COMMITMENT SCHEDULE A EFFECTIVE DATE:March 6, 2017 at 07:00 AM Inquiries should be directed to: 1. Policies to be issued: Amount (a) ALTA Owner's Policy ALTA Owner Policy(6/17/2006) Proposed Insured: TBD (b) ALTA Loan Policy ALTA Loan Policy (6/17/2006) Proposed Insured: TBD 2. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 3. Title to said estate or interest in said land is at the effective date hereof vested in: Bank of America, N.A. 4. The land referred to in this Commitment is described as follows: LOT 2, BLOCK 1, SUNTREE PLANNED UNIT DEVELOPMENT STAGE 4, TRACT 31, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 32, PAGE 51, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA END OF SCHEDULE A This commitment is not an abstract, examination, report, or representation of fact or title and does not create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort claim or action. The sole liability of Company and its Title Insurance Agent shall arise under and be governed by paragraph 3 of the Conditions.
COMMITMENT SCHEDULE B - SECTION I The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. 1. Special Warranty Deed from U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee to TBD 2. Mortgage from TBD to TBD, securing the principal amount of $ B. Affidavit from the seller and the borrower stating: 1. That there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of instruments giving rise to the interest to be insured. 2. That the affiants have not executed and will not execute any instruments that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment. 3. A sample form of this affidavit is attached. C. The closing funds pertaining to the transaction must be disbursed by or at the direction of the insurer or its agent. D. An updated title examination, commencing as of the effective date of this Commitment, which shall be performed at or shortly prior to the closing of the transaction, should not reveal any title defects or other adverse matters appearing should be disposed of prior to closing to the satisfaction of the insurer or its agent. E. Special Warranty Deed to be executed by Bank of America, N.A., conveying the subject property to U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee. F. Satisfactory evidence must be furnished showing that all homeowner association assessments, dues and/or fees, including special assessments or payments due to others such as a master association, are paid in full through the date of the closing. Estoppel Letter to be obtained from Suntree Master Homeowners Association, Inc., formerly known as Suntree Homeowners Association, No. One, Inc.. G. If an instrument will be executed by an attorney in fact under a power of attorney, the Company reserves the right to make further requirements after review of the power of attorney for sufficiency for the transaction to be insured. If the power of attorney is deemed by the Company to be sufficient for the purposes intended, an affidavit by the attorney in fact, must be recorded, together with the power of attorney, stating the mental competency of the principal at the time of signing of the power of attorney and at the time of closing of the transaction to be insured (unless a durable power of attorney is used), that the power of attorney has not been revoked or terminated, and that affiant had not received notice of the death of the principal. The Company reserves the right to make additional requirements or exception after review of the requested documentation. H. Any reference to Official Records or Public Records shall be deemed to be located in the Official Records of the County where the subject property is located. I. The Company reserves the right to add additional exceptions or make further requirements after review of the requested documentation. END OF SCHEDULE B - SECTION I
COMMITMENT SCHEDULE B - SECTION II COMMITMENT NO.: 17-0210H FILE NO.: 17-0210H Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Standard Exceptions: (a) (b) (c) (d) (e) (f) Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands asserted to such lands. 3. Special Exceptions: 4. Taxes for the year 2017 and subsequent years, which are not yet due and payable. 4. Open permits and unrecorded code violations, if any, are neither insured or guaranteed under this commitment or any subsequent Mortgagee Title insurance policy and/or Owners Title insurance policy issued. 5. All matters contained on the Plat of SUNTREE PLANNED UNIT DEVELOPMENT STAGE 4, TRACT 31, according to the Plat thereof, recorded in Plat Book 32, Page 51, of the Public Records of Brevard County, Florida. 6. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund of the State of Florida, recorded under Deed Book 262, Page 253. However, the right of entry and exploration associated with the oil and mineral reservations has been released by Sec. 270.11, F.S. 7. Easement in favor of American Television & Communications Corp. as described in instrument recorded in O.R. Book 2485, Page 2043, of the Public Records of Brevard County, Florida. 8. Easement to Florida Power & Light Company recorded in O.R. Book 2701, Page 499, Public Records of Brevard County, Florida. 9. Resolution by the Board of County Commissioners of Brevard County accepting the Plat recorded in O.R. Book 2747, Page 2563 and O.R. Book 2757, Page 2558, Public Records of Brevard County, Florida. 10. Restrictions recorded in O.R. Book 2368, Page 1026, amended in O.R. Book 2400, Page 1216, O.R. Book 3615, Page 2281, O.R. Book 2689, Page 443, O.R. Book 2722, Page 306, O.R. Book 3016, Page 631, O.R. Book 3023, Page 1836, O.R. Book 3023, Page 3024, O.R. Book 3072, Page 818, O.R. Book 3107, Page 1594 and O.R. Book 3169, Page 4803, Public Records of Brevard County, Florida. 11. Any loss or damage caused by a lien for homeowner's association assessments pursuant to Section 720.3085, Florida Statutes, notwithstanding assurances to the contrary in any attached Florida Form 9 Endorsement or ALTA Form 5 PUD Endorsement. (Affects any loan policy(s) issued pursuant to this commitment)
COMMITMENT SCHEDULE B - SECTION II (Continued) 12. No coverage is given for claims of ownership or riparian rights asserted by the State of Florida to those portions of the insured land that comprise sovereignty lands, including, without limiting, submerged, filled and artificially exposed lands and lands accreted to such land. 13. Subject to the rights of any tenants under the Protecting Tenants at Foreclosure Act of 2009, a part of Public Law 111-22. 14. Rights of lesees under unrecorded leases 15. This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes, including Section 159.17, and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. 16. Any reference to Official Records or Public Records shall be deemed to be located in the Official Records of the County where the subject property is located. Note: FOR INFORMATIONAL PURPOSES ONLY Parcel Identification (Folio) Number: 26-36-14-51-1-2 Homestead Exemption: NONE Ad Valorem Gross Amount: $4,387.93 Taxes Paid for the year(s): 2016 NOTE: The loan policy issued pursuant to this Commitment will have attached a Florida Endorsement Form 9 provided the following conditions are met to the satisfaction of the Company: a. A current survey is reviewed for encroachments and violations of restrictions and setback lines, and if present, determined to be minor. Said encroachments or violations will be listed in Schedule B of the policy. b. A seller's/borrower's affidavit is properly executed by the appropriate parties. NOTE: If a survey is not provided, a Florida Form 9 may still be issued. However, the provisions of paragraphs 1(b)(1), 1(b)(3), 1(b)(4), 3(a), 4 and 5 will be deleted by so noting on Schedule B of the policy. NOTE: One or more of the following endorsements may be attached to the loan policy if applicable and a premium paid therefore: Navigational Servitude Endorsement ALTA 8.1 Environmental Protection Lien ALTA 6 Adjustable Rate Endorsement ALTA 6.2 Negative Amortization Endorsement Revolving Credit Endorsement ALTA 4.1 Condominium Endorsement ALTA 5.1 Planned Unit Development Endorsement END OF SCHEDULE B - SECTION II
COMMITMENT EXHIBIT A - PROPERTY DESCRIPTION COMMITMENT NO.: 17-0210H FILE NO.: 17-0210H LOT 2, BLOCK 1, SUNTREE PLANNED UNIT DEVELOPMENT STAGE 4, TRACT 31, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 32, PAGE 51, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA