rules for Certified ard Court-Appoinled Medialors and Chapter 44, F.S., as arnended (the "Mediation Rules'). The mediator must be certified or must have experience in the real estate industry. lnjuncti\re relief may be sought without first complying with this Paragraph 16(b). Disputes not settled puIsUanl to lhis Paragraph 16 may be resolved by instituting action in the appropriate court having jurisdiciion of the matter. This Paragraph 16 shall survive Closing or termination of this Gontrac{. 17. ATTORNEY'S FEES; COSTS: The parlies will split egually any mediation fee incuned in any mediation permitted by this Conlaact, and each party will pey their owfl costs, expenses and fees, including attomey's fees, incuned in conducting lhe medialion. ln any liligation permitled by lhis Contracl, the prevailing parly shall be entitled to recov€r from the non-prevailing parly costs and fees, including reasonable attorney's fees, incuned in conducting the litoation. This Parsgreph 17 shall survi\€ Closing or termination of this Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS') 1E. STANDARDS: A. TITLE: (D TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; UMITATIONS: Wrthin lhe time period provided in Paragraph 9(c), the Title Cornrnitment, wlth legible coples of instrumenls listed as excepiions attached thereto, shall be issued and delivered to Buyer. The Title Commitment shall set forth thos€ matters to be dbcharged by Seller at or before Closing and shal! provide that, upon recording of the deed lo Buyer, an owner's policy of title insurance in the amount ofthe Purchase Price, shall be issued to Buyer insuring Buyer's markelable title to the Real Property, subject only to lhe following mstters: (a) comprehensive land use plans, zoning, and olher land use reslriclions, prohibitions and requirements imposed by govemmental authority; (b) reslriclions and rnatters appearing on lhe Plat or otherwise common lo the subdivision; (c) outstanding oil, gas and mineral rirhls ot record without right of entry; (d) unplatled public uillily easernents of record (located contiguous to real property lines and not more than '10 feet in wijth as to rear or fronl lines and 7 1D Ieel in rvidth as lo side lines); (e) taxes for year of Closino and subsequent years; 8nd (D assumed nprtgages and purchase money mortgages, if any (if additional ilems, auacfi a&endum): provided, lhat, none prevent use of Properly for RESIDENTIAL PURPoSES lf there exists 8t closing any violation ot ilems identilied in (b) - (f) above, then the same shall be deemed a title defect. Marketable tille shail be delermined according lo applicable Title Standards adopted by authority of The Floride Bar and in accordance with law. ,723 0 2023 Floma R:晶田li∫:1:The Fionda B。「 DCH Setrer! lniiats All rigtns reserwd. July 18,2023 do&or rgndrrcvcrfk Oo 386 3E7 $a 3ta 390 3er 3e2 393 304 3e5 396 307 196 390 a00 aol 102 ao3 ao4 ao5 406 47 {00 aoc at0 4fi at2 t13 al1 tr5 at8 4tt atE ate 420 a2l 122 127 a21 125 a28 12f 124 429 430 a3t a32 a33 431 435 a3c 437 436 a30 a,t0 all STANDARTXI FOR REAL ESTATE TRANSACTIONS ('STANDARDS') CONTINUEO (iD TITLE EXAMINATION: Buyer shall ha\.e 5 days afler receipl of Title Commitmenl io examino it and notiry Selbr in writing specirying defecl(s), if any, lhal render tiile unmarkelable. lf Seller provides Tille Commitrnent and it is deliv€red to Buyer l6ss lhan 5 days prior to Closino Date, Buyer may extend Closing for up to 5 days after date of ,eceipt to exemine sarlle in accordance with this STANoARO A. Seller shall have 30 days Ccure Period') after receipt of Buyer's notic€ to take reasonable diligenl efiotts to remove debds. lf Buyer fails to so noltfy Sell€r, Buyer shall be deemed to hav€ accspted titl€ as it then is. lf Seller cures delecrs within Cure Perbd, S€ller will deliver writlen notice lo Euyer (with proof of cure acceptable to Buyer and Buyeas attomey) and the parties will dose this Conlracl on Closing Date (or if Closing Dale has passed, within 10 days after Buyer's receipt of Sellefs notice). ll Seller is unable to cure defsds wilhin Curs Period, then Buyer may, wiihin 5 days aner expiration of Cure Perlod, deliverwritten notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days witnin which Seller shall continue to use reasonable dililent effort lo rernove or cure the defects ('Exlended Cure Period'); or (b) electing lo accepl litle wilh exisling defects snd close this Contracl on Ctosing Oate (or if Closing Oato has passed, within lhe earlier of 10 days afler end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and receive a retund of the Deposit, thereby releasing Buyer and Seller trom all furlher obligalions underthis Contract. lf afler reasonable diligenl etrort, Seller is unabE lo limely cure defects, and Buyer does not v'raive the defects, thls Conlract shall tenninate, and Buyer shall receive a refund of tho D€posit, thereby releesing Buyer 8nd Seller ftom all further obligatbns under this Contreci. B. SURVEY: lf Sun€y discloses encroachmenls on the Real Property or lhal improvements located lhereon ensoach on setback lines, easements, or lands of others, or violate any restrici.ions, covenanls, or applicable governmental regulations describ€d in STANDARD A (ixa), (b) or (d) above, Buyer shall deliver wrilten notice of such matters, logether with a copy of Survey, to Seller within 5 days aier Buyer's receipt of Su^,Ey, but no laler lhan Closing, lf Buyer tirnely delivers such notice and Survey to S6ller, such ,natters identified in the nolice and Survey shall conslilute e title defect, subject to cure obligations of STANDARD A above. lf Seller has delivercd a prior suNey, Seller shall, at Buyer's request, execute en afiidavit of "no change" to the Real Property since the preparation of such prior suryey, to the extent the afiirmations therein are true and correct. C. INGRESS AND EGRESS: Seller represents thal lhere ls ingress and egress to lhe Real Property and lille to the Real Property is insurable in accordance with STANDARD A without exc€ption for lack of l6gal right of access. D. LEASE INFORMAT1ON: Seller shall, et least 10 days prior to Closing, fumish to Buye. estoppel letters from tenant(s)/occupanl(s) specifying nature and durelion of occupancy, rental rates, ad,/anced rent and security deposG pald by tenanl(s) or occupan(s)CEstoppel Lette(s)"). It Seller is unable to obtain such Estoppel Letle(s) lhe serne information shsll b€ tumished by Seller lo Buyer wiihin that time period in the form of a Selleis affUavit and Buyer may lhereafler contact tenant(s) or occupant(s) lo conlirm such inbrmalion. lf Estoppel LetterG) or Seller's aflidavfl, if any, difler mat8rially trom Seller's represenlalions and lease(s) provided pursuant to Paragrsph 6, or if tenant(s)/occupanl(s) fail or retuso to confirm Selleas aflidavit, Buyer may deliver written notice to Sollsr within 5 days after feceipt ot such information, but no later than 5 days prior to Closrng Date, temfnating this Contracl and receive a refund ofthe Deposit, lhereby releasing Buyer afld Seller from all further obligalions under this Contracl. S€ller shall, at Closing, delivEr and assign all leases to Buyerwho shall assume Selleds oHigations thereunder. E. LIENS: Seller shall tumish to Buyer at Closing an afFrdavil attesting (i) to lhe absence of any financing statement, clalms of lien or potenlial lienors known to Seller and (ii) thal there have been no improvenEnts or repairs t0 the Real Property for 90 days immediately precedinq Closing Dale. lf the Real Prope(y has been improved or repaired within thst time, Seller shall deliver releeses or wai\€rs of conslruction liens execuled by all general cont6ciors, subcontraclols, suppliers and materielmen in addition to Seller's lien affidavit setting forth names of all such general conlractors, subcontraclors, suppliers and materialmen, further affirming thal all charges for impro\rements or repairs which could serve as a basis for a construslion lien or a claim for darneges have been paid or will be paij al Closing. F. TIME: Time ls ot the essence ln this Contracl. Calendar days, based on where the Properly is locatod, shall be used in compuiing tirne periods. Other lhan tirne for acceplanc€ and Etrestive Oate as set brlh in paragraph 3, any time periods provired for or dates specifed in this Contract, whether preprinted, handwritten, typetr/ritten or inserted herein, which shall end or occur on a Saturday, Sunday, national legal public holilay (as derined in 5 U.S.C. Sec. 6f03(8), or a day on which a national legal public holiday is obsorvad because it fett on a Saturday or Sunday, shall extend lo the next calendar day $rhich is nol a Saturday, Sunday, national legal public holiday, 6r a day on which a national legal public holiday is observed. G. F_ORCE MAJEURE; Buyer or S€llershall not be required lo exercise or perform any right or obtigetion under lhis Contrael or b€ liable lo each other for damages so long as performance or non-performance oithe r6ht or obligation, or the availability ofservices, insurance, or required approvals essentialto Closing, is disrupted, delayed, DCHSelerl hiliats All dglis lesenEd.R:1説潔』認 7723●2023 Fb出 ●R二 l議島」∬The Flond●8ar JUty 18.2023 do&op C8rrrr{!}Ertf a.dorr 442 443 444 445 440 447 448 44● 450 451 452 453 414 453 450 457 `50450 400 “1402 463 46` 485 400 467 438 409 470 471 472 4ア3 474 475 476 477 478 47● 480 481 402 403 434 465 43● 437 488 400 410 401 412 403 494 405 41● 4●7411 STANDARDS FOR REAL ESTATE TRANSACT:ONS{“STANDARDS'')CON■NUED caused or prevented by a Force Maleure event・ Force Maleure"means:humcanes,100ds,extreme weather, earthquakes,lres,o「other aas of COd,unusualtral"ponatOn delays,wars,insunedions,dMl unrest,or aas of teronsm,9ovemalenta!actions and rIIandates,govemment shut downs,epidettcs,or“ndemics,which,by exercise ofreasonabie d∥lgent effort,the non‐perfonning party t unable in whoie orin partto prevent or overcome The Force Maeure event w∥be deemed to have be9un on the nrst day the ettct ofthe Force Mtteure prevents perfonnance,non‐perfornance,or the availabllity of senlices,insurance or required appFOValS essentialto closing A∥∥me penods affeded by the Force Maeure event,induding closing Date,wi∥be extended a reasonab:e time upto7daysaltertheForceMaleureeventnolongerpreventsperformanceunderthisContractiprovlded,however, r such Fo“e Mtteure eVent∞nlnues to prevent perforrnance under this Contrad more than 30 days beyond C!osing Date,then elher party may terninate thL Contract by de∥vettng wntten nolice to the other and the Deposn sha∥be refunded to Buyer,thereby releasing 8uyer and Se∥erfrom a∥further obllgalons underthis contrad H. CONVEYANCE:Seller sha∥convey rrlarketable“∥e to the Real Property by statutory warranty,trustee's, personal representa∥ve's.o「guardian's deed,as appropnate tO the stalus of Seller,subled only to matters descrlbed in STANDARD A and those accepted by Buyer personal Property sha∥, at request of Buyer.be transfered by absolute bⅢ of sale wnh warranty ofttle,sublect only to such rlaters as lvlay be protted forin thに Contract :. CLOSING LOCA■ON;00CUMENTS:AND PROCEDURE: o LOCAT:ON:Closing w∥l be∞nducted by the attomey or other closing agent(・ C10S ng Agelln designated by the party payi,19 fOrthe owner's po∥cy oftnle insurance and wi∥take place in the county where the Rea:Property is located atthe o価 oe ofthe CIosing Agent,or at such other location agreed to by the parties lfthere ls no ttle insurance,Se∥er w∥desunate closing Agent Ciosing rlay be∞nducted by ma∥,overnight∞uner,Or e!ectronに means (o CLOS:NG DOCUMENTS:Seller sha∥at or p轟 orto Closing.execute and de∥ver,as applicable,deedi b∥of salei cenlrcate(S)。ftlle o「other documents necessary to transferinle tO the Propelty,∞nstruction∥en afFdai(s). owner.s possession and no nen attda颯 (s),and asslgnment(s)。fleaSes se∥er shar prOvide Buyer with pald receipts for a∥work done on the Property pursuantto this Contract Buyer sha∥furnish and pay for,as appl餞 ble, the sunЮ y,lood elevation certincatiOn,and dOcuments required by Buyers l●71der (面 )FinCEN GTO REPOR￢NG OBLlGAT10N r Closing Agent is required to comply wnh a u s Treasury Departmentも Financia!Cnmes Enforcement Network(・ FinCEN")Geographic Targeun9 order(・ GTOり ,then 8uyer sha∥ provide C:osing Agent wlh essential inforlnation and docurlentation relaled to Buyer and ns Benencial Owners, including photo identincat10nt and related to the transadion contemplated by this contrad which are required to complete mndatory reporting, including the Curencソ Transaction RepOrti and Buyer consents t● C!osing Agent's∞∥ection and repon of sald information to lRS. oつ PROCEDURE:The deed sha∥be re∞rded upon Colledion of an closing funds l the lmle Commnment prottes insurance against adverse matters pursuantto Sedion 627 7841,FS,as arllended,the escmw closing procedure required by sTANDARD J sha∥be waived,and Closing Agentsha∥,subject to Collection of a∥c:osing runds,disburse at Closing the brokerage fees to Broker and the net sale proceeds to Se∥er J. ESCROW CLOSiNC PROCEDURE:lf Tlle Commnmentlssued pursuantto Paragraph 9(o dOes not provlde for insurance against adverse maters as perlnnted under SectЮ n 627 7841,FS,as amended.the fo∥owing escrow and dosing procedures sha∥apply:(1)a∥CIoSing proceeds sha∥be held in escrow by the Closing Agent for a penod of not more than lo days ater Closingi(2)r Se∥ers tnie is rendered unrFnrketable,through no faun of Buyer,Buyer sha∥,wmin the lo day perlod,notlfy Se∥erin wnung ofthe dered and seller sha∥have 30 days from date ofreceipt Of such notttca“on to cure the derecti(3)r Seller faiに to umely cure the defectithe Deposl and a∥ Closing ttnds paid by Buyer sha∥, wnhin 5 days aner written demnd by Buyer, be refunded to Buyer and, simunaneOusly wnh such repayment,Buyer sha∥retum the Personal Property,vacate the Real Property and re‐ ∞nvey the Property to Se∥er by spedal warranty deed and b ll orsaleland 14)lf Buyer fa:sto make lmely demand for refund ofthe DepOsn.Buyer sha∥take t贄 le as is,wai前 ng a∥nghts against se∥er as to any intervening defect except as may be ava∥able to Buye「by virtue ofwarantles cclntained in the deed or bl∥of saleK. PRORA■ONS:CRED:TS:The following recuttng nems wlll be made curentぐ f apphcable)and prOrated as of the day priorto closing Date,or date of occupancy if occupancソ occurs befOre Closing Date:real estate taxes (inCluding special beneft tax assessrlents imposed by a CDD pursuantto Chapter 190,FS,and assessments imposed by speclal distlct(s)pursuant to chapler 189,FS),:nterest,bonds,associaJon fees,insurance,renls and other expenses Of Property Buyorsha∥havo optbn oftaking over elosting policies ofinsurance,if assumab:e, 甘翻讐 l肌脚冊 Y:∬:t驚醐蹴断肥瑞躙謂轟鵠出躙 vill be pald to se∥er Taxes sha∥be prorated based on curent yearstax if Closing occurs on a date when curent year's millage ls nol lxed but cttrrent year.s assessment 2年Sdtr.s in"l●:s A“的 hts tese～ “ 剛渇巖1:繁常liZi[l蒻雨葛戸頂.7″3●2023 FloH●R』l:Rも ‰FneFlormaBar 」uly 18.2023 dx,oop 4n*nc Y.rift{ixt 409 500 aor fi? 503 504 303 500 507 508 509 510 5t1 512 513 5t4 5r5 rra 5t7 518 5t9 520 52',i 522 523 524 525 526 527 52t 529 530 53r t32 533 534 s35 538 537 536 539 sl0 541 512 543 511 5{5 548 517 541 5.to 550 551 552 553 554 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANOARDS"I CONTINUED is available, laxes will be prorated based upon such assessrEnt and prior yeais millage. lf cunent yeafs assessmenl b not availabb, then taxes will be prorated on prior year's tax. lf there are corpleted improwrnenls on the Real Property by January 1sl of year of Closing, which improvements were nol in exislence on January 1.1 of prior year, then taxes shall b€ prorated based upon prior yeals millage and at an equilable assessmenl to be agreed upon belween the parties, failing which, request shall be made t0 the counly Propeny Appreiser for 8n informsl assessment takirE into account available exemptlons. ln all cases, due allowance shall be made for ihe maximum allorrable discounts and applicable horn€siead and olher exemptions. A tax proration basad on an estimate shall, st either party's request, be readjusted upon receipt of cunent year's tax bill. This STANDARD K shallsurvive Closing. L. ACCESS To PRoPERTY TO CONDUCT APPRAlsAl.s, INSPECTIONS, AND WALK-THRoUGH: Sellar shall, upon reasonable notice, provile utililies seMce and access to Properiy for appreisals and inspeclions, including a walk-through (or lollow-up walk-lhrough if necessary) prior to Closing. M. RISK OF LOSS: lf, 8fter Eflecli\re Dste, bul b€fore Closing, Property is damaged by fire or other casualty ('Casualty Loss) and cost of resloration (which shall include cost of prunirlg or rermMng damaged trees) does not exceed 1.5% of Purchsse Price, cosl of resloration shall be an obligation of Seller and Closing shall proceed pursuanl to terms of this Conlracl. lf restoration is not completed as of Closing, a sum equal lo 125% of esfimated cosl to complete restoration (not to exceed L50,6 of Purchase Price) will be escrowed at Closing. lf aclual cost of restoration exceeds escrowed amounl, Seller shall pay such ectual costs (but, not in exoess of L5% of Purchase Price). Any unused portion of escrowed amount shall be retumed to Seller. lf cost of restoralion exceeds 1.50/6 ot Purchase Price, Buyer shall elecl to either take Property 'as is" together with the 1.5% or receive a refund of the Deposit thereby releasing Buyer ard Sell€r from all further obligations under lhis Contract. Selbfs sole obligation with resped lo tree damage by casualty or other natural occunence shall be cost of pruning or removal. N.'1031 EXCHANGE: lf either Seller or Buyer wish to enter inlo a like-kind exchange (oither simultaneously with Closinq or deferred) under Section 1031 of the lnternal Revenue Code CExchange'), lhe other party shall cooperate in all reasonable respects lo effectuete the Exchange, including execution of documentsi provired, ho,\,vever, coopeftlting party shall incur no liability o. expense related to the Exchange, and Closing shall not be contingent upon, nor extended or delayed by, such Exchange. O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT EXECUTION: Neither thb Contract nor any notic, of it shall be recoded in any publrc or official records. This Conlract shall be binding on, and inure lo the benefd of, the parties and their respeclive heirs or successors in interest. Vvlenever lhe context permits, singular shall include plural and one gender shall include all- Nolics and doli\rery given by or to the attomey or broker (including such broker's real estate licensee) rBpresgnting any party shall be as effeclive as if given by or to that party. All notlces must be in writing and may only be made by mail, fac.simile transmission, personaldeli\rery or email. A facsimile or elecironic copy of this Contract and any signaiures hereon shall be consirered for all purposes as an original. This Conlract mey be executed by use of electrcnic sEnatures, as delermined by Florila's Eleclronic Signature Act and other applicable laws. P. INTEGRATION; MODIFICATION: This Conlracl contains the tull and complete uoderstanding and agreement of Buyer and Seller with respect to lhe lransac{ion contemplated by thb Conlract and no prior agre€rnents or representations shall be binding upon Buyer or Seller unless included in this Contract. No modifcation to or change in this Contracl shall be valkJ or binding upon Buyer or Seller unless in wriing and execuled by the parties intended to be bound by it. Q. WAIVER: Failure of Buyer or Seller to insist on compliance wath, or strict performan€ of, any provision of tiis Conlrect, or lo take edvantage of any rEht under this Contract, shall not constitule a waiver of other provisions or nShts. R. RIDERS; ADOENDA; TYPEWRITTEN OR HANDWRITTEI'I PROVISIONS: Riders, addenda, snd typewritten or handwritlen provisions shall conlrol all prinled provisions of this Contrad in conflicl with them.S. COLLECnON or COLLECTED: 'Colleclion" or "Collected' means any checks lendered or received, including DePosG, have becomo aciually and ,inally collected and deposited in the account of Escrow Agent or Closing Agent. Closing and disbursernent of funds and delivery of closing documents may be delayed by Closing Agenl until such errrunts have been Collec{ed in Closing Agent's accounts.T. RESERVED. U, APPUCABLE LAW AND VENUE: This Contract shsll be conslrued in accordance wilh the laws of the Stats of Florila and venue for resolution of all dispules, whelher by mediation, arbitration or litigalion, shall lie in tie county wheJe the Real Properly b located.v. FIRPTA TAx ullTHHoLolNG: lf a seller of U.S. real property is a 'foreign person'es defined by FlRpTA, Seclion 1445 ofthe lntemal Revenue Code Ccode) requires the buyer ofthe real property to withhold up to 15% of the emount realized by the seller on the transfer and remit the withheH amount to the lntemal Revenue Service DCH 記嗣繁 :!制 JiZill雇雨ぉ戸頂&7723●2023 Fttda R:詔鳳翼露:キ he Floma 8●「A“屯htsだ露露身 :ntblS July 18,2023 do.loop 4ite/ro vcrili..jolt ' 55A 557 55t 559 560 56t 92 563 564 545 5€O *7 6a8 56e 570 571 572 573 574 575 570 577 570 510 500 581 563 584 585 586 5€7 5€9 STANDARTXI FOR REAL ESTATE TRANSACTIONS ('STANDARDS") CONNNUED (lRS) unless an e)(emption to the required withholding applies or lhe seller has obtained e Vwhholding Certificate from lhe IRS authorizing a reduced amount of withhotsing. (i) No withholding b required under Seclion 1445 of lhe Code if the Seller b not s 'foreign person'. Seller can provlre proof 0f non-fot€ion stetus to Euyer by delivery of written certifcation signed under penalties ot perjury, stafing that Seller is not a foreion person and conleining Sellels name, U.S. taxpayer Hentification number and home address (or ofice sddress, in the case of an eniity), as provided tor in 26 CFR 1 .1445-2(b). Othsr lse, Buyer shallwithhold the applicable percentage of lhe amount realized by Seller on lhe transferand timely r€mitsaid funds lo the lRS. (iD lf Seller is a toreign person and has received a Wthholding Cerliricate from the lRSwhich provides for reduced or eliminated withholding in this transaction and provides same to Buyer by Closing, then Buyer shall wilhhold the reduced sum required, if any, and limely remit sail funds to the lRS. (iii) lf priorto Closing Sellerhas submitted I conpleted application to the IRS for a Vvithholding Certiflcate and has provired to Buyer th6 notice required by 26 CFR 1.1445-1(c) (2X|XB) but no Wthholding Certificate has been receiv€d as ofclosing, Buyershall, at closing, withhold the applicable percentage of the amount reatized by seller on the transfer end, et Buyer's option, either (e) timely remit lhe withheld funds to the IRS or (b) place the tunds in escrow, al Seller's exp€nse, with an escrow agenl selected by Buyer aM pursuanl lo terms negollaled by the parlies, to be subsequently disbursod in accordance wllh the \Mdhhotsing Cerlificate bsued by th6 IRS or remitled directly to the IRS iflhe Sellefs application is reiected or upon terms set forth in lhe escrory agreement. (iv) ln the event the net proceeds du€ Seller are not sufficient to meet the withholding requirernern(s) in this transaction, Seller shall deliver to Buyer, at Closing, the additbnal Collected funds necessary io satisfy the applicsble requirement and thereafler Buyer shall timely remit sakl funds to the IRS or escrcw the funds lor dsbursernenl in accordance with the final determinaiion of the lRS, as applicable. (v) Upon remitling funds to lhe IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS FonrE 8288 and 8288.4, as filed. W. RESERVEO X. BUYER WAIVER OF CI-AIMS: To lhe extent permitted by law, Buyel waives any claims agalnsf Serrer and agalnst any real eslale licensee lnvolved in lhe negotlallon ol thls Conhact lor any damage or Hec'ts perfa,lnlng to the phystcal condltion ot the Proryrty that may erb, at Crasrag d Utls Cofiract and be suhsequenuy discoyercd by the BulEf or enyone claiming by, through, undet o, against ihe Buyer. Trris provlsion cloes noa teriev€ Serrerb abligalion to comply wi,, Paragraph I 0(i). This Standad X shal! survlve Clostng, ADDENDA AND ADDITIONAL TERMS 19. ADDENDA: The following additional tenns are included in the attached addenda or riders and incorporated into this Contra6t (Check if applicable): E A. Condominium Rider E B. Homeowners' Assn. E C. Seller Finsncing E D. Mortgage nssumplion E E. FHA./VA Financing E F. Appraisal Contingencf E G. Shorl Sale D H. Homeowners/Flood lns. E I. RESERVED E J. lnterest-Be a ring Acct tr K, RESERVED E] L. RESERVED EM. trN. tro. trP, tro. trR. trs.trr. tru. trv.trw. Defective Drywall E X. Kick-out Clause Coaslal Construdion Control E Y. Sellels Anomey ApprovalLine E Z. Buyer's Auomey Approvat lnsulalion Disclosure E AA. Licensee Property lnter€st Lead Paint Disclosure (Pre-l978) E BB. Binding Arbitration Housing for Older Persons E CC. Mierri-Dade CounlyRezoning SpecialTaxing Districl Lease Purchase/ Lease Option oisctosure Pre.Closing Occupancy Post-Closing Occupancy Sale of Buyer's Property Back-up Contract λリ El DD. Seasonawacation Rentals El EE. PACE Disclosure I Ohef:Li"n R*o.s* s.!b,"oon 糀鋼祗聰 … ″302023恥品R躙 ‰ma8●rAlttsttms July 18,2023 51●★ 20.ADD:■ONAL TERMS: 591 808 Boer D Seller cour srs Buye/s otrer. COUNTEROFFER rThe remainder ofthis page is intentiona∥y left b:ank. This Contract continues with ttne 612 on Page 13 of131 蘊冬蘇蒔酪″"2023F“鍬躙 ‰Floma8ar All10mSttm眺 ―型」uly 18.2023 “ 00p―etl_ TH:S:S iNTENDED TO BE A LECALLY B:ND:NG CONTRACT.:F NOT FULLY UNDERST00D,SEEK THE ADVICE OF AN Aπ ORNEY PR:OR TO S:GN:NG. TH:S FORM HAS BEEN APPROVED BY THE FLOR:DA REALTORS AND THE FLORIDA BAR. ハpp●′a′or"たゎ″"lyめ e Fronda RealrOrs and tte Ff●nda 8ar does nor cOnsrrrre arl●prnわ ″rrlar ary οrゎ。 rer″,sa"d●●●drrl●●s lll綺おConh“s力 o●rd●e aocered by tte parlesゎ a parた υtr“ “ saoOo, 7-s and condlac,ss′Юttd be rleg●●ared based upoa tte respmveゎ Feresrs′岬 M,Saだ barga″ルリp●Jゎ "SO「a″ lnferesred persOns AN ASTER!SK(つ FOLLOVⅥNG A LINE NUMBER:N THE MARG:N INDICATES THE LINE CONTA:NS A BLANK 70 8E COMPLETED A::LNT10N:SELLER AND BUYER CONVEYANCES TO FORE:GN BUYERS:Part∥l of Chapter 692,Sections 692 201‐692205,F:o∥da Statules, 2023ぐ heりヽCt・ ),in part,limns and regulates the sale,purchase and ownership Of cenain F!olda properties by certain buyers who are associated wnh a“fOreign country ofconcem・ ,narlelyllhe people's Republic of chin3.the Russlan Federatbn,the lslamic Republic of iran,the Den“)crauc PeOple's Repub∥c of Korea,the Republic of Cuba,the Venezue!an regime of Nicobs Maduro,orthe Sy「ian Arab Republic ltis a crime to buy o『knowing:y se∥property in vio:ation ofthe Act. At tirne of purchase,B●yer must provide a signed Attdavit which cornplies with the requiremems of the Act.Serer and Buyer are advlsed to seek legal counsel regarding their respecLve ob∥gations and liabimies under the Act 028 329 o30 03r ' 632r 033i 63a* 635 63Ar 637* 03€ t 039 0,10 al4 r c12 643 Ea4 6a5 r 046 047r 64E Buyer: Buyer: Seller: Seller: 07′182023Dale: Dale: Date: Jutv 18.2023 Oate: Se∥er's address fo「purposes of notice 摯 N Merd an Sreet suile 350 mdanapolに IN 46290 BROKER: Listing and Cooperating Brokers, if any, named below (colledively, 'Brokef). are the only Brokers enlitled lo compensation in conneclion with this Contract. lnstruction to Closing Agent: Seller and Buyer diresl Closing Agent to disburse at Closing the full amounl of the brokerage fees as specilied in separate brokersge agreements with the parties and cooperative agreements between lhe Brokers, except to the exlent Broker has retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensat,on made by Seller or Lbting Broker to Cooperating Brokers. Deborah Stramag io Leah Car「ol cooperating Sales Assoclatel r any ReanyOuestinc Listing Sales Assochte Cooperating Broler, lf any DC″ Buyer's address for purposes of notice 41 York ST 離電話』器 IZZilASS・ 6x Rev 7723●2023 Florkta R:l器』∥11恥 Flonda Bar A lnghtS籠漱 lntlals 」uy,8,2023 8ea∞nsfield.OC H9W4Ll do! oop srgn.Iure venlicanon Addendum to Contract Addendum No. 1 to the Contract with the Effective Date of First Merchants Bank July 20, 2023 between and Giuseppina Romano (Seller) (Buyer) concerning the property described as:7143 Marcorli cT (the "Contract"). Seller and Buyer make the following terms and conditlons part of the Contract: FL 34114 Notwithstanding anything to the contrary, Seller and Buyer acknowledge and agree upon the additional terms herein, which shall supersede and control over any terms to the contrary. There is an outstanding lien on the Property pursuant to Collier County Code Enforcement Case No. CEPM 20190007369, in the total amount of approximately $78,718.56 ("Lien"). Seller is in the process of applying for a lien reduction in an effort to reduce the amount needed to satisfy the Lien ("Application'), which Seller intends to pursue prior to the Closing Date. The Application is estimated to take approximately three months to fully process and implement, including obtaining a final decision on the Application from the Collier County Board of County Commissioners ("Board Decision") and obtaining a rccorded satisfaction or release of the Lien ("Recorded Satisfaction'). Therefore, in the event that Seller has not .eceived either a Board Decision or a Recorded Satisfaction pdor to the Closing Date, then Seller shall have and receive three (3) thirty{ay (30iay) options to extend the Closing Date, for a total of up to ninety (90) days from the original Closing Date, to 9/1512023. 1011512023, and 11/15/2023, respectively. ln addition, if, at the end of the ninety-day extension of the Closing Date (lo 1111512023), Seller has received a Board Decision but has not yet received a Recorded Satisfaction, then Seller shall have one (1) final thirty{ay (30nay) option to extend the Closing Date until 12l15l2O23lo ptovide sutficient time to obtain a Recorded Satisfaction. Seller shall use reasonable diligence in pursuing the Application and resolving the Lien, including promptly paying the amount that the Board determines to be owed as a result of Seller's Application. ln addition, Seller shall agree to a prompt Closing Date once it obtains a Recorded Satisfaction. The Parties shall cooperate to etfectuate the purpose of this addendum. Datel °7/1812023 ι≧ν々ダ C 〃慣ν、チ Date: July 18,2023 Date: 呻 ´勿れ ″ 蠍剥 Buyer: Seller: Seller: ACSP● Rev α17 Date: 0 2017 Flo「ldaヽ Realtorp dodoop srSnrture ver f (at onl Gomprehensive Rider to the Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIOA REALTORS AND THE FLORIDA BAR When initialed by all parties, the parties acknowledge that the disclosure set forth below was provided to Buyer prior to execution of the Florida Realtors/Florida Bar Residential Contract For Sale and Purchase between the parties and the clauses below will be incorporated therein: First Merchants Bank _(SELLER) Giuseppina Romano (BUYER) concerning the Property described as L HOMEOWNERS'ASSOC:AT:ON′COMMUN:TY D:SCLOJUttf 2023 PART A DiSCLOSURE SUMMARY :F THE DISCLOSURE SUMMARY REQUIRED BY SECT10N 720401, FLOR:DA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTⅣE PURCHASER BEFORE EXECUT:NG THIS CONTRACT FOR SALE, TH:S CONTRACTIS VO:DABLE BY BUYER BY DEL:VERING TO SELLER OR SELLER'S AGENT OR REPRESENTATⅣEWRITTEN NOT:CE OF THE BUYER'S :NTENT:ON TO CANCEL WITH:N 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PR:OR TO CLOSiNG,WHiCHEVER OCCURS FIRST ANY PURPORTED WAIVER OF TH:S VOIDAB:L:TY R:GHT HAS NO EFFECT BUYER'S RIGHT TO VO:D THIS CONTRACT SHALL TERM:NATE AT CLOS:NG BUYER SHOuLD NOT EXECUTE THIS CONTRACT UNT:L BUYER HAS RECE:VED AND READ TH:S DiSCLOSURE Disclosure Summary For Veronawalk (Name of Community) l AS A BUYER OF PROPERTY IN THIS COMMUNITγ ,YOU WILL BE OBLIGATED TO BE A MEMBER OF AHOMEOWNERS'ASSOCIAT10N(“ASSOCIAT10N・)THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS(“COVENANTS")GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITγ YOU VVLL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIAT10N ASSESSMENTS MAY BE SUB」ECTTO PER10DIC CHANGE IF APPLiCABLE,THE CURRENT AMOUNTIS$ 1,251 90 PER Quarler YOU VVILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIAT10N SUCH SPECIAL ASSESSMENTS MAY BE SUB」ECT TO CHANGE IF APPLICABLE,THE CURRENT AMOUNTIS S PERYOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPAL TY,COUNTY, OR SPECIAL DISTRICT ALL ASSESSMENTS ARE SU8」ECT TO PER10DIC CHANGEYOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS'ASSOCIAT10N COULD RESULTIN A LIEN ON YOUR PROPERTY THERE MAY BE AN OBLIGAT10N TO PAY RENT OR LAND USE FEES FOR RECREATiONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGAT10N OF MEMBERSHIPIN THE HOMEOWNERS'ASSOCIAT10NIF APPLICABLE,THE CURRENT AMOUNTIS S_ PER THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTiVE COVENANTS VVITHOuT THE APPROVAL OF THE ASSOCIAT10N MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE,AND,AS APROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIAT10N GOVERNING DOCUMENTS BEFORE PURCHASINC PROPERTY 9 THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFiCEIN THE COUNTY WHERE THE PROPERTYIS LOCATED,OR ARE NOT RECORDED AND CAN BE OBTAlNED FROM THE BUYER Page l of2 B HOMEOWNERS'ASSOC:AT:ON′COMMUNITγ D:SCLOSURE CR‐6 Rev 40′21 0 2021 Flonda Reanoso and The Florida Bar A∥lghts reseⅣed 7143 Marconi CT FL 34114 (SEE CONT:NUAT10N) DATE .l.t oop s gnat!r€ ver l..t.n: B. HOMEOWNERS', ASSOCTATTON/COMMUNTTY DTSCLOSURE (CONTTNUED) PART B. The Property is located in a community with a mandatory homeowners' association or an association that may require the payment of assessments, charges, or impose restrictions on the Property ('Association'). 1. APPROVAL: The Association's approval of Buyer (CHECK ONE): )(is _ is not required. lf Association approval ofthis transaction or the Buyer is required, this ConUact is contingent upon Association approval no later than _ (if left blank, then 5) days prior to Closing. Within _ (if left blank, then 5) days afrer Effective Date, the Seller shall initiate the approval process with Association. Buyer shall pay application and related fees, as applicable, unless otherwise provided for in Association governing documents or agreed to by the parties. Buyer and Seller shall sign and deliver any documents required by the Association, provide for interviews or personal appearances, if requared, and use diligent effort to timely obtain Association approval. lf approval is not granted within the stated time period above, Buyer may terminate this Contract, and shall be refunded the Deposit, thereby releasing Buyer and Seller from all fufther obligations under this Contract. 2. PAYMENT OF FEES, ASSESSMENTS, AND OTHER ASSOCIATION CHARGES: (a) Buyer shall pay any application, initial contribution, and/or membership or other fees charged by Association pursuant to its governing documents or applicable Florida Statutes. lf applicable, the cunent amount(s) is: S 100 per one time for application to VeronaWalk $-pet tofor for for$-pet (b)lf special or other assessments levied by the Association exist as of the Effective Date, or any assessment(s) are levied after the Effective Date and prior to the Closing Date, and are due and payable in full prior to Closing Date, then Seller shall pay all such assessment(s) prior to or at Closing; or, it any such assessment(s) may be paid in installments, then Seller shall pay all installments which are due before Closing Date, prior to or at Closing, and (CHECK ONE): tr Buyer O Seller (if left blank, then Buyer) shall pay installments due after Closing Date. lf Seller is checked, Seller shall pay the assessment in full prior to or at the time of Closing. (c) Sellershall pay, prior to or at Closing, allfines imposed againstthe Sellerorthe Property by the Association which exist as of the Closing Date and any fees the Association charges to provide information about the Property, assessment(s) and fees. The Assoclation or Management Company to which assessments, special assessments or renuland use fses are due and payable, is/are: KW Property [,4anagemenl to Contact Person Phone Emall Diane N,4artinez Contact person 2397740026 Phone Emaildmarlinez@kwpmc.com Additional contact information can be found on the Association's website, which is: www. https://kwpmc.com/propertv/verona-walk-hoa/ Page 2 of 2 B. HOMEOWNERS' ASSOCTATTON/COMMUNtTy DTSCLOSURE CR-6 Rev. 10/21 @ 2021 Florida Realtors@ and The Ftorida Bar A rights reserved. dotlooP Jgnaure vernlla●。n:dtp u,′gBAA kiuZ p14u Community Development District Addendum The followino disclosure is to be oiven for the lnitial sale of a parcel of real propertv or lhe lnitial sale of a resldentlal unit after the estiablishment of a Communitv Development District (CDD) under Florida Stalutes Ch. 190 and is not reouired to be oiven in anv subsequent sales. For information reoardino CDD taxes and/or assessments. Dlease contact vour lax collector's office. The following provisions are made part of the Contract for Sale and Purchase or Residential Sale and Purchase Contract or Vacant Land Contract between First Merchants Bank (Seller) and concerning the Property located VeronaWalk COMMUNITY DEVELOPMENT DiSTRICT (NAME OF DISTRICT) (・ DISTRICT")MAYIMPOSE AND LEN/Y TAXES OR ASSESSMENTS,OR BOTH TAXES AND ASSESSMEN「S,ON THE PROPERTYTHESE TAXES AND ASSESSMENTS PAY THE CONSTRUCT10N,OPERAT10N AND MAINTENANCE COSTS OF CERTAIN PUBLiCFACLITIESANDSERVICESOFTHEDISTRICTANDARESETANNUALLYBYTHE GOVERNINGBOARDOFTHE DISTRICT THESE TAXES AND ASSESSMENTS AREIN ADDIT10N TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR July 18,2023 D～″C ″“換チ 07132023 Date Se∥er FL 34114 Date Se∥er Date Buyer Seller represents that the current CDD taxes/assessments are: 70213 per VeronaWalk CDD Euyer is responsible for all assessments or charges from the District described above, including any outstanding capital assessments, but not including any annual assessments or charges for any years prior to the year of clos ng which shall be paid by Seller at or before closing. The annual assessments and charges and the capital assessment for the year of closing shall be pro-raled in the same manner as property taxes as sel forth in the Contract. This addendum amends lhe above-referenced Contract between Seller and Buyer. All other non-conflictlng provisions of that agreemenl remain in fullforce and effect. CDDA 2 Rev 218 020 8 Flolda Reators' dot ooP Jgnattre ver nて auon Gomprehensive Rider to the Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIOA REALTORS AND THE FLORIDA BAR lf initialed by all parties, the clauses below will be incorporated into the Florida Realtors@/Florida Bar Residential Contract For Sa e And Purchase between First Merchants Bank (SELLER)and Giuseppina Romano --(BUYER)concerning the Property described as 7143 N4arconi CT NAPLES. FL 341 14 Buyer's lnltlals se′rert ra″ars July 1A.2023 M. DEFECTIVE DRYWALL During the time Florida was experiencing building matedal shortages, some homes were built or renovated using drywall imported from or manufactured in China or elsewhere which reportedly emit levels of sulfur, methane and/or other volatile organic compounds that cause corrosion of air conditioner and refrigerator coils, copper tubing, electrical wiring, computer wiring and other household ilems as well as create noxious odors which may also pose health risks ("Defective Drywall"). '1. Seller's Knowledge: Except as indicated below, Seller has no actual knowledge of the presence of Defective Drywall or lhe existence of any information, records, reports, or other documents pertaining to Defective Drywall affecting the Property: (describe all known Defective Drywall information and list all available documerts pertaining to Defective Drywall and provide documents, if any, to Buyer before accepting Buyer's offe0 2. Defectlve Drywall lnspection: (Check One): (a) E Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of Defective Drywall and accepts the Drywall in the Property in iis existing condition. (b) E Buyer, at Buye/s expense, may have a home inspector, licensed contractor or other licensed professional (if required by law) lo conduct an inspection or risk assessment of the Property for the presence of Defeclive Drywall within _ (if left blank, then 15) days from the Effective Date ("Drywall lnspect on Period"). lf the drywall inspection or risk assessment reveals the presence of Defective Drywall or reveals damage to the property resulting from the Defective Drywall and the cost to remove/replace the Defectlve Drywall or damage resulting from the Defective Drywall exceeds $(if left blank, $500.00), Buyer may cancel this Contract by giving written notice to Seller on or before expiration of the Drywall lnspeclion Period. lf Buyer timely terminates this Contract, the Deposit shall be refunded to Buyer; thereby releasing Buyer and Seller of all furthel obligations under this Contract, except as provided in Paragraph 3 below. lf Buyer fajls to timely cancel or fails to conduct the inspections permitted in this Paragraph, Buyer may not terminate this Contract pursuant to this Addendum. IF NEITHER BOX IS CHECKED, THEN OPTION (b) SHALL BE DEEMED SELECTED. Repair of lnspection Damages to Property: Buyer shall be responsible for prompt payment for such inspections and repair all damages to the Property resulting from the inspections. Professlonal Advlce: Buyer acknowledges that Broker has not conducted any independent investigations to verify the accuracy or completeness of any representations about Defective Drywall made by Broker or Sellei. Buyer agreeito rely solely on Seller, professional inspectors, governmental agencies or any third parties retained by the 6uyer regarding any issue related to Defective Drywall. Page l ofl M. DEFECTIVE DRYWALL CR-6 Rev 10/21 @ 2021 Florida Realtors@ and The Florida Bar. All rights reserved “ リ STATE OF IllDIANA ) )SS:COUNTY OF B00NE ) IN THE B00NE CIRCUⅡ COURT CAUSE N0 06C01-1606-b』F-0355 FIRSTヽ CRCIIANTS B」嗜t an lndiana bank, ))Plalnit VS RCS HOLDINGS XⅢ,LLC,THE ESTATE OFKEVIN J MERRITT and B00NE W00DS,LLC, Defendants. FfLED OCT 1 2 20,6 CLERK鳥執∴臨 cttr AGREED JUDGMENT ENTRY AND DECREE OF FORECLOSIJRE Come now the partics,Plalntit First Merchants Bank,an lndiana Bant(“First Merchants'')by cOunsel,and Defendants,RCS Holdings XHI LLC,The Estatc of Kevin J Menitt and Boone Woods, LLC, cach by thcir authodzed represcntativcs, and agree tO the following: 1) The COurt hasjuHsactiOn over the parties by rcasOn ofthe■lmg ofthe cOmplaht herein and the service of the surlullons and complttnt on the Defendants hereln,and by reason of the Defendants'failure to obJect to ule courtゝ jurlsdiction 2) The COm hasjurisdiction over the sub」ect matter ofPlaintifFs Complamt 3) Judgment be,and hereby is entered on all olalms asserted in PlainifPs COmplaint 4) There iS Ilo just reason for dclay atld Fお t Merchantt is cnt■led to judttent aS a matter oflaw 剛 REFORE,IT IS ORDERED,ADmGED AND DECREED thatJle Plalntlt First Merchants Bmに an hdana Baに be and hcreby is granted a money judgemcnt agatnst the Defendant,RCS Holditts XШ LLC,h the pricゎ al balatlce oFSl,256,16518,plus interest in the sum of s41,889 25 as of Scptmber 6,2016,plus late charges and Other charges Of (00046978 DOCX l) $33,486.65, plus delinquent real estate taxes aad associated costs of 577,029.10, plus attomey's fees of $ 13,750.00 for a total of $1,422,320.18 as of September 6, 2016, plus interest continuing to accrue thereafter through the date ofjudgment at the per diem rate of $188.42, together with any fiuther advances ofreal estate taxes, plus any monies First Merchants may be compelled to expard for redanption of the Real Estate (as defined below) from tax sale, assessments, insurance premiums and any necessary expenses to preserve and protect the Real Estate incurred to date of Sheriffs sale and including court costs, all without relief from valuation and apprais ernent laws. WHEREFORE, IT IS FURTffiR ORDERED, ADTDGED AND DECREED that the Plaintifl First Merchants Bank, an Indiana Bank, be and hereby is granted an allowed claim against the Estate of Kevin J. Merritt, pending in Hamilton County, Indiana, under cause number 29D01-1505-ES-00205, in the principal amount $ 1,256,165.18, plus interest in the sum of $41,889.25 as of September 6, 2016, plus late charges and other charges of $33,486.65, plus delinquent real estate taxes and associated costs of$77,029.10, plus attomey's fees of S13,750.00 for a total of $1,422,320.78 as of September 6, 2016, plus interest continuing to accrue thereafter through the date ofjudgment attheperdiem rate of$188.42, together \ ith any fi[ther advances of real estate taxes, plus any monies First Merchants may be compelled to expend for redernption ofthe Rea[ Estate (as defined below) from tax sale, assessments, insurance premiums and any necessary expenses to preserve and protect the Real Estato incuned to date of Sheriffs sale and including court costs, all without retief fiom valuation and apprais ement laws. WHEREFORE, IT IS FURTTIER ORDERED, ADJIIDGED AND DECREED that the mortgage of First Merchants, recorded with the office of the Boone county Recorder on July 16, (00046978.DOCX.1 ) 2012 as Instnrrrent No. 201200007758,be and hereby is foreclosed as a first lien and the equity of redemFtion of RCS Holdings XItr LLC, and all others ctaiming by and though it is hereby foreclosed, without relief from valuation and appraisement laws, on the real estate located in Boone County, lndiana, more particularly described as follows, to-wit: PARCEL I (Fee) A part of the Northeast Quarter of section 3, Township 17 North, Range 2 East in Boone County, Indiana being more particularly described as follows: Commencing at the Southeast corner ofsaid Quarter Section, thence North 00 degrees 26 minutes 00 seconds East along the East line ofsaid euarter Section 1329.05 feet to the center line of the right ofway for State Road #334; thence North 89 degrees 51 minutes 01 second West along said centerline 670.73 feet to the Beginning Point; thence South 01 degree 25 minutes 59 seconds West 397.60 feet; thence North 89 degrees 5l minutesll seconds West 330.36 feet; thence North 00 degrees 31 minutes 39 seconds East 397.56 feet to the said centerline; thence South 89 degrees 51 minutes 01 second East along said centerline 198.00 feet; thence South 00 degrees 31 minutes 39 seconds West 152.23 feet thence South 89 degrees 28 minutes 21 seconds East I 1 1.22 feet thence North 01 degrees 25 minutes 59 seconds East 153.00 feet to the said centerline; thence South 89 degrees 5l minutes 01 seconds East 25.00 feet to the beginning point of this description. 2.646 ac PARCEL m @asement) Non-exclusive Sewer Easement as set out in Easement Agreement dated July 3, 1979 and recorded January 1 l, 1980 in Deed Record 2 12, page 770; and modified by Modification of Easement dated July 20, 1984 and recorded July 26, 1984 in Deed Record22l, page 524. Real Estate is commonly known as: 1555 West Oak Street, Zionsville, IN 46077 (the "Real Estate"). IT IS FURTHER 0RDERED, ADruDGED AND DECREED thar the Real Estate shall be sold by the Sheriff of Boone county to satisfu the sums found to be due First Merchants as soon as said sale can be had under the laws of this jurisdiction goveming the sale of mortgaged property, a proper deed or deeds shall be issued according to the law, to the puchaser or (00∝6978 DOCX l) purchascrs at sald salc,and First Merchants be,allld it hereby is,etnPowered tO bid fOr the Real Estate or any part■ereof,減」ュthe lndebtedness due Flrst Mcrchants,said indebtcdness tO be credted with the an101int paid by First Merchants, sald sale to be made￢ithOut rclief缶。コn valuatiotl and appraisemcnt laws. 「 IS FURTHER ORDERED,ADJLDGED AND DECREED thatthe proceeds Ofsuch sale shall be applied ist to the costs ofthis action,nexttO the payment of tt prOpe,taxes on the Real Estate that are due and Owmg and ibr which thc duc date has passed as ofthc date ofthe SherfFs sale(s),neXt tO the payment ofthe sums due First Merchants hcrein,ncxttO thc payment ofthc sulns due Boone Woods,LLC,and thc bdallce,if antt as i■her ordercd by the cOun IT IS FURTHER ORDERED,ADЛ JDGED AND DECREED that atsuch time as First Merchants may request aner sale of the Rcal Estate,a、vnt of assistance and tllis COurt shall ordcr a wnt of assistance,then thc ShcHff of Boone Counけ shall CVict the Dcfendant Or Other occupant found occupy■ng thc Real Estate and delivcr possession thcrcof tO the purchaser IT IS FtlRTIIER ORDERED,ADJLDGED AND DECREED that Flrst Mcrchants may cancei thc SheHffs sale of the Real Estatc at any time pHor tO thc schcdulcd time and date nithout hrther order of tus CoШ l by providlng notlflcation to the Shcnff of B00ne cOunty or the Shedffs representative IT IS FURTHER ORDERED,ADJllDGED AND DECREED that a duly certiflcd cOpy oftLs decree,under the hand Ofthe Clerk and Seal ofthis cO耐 ,shall be sufflcicnt authOHty t。 theShedffofBoonecOuntytoexecutethesatnewithOutnttherorderOfthisCOm. … ORE,r「IS FURTHER ORDERED,ADJLDGED AID DECREED thatthcrc is no just rcason for delay and ttis Colr express,d■ectS the entり。fjudglncnt h favor Of Plaintitt First Merchants,and aganst the Defendants,RCS Holdings XΠ I LLC,The Estate of (00046,78 DOCX l)4 Ke■・in J.MeFritt and Boonc Woods,L LCt oithe en崎。F the dЯ irns asserted ini,1曇壼s G苅 1laintin accOrdallce輌饉 TIial Rule多く B)ofL●IndianaRulcsoFPIOc●■o. Attomey for Defendants,RCS H01dings XIH,LLc and The Estate ofKevin J.Merritt ALERDING CASTORHEVtt「L LLP47S.PennttvⅢa Street,″00 hdianapQlis,IN 46204 MichacI J:BI競 Щ Aけ .N。28743‐49 Attomey for DcfendぬちBoone wOod、:L■CH00VERHULL TURNERLLP lll MOnumcnt《力dし S遺に4400P:OB嘔 4り 39 1ndiavPI=ら 1ヾ 46244 APPROVEDJ FilSt M'erchaqts Bauk, qn IndiAna Bank Ldimapoli、IN 46240 J.MuelleL Aけ .No.32700‐49 09046978Doc准 1)5 /Kevh J Mcmttand BoOne lVoods,L.L.C,on thc cntirety of the clauns assertcd in Plaintirs Compl,lnt in accordancc￢ith THal Rule 54o)of the lndlana Rulcs ofProcedure. DATE: JIDGE,B00blE CRCUIT COURT APPROVED: R Brock Jordan,Aけ .No 1706049 A■omey for Pl江 ntitt First Mcrchantt Bank,an lndiana Bank DENSBORN BLACHLY LLP 500 East 96th Strcct,Suite 100 1ndianapolis,コヽ46240 Ch五 stophcr」N4ueller,A■y No 32700-49 Attomcy for Defendants,RCS Holdings XIII,LLC alld The Estatc ofKevin J卜 Ie饉 tt 劇 RDING CASTOR HEWITT,LLP 47 S Pex■lsb71vania Street,#700 lndianapolis,■ヽ46204 Aftorney for Defendan! Boone Woods, L.L.C' HOOVER HI,]LL TURNER LLP I I I Monument Circle, Suite 'M00 P.O. Box 44989 Indianapolis, IN 46244 Michael I Bl%,Aモ写 No 28743‐49 {00“6978 DOCX l)5 STATE OF INDIANA ) )SS:COIJNTY OF MARION ) FIRSTヽ CRCHANTS BANK Indiana bank, Defelldants N THE MAR10N SUPERIOR COURT CAUSE NO.49D04‐1606‐NIF‐021341 Plainti氏 RCS HOLDNGS LLC,THE ESTA‐OF KEVnヾ ) J.ⅣERRITT and LAWTON L00P EAST ) CONDOMINIUⅣIS,NC, FILED AGREED JUDGMENT ENTRY AND DECREE OF FORECLOSURE Come now the parlies, Plaintiff, First Merchants Bank, an Indiana Bank, ('.First Merchants") by counsel, and Defendants, RCS Holdings LLC, The Estate of Kevin J. Merritt and Lawton Loop Condominiums, Inc., each by theil authorized lepresentative, and agree to the following: 1) The Court hasjurisdiction over the parlies by reason ofthe filing ofthe complaint herein and the service ofthe summons and complaint on the Defendants herein, and by reason of)))thc Dcfcndants'failure to obiecttO the Cot耐ゝjurisdiction 2) TheCOlllthasittSdaiOnOverthcsutteamattcrofPl江 ntiffs COnlphlnt 3) 」udttnent bc,and hcreby is cntcred on all claims asscltcd in Plaint』rs compldnt 4) Ъ ere iS nOluSt leason for delay and Fi■Mcrchants is cntitled tO judgmcnt as a matter oflaw. WIIEREFORE,IT IS ORDERED,ADJUDGED AND DECREED thatthe Pl西 htit First Mcrchants Bank,an lndiana Ballk,bc and hc"by is granted a moncy judgment agahst the Defendant,RCS Holdings LLC,in the principal amount Sl,140,239.39,plus interest in thc suln of$40,224.64 as of September 6,2016,Plus iate chargcs of$11,88089,plus delinquent taxcs {00046992 00CX l) and associated costs of $293,945.83, plus attourey's fees of $13'750.00 for a total of $1,500,040.75 as of September 6, 2016, plus interest continuing to accrue thereafter through the date of judgrnent at the per diem rate of $159.95, together with any further advances of real estate taxes, plus any monies First Merchants may be compelled to expend for redemption of the Real Estate (as defined below) from tax sale, assessments, insurance premiums and any necessary expenses to preserve and protect the Real Estate incurred to date of Sheliffs sale and including court costs, all without relief from valuation and appraisement laws. WHEREFORE, IT IS FURTMR ORDERED, ADruDGED AND DECREED that the Plaintiff, First Merchants Bank, an Indiana Bank, be and hereby is granted an allowed claim against the Estrte of Kevin J. Menitt, pending in Hamilton County, Indiana" under cause number 29D01-1505-ES-00205, in the principal amount $1,140,239.39, plus interest in the sum of $40,224,64 as of September 6, 2016, plus late charges of $ 11,8 80.89, plus delinquent taxes and associated costs of $293,945.83, plus attomey's fees of $ 13,750.00 for a total of $ 1,500,040.75, plus interest continuing to accrue thereafter ttu'ough the date ofjudgment at the per diem rate of $159.95, togethel with any further advances ofreal estate taxes, plus any monies Fir-st Merchants may be compelled to expend for redemption ofthe Real Estate (as defined below) fiom tax sale, assessments, insurance premiums and any necessary expenses to preserve and protect the Real Estate incurred to date of Sheriffs sale and including court costs, all without relief from valuation and appraisement laws. WHEREFORE, IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the mortgage of First Merchants, recorded with the offrce of the Marion county Recorder on October 10, 2011 as Instrument No. A201 100091648, be and hereby is foreclosed as a first lien and the equity ofredemption ofRCS Holdings LLC, and all others claiming by and through it is (00or6992.DOCX.l ) hereby foreclosed, without relieffrom valuation and appraisement laws, on the real estate located in Marion County, Indiana, more particularly described as follows, to-wit: Real property situated in the County of Marion, State of Indiana, legally described as follows: Parcel I: Part ofNortheast Quarter of Section 23, Township 16 North, Range 4 East in Marion County, Indiana, more particularly described as follows: Beginning at a point on the South line of said Quarter Section 360 feet North 88'57'25" West (assume bearing) of the Southeast comer of the said Quatter Section: thence North 88'57'25" West along the South line of said Quarter Section 306.21 feet to the Southwest comer ofttre Southeast Quarter ofthe Southeast Quarter ofsaid Quarter Section; thence North 00'46'28" East 728.50 feet by Deed and 728.30 feet by measurement to a point on the West line of the Northeast Quarter ofthe Southeast Quarter of said Northeast Quarter Section, said point being 60 feet North of the Southwest comer ofthe said Quarter Quarter Quarter Section; thence South 8 8'5 8'3 7" East parallel with the South line of said Quarter Quarter Quarter Section 666.21 feet by Deed and 665.36 feet by measuement to the East line of the Northeast Quarter of said Section; thence South 00'42'26" West along said East line 523.50 feet to a point 205 feet North of the Southeast comer of said Northeast Quarter Section; thence North 88'57'25" West parallel with the South line of said Quarter Section 360 feet; thence South 00'42'26" West parallel with the East line ofsaid Quartel Section 205 feet to the place of beginning. Except: Part ofthe Notheast Quarter of Section 23, Toranship 16 North, Range 4 East in Marion County, Indiana, more particularly described as follows: Beginning at a on the South linc ofsaid Section 360 fcct Noltl1 88・ 57'25''Wcst North 88'57'25" West along the South line of said Quarler Section 306.21 feet to the Southwest comer ofthe Southeast Quarter ofthe Southeast Quarter of said Qua(er Section; thence Nofih 00'46'28" East 478'50 feet by measurement to a point on the West line of the Northeast Quatler of the So heast Quarter of said Northeast Quarter Section, said point ofbeginning; thence North 00"46'28" East 250 feet; thence South 88'58'37" East parallel with the South line of said Quarter Quarter Quarter Section 200 feet; thence South 00'42'26" We$.250 feet; thence South 88'58'37" West 200 feet to the place ofbeginning. Parcel II: Part of the Northeast Quarter of Section 23, Township 16 North, Range 4 East in Marion County, Indiana, more particularly described as follows: Beginning at a point on the South line of said Quarter Section 360 feet North 88"57'25" West (assuming bearing) of the Southeast corner ofthe said Quafter sectioni thence North 88'57'25" West along the South line ofsaid Quarter Section 306.21 feet to the Southwest corner of the Southeast Quartel of the Southeast Quarter of said Quarter Section; thence North 00'46'28" East 478 50 feet by measuement to a point on the West line of the Northeast Quarter of the Southeast (00046992.DOCX.1 ) Quarter ofsaid Northeast Quarter Section, said point of beginning; thence North 00'46'28" East 250 feet; thence South 88"58'37" East parallel with the South Iine of said Quafier Quarter Quaxter Section 200 feet; thence South 00'42'26" West 250 feet; thence South 88"58'37" West 200 feet to the place ofbeginnilg. oommonly known as 3414 N Shadeland Avenue, lndianapolis, IN 46226-5'707 (the "Real Estate') IT IS FURTIIER ORDERED, ADJUDGED AND DECREED that the Real Estate shall be sold by the Sheriffof Marion County to satisry the sums found to be due First Merchants as soon as said sale can be had under the laws of this jurisdiction goveming the sale of mortgaged property, a prcper deed or deeds shall be issued according to the law, to the purchaser or purchasers at said sale, and First Metchants be, and i1 hereby is, empoweted to bicl for the Real Estate or any part thereof with the indebtedness due First Merchants, said indebtedness to be credited with the amount paid by First Merchants, said sale to be made withor.tt relief from valuation and apprai sement laws. IT IS FURTHER ORDERED, ADruDGED AND DECREED that the proceeds of such sale shall be applied first to the costs of this action, next to the payment of any plopefty taxes on the Real Estate that ale due and owing and for which the due date has passed as ofthe date ofthe Sheriffs sale(s), nextto the payment of the sums due First Merchants herein, next to the payment of the sums due Lawton Loop Condominiums, Inc. frorn a judgment under cause number 49K03- 1505-SC-2849 in the principal amount $4,361.15, plus attorney fees awarded of$1,300.00, plus court cosis of$86.00, plus interest of$584.42 for a total of$6,331'57 as of October 6, 2016, plus interest continuing to acoue thereafter through the date of judgrnent on this matter at the per tliem rate of $1,24, and the balance, if any, as further ordered by the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at such time as First Merchants may request after sale of the Real Estate, a writ of assistance and this Court shall {0oo46992.DOCX-l }4 ―― DATEL_____-14⊇生三2」三コ墜笙 Mag16trate order a writ of assistance, then the Sheriff of Marion County shall evict the Defendant or other occupant found occupying the Real Estate and deliver possession thereofto the purchaser' IT IS FURTHER ORDERED, ADJIJDGED AND DECREED that First Merchants may cancel the Sheriffs sale of the Real Estate at any time prior to the scheduled time and date withor* further older of this Court by providing notification to the Sheriff of Marion County or the Sheriff s representative. IT IS ruRTHER ORDERED, ADruDGED AND DECREED that a duly certified copy of this decree, under the hand ofthe Clerk and Seal of this Court, shall be sufficieot authority to the Sheriff of Marion County to execute the same without firthet order of this Court. WHEREFORE, IT IS FURTHER ORDERED, ADruDGED AND DECRIIED that there is no just reason for delay and this Court expressly directs the entry of judgment in favor of Plaintiff, First Merchants, and against the Defendants, RCS Holdings LLC, The Estate of Kevin J. Merritt and Lawton Loop Condominiums, Inc., on the entirety of the clairns asserted in Plaintiffs Complaint in accordance with Trial Rule 54(B) ofthe Indiana Rules ofProcedure. JUDGE,MARION SUPERIOR COURT 螂蒻》・年一プ (ol1046992 DOCX l)5 ″′ 統 _ィ ″″´ ~ ELC andTheEゞ ate 9fK,vl,J・ M∝lit At,ornry tbr Defenclant' Larvton Loop Condominitttns' Inc' Roache and Associates 518 S. Rangeline Road, Suite Al Cannel,IN 46032 16・ it∞嗅6'彙 "鏃・1) STATE OF INDIANA COIJNIY OF DELAWARE IN THE DELAWARE CRCtIIT couRT 2 CAUSE N0 18C02‐1606‐MF‐Olll1129))SS:)FIRST MERCHANTS BAK an lndiallabank, ))PIamtl氏 VS RCS HOLDNGS X LLC,THE ESTATE OF KEVIN J.MERRΠ T,RIVERVIEW SQUARE, LLC,JPMORGAN CHASE BANK, NATIONAL ASSOCIAT10N,as successor in intcrestto NBD BAK N A andJPMORGAN CHASE BANK NATIONAL ASSOCIA■ON, 郎successorin intcrestto BANK ONE,NA, Defendants Come now the parties, Plaintiff, First Merchants Bank, an Indiana Bank, (.,First Merchants") by counsel, and Defendants, RCS Holdings X LLC, The Estate of Kevin J. Merritt and Riverview Square, L.L.c., each by their authorized representatives, and agree to the following: l) The coud has jurisdiction over the parties by reason ofthe filing ofthe complaint herein and the service ofthe summons and complaint on the Defendants herein, and by reason of the Defendants' failure to object to the Court's jurisdiction. 2) The court has jurisdiction over the subj ect matter of plaintiffs complaint. 3) Judgrnent be, and hereby is entered on all claims asserted in Plaintiffs Complaint. 4) There is no just reason for delay and Firct Merchants is entitled to judgment as a matter of law- WHEREFORE, IT Is ORDERED, ADJUDGED AND DECREED that the plaintiff, First Merchants Balk, an Indiana Bank, be and hereby is granted a money judgement against the {0m46834.DOCX. I } March 14, 201I as lnstrument No. 201 1R03666, be and hereby is foreclosed as a first lien and the equity of redemption of RCS Holdings X LLC, and all others claiming by and thro,,qh it is hereby foreclosed, without relief from valuation and appraisement laws, on the rcal estate located in Delaware County, Indiana, more particularly described as follows, to-wit: Real property sihrated in the County of Delaware, State of Indiana, legally described as follows: Trrct 1: A part ofBlock Fivc (5) and also a part ofvacated Gamsey Street adjacent to said Block Five (5) in Rochester and Utica Land Company's Second Addition to the City of Muncie, lndian4 more particularly described as follows, to-wit: Beginning at a point eighty-five (85.0) feet East and twenty (20.0) feet North ofthe Southwest corner of l-ot Nine (9) in Block Five (5) in Rochesto and Utica Land Company's Second Addition to the City of Muncie, Indiana to a plat which is recorded in Plat Book 2 page 129 of the Record of Plats in Muncie, Delaware County, [ndiana; thence South ninety degrees zero minutes zero seconds West (S 90'00'00" W) two hundred thirty-six and five tenths (236.5) feet to a point in the heretofore vacated Gamsey Sheet in said addition; thence North one degrees one minute twenty-three seconds West (N 0l'01'23,' W) one hundred eighty and two hundredths (180.02) feet to the south right-of-way line of Martin Luther King Boulevard; thence North ninety degrees zero minutes zero seconds East (N 90'00'00" E) two hundred thirty-nine and seventy-one hundredths (239.71) feet to its intersection with the West right-of-way line ofTillotson Avenue; thence South zero degrees zero minutes zero seconds East (S 00'00'00" E) and on the West right-of-way line ofTillotson Avenue one hundred eighty (180.00) feet to the point of beginning. Estimated to contain.987 ofan acre, more or less. Tract 2: A pafi of vacated Gamsey Street adjacent to Block 5 in Rochester and Utica Land Company's Second Addition to the City of Muncie, Indiana" as recorded in Plat Book 2, page 129 of the Recorders Office of Delaware County, Indiana, more particularly described as follows, to-wit: Commencing at the Southwest corner of Lot 9 in Block 5 in Rochester and Utica Iard Company's Second Addition to the City of Muncie, Indiana" as recordcd in Plat Book 2, page 129 of the Recorders Offrce of Delaware County, Indiana; thence North 90'-00'-00" East on and along the South line of said tot 9, 85.00 feet; thence North 00'-00,-00', West on and along the East line of said Lot 9, 20.00 feet; thence North 90'-00'-00', West (aX46834 DOCX l) 236.50 fectto a point,which Point iS the point ofbe」肛面唱fOr the lalld hereil descnbed;thence North 90°‐00'‐00"Wcst 25.00 feet;thence No血 01・ ‐01■23"West 130.02 feet;thence N価 90・ -00'‐00"East parallel with said South line 25 00 feet;thetlce South 01・ ‐011-231'East 130 02 feetto the point ofbば m血唱.Esttated to∞ntain 3250 5 square feet or 0 075 ofan acre,alclre or less PrOpO Tax ldentiflcaiOn Nllmbas 18‐11‐17-304‐020-000.003; 18-11‐17‐305‐025-000.003;18‐11‐17‐305-042-000003; Sto.」=Water Assessment Commonly knowll as:1107 S Tillotsoll Ave.,Muncie,IN 47304(the“Real Estate''). IT IS IJRTHER ORDERED,ADJIDGED AND DECREED thatthe Real Estate shall be sold by the SheHffofDelaware County to satisfy the sulns found to be duc First Merchants as soon as sdd sale can be had linder the laws of■is j面 sdictio■goveming thc sale of mortgaged prOperty, a proper deed or deeds shall be issued according to thc law, tO the purchaser Or purchasers at sald salc,and First Mcrchants be,and it hcreby is,empowered to bid fOr the Real Estate or any part thercof with the indcbtedncss due First Merchants, said indebtcdncss tO be creditcd with the alnount paid by First Mcrchants,said salc tO be made without rclief frOm valuation and appraisement laws I「IS FURTHER ORDERED,ADЛ JDGED AND DECREED thatthe procceds Ofsuch salc shall be applied flrst to the costs ofthis action,nextto the payment of any propeゥ taXcs on thc Rcal Estatc that are duc and owing and for which the due date has passed as ofthe date ofthe shc五 rs sale(s),nCXttO the paymellt ofthe sums duc First Merchants hereh,nexttO the payment of the sullls due RiveⅣicw Square,L.LC., atld the balance,if any,as mer ordered by the Coun I「IS FLRTIIER ORDERED,ADЛ 』DGED AND DECREED that atsuch範 me as First Merchants may request ttRer sale of the Real Estate,a前 t of assistance and this COurt shall (∞∝6834 DOCX l)4 order a mdt ofassistance,then the Shenff of Delaware County shan cvict the Defcndant or other occupant found o―pヵ電the Rcal Estate and deふヽ possession thereofto the purchaser rr IS FUR…R ORDERED,ADJIDGED AND DECREED that First Merchants may catlcel the SherifFs sale of the Real Estate at any the p●or to the scheduled time and date without仙凸cr ordcr ofthis Coui by providing叡 iflcalon to the SheriffofDelaware County or the She五 rs`vrAυ Sentative. rr IS FUR■ヨ斑t ORDERED,ADJIDGED AND DECREED that a duly certined copy ofthis decree,ullder the hand ofthe Cl"k and Seal ofthis Cottt shall be surlcient authOnty to the Sh減 ffofDelaware County to execute the same宙 thout mer order oftts COl■.ヽ引E劇瞬ORE,I「IS FIRTIIER ORDERED,ADJLIDGED AND DECuED thatthere is no just reason for delay and tts Cour expressly dtr∝ts the enけ ofjuぬ mcnt h favOr of Plainitt First Merchants,and agalnst the Defcndants,RCS Holdings X LLC,The Estate of Kevin J Me轟 tt and ttverview Square, LLC, on the entirety of the claims asserted in PIttntifPs Complamtin accOrdance wi■THal Rule 54o)of the■ldiana Rules ofProccdure ARE CIRCUIT COURT {00∝6834 DOCX l) First Merchants B或 an lndiin.Bank Y LLP IndianapolisI IN 46240 Strect,#700 Christopher L Bills,A,No 31891‐18 Attomey for Defendant,Riverview Square,L.LC DEFUR VORAN 400 S Wahut Street,Suite 200 Muncic,IN 473056 (00046834 DOCX l} APPROVED: 500 East 968 Sfte! Suite 100 Indianapolis, IN 46204 APPROVED: @ Athmey for Deferidants, RQS Holdings X, LLC and The Estate of Kevin J, M€rritt ALERD.ING CASTOR HEMTT, LLP 47 S. P€nnsylvania Street, #700 lodianapolis, IN 46204 400 S Walnut Street,Sitc 200 Muncic,IN 473056 Fist‐Merchants Bなしan lndlatla3嶽 .No 31891‐18 Attomey for t00046834つ α "に 1) PROM:SSORY NOTE Lender:Borower: RCS IIoldlng3 X LLC 593 W Carlne,07,Ste C cartneL:N 46032・ 2007 Fir3l llerch.nts Bank, l{ational Asrocirtion Muhcl€ Main Br.nch 200 E. Jackson SA6et Muncie, lN 47305 Referenc€o in tho boxes Bbov6 a,6 fo. Lender's use only and do nol limit the spplcability of flis documonl to Eny parlicular loan or itom Anv item above contalnino "'--- has been omitted due to text lenqth limitations. P"nclpa:メヽmount: S787,500.00 Date of Nol●: March ll,2011 PROMISE TO PAY. RCS Holdlng3 X LLc ("Borov{er") p.o.nlses to pay to Fir$i lrt€rch5ntr Bank, l{.ilon.l Alroclailon ("L.hderJ, or ordrr, in lawful money oI the United States of Amedc4 the prinoip.l amouni of Seven Huhdred Elghty€even Thou3and Five Hun.hEd & 001100 Dollsrs ($787,500,00), togethqr wllh lnter.st on tho unpald prlnclpal b.l.nc. ttom March ll, 2011, unlll pald ln lull. PAYMENT, SubJcct to any paymont 6hang6! iasulting Lo,n changas in the lnd.)q Borow€. will pry this loan in 59 regular paymor ! of $5,341.26 crch and ona irregular last paymant catlmatad at 1555,408,32. Borowef6 tirst paynrenl b due Aprll ll, 2011, and all subBequenl payoents sro due on lhe s3me day ol lach honth eltar that Borowe/i tlnal paytnenl wlll beducon illarch 11,2016, ahd wlll b. to,.ll princlpal and sll accrued lnlerast nol yet paid. P.yment! include prlncipal end intere3l. Unle3s otherwlse agre€d or rcquiied by applicable law, paymonts will be applled frst io ahy acorued unpaid interest; then to p.incipal; then to any late charges; and theo to any unpaid colleGtion costs, Borower rvill pry Lcnd.r at Lende/6 addres! ahown abova or at such othor placc as Lender m.y deslgnale ln lvrlllng. VARIABLE INTEREST RATE. The interest rate oo this Note is subject to ctrange from lime to time based on changes in an independent index which is the highest rale ident ed as th6'Prime Rete'in The Wall Street Joumal 'Money Rates" column on the date tho interesl rale is to be delenflined, or if lhat date is nol a publlcalion date, on the publication date immedielely preceding. (lhe'lndex"). The lndex ls nol necessarily lhe lowest rale charged by Lender on its loans lf the lndex becomes unavailable during the term ot thls loan, Lender rray desagnate a substilute index arter notiting Borrower. Lend€r will tell Borrower the currenl lndex rate upon Borrowels requesl. The interesl rale change will nol occur rnor€ oflen lhan each dey. Bofiower undeBlands thal Lender may rnake loans based on other ,ates as well. Th. lndex curra ly js 3.250y. prr annum, lnlerest on the unpaid principal balance of lhis Note will b6 calculated as descllbed in lhe 'INT€REST CALCULATION METHOD' paragraph using a rale of 1.O00 percenlage point over the lodex, adjusled if necessary for any minihum and maximunr rate Jimitalions described below, rcsulting in ah rnitial rate ot 5,25OV". NOTICE: lJndor no ckflmstances will the inlerest rale oh this Note be less than 5.250% per annum or more than the maximum rale allowed by applicable law. Whenever indeases occur in lhe interest rate, Le.Tder, st lts oplaon, may do one or more of the following: (A) infiease Borrow€r's paymenls lo ensure Borowe/s lican will pay off by its original final maturity dale. (8) locrcasa Borower's payments to cover accruing int€r6st, (C) increas€ the number of Borowe/s paym€nIsr and (D) conlinue Borrower's payments at the sam€ amount End increase Bororryer's final payment, INTEREST CALCULATION t ETHOD. lntoresl on thk Nots b computed on a 355/360 baslr; that lE, by applyinq the ratio ot tho intersst ral6 over ! yerr ol 360 days, multipll.d by th. outst nding p.incipsl babnc6, multipli.d by lhe .ctusl numbor ot d.y! th! p.incip.l b!l.nc. i. outstanding. All lntersst payable urder lhis Ngte i9 compst€d wing tiis motiod. PREPAYIIEI{T. Borowea may pay without penelty aLl o. a ponion ot the amount owed earl er than it is due. Eady paymonts wi I not, l,nless agreed to by Lender n writing. relieve Borrower ot BorowBr's obligation to mntinue to meke payments under lhe paymenl schedule, Rather, early payments will reduce the principal balanco duo and may result in Borrower's making fewer payments Borrower agrees nol to send Lender payments marked "paid in tull', '\l/ithout recourss', or silnlar lahguage lI Borrower sends such a paymshl, Lender rnay accept it lv,thout losing any of Lond€r's righls under lhrs Note, and Borower wll .emah obligated to pay any funhea amount owed to LendEr. All writton @mmunicationg concerning dlspuled amounts, including any check or other pEymont instrument thal hdicates lhal lhe payment mnstitules "payment ln full" of lhe amount owed or lhat rs tendered wiih olher conditions or limitatrons or es full satsfaclion of a disputed amounl musl be mailed or defivered to: First Merchants Benk, ATTN: Loan Operations . Final Payment, P O. 8ox 7012 Muncie, IN ,17305. LATE CHARGE, lf a paymenl is 7 days or more late, Borrower will be charged 5.000% of th. unpaid ponion of tho rogularly rchodul.d paymont or 525.00, whichover l. grsaler. INTEREST AFTER DEFAULT. Upon default, includang fa u.e to pay upon linal matudty, the inlor€sl rale on this Note shall b€ lncreased by adding an additioml 5.000 percentagB point margin ("Default Rate Margin"). The Deaault RatG Margin shall also spply to each srrcc€eding lnteresl ralo chang€ trlat would have applied had lhoro beon no default. Howev6r, in no evenl will the inlerest rale ex@ed the maximum interesl rate ljmilations under applicable lsw. DEFAULT. Each of the foilowing shall conslitute an evenl ol default fEvent of Defaull') under this Note: P.yment Defaull Borower fails to mako any payment when due under this Note. Oth€r Oefautis. Borower fails to cofipry with or lo perform any other term, obhgalon, covenant or corldition canlrined in lhis Note or in any ol lhe related documents or to comply with or to perform any term, obligalion, covenant or condlion conl,ained ]n any olher agreement between Lender and Borower, Oefault In Favor of Third Panie6, Borower or any Granlor defaults undor any loan, ensnsion of credit, securily agreement, purchase or sales ageement, or any other agreemert, n favor of any olher cteditor or person thai may materially affect any of Borroweis properiy or Borrower's ability to repay this Note or perform Bo.rowels obligaliohs under this Note or any of the relaled docurnents. Falss SLlemenb. Any waaranly, representaton or statement rnade or furnished to Lender by Bonower or on Borow€r's behall under this Nol6 or tho related docurhents is false or misleadino ln ary material respect, eilher now or at lh€ lirn€ made or fJ.nished or bscomes fals6 or misleading at any time thereafter. Death or lnrolv.ncy. The dissolution of Borrower (regadloss of whether election to conlinue is rnade), any member withd.a65 from Borrower, or any other termination of Bor.owe,'s exislence as a going business or lhe dealh of any meBb€r, the insolvency of Bor.ower, the appointment of a receiver for any pad of Bo.row6/s property, any assignment ,or the beoerll of credilo.s, any type of creditor workod, or the commencement of any proceeding undd any bankruptcy or lnsolvency laws by or agaihst Bonower. Cr.ditor or Forfeituie Proceedings. Cornmenc€ment of foreclosure or forreiture proceedings. whethe. by judicial proceeding, self-help, repossession or any olher melhod, by ahy credilor ot Bonower or by ahy governmehtal agenry agaansi any collateral securing the loan. T}l s includes a Earnashmsnl of any of Bo.rowe/s acco!.ts, including depos accounts. wrth Lender. However. this Event of Default shall not apply f lherB is a good faith dispute by Bonowor as lo the validity or reasonableness of the daim which is the basis of lhs cr€ditor or forferlure proceeding End lf Bonower gives Londerlvri(€n notica of th6 crcdilor or forfeitur6 proceeding and deposits with Lender monies or a surely bond lor the creditor or forferture proceeding. in an amount determined by Lender, n ils sole discretion, as being an adequale Loan No:3119718 PROMISSORY NOTE (COntinued)Pege 2 reserve or bond for the dispute. Ewnt3 Alfecllng Guaranlor, Any ol the precsding events occurs with respect_ to any Guax]antor of any ol lhe lndsbtedness o. any Guaranto. di€s or become6 in@mpelent. or revokes d dispotes the validily of, or liability uMer, 6ny gua'anty ot the indebtednes; evidenced by this Note. Adv.B. Change. A male.ial adv€rse cfianoe occ rs in Bonowe/s fnancial condilion. or Lerder believes the prospect of psymeot o.perfomance of this Note |g imfEired. Cure Provisions. It any defsull, other than a detaull in payment is cu.able and if Borrower hss not been given a notice of a breach of th€ r€m€ provislon of this Nole within lhe preceding lwefue (i2) monttE, il lhay be drred if Bo.row€r, ailer Lender sends witlen notice to Borower demandlng oJre of such defaullr (l) orres he dsfault withln lhirty (30) days; or (2) lf th6 drre reqlireo mor6 lhan thirty (3O) days, immedlately initiales 6l€ps which Lender d6Bm6 in Lender's sole discrelon to be suffcjent to otre r-he defauh 6nd ther;;fte; contlnues and comdetes all re€sonable and necessary steps s flicjent to produce compliance as soon as reasonsbly practrcat. LEiIDER'S RIGHTS. upon default, Lender msy doclar€ th€ satire unt'aid principsl baianc€ lnder thrs Note and all ecciled unpard interBst irnmediately due, and theh Borower will pay that amount. Und€r all circurnstances, the lndeblednesa will be repa d without reiiel from any lndiana or other valuation and appraisemant la$/s. ATTORNEYS'FEES; EXPET{SES. Lender may hire or pay someone else lo help collact this Note if Borrower do€s not pay. Borrower will pay Lond€r lhat 6mounl. This indudes, subiect to any lirnlts under applicable lEw, Lende/s sttorneys' fees and Lende/s legal expenses, whether or not (h0r0 a6 a lawsuit, inoluding wilhout limilatron all attorneys'lees 6nd legal erpenscs fo. bankruptcy proccedings (including etforts to modtfy or vecate any automaUc slay or injunction) and appeals. lf not paohibited by appliceble law, Borower dso will pay any coort co6ts. in addllio.l lo a I other sulns paovided by law. JURY WAIVER. L.nda rnd Borower hareby walye thc .igtrt lo any iury lriel ln any acllo.r, proc.eding, o. counte.clair baought by .ithr Llnde. oa BoroweJ agalrEt the other. GOVERNII{G LAW. This l{oG yrlll be govemGd by t!d..al lat rpplicrble to L.nd.t rnd, to th! .Ilent not p.eempted by fedGral law, the laws of th! Stata ot lndianr wllhoul reg.rd lo itn conUlcls ol law provlEion3. Thls l{oie h.! trcn accepted by ttnder ln thc Stat. of lndlah.. RIGHT Of SEIOFF. To the oxt6nl p€rmitted by applicable law, Lender resorv€s s right of setoff in all Bonoweds sccounts wilh Lender {whether checking, savings, or som€ olher account). This includes all eccounb Borrowor holds joinlly wilh som€ono olse and all accounts Borrorrer may open in the futu.e. Howevsr, this doss not include sny IRA or K€ogh acE€unls, or any trust accounls for which setoff would be prohjbited bilsw. Borrowor authorizes Lender, to the extenl permitted by applicable la$/, to chargo or seloff all slms owing on the hdebtedreEs againBt 6ni and all such accounts, and, at Lende/s oplion, to adminaslr6lively keeze all such accounts to allow Lender to protect Lend6r,s charge and setoit rights provided ln lhis paragraph ADOmOML ASSURAI{CE. Bonower agr€es to meke, execule and deliver lo Lender such promissory note. mortgages, deed of trusl, sEcurity sgr€€ments, assignm€ols, finaflcing statements, inslruments, documents and olher sgreemenh as Lerder or its altooeys may reasonabl, requesl to evidenca and s€cure th€ Loans 6nd to perfect all Security lntefests. BUSINESS LOAN AGREEirEtlT. This Promissory Not8 is govemed by s Businsss Loan Agreement io.n Borower to Lender. COLLATERAL. Borower acknowledges lhis Nole rs sacured by any and all oth€r mo(gages. securily agreer'lents, assignments, loan agiecments, phdge agr€ements and any other documenl o. inslrum€nt evidencing a security interest or other lien in favor of Lender and orecuted and d€livered by Boro\rer or sny third party as security for payment of th s Note andor all ndebtedness of Bonower to Lender, whether contempoEneous with the execulion of this Noie or at any olher time Collateral s€curing other obligations of Borrower to Lender msy 6lso secure thls Nole. Fll{AL AGREEIIENT. This No(e and lhe related documenls set fonh lhe entire agreement b€tween the partles rtarding the transactions contemplated hereby and suporcede all prior agaeemenls, commitmehts, disclssions, representatiohs and understandings whether written or oral. and any and all contemporaneou3 oral agreements, commtrnents, d scr.rssions, represenlations and understandings belwoen the parlios relaling lo lhe subject matter hereof. SHARING INFOFfTATION. Eonower he.eby authorizes Lender lo share all credal and linancial information relathg to Borot|er with Lender's parent company and wilh any subsrdiary or afliate of Lender or ot Lende/s parefil company. SUCCESSOR ltllERESIS. The l6rms ol lhis Note shall b€ binding upon Eorro\ re., and upon Eonowe/s heiB, personel .ep.esentativ6s, successoE and a3signs, and shall inure to the benefrt of Lend€r End its successots and assigns. GEI{ERAI- PROVISIOi{S. lf any part of this Note cannot be enforc€d, this fact will not affect the r€st of the No(e. Lendor may delay or foroo enfoacin! any of lls righls or rcmBdies under thls Note wilhout lo6ing them Bonowea arld arly othea p6r6on who sions, guaEFtees or endorses thls Not€. to tho extent allowed by law. waive presenlment, demand fo. paynent. anc, notice of d shohor. Upon any change in the lems of this Nots, and unless otherwise €xpressly stat€d in writing, no party who srgn6 thrs Note, $/helher as maker, guEranlor. accommodalioh maker or endorser, shall be released from liebillty. All such panies agr€e that Londer nay renew or exlend (repeatedly and for any length of ti.ne) lhis loan or release sny party or guarantor or collate.al; or impair, fail to realize upon or pedect Lende/s seqJrity inlerest in the collateral, snd tske any other ac{on deemod necessary by Lender withoul the conE€nl ol or notice lo ahyone. All such pan es also agree that L6nder may mod y thls loan wlthout the consenl ot o. nolice to an),onE other than the pariy with whom the modrfication rs made. The cbligetjons under this Note are,ornl and seveial. Loan No:3119718 PROM:SSORY NOTE (COntinued)Page 3 PR:OR TO S:GNING THiS NOTE,30RROWER READ AND UNDERST00D ALL THE PROⅥS10NS OF THiS NOTE,〕NCLUD:NG THE VAR:ABLE INTEREST RATE PROViS10NS. BORROWER AGREES TO THE TERMS OF THE NOTE. 80RROWER ACKNOWLEDGES RECE:PT OF A COMPLETED COPY OF TH:S PROM:SSORY NOTE. BORROWER: Borrower: Rcs ltotdino. lLC ll550 tl tle.tdian St., Sts 110C.nnrl,lN 480326957 PROMiSSORY NOTE Lender:First ficrshant E!nt, il.tionll ArEoclr oo Muncla llaln Br.nd 200 E. J.cktor Stroot lrunclo, lN 47305 R“田n∝望|°“Xいめざ、占譜臨鵬層ツ鋼・霜ξttT諦乳留贈嘉:lllFllll:::}13mypa両。Ja ban g tOm Principal Amount: sl,320,000.00 Date of Note: September 30,2011 辮鰤酬醐聯髄彗嚢募軍高鼎鸞翼繹憾 ∬聯肇醐辮辮鷲1翻嘉翻覇i蒲辮脳獅齢』顧1ヽ掘榊』棚獅i翻 ″鷺蹴'綸黒常∬脚臨露愧拙罵」1:評訃器 :響 ]甜協 :躙贈t,1歯淵樹1乱]ma∥ed or de“vered tOI First Merchants Bank,Aπ N: Loan Ope哺 “ oぃ s‐ r::ξ :1喘」規 ,7翼 ]盟 7 days Or mo“口 ●BoFOWer mi“cha● “ 5000%“●o unpJd pom。.♂慟eに 9"ar"5■eduad paソ meⅢ 鰤朧譜箇:[°i[11117.早 |:::悲 ΥLP早増∫1離握讐1ど黒 ::η l』需席辮鴇:鷺 1暇 ,i輛鵠馴sⅧ調鴫肥謂僧『日,“by 5 000 DEFAuLT Each oflhe rO“。wing shal cOnst“ute an event Of delault(・ Event of Deraul・ )underth s Nolel Panent Defaulに BOmwo「falls to nak●any payment when due underthis Note 認記』札Fξ 蠅詰酬:寵 J°電酬∥yWttlt硼鶏棚 ξ島」棚諄1認きn霜讐電話器出寵総鳳1鶏蹴配:発電l乱 ∥ 蛸謳i黒肌聴螺需]署鸞唾窺11帷撒』1爵」職離騨癒:l曇 l鮒 ∬器』咄踊『鵬織iξ よ¶デ:鍼臨|『…服甑躍rξ ttAL蹴ふ耀悲智織な脇躍鷺%:lF棚織肝貶機鵜1楡島鷲襲棚竃殿鸞許榔郵榊t爛鱗翻:棚需鎌:滉 :::写路∬篇n=楓y蠍鳳 1■誡 ,11:t鵬鏃誡浮:闘 Rξ 翻認L認躍l:吊躙席出出:認:λ:翼 ∵認∴1梶驚掘 °r brfeture oЮ ∝euns h an amOu 馴:艦轟 iliFl'ぶ話紫『識 ∫r犠躍 Wta橘 30訃 ,118‰計棚 ,電品認器脂臨講t轟濯 Adver3● Changl A rngt●■日! adVerse change occurs in Boriower3 1nanCial condition, o「 Lender believes lhe p「。sped of pa"enl o,perrOmance。「,his Note is impaired 瀾 il欄貫習麓t思 :L計器 ιttF浩譜t糊品Pe鵬躙絶肥胤繁蹄ぶ乱膜棚T電出電冊ま帽ぼ需尉 A●ORNⅣ9 FEEs EXPENSES tett may nЮ σ paysomoono d“糖|:L稲露:1:鍔 :糖露曹鷺驚 '汎鳳殿鵠駅[暑tenderthat amount This incndcs,subleclto anソ「mlls under applcabl● L●an N●:3164411 PROMISSORY NOTE (COntinued)Page 2 not lh.ro b E lawsuli, lncluding withoul llmilalion all attomeys'feeB aId l€lal expdrs€! tor benkruplcy proc..diog6 (lncluding ofto/ts to modlfy or vacate any automatic stay or iliunc on). and appeals. lf not prohibited by spdlcabl€ la$/. gorrcwsr slso will pay any court cgstg. in addllo;lo all olhe, 6(,ns p6vid6d by law. JURY lvafvER. L.lrde. !6d Borowsr herlby r.iv€ th. rlght to rny lury HaI ln .ny .cdon, procc€d,h€, or counierclaih broulht by clthlr Llnda.ot Borrowaa rgrlnsl th. otfier. GOVERXII{G LAw' Thl! ,{oL wlll b. governad by frdat.l l.w rppllc.bl. lo L.ndlr .hd, Io lhr ollont not praampt.d by tad.r.l lau, the L.wr otth. Stat6 of lndlan. wllftoul ,Egrrd to lts conftct! ol law provlsbns. Thl! Note has bE.n rcc.ptad by L6rder tn tha Stals ol lndl.nr. RIGHT O€ AEIOFF. To lhe exlent p€rmilted by applicaHe law, L€ndsr regerves B rjght of setorf ln 6ll Sonowe/s accountg wtth Lendar (s/helher checkjng, 3avings, or Eom€ olhar accoonl). This hdudes all acaoun(s Bo owe' holds iolntly with 3onEono alse and all accountE Borro;er rnsv op€n in lhe future. However. this doo3 nol indude any IRA or Keogh accounts, or any tlsl scaounls for whach seloff woold b€ p.ohiblted bilaw. Bonow€r outhorizes Lena,e( to lhe ertenl permitted by apolicable law, to charge o. setofl all sunls owing ol the indrbt6dnEss egalnst aniard sll such Eccounts, and. al Lende/g oplion, to Bdminist ativdy tresze all such ocaounts to allow Lender to protecl Lendetrs ch.rBe ;nd Eetoif.ightr provld.d ln thls Daregr.pfi. AOOmOIAL ASSURAIICE. Borrower 6grsos lo mal6, ere(rrle snd deliver to L€nder such promissory note, rno.tgag6s, deed of trust, secuityagreements. asslgnmenls, llnancing staiements, insfumenb, dodJments and othar agrcgmcnts as LEndea or lls anoaneys may reasonaHir r€quest to evidence and secure lh6 Loans and lo perfect dl Seclrity ln(erests. BUSINESS LOAN AGREEIUEIT. Thls P/snissory Nole ls govemed by a Susiness loan Agreemeol lr6m Bonower to Lender. COLLATERAL Borower acknoltledges this Nole ls gecured by any tnd all other nortgages, a€curity alreernonts, assionmonts, loan agreemenls. pledg€ agaeements 6nd aoy other docrrment or instrumenl evidencing a seclity ialerest or olher lien ln f6vo( of Lend€r and rxecutacl and dolivercd by Bofiower o. any third pariy as 66.urily tor payment ol lhis Noto and/or a! ind€btedaess o, Borrower to Lender, whether contemporaneous with lhe exeoJtion ot t rk Not€ or st Eny olhor time. Collateral securing othor obligalions ol Bonower to Lender m5y elso Becu.s thls Note. FIiAL AGREEi,IEI{T. Thb Not€ and lhe r€lated documenls oot forth lhg entirs agreemenl b€txeen tho partie$ rGgardinq the transaotions conlemplated hgreby and 8up6rcede all prio. agreements, conmltmenis, dlscussions, representations and und€rstEndings, whether writtcn ot oral, and any and ali conlempo€neous oral ag.eements, commitment!, disc:l-rssions, representatiorls and UndeBlsMings between the partieg rolating to the subiact matt6, h6reor. S}IARING IiIFORMATIOIV. Borower heteby authorkes Lender to sha€ all c.edil and fnancial jnformaljon relatjng to Bonows with Lende/s parenl company and wilh any subsidiary o. attillale of Lender or of Lsnd6/s paGnt cofipeny. SUCCESSOR II{IERESTS. Th€ lerrns gf thig Note shsll be binding upon Borrower, snd lpon Borrowe/6 heirs, personel reprEs€ntatves, successo.s and assigns, aad shall lnure tro lhe benerl of Lerier and its 6r]ccessors and assigns. SI{ALL SUSI}IESB JOBS.AC? CERTIFICAION. Th6 following information is rsquested pursuant lo Soctjon ,1107(dX2) of th6 Srnalt guBiness Jobs Act of 2010. As requlred by Section 4i07(d)(2) of the Sm.ll Eusiness Jobs Actof2010. by sigring bdow, Borrower h€roby cortifi€s to Lender lhat the p.incipa,s ot Eorrower 6od its afllliates have nol been convicled of, o. deaded nob aonlendre to, s ser ofenle agihst I minor(a! such t rms ere d.lln.d ln s.cilon 111 ot thc S6x Ofl6ndgr RgElstratlon and Notllicatio.l Act (42 U.S.C. 16911)). The term 'princlpals' for lhe purpose ot lhe Small glsin€3s Jobs Ac1 certilicatioh isd6fh6d as follow6: ifa 6ole proprietorshtp, thB lroprielorl if a padn6rship, €6ch meneging psriner and each padner who ls a natlral person and holdr a 20% or rnor€ owneaship intercst in lhe-paitaership; End if E corporelion, limited liability company. associaljon or e dovelopment compeny, 6ach direclor, €aarr of ths five rrost highly compensetddgxecutivos or ofiicers ot the entity, and eadl naturai poBon $fio is a dir€cl ot indrEct holdar of 2oolo or hor. of th6 o n€rsiip stock oa stock equlvalent of lhe entity. GEIEML PROVISIONS. lf any parl ol lhis Note cannot bo enforced, this fact will not affect lhe resl of lhe Note. L€nder may detay o. ,orgo onforcing gny of ils tights or remedies under this Note withoul loslng Uiem Bofmrvor and any olher psson who signs, guarantees oiendorsisihis NoIe, to lhe ertenl allowed by law, waive presentment, demand for payment. and nothE ol dishonor. Upon ent cha;ge in the terms of thlsNote, and unl€ss otherwise €xprsrsly statod in writing, no party who signs thi6 Note. whelher as maker, guarantdr, acc;mmodation maker or ettdorser, .shall be rel€as€d from llability. AI sudr parti€s agr8e tliat Lende. may ron€w or extend (repeatedly and for any length of fim;) thisloan or r€l6as€ any pa.ly or gua.snl,or or colhleral; oi impair, fail lo reaiizo lpon or perfect Lende,'s security interBst in tr; cot_lgteraii and'takeany other aclion d€Emed necessary by Ldnd€r wlthout tr|e consenl of oa nolice to snyone. All such pedies_also agrcE that Lender may modlfythis ioan rvithoul the consenl ot or notice to gnyon€ olher than lhe party with whom lh6 modification is mad€. Tha ob gations u.d6r t'his NoI; arE ioint and several. PRIoR To slGNltlc THls iaoTE, aoRRowER REAo AIo U[DERsrooO ALL THE PRovlstoNs oF THIII oTE. aoRROlAtR AGREES TO tHETERTIS OF ?HE I{OTE. EORROWER ACI$IOIT'LEOGES RECEIPT OF A COMPLEfEO COPY Of THIS PROMISSORY }IOTE. BORROISER: Loan No:3164411 PROMiSSORY NO丁E (COntinued)Page 3 LENDER: 多′,7`` Seferenc€s in the bores above are ,or Lende/s use only and do not limit the appllcabttity of ttris aoiumentTffi PROM:SSORY NOTE Lender:Borrower: RCS Holdings X∥:,LLC l1550N.Merldian Street,Ste l10 carrne:′lN 46032-6957 and KeVin J.Merritt l1550N.Meridlart street,Ste l10 Carmet,N46032`957 prlncipal AmOunt:51,680,000.00 F:rst Merchants Bank,Nati●nal AssociatiOn Muncie Main Brantlh 200E.Jackson street Muncie,:N47305 Date of NOte:Jttne 29,2012 Maturity Date:Apr∥13,2017 PROMISE TO PAY. RCS Holdlngs xlll, LLC and Kevln l. Merritt (hereinafter referred to collectively a5 "gorrower,,) .lointly and severally promise to pay to Flrst Merchant5 gant, National Assoclaflon (,,Lender.), or order, in lawful money of the United States of America, the prlnclpal amount of One Million Slx Hundred Eighty Thousand & 00/100 Dollars 1S1,680,000,00), to8ether wlth lnterest at the rate of Flve and Fo!r-Tentht per€ent (5.40%) (computed on the basis of a 360-day year) on the unpaid principa, balance from Jun e 29,2072, untll paid ln full. PAYMENT. The principal and the aCEregate of the lnterest on the principal will be payable ln 57 equal successlve monthlY in5tallments in the aggregate amount of Eleven Thou5and Six Hundred Twenty-Five & OOaoO Dollars {s11,625.00) each and one flnal payment estimated to be 91,421,7s.07 (see Amortizatlon schedule attached hereto as Exhlblt A). The flrst lnstallment wlll ls due on the 13th day ofAugust, 2012, and subsequent lnstallments wlll be pald on the same day of each su ccesslve mo nth thereafter. gorrower's finalpayment, dueApril 13,2017, willbe for all principal and lnterest not yet pald. FIXED INTERE5T RATE. The interest rate on thl5 Note ls flxed at Flve and Four-Tenths percent (5.40%). INTEREST cAl'cuLATloN METHoD. lnterest on thls Note ls computed on a 385/3Eo basls; thdt is, by applylng the ratio of the lnterest rate over a year of 360 days, multlplled by the out5tanding prlncipal balance, mJltiplled by the actual number of days the principal balance ls out5tandinB. All lnterest payable under thls Note is computed uslng thls method. APPLICATIoN OF PAYMENTS' All amount5 which shall be paid with respect to this Note shall be apptied first to the payment of interest due on the balance of the princlpal sum or so much thereof as shdll from tlme to time remain unpald, second to the principal amount of this Nete whlch may then currentV be due End payable, thlrd to any late charges then due and payable under thls Note and last to any (osts of collection and expenses reimbursable by Bo rrower to l-ender hereunder. PREPAYMEiIT PENAITY. The followlng prepayment penalties 5hall be paid to the Lender in the evert Borrower prepays this Note: (al lf a full or partlal prepayment ls made on this Note prlor to Jun e 29,7013, Borrower shall pay Lender aar emount equal to Five Percent (5%) of the amount prepald; (b) lf a full or parflal prepaymert is made on RCS Holdings X"′LLC kevln l Merritt Promlssorv Note PaBe I of 6 thli Note on or after June 29, 2013 but prior to June 29, 2014, Borrower shall pay Lender an amount equal to Four Percent (4%) of lhe amount prepald; (c) lf a full or partial prepayment ls made on this Note on or after June 29, 2014 butprior to June 29, 2015, Borrower shall pdy Lender an amounl equal to Three Percent (3%) ofthe amount prepald; (d) ifa fullor partlal prepayment ls made on this Noteon or afterJune 29,2015 but p.ior toJune 29, 2015, Borrower shall pay Lender an amount equal to Two Percent (2%) of the a mount prepaid; andlor (el lf a full or partial prepayment is made on this Note on or after lune 29, 2016 but prlo. to April 13, 2017, Eorower shall pay Lendel an amount equ al to One Peraent l1%) of the am ount prepa id. Ear y payments, whether in full or in part, unless agreed to by Lender ln wrltlng, will not relleve gorrower of Borrowe/s obllgation to aontlnue to make payments under thepayment schedule. Rather, early payments wlll reduce the prlncipal b3lance due aod may result in Borrower'r maling fewer payments. Borrower agrees not to gend Leoder payments marled rpald ln tull'l "wlthout recourse", or slmilar languaEe. lf Borrower:eod: such a payment, Lender may accept lt without loging any of Lender's rights under thi5 Note, and Borrower will remain obligated to pay any further amount owed to Lender. All wrltten communlcatlons concernlng disputed amounts, lncludlng any check or other paymeflt Instrument that indi6tes that the payment €onstitutes npayment ln full" ofthe amount owed orthat ls tendered wlth other condition5 or llmitatlons or as full latlstactlon of a disputed amgunt must be malled or delivered to: Farst lvlerchants Bank, ATTN: Loan Oprratlons - Flnal Payment, P.O.8ox7011 Muncie, IN47308. NotwirhstandlnE anythlng to the contrary, no prepaymeot penalty 5hall apply if prepayment is as a result ol Sorrower selllng all of Its interest ln the Collateral to a bona fide purchar!r, IATE CHARGE. lf gorrower fails to pay any amount due hereunder, or any fee ln connection herewith, in full withln seven (7) days after lts due date, Borrower, in each €ase, lhall Incur and shall pay a late charge equal to lhe greater of Twenty-Flve & 0O/100 Dollars (S25.m)or Five Perc€nt (5%) ofthe unpaid amount and an addiflonal tate charge lor purposes of deftavlng the expense incld€ntal to handling on the first day of each successlve calendar month equal to the treater of Twenty-Flve & 00/100 oollars lS25.00) or Fiv€ Percent (5%) of the unpaid amount until such amount has been paid ln full. After acceleratlon of repaymeni of thls Note by Lender, the payment of a la te charge wlll not cu.e or constltute a waiver of any Event ot Default under thi! Note, - - INTER EST AFTER DEFAULT. Upon the occurrence ot dn Event of Default and during the continuauon thereof, ard after matutlty, lncludlng maturity upon eccelerailon, Lender, at it5 optlon, may, [f permhted under applicable law, do one or both of the followlng; (l) lncrease the rate under thls Note to the rate that ls Flve PercEnt (5%l above th€ rate that would otherwlse be paYable hereunder, and {ill add any unpaid accrued Interest to principal and such sum will bear lnterest therefrom unti, pald a the rate provided Ifl this Note (including any lnEreased rate). The inierest rate under this Note will not exceed the maximum rate permitted by applicable law under any clrcumstance5. DIFAU[T. Each of the following shall constit!te an event of default l"Event of Oefault"] under thls Notei Payment Default. gorower fails to make any paymentwhen due under thls Note. Other Defaults, Borrower fails to comply with or to perform any other term, obllgatlon, covenaflt or conditlon contalned ln this Note or ln any ofthe related document5 or to comply with or to perform eny term, obllgatlon, covenant or condition contained ln any other agreement between Lender and Borrower. Default ln tavor of Thlrd Parties. Bonower or any Grantor defaults under any loan, extension of credit, security agreemenl Purdrase or 5ale5 agreement, or any othea agreement, In tavor of any other creditot or person that may materlally affect any of Borrowe/s property or Bonower's ability to repay thls Note or perform gorrower's obli8ations under this Note or any ofthe related documents. False Statementr. Any warranty, represenfatlon orstatement made or furnished to Lender by Eorrower or on Borrower's behalf undEr thls Note or the related documents ls false or misleading in rny material respect, elther now or at the time made or furnished or become5 false or mlsleading at any tlme thereafter. RCS Holdlngi Xlll, LLC XevlnJ. Mer.ln P.gm lssory ,,lote Pege 2 of6 Death or lnsolvency. The dissolutlon of Eorrower (regardles! of whether election to continue is made), any member wlthdraurs from EOfrOwer, or any othea termlnation of Eorrower's existence as a Boing buslness or the death of any member or Borrow€l', the insolvency of Borrower, the appolntment ofa recelver for any part of Borrower's property, any aisignment for the benefit of creditors, Eny type of credltor workout, or the commencement of any pro€eedinB under any bankroptcy or inso vency laws by Or a8ainsl Borrower, credllor or Forfelture proceedinEt, commencement offoreclosure or forfeiture proceed)ngs, whether by ,ludiclal proceedinE, self-help, rep055esslon or any other method, by any creditor of Borrower or by any governm€ntal agency against aoy collateral securing the loan. This lncludes a garnishm€nt of any of Borrower'5 accounts, lndudlng deposit accounts, wlth Lender. However, thl3 Event of Default shall not apply lf there is a good fallh dlspute by Borrower as to the validity or reasonablen€55 of the claim which i5 the basls of the credltor or torfelture proceedlnE and if Borrower glves Lender written notice of the creditqr or forfeitsr€ proceedlng and depo5its wlth Lender monies or a surety bond for the credjtor o. forfeiture proceeding, ln an amoun! determlned by Lender, in lts sole discretion, as beinE an adequate reserve or bond for the dlspute, Events Affestlng Guarantor. Any ofthe precedlnB events occurs wlth respect to any guarantor. endorser. surety, o[ accommodation pany of any of the lndebtedness or any guarantor, endorser, surety, or accommodation pErty dles or becomes incompetent, or revokes or dlsputes the validity of, or liability under, any guaranty of the indebtednes! eviden(ed by this Nqte, Adverse Change. A materlal adverse ciange occurs in Borro$,er's financial condidon, or Lender believes the pro5pect of payment or performanc€ of thls Note is lmpaired. Cure Provlrionr. lf any default, other than a delault in payment ls curable and tf Borrower has not been given a notlce of a breach of the same provlslon of this Note within the precedlnC twe ve {12) months, lt may be cured if Borrower, after Lender Sends wrltten notice to Borrower demanding cure of such default: (1) cures the defau lt within lifteen {15) days; or (2) if the cure requlres more than fifteen (15) dayr, immediately inluates stepg whlch Lender deems in Lender's sole dilcretion to be sufflclent to cure the default and thereafter contlnues and completes all reasonable and necessary steps sufflclent to produce compllance as soon as reasonably practical. LENDER's R,GHTs. Upon default, tender may declare the entire unpaid prlncipal balance underthis Note and ail accrued unPald intetest immedi.tely due, and then Bonower will pay that amount. Under all circumstance5, the lndebtebness wlll be repald without relief from any lodiana or othprvalua on or appraisement laws. ATTORNEYS' FEEs; ExPENsEs. Lender may hire or pay someone el5e to help collect this Note if Borrewer doe5 not pay. Borrowerwlll pay Lender that amount. This inciudes, subject to any limlts under applicable law, Lender,s attorneyslees and LendEt'5 legal expenses, whether or not there is a lawsuit, lncluding wlthout limrtation all attomeys' fees and leBal expenses Ior bankruptcy proceedings (lncluding efforts to modifu or yacate anv automatic stay or lnjunction) and appeals. ltnot prohlblted by appllcable law, Borrower also wlll pay any court costs, in addltion to all oth€r sums provided by law. WAIVER OFIURY TRIAI. EACH Of BORROWER AND I.TNDEB HEREBY WAIVEs ANY RIGHT TO A TRIAL 8Y JURY IN ANY AcrION OR PROCEEDING TO ENTORCE OR DEFEND ANY BIGHTS UNDER THIS NOTE, ANY OTHER tOAN DOCUMENT. ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DETIVE[ED OR WHICH MAY IN TI{E FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING TROM ANY I..ENDING REIATloNsHlP ExlfilNG lN coNNEEIIoN wlTH ANY oF THE FoREGOING/ AND AGREES THAT ANY sUcH AcnoN OR PROC€EOING SHATL SE TRIED BEFORE A couRT ANO NOT BEFOBE AJURY. GOVERNING I.Aw' THIS NOTE SHALL BE A CONTRACT MAOE UNDER ANO GOVERNED BYTHE INTERNAL I.AWS OF THE STAIE OF INDIANA APPLICAELE TO CONTRACI MADE ANO TO EE PERFORMED ENTIRELY W'THIN SUCH RCS Holdings XlU, LLC lGvln r. Merrltt Promllsory Note P.ge 3 of6 STATE,W:THOUT RECARD TO CONFL:CT OFLAWS PR!NC:PLE5. JURS!DCT:ON ANO VENUE.THE BORROWER HEREBY:RREVOCABLγ CONSENTS TO THE EXCLuSIVEluR:SOICr:ON OF ANY STATE OR FEDERAL COuRTIN THE COUNTY ORJUDICIAt DIS￢RICr WHERE LENDER'S OFF:CFS,ND:CATED ABOVE:S LOCATED,PROViDED THAT NOTING CONTAINED:N THiS NOTE WLL PREVENT LENDER FROM BRINGlNG ANV ACriON,ENFORC!NG ANV AWARD ORJUDGEMENT OR EXCERCiS,NG ANVR:GHTS ACAINSTTHE 口ORROWER W:TH:N ANV OTHER COuNは、気 ATE OR OTHEll FORElGN OR 00MESllC JURS:D:CnON.THE BORROWER ACК NOWLE●6ESANDAGRECSTHATTHEVENUE PROViDEDA30VElSTHEMOSTCONVENIENT FORUM FOR BO￢H LENDER AND BORROWER.THE 80RROWER WAIVES ANV OBjECr10N BASED ON A MORE CONVEN:EN7FORUM iN ANY AC口 ON:N、::lUTED UNDER TH:S NOTE OR THE LOAN 00CuMENTS RIGHT OF SETOFF.8orrower agrees that tender has a∥日目hts orset Off and bankers`llem prOv,ded by applicable law・ and in addit〔on theret●・ the Bo「「ower agrees that av any time anv EVent of Default exlsts,the tender mav applv to the pavment of anv lndebtedn“s hereunder,whether o「notthen due,any and a∥baio日 CeS,Credlts, depos,ts2 accounts o「monevs ofBo「rower then●r thereaFter with Lender ADDil￢ONAL ASSuRANCE.Oo「「oweragreesto make,execute and de∥verto Lender such promissOrv acte. mo「tgages,deed of trust,securlty agreements′assignments,flrtancing statements,lnstruments,documents and otheragreements as Lellder orlts attOrrleys mav relsonabiv request to eudence and secure the L●ans and t● perFect a∥Securliv lnterests BuS:NESS LOAN AGREEMENT.This Prom:s50ry Noteis governed by●Bugine55 tOan Agreement frorn BOrrowertO tender and a∥capitalized terms not denned herein sha∥have the meaning ascribed to them in the Buslness Loan Agreement, COLIATERAL.Borrower ackぃ ov.・ ledges this Note is secured by anv and a∥Other rnortgages,security agreements′ aSS18口 ments,loan agreements,pledge agreements and anv other document o「lnstrument evldencing a security interest or other:iellin Favor of tender and executed and de∥vered by Borrower or anv third partv as securitv rOr pavment oFthls Note andノ or a∥indebtedness of Bofrowerto Lendeら whether cOntemporaneous with the execution ofthls Note o「at anv other tine Con3teralsecuttng other obligat ons of Bo「rower to Lender mav lisO secure this Note F:NAL AGREEMENT.This Note and the related d●cuments set forth the entire agreement between the parties regarding the transactions contemplated hereby and supercede all prl●r agreernents,commitments′discuss:ons, representatlons and understandings,whether written or oral,and anv andョ 1:contemporaneous oralagreements, commltments,discusslons,fepresentarOns and understandings between the part!es relaung tO the sublect mater hereof 5HARING:NFORMAT:ON.Borrower hereby atlthor12eS tender to share l∥credit and inanda information relaung to Borrower with Lender's parent cof,panv and with any subsidlary o「ョfrilate oF Lender or oF Lenders parent companv SuCCCS50R:NTERESTS.The terms oFthis Note sha∥be binding upo■8orroweL and upon Bo「rOwer s heirs, per50nal representatives,successors and assigns,ard sha∥inure t口 the benent oftende「and its successors and assigns SMALL BuS:NESS 10BS ACT CERTIF,CAT:ON.The fo∥owing informatlon:s requested Pursuant to SectiOn 4107{d}(2) ofthe Sma∥Buslness Jobs Act or 2010 As required by Section 4107{d,(2)oF the Srrla∥Bus nessJ●bs Ad of2010′by slgning below`Borrower hereby certines tO Lerlder that the p●ncipョ ls of Borrower and its am∥ates have not been convlcted●ιo「Pleaded nolo contendre to,a seメ ofFense against a minorias Such terms are denned ln section lll ●fthe Sex offender Re」stra'On and No■ncaJon Act(42 υ S C 16911))The term・ prindpaに・ Forthe purpose oF the Sma∥Bus,ness,obs Act certincatlon is denned as fo∥ows:if a sole proprietorship.the proρ ′letor,If a po「tnership.each managing partner and each Partner who:s a naturai person and ho!ds a 20%or rnOre ownership RCS H●ldings X"|′LC Кevin,Merntt Prom:ssory Note Page 4 of 6 lnterest ln the partnership;and lF a corporatlon,limlted liョ bility compan、らassodation o「a develoPmentcompanv. each dlrectorl each ofthe Flve most highiv`ompensated executives o「ofncers OFthe entity.and each natural person who is a direct o「lndlrect holder Of 20%or more oFthe ownershiP stock●7 StOCk equivalent ofthe entity GENERAL PROVIS10NS.:F any part ofth15 Note cannot be enforced,this fact w∥inotafFecttherestoftheNote tender mav delav o「forgo enforcing anソ OfitsrlghtsorremedlesunderthisNotewthoutloslngthem Bo「rovver and anv other person who signs,guarantees o「endorses this Note,to the extent a∥owed bylaw,walve presentmenし demand For pavment,and nOtlce of dishonor upOn any change in the terms ofthis Note,and unless otherwise expressiy stated in w「iting,no party who s gns thls Note.whetheras maker,811arantoら accommodation rnaker or endorser,sha∥be released from∥abi"tv A∥such parties agree that Lender mav renew or extend (repeatedlv and for anvlength of ume)thに !oan or release anY party or guarantor or co!lateral,orimpal「,fallto realize upon or perfect tender's secu"ty lnterestln the c●llaterall and take anソ。ther action deemed necessary bv Lender without the consent of口 r not ce to anvone A∥such Parties atso agree that tender may modiFy thi510an Wlthout the consent of or notlce to anYOne otherthan the party with whOm the modllcation is made The obngatl.ns underthis Note areloint and severaL PR10R TO SIGNING THIS NOTE′BORROWER RCAO AND UNDERSTOOD ALLTHE PROViSiON5 0FTHIS NOTE.BORROWER ACREES TO THE TERMS OFTHE NOTE BORROWER ACKNOWLEDGES RECE:PT OF A COMPLETED COPY OFTHIS PROM!SSORY NOTE. 30RROWER: 町 ι LEN DER: lnstr!ment Prepared By:NIchoias M.Tokar DeFur Voran tLP 400S W●Inut street・ Sulte 200 Muncle′tN 47ヨ 05 RCS Holdin3'渕 ll,LLC Kevin J Merritt Prornlssorv Note Poge S oF6 EXHIB「AAMOR■ZAT10N SCHEDutE RCS Holdlngs X∥|,lLC Page 6 of6 Kev:n3Merntt Protts"ry Note A‐l Scrccn」ng Serviccs 260 14th St.SE Naples,FL 34117 (239)434‐7306 DAJoncs99@aol Com Bll To … M。麟 7143 MmonICt Napに FL lnvoice Date Invoice # 5/19/2022 12594 Rcplace 6 'lvall Parels & 5 RoofPaGIs \Mirh R.gula Sqeen On The Pool C8ge. IDstall 2 Nee,I-Lrdwsre Kits Oo The ScreeD Doors O! The Pool Clge ( Includes ILndlcs, Plungers & Bug Swreps) Add On Per Approrzl 2 RoofPmels & I Wdl P8o€l With Regulsr Scrc3tr On Thp Poot C8gs. x- rlrrrnF * 1lO, a ,h *qrz*- A-' **F, -sp-fruz- 14. B.ts fu*W ul CP€D W-zD; Pft=1fol' Lc-= 31' Ar- ご″Чぢ %ミユ ∂ 1重 ″つ PO No Tems Prolect net 7 Quanuty Dascip,tion Rale funount 瞥 72500 7500 16000 TOm1 /亜mb ‰ノくを電ルとた2 Title Resources Guaranty Company To be aftached to and become a part of Policy No.712-0-1760421-'10635 of Title Resources GLraranty Company. Book 5349,Page 3377,ofthe publc Records of cO∥ier, Book 5817,Page 3134,ofthe Pub∥c Records Of cO∥ier, Florida Blank Endorsement lssued By Schedule B, items 28 and 29 are hereby added to read: 28. Code Enforcement Lien recorded in Official Records County, Florida. 29. Code Enforcement Lien recorded in Official Records County, Florida. ALL OTHER MATTERS REMAIN THE SAME AND IN FULL FORCE AND EFFECT. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modity any of the terms and provisions of the policy, (ii) modifo any prior endorcements, (iii) extend the Date of Policy, or (iv) increase the Amount of lnsurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement contols. Otherwise, this endorsement is subject to all ofthe terms and provisions of the policy and of any prior endorsements. IN WITNESS HEREOF, the Title Resources Guaranty Company has caused this Endorsement to be executed by its duly authorized officers under the seal of the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Dated this 813012022 Tit le R e s o urce s Gtrarant! Comp ar,! An Authorized Signature TRCC Form:127 Fior da Blank Endorsement(01′01′2000) 丁lTLE RESOURCES GUARANttY COM PANY Ownefs Policy lssued By: Title Resources Guaranty Company Schedule A File No.: 1760421-10635 Policy No.: 7124-1760421-10635 Address Reference: 71l13 Marconi Court Naples, FL 34114 Amount of lnsurance: $310,000.00 Premium: $1 ,625.00 Date of Policy: Aprn 08,2022 at 9:44 a.m. '1. Name of lnsured: First Merchants Bank, An lndiana State Bank 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: First Merchants Bank, An lndiana State Bank 4. The Land referred to in this policy is described as follows: Lot 39, VERONAWALK PHASE 1A, according to the plat thereof, recorded in Plat Book 41 , Page 1 , of the Public Records of Collier County, Florida. Parcel ldentificationNumber: 79904701203 Countersigned Sunbelt Title Agency 500 North Westshore Boulevard, Suite 850 Tampa, Flodda 33609n-", n/) rr tL/tu11Wq7,J/By: I An Authorized Signature Tltle Resor.rces Guardnt! Compan! TRGC Form No.: 6709schdA Schedule A for ALTA ol.vner's Policy of Tills lnsurance 6-17-06 V ce Ownefs Policy lssued By: Title Resou rces Guaranty Company Schedule B F∥e No:1760421-10635 Policy No.: 7 12-0!17 60421 -1 0635 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees, or expenses that arise by reason of: 1. Any encroachment, encumbrance, violations, variation, or adverse circumstance affecling the Title that would be disclosed by an accurate and complete land survey ofthe land. The term 'encroachment' includes encroachments of existing improvements located on the Land onto ad.ioining land, and encroachments on the Land of existing improvements located on adjoining land. 2. Easements or claims of easements not shown by the Public Records. 3. Any rights, interests, or claims affecling the land which a correct survey would disclose and which are 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 orspecial assessments not shown as liensinthe Public Records orin the records ofthelocal tax collecting authority, at Date of Policy. Any minerals or mineral rights leased, granted or retained by current or prior owners. Taxes and assessments for theyear 2O21and subsequenl years, lvhich are not yet due and payable. Any lien as provided for by Chapter '159, Florida Statutes, in favor of any city, town, village or port autho.ity for unpaid service charges for service by any water, sewer, or gas systems supplying the lands described herein. Covenants, conditions, restrictions, easements and other matters as shown at plat in Plat Book 41, Page 1, of the Public Records of Collier County, Florida. Terms, covenants, conditions, restrictions, easements, assessments, and possible liens created by and set fofih in the Declaration recorded in Official Records Book 3504, Page 1787, of the Puuic Records of Collier County, Florida, and amendments thereto.910 Terms, covenants, conditions, restrictions, easements, assessments, and possible in the Declaration recorded in Official Records Book 3506, Page 903, of the Public Florida, and amendments thereto. Easement granted to Sprint-Florida, lncorporated by instrument recorded in Official 3287, of the Public Records of Collier County, Florida. liens created by and set forth Records of Collier County, Records Book 3416, Page 13. Easement granted to Florida Power & Light Company by instrument recorded in Official Records Book 3450, Page 2622; Official Records Book 3523, Page 318, all ofthe Public Records of Collier County, Florida. '14. Temporary easement granted to Florida Power & Light company by instrument recorded in Official Records Book 3563, Page 4'168, ofthe Public Records of Collier County, Florida. 1 5. Provisions of Ordinance No. 04-27 of The Board of County Commissioners of Collier County, Florida, recorded in Oflicial Records Book 3567, Page 1666, of the Public Records of Collier County, Florida. TRGC Form No.: 6709SchdB Schedule B for ALTA O\,mer's Policy of Title lnsurance 6-17{6 16. Oil, gas and mineral reservations contained in deeds recorded in Official Records Book 3387, Page 1126 and Official Records Book 3576, Page 3154, all ofthe Public Records of Gollier County, Florida. 17. Easement Rights to The Board of County Commissioners of Collier County, Florida, appurtenant to the conveyance of sevver utility facilities as recited in a deed recorded in Offcial Records Book 3581, Page 3571 , of the Public Records of Collier County, Florida. 'l 8. Easement to Collier County as recorded in Official Records Book 3655, Page 2356, of the Public Records of Collier County, Florida. '19. Easement for Cable Television and Communications Service to Time Warner Cable lnc. as recorded in Off cial Records Book 3866, Page 288, of the Public Records of Collier County, Florida. 20. Cost Sharing Agreement as recorded in Official Records Book 501 1 , Page '14'l 1 , of the Public Records of Collier County, Florida. 21 . Ordinance 75-20 (water), 75-21 (trees and 75-24 (zoning) recorded in Official Records Book 619 , Page 1177 , of the Public Records of Collier County, Florida. 22. Final Order establishing Collier County Water District # 7 recorded in Official Records Book 282, Page 976 and amended in Official Records Book 586, Page 1610, all ofthe Public Records of Collier County, Florida. 23. Collier County Ordinance No. 90-87 establishing a regional sewer system and providing for impact fees. 24. Rights of adjoining owners in Party Wall(s) located partly on the land and party abutting property and rights of such adjoining owners in common, with the owner of the land in the roof of such building and in any such appurtenances wttich are susceptible to common use; together with all liability for maintenance, repair and damage with common use entails. 25. Resolution No. 2020-146 recorded in Official Records Book5815,Page1284, ofthe Public Records of Collier Gounty, Florida. 26. The property insured herein lies within the boundaries of the Veronawalk CDD (Community Development District) and is subject to an assessment with an approximate annual installment of $702.'13 which is included in the taxes and which the proposed insured hereby assumes and agrees to pay. 27. Riparian and littoral rights of others orthose appurtenant to the Land. TRCC Form No:6709SchdB Schedule B fo「ALTA Owners P。lcy of T社 10!nsurance 6‐1706 丁1丁 LERESOURCES GUARANW COMPANY Polic、No1 712‐0‐1760421-10635 0WNER'S POLI(〕F OF TITLE INSURANCE (with Flonda Modiflcations) Issued by Title Resources Guaran″Company Any notice ofcleim.nd.ny other notice or st temenl in wriaing required ao be git'en to the Company under thi3 Policy must be given to the Company at the addrcis shown in Section 18 of the Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM CO\ERAGE, THE EXCEPTIONS FROM COVERAGE CC)NTAINED IN SCHEDULE B, AND TUE CONDITIONS, TITLE RESOLTRCES GUARANTY COMPANY, a Texas corporation (the "Company") insrues, as of Date ofPolicy, against loss or damage, not exceeding the Amount oflnsurance, sustained or incurred bv the Iasured by reason oi l. Tide being vested other fian as stated in Schedule A. 2. Any defect in or lien or encurnbmnce on the Title. This Covered fusk 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, incapaciq, or impersonation; (ii) failure ofany pe6on or Entity to hale authorized a transfer or con\eyance, (iii) a document affecting Title not properly created, exeluted, ritnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to poform those acts necessary to create a document bv electronic means authorized by law, (v) a document executed urder a falsified, explred, or othsrwise inralid power of attomev, (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized I law; or (vii)a defective judicial or administrative proceeding. ft) The lien ofreal estate laxes or assessments imposed on &e Title by a govemmental authority due or payable, but mpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circunstance affecting the Title that would be disclosed by an accurate and oomplete land survey ofthe Land. The term "encroachment" includes encroachments ofexisting improvements located on the Land onto adjoining land, and ellcroach$ents onto dle Land ofexisting improvemerLts located on adjoining land. 3 . Unmarketable Title. I 4. No right of access to and from the Land. 5. The violation or enforcement ofany law, ordinance, permit, or governmental regulation (including those relating to building and zoning) r€sticting, rcgulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location ofany improvement erected on the Land; (c) the suMivision of land; or (d) environmental protection if a notice, describing any pa of the Land, is recorded in the Public Records setting forth the riolatiorl or intention to enforce, but only to the extent ofthe violation or enforcement refered to in lllat notice. In Witness Whereof, TITLE RESOIT'RCES GUARANTY COMPANY, has caused this policy to be signed and sealed as of Date of Policy shoun in Schedule A, the policy to become ralid u'hen countersigned by an authorized signatory ol the Company. Tl t le Re sou rce s Gaarant! Cornp.rrry An Authorized Signanre By 9COVERED RISKS (con't) 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 refened to in that notice. The exercise of the rights of eminent dornain if a notice ofthe exercise, describing any part of the Land, is recorded in the Public Records. Aly taking by a govemmental body that has occurred and is binding on the rights ofa purchaser for value without Knowledge. Tide being vested other than as stated in Schedule A or being defective (a) as a result ofthe avoidance in r&ole or in par! or from a court order providing an altemative remedy, of a transfer of all or any part ofthe title to or any interest in the Land occurring pnor to the transaction vesting Title as shown in Schedule A because that pdor tmnsfer constituted a fraudulent or preferential transfer rmder federal banlcruptcy, state insolvency, or similar creditors' rights laws, or 1tr) because the instrument of transfer vesting Title as shou'n in Schedule A constihrtes a prefercntial aansfer qnder federal tankuptcy, state insolvency, or similar creditors' rights laws by reason ofthe failure ofits recording in the Public Records(i) to be timely, or (ii) to impart notice ofits existence to a purchaser for value or to a judgrnent or lien creditor. Any defect in or lien or encumbrance on the Title or other matter included in Covered fusks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date ofPolicy and prior to the recording ofthe deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attomeys' fees, and expenses incurred in defense ofany matter insurod 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 rlill not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or go\ernmsntal regulation3 (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modil! or limit the coverage provided wrder Covered fusk 5. (b) Any governmental police power. This Exclusion I(t) does not modify or limit the coverage provided tmder Covered fusk 6. fughts of eminent domain. This Exclusion does not modift or limit the cor,erage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the lrlsured Claimant; (b) not Knoun to the Company, not recorded in the Public Records a1 Date of Policy, but Knorlrl to the losured Claimant and not disclosed in writing to the Comparty by the Insured Claimant pnor to the date the Insued Claimant became an losured under this policy; (c) resulting in no loss or damage to the Instued Claimant; (d) attaching or qeated subs€quent to Date ofPolicy: or (e) resulting in loss or darnage that would not have been sustained if the lnsured Claimant had paid value for the Title. Any clain:, by reason ofthe operation offederal banlquptcy, state insolvency, or similar creditors' rig)rts laws, that tle bansaation vesting the Title as shour in Schedule A, is (a) a fraudulent conveyance or ftaudulent transfer; or 1-b) a preferential Aansfer for any reason not stated in Covered Risk 9 ofthis policy. A.ny lien on the Title for real estate taxes or assessments im[nsed by governmental authority and created or attachilg between Date of Policy and the date of recording of the deed or other inshument of transfer in the Public Recolds that vests Title as shov,tr in Schedule A. CONDIT10NS l DEnMT10N OF TERMS Thc folloning tcms,tcn uscd h this policy mcan: (a)“Alll∞nt of lnsurancc■Thc amount s●tcd ul Schcdlllc A,as my bc lllcrcascd or decrcascd,endOrscment to tis polioy, lllcrcascd b17 Scc■on 8tbl,or dCCrcascdけ ScdiOns lo md H ofthcsc Conditons "Date ofPolicy": The date designated as "Date ofPolicy" in Schedule A. "Entity": A corporation, padnership, trust, limited liabilit], company, or other similar legal entity. "Insured": The Ins.red named in Schedule A. (i) The term "lnsued" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivom, personal representatires, or next ofkin; (B) successors to an Insured by dissolution, mergex, consolidation, distribution, or reorganization, (C) successors to an Insured by its conrersion to another kind of Entitl ; @) a grantee of an Insued under a deed delivered rithout palment of actual valuable consideration conveying the Title (1) ifthe stock, shares, memberships, or other equity interests ofthe grantee are uholly-ouned by the nam;d Insued, (2) if the grantee wholly o*ns the named Insured, (3) if the grantee is wholly-o*ned by an afiliated Entity ofthe named Insured, provided the affiliated Entity and tlre named Instued are both *holly-owned by the same person or Entity, or (4) if the grantee is a trustee or benefrcia.r, of a trust created by a \rritten instrwnent established bl the Insued named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) res€rving, however, all rights and defenses as to any :uccessor that the Company would have had against any predecessor Ilsured. "lnsured Claimant": An Insued claiming loss or damage. "Kaowledge" or "Known": Actual Lrlo*ledge, not constructive knorvledge or notice that may be imputed to an Insured by reason ofthe Public Reoords or any other records that impart constructive notice ofmatters affectrng the Title. "Land": The land described in Schedule A, and affrxed improvements that by lau'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, o! easernent in abutting streets, roads, avenues, alleys, lanes, Eavs, or [ater$ays, but this does not modiry or limit the extent that a right ofaccess to and from the Land is insued by this policr". (1I) "Modgage": Mortgage, deed of trust, trust deed, or other securi[ instnunen! including one eviJenced by electlooic means authorized bylaw. (i) "Public Records": Records established urder state statutes at Date of Policl for the ptrpose of imparting constructive notice of matters relating to real property to purchasers for value and \,lithout Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental plotection liens filed in the records of the clerk of &e United States Distdct Court for the distxict where the Land is located. () "Title": The estate or inlerest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that $ould permit a prospcctive purchaser or lessee of the Title or lender on the Title to be released from the obligation to puchase, lease, or lend if there is a contractual condition requidng the delivqy of marketable title. CONTII\UATION OF INSI,IRANCE The coverage of this policy shall continue in force as ofDate ofPolicy in favor of an Insured, but only so long as the Ilsured retains an estate m interest in the Land, or holds an obligation secured b1 a purchase money Mortgage given by a purchaser ftom the Instred, or only so long as the Insured shall have liabilitl by reason of*ananties in any transfer or conr,eyance ofthe Title. This policy shall not continue in force in favor ofany purchaser from t}le Insured ofeither (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE CTI'EN BY INSTJRED CLAIMANT The Iasrued shall notify the Company promptly in $riting (i) in case ofany litigation as set forth in Sectlon 5(a) ofthese Conditions, (ii) in case Knowledge shall come to an lnsured herermder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Compaly may be liable b-v virtue of this policy, or (rii) ifthe Title, as insured, is rejected as Unmarketable Title. lf the Companv is prejudiced by the failure ofthe Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant r.mder the policy shall be reduced to the €xtent ofthe prejudice. PROOF OF LOSS In the event the Company is unable to determiae the amourt of loss or damage, the Company ma], at its option, require as a condition of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the deiect, lien, encurrbt:ance, or odrer matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis ofcalculating the amount ofthe loss or damage.43 COIIDITIONS (con't) DEFENSE AND PROSECI-TTION OF ACTIONS (a) Upon Britten request by the lnsued, and subject to the options contained i[ Section 7 of these Conditions, the Company, at its oym cost and without rmreasonable dela1, shall provide for the defense of an Insured in litigation in which any tlird 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 rlle 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 ofany other cormsel. The Company u'ill not pay any fees, costs. or expenses incurred b5r the Insured in the defense of those causes ofaction that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its o$ar cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company rnay take any appropriate action under the terms of this policl, whether or not it shall be liable to the lnstued. The exercise ofthese rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whanever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a hnal determination by a court of competent jruisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adversejudgment or order. DUTY OF INST]RED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Companl' to prosecute or proride for the defense of any action or proceeding and any appeals, the Insured shall secure to the Compan-v the right to so prosecute or proride defense in the action or proceeding, including the right to use, at its option, the name of the lnsured for this prupose. Whenever requested by t11e Company, the Insrued, at the Company's expense, shall give the Company all reasonable aid (i) in ;ecuring evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other laufitl act that in the opinion ofthe Company may be necessary or desirable to establish the Title or an] other matter as insured. Ifthe Company is prejudiced by the failure of lhe lnsured to ftu-nish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liabilitl or obligation to defend, prosecute, or contirue any litigation, rith regard to the matter or maners requiring such cooperalron. (b) The Company may reasonably require the hsured Claimant to submit to examination rmder 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 ofthe Company, all records, in rlhaterer medium maintained, including books, Iedgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and lideos uhether beadng a date before or after Date ofPolicy, that reasonably pertain to the loss or damage. Ftrther, ifrequested by any authorized representative of the Company, the Inswed Claimant shall grant its permission, in rrriting, for any authorized representative ofthe Company to examine, inspect, and copy all ofthese records in the custod) or control of a third partl that reasonably pertai[ to the loss or damage. All information designated as confidential by the Insured Claimant pro lided to the Companv pursuaat to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessan in the administration of the claim. Faihue of the Iaswed Claimant to submit for examination tmder oath, produce any reasonably requested information, or grant permission to sectue reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govemmental regulation, shall terminate any liabil! ofthe Companv under t]ris policy as to that claim. OPaIIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case ofa claim under this policy, the Company shall hare the follo*ing additional options: (a) To Pay or Totder Pal,rnent of the Amormt of Instuance. To pa) or tender pa]"rnent of the Amourt of Inswance rmder this policy together with any costs, attomeys'fees, and expenses incurred by the Insured Claimant that *ere authorized by the Company up to dre time ofpayment or tender ofpayment and that the CompaaY is obligated to pay Upon the exercise by the Companv of this option, all liability and obligations of the Company to the lnsu:ed urder [ris policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (t) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Iasured Claimarlt. (i) to pay or otheruise settle with other parties for or in the name of an Insured Claimant any claim inswed against under this policy. In addition, the Company will pay any costs, attomeys' fees, and expenses incurred lry the Ilsrued Claimant that were authorized by the Company up to the time ofpa]"rnent and that the Company is obligated to pay; or (ii) to pay or othertise settle with the Insued Claimant the loss or damage prorided lor uder dris policy, together with any costs, attomeys' fees, and exp€nses incured by the Insured Claimant that irere authorized by the Company up to the time ofpayment and that the Company is obligated to pay7 CONDITIONS (con't) Upon the exercise by the Company ofeither ofthe options provided for in suboections @)(i) or (ii), the Company's obligations to the Insured nnder this policy for the claimed loss or damage, other than the palments required to be made, shall terminate, including any tiability or obligation to defend, prosecute, or continue any litigation. 8, DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indernnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liabihty of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount oflnsurance; or (ii) the difference between the value ofthe Title as insured and the value ofthe Title subject to the risk insured against by this policy. (t) Ifthe Company pursues its rights under Section 5 ofthese Conditions and is unsuccessful in estat,lishing the Title, as insured, (i) the Amourt oflnsurance shall be increased by l0%, and (ii) the krsured Claimant shall hare the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability rmder (a) and O), the Company uill also pay those costs, attomeys' fees, and expenses incurred in accordance with Sections 5 and 7 ofthese Conditions. 9, LIMITATION OF LIABILITY (a) Ifthe Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack ofa right ofaccess to or from the Lan4 or cures the claim of Unmarketable Title, all as insued, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fullv performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the hsured. (r) In the event ofany litigation, including litigation by the Company or rith the Company's consent, the Company shall have no Iiability for loss or damage urtil there has been a lnal determination by a court of competent juisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabilirl" voluntarily assumed by the Insured in settling any claim or suit without the prior $ritten consent ofthe Company. 10, REDUCTION OF INSURANCE; RXDUCTION OR TERMINATION OF LIABTLITY All pal,rnents under this policy, except payments made for costs, attomevs' fees, and expenses, shall red uce the Amowt oflnsurance by the amount ofthe pa),ment. I1- LIABILITY NONCT'MULATryE The Amount of Insurance shall be reduced bl any amotmt the Company pals under any policy insuring a Mctgage to which exception is taken in Schedule B or to uhich the Insured has ag'eed, assurned, or taken subject, or *hich is exeouted by an Insured after Date of Policy and lvhich is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insued under this policy. 12. PAYMf,NT OF LOSS When liability and the extent of loss o! damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. I 3 , RIGHTS OF RECOVERY I]PON PAYMENT OR SEITLEMENT (a) Wh€never the Company shall have settled aod paid a claim uder this policy, it shall be sub,rogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or propelty, to the extelt of the amount of any loss, costs, attomeys' fees, and expenses paid by the Company. If requested by the Company, the hrsured Claimant shall execute doouments to evidence the transler to the Company of these rights and remedies. The lnsured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name ofthe Insured Claimant in any transaction or litigation involving those rights and remedies. If a pa)"rnent on account of a claim does not fully cover the loss of the lnsured Claimant, the Coml)any shall defer the exercise of its right to recover until after 0te lnsued Claimant shall hare recovered its loss. (b) The Company's right of sub,rogation includes the rights of the Insured to inderrufties, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instuments that address subrogation rights. CONDITIONS (con't) 14, ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbikation Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or olaim. Arbitrable matters may include, but are not limited to, any controveGy or claim between the Company and the Insured adsing out ofor relating to this policy, and service ofthe Company in connection with its issuance or the breach of a policy provision or other obligation. A-rbitration pursuant to this policy and turder the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date ofPolicy shatl be binding upon the parties. The atard may include attomeys' fees only if the laws of the state in which the Land is located permit a court to atrard attomeys' fees to a preraililg party. Judgment upon the award rendered by the Arbitator(s) may be entered in an-v court having jurisdiction thereof. The law ofthe situs of the land shall apply to an arbitmtion under the Title lnsurance Arbitration Rules. A copy ofthe Rules may b€ obtained from the Company upon request. 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together uith all endorsements, if a[]-, attached to it by the Company is the entire polcy and contract between the Insured and the Company. In interpreting any pror"ision ofthis polioy, this policy shall be construed as a utole. (b) Any claim of loss or damage that arises out ofthe stahrs ofthe Title or b-v any action asserting such claim *tether or not based on negligence shall be resb:icted to this policy. (c) Any amendment ofor endorsement to this policy must be in writing and authanticated b1'an autJrorized person, or expressly incorporated by Schedule A ofthis policv. (d) Each endorsement to this policy issued at an-y time is made apart ofthis policy and is subject to alL ofits terms and provisions. Except as the endorsement expressly states, it does not (i) modit\ anv ofthe terms and provisions ofthe policy, (ii) modi$ any prior endorsement, (iii) extend the Date ofPolicy, or (iv) increase the Amormt oflnsurance. 16, SEVERABILITY In the event any provision ofthis policy, in whole or il part, is held inralid or tmenforceable wrder applicable [aw, the policy shall be deemed not to include that prorision or such part held to be inralid, but all other provisions shall rernain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice ofLaw: The Insured acknowledges the Company has underuritten the risks covered by thrs policy and determined the prernium charged therefore in reliaace upon the larv affecting interests in real property and applicable to the ilterFetation, rights, remedies, or enforcement ofpolicies oftitle insurance o f the j ruisdiction u'here the Larld is located. Therefore, the court or an albitator shall apply the larv of the jurisdiction uhere the Land is localed to determine the validity of claims against the Title that are adverse to the Insured and to interpret and snforce the terms of this policy. Irl neither case shall the court or arbitator apply its conflicts oflaw principles to determine the applicable lau,. (b) Choice of Forum: Any litigation or other proceeding brought bv dre lnsured against the Company must be filed only in a state or federal cout within the United States of America or its tenitories having appropriate jurisdiction. 18, NOTICES, WHERE SENT Any notice of claim and any other notice or statement in $ritrng required to be given to the Company under this policy must be given to t}Ie Company at 8l 1 I LBJ Freeray, Ste. 1200, Dallas, TX 75251, Phone: 800-526-8018 or trgcclaims@trgc.com.