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2023-06-15 V. A. #23-003-TRC, Special Warranty Deed M i v, This Document Prepared by: Michael B. Johnson,Esq. MCCATHERN MOOTY I GRINKE,L.L.P. 3710 Rawlins, Suite 1600 Dallas,Texas 75219 FILE NUM 2011006369 OR BK 00702 PG 1302 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/28/2011 01:50:19 PM And send tax statements to: AtlT 125,000.00 RECORDING FEES S69.50 William R. Grigsby, Jr. DEED DOC $875.00 518 Bear Road RECORDED BY N Pinon Pas 1302 - 1309; (8aas) Lake Placid, Florida 33852 Parcel ID No. R3-15-37-35-0210-00010-0010 Documentary Stamps: $875.00 Asset No. 10216068706 Co monwea GF# ry,•,0 14(0,� � 1209& 1221 NE Park St,Okeechobee FL lthSPECIAL WARRANTY DEED This Special Warranty Deed is dated as of the 23rd day of June,2011,by the FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF RIVERSIDE NATIONAL BANK OF FLORIDA,whose address is 1601 Bryan Street, Energy Plaza, Dallas,Texas 75201 (hereinafter called "Grantor")to WILLIAM R. GRIGSBY,JR.,an individual, whose address is 518 Bear Road,Lake Placid,Florida 33852(hereinafter called "Grantee"). Grantor, for and in consideration of the sum of $125,000.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby GRANTS, BARGAINS,SELLS, ALIENS, REMISES, RELEASES, CONVEYS and CONFIRMS unto Grantee the following described real property known as 1209 and 1221 NE Park Street,Okeechobee,Okeechobee County, Florida(the "Property"): See Exhibit"A" attached hereto and incorporated herein for all purposes. This conveyance is made subject and subordinate to all easements, rights-of-way, encumbrances,exceptions,covenants,conditions,restrictions,encroachments,reservations,access limitations and all other matters filed of record as of the date hereof(collectively, the "Permitted Exceptions"),but only to the extent such Permitted Exceptions affect or relate to the Property,and without limitation or expansion of the scope of the special warranty herein contained,and reference herein to the Permitted Exceptions shall not serve to reimpose same. SPECIAL WARRANTY DEED—Page 1 Return To: Lawyers/Commonwealth Land Title 2400 Maitland Center Parkway STE-200 Maitland,FL 32751 Attention: Myrna H.Small File No. TFlo- give_ .. Book702/Page1302 CFN#2011006369 Page 1 of 8 TO HAVE AND TO HOLD the Property,subject to the Permitted Exceptions as aforesaid, unto Grantee,and Grantee's successors and assigns,forever;and Grantor does hereby bind Grantor, and Grantor's successors and assigns,to warrant and forever defend,all and singular,the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by,through or under Grantor, but not otherwise. BY ACCEPTANCE OF THIS DEED,GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY,OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY(OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE PROPERTY IS CONVEYED"AS IS"AND"WITH ALL FAULTS",AND GRANTOR EXPRESSLY DISCLAIMS,AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED,ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED(EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED)CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY,HABITABILITY,MARKETABILITY,PROFITABILITY,SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY,(iii)THE MANNER OF REPAIR,QUALITY OF REPAIR,STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS,AND(iv)ACCESS. GRANTEE HAS MADE ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY GRANTEE. GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT RELYING ON ANY INFORMATION PROVIDED BY GRANTOR IN DETERMINING THE PROPERTY CONDITION. BY ACCEPTANCE OF THIS DEED, GRANTEE SPECIFICALLY ASSUMES ALL RISK,COSTS AND LIABILITIES OF WHATEVER NATURE ARISING OUT OF THE CONDITION OF THE PROPERTY. Grantee, by its acceptance hereof, does hereby assume and agree to pay any and all ad valorem taxes and special assessments pertaining to the Property for calendar year 2011 and subsequent years,there having been a proper proration of ad valorem taxes for the current calendar year between Grantor and Grantee. Pursuant to 12 U.S.C. §1825(b)(3), the Federal Deposit Insurance Corporation is not liable for any penalties, fines, fees or court costs resulting from the failure of any person to pay any real property tax,personal property tax,probate or recording tax or any recording or filing fees when due. SPECIAL WARRANTY DEED—Page 2 Book702/Page1303 CFN#2011006369 Page 2 of 8 In Witness Whereof, Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF RIVERSIDE NATIONAL BANK OF Vara 1Q _ FLORIDA Witness Signature ;� Printed Witness Name: Myhre -Dave. .dr C� Printed N. • s'�`:';f�-P. . . Wi..- ss Si re Title: iiITTOMELT ace MGT ' meted Witness Name: grh 12• Silvkrl STATE OF F'IQf i QB__ § COUNTY OF flhi M j § The foregoing insent was acknowledged before me this5day of Su n,a. 2011, by D1.iti pe J IJQ c-P I l , ,of the FEDERAL DEPOSIT INSURANCE CORPO F RIVERSIDE NATIONAL BANK OF FLORIDA, who i rsonally known t e or who have produced as identi ication. [Seal] -7142141 NOTARY PLBLICSTATE OF FLORIDA 1t- itAitelAL-616M- NOTARY P LIC-STATE OF ' • Kathryn F Swanson My Commission Expires: /a. v7l rap/4/ _ Commission i EE047379 ,����,. Expires: DEC.07,2014 80}IDLD TH8n ATLANTIC mono came. SPECIAL WARRANTY DEED—Page 3 U:\_Cases\Cases\Park Street-10216068706-Closing Docs\Florida Special Warranty Deed.doc Book702/Page1304 CFN#2011006369 Page 3 of 8 EXHIBIT A Legal Description All of Lots 1 through 12, inclusive, lying North of North Park Street (a/k/a S.R. 70 f/k/a Fort Pierce Road) as now constructed, in Block 4, PRICE ADDITION TO OKEECHOBEE CITY, according to the plat thereof recorded in Plat Book 2, Page 17, of the public records of Okeechobee County, Florida. -AND- The alley in Block 4, PRICE ADDITION TO OKEECHOBEE CITY, according to the plat thereof recorded in Plat Book 2, Page 17, of the public records of Okeechobee County, Florida, lying between Lots 1 through 6 and 7 through 12, as vacated by Ordinance recorded in Official Records Book 359, Page 830, Public Records of Okeechobee County, Florida. -AND- The street known as Northeast 2nd Street (f/k/a Center Street) as it runs East from Northeast 12th Avenue to Northeast 13th Avenue, particularly located North of Block 4, PRICE ADDITION TO OKEECHOBEE CITY, according to the plat thereof recorded in Plat Book 2, Page 17, of the public records of Okeechobee County, Florida, as vacated by Ordinance recorded in Official Records Book 359, Page 830, Public Records of Okeechobee County, Florida. Tax Parcel ID No. R3-15-37-35-0210-00010-0010 Commonly known as 1209 and 1221 NE Park Street,Okeechobee, Florida 34972 EXHIBIT A, Legal Description—Solo Page L:\Data\Commercial\Title Work\Prescient\Prescient- 1209& 1221 NE Park St.,FL GF#2228003703\Florida Special Warranty Deed.doc Book702/Page1305 CFN#2011006369 Page 4 of 8 Doc • 2010132265, OR BR 15269 Page 1125, ltumbar Pages: 4, Recorded 06/09/2010 at 01:05 DM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $35.50 Prepared by:Renee Marie Arsujo,Esq. FDIC East Coast Temporary Satellite Office 7777 Baymeadows Way West Jacksonville,FL 32256 (Libra Neat Anew He U.ter naeenalas I.a. a*M) (Spa.above deb sae wog be se 11a031rato) LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL DEPOSIT INSURANCE CORPORATION, a Corporation organized and existing under an Act of Congress,hereinafter called the"FDIC,"acting in its Receivership capacity or separate Corporate capacity or as Manager of the FSLIC Resolution Fund has acquired and will acquire certain assets for liquidation and has determined that it is necessary to appoint a representative to act on its behalf in connection with The maintenance and liquidation of said assets,hereinafter called the"Acquired Assets." WHEREAS, the FDIC desires to designate DWAYNE D. BARFELL as attorney-in-fact for the limited purpose of facilitating the management and disposition of the Acquired Assets;and WHEREAS, the undersigned has full authority to execute this instrument on behalf of the FDIC under applicable Resolutions of the FDIC's Board of Directors and redelegations thereof. NOW,THEREFORE,the FDIC appoints DWAYNE D. BARFELL as its true and lawful attorney-in-fact to act in its name,place,and stead,and hereby grants DWAYNE D. BARFELL the authority,subject to the limitations herein,as follows: (I)Sign,seal and deliver as the act and deed of the FDIC any instrument in writing,and to do every other thing necessary and proper for the collection and recovery of any and all monies and properties of every kind and nature whatsoever for and on behalf of the FDIC and to give proper receipts and acquittance therefor in the name and on behalf of the FDIC; (2)Release,discharge or assign any and all judgments,mortgages on real estate or personal property,including the release and discharge of the same of record in the Official or Public Records of the Clerk of any Circuit Court or any other official public records or registries,wherever located,where payments on account of the same in redemption or otherwise may have been made by the Limited Penn of Attorney-OWAYNK O.?Mitt-CLL. Page 1 ore Book702/Page1306 CFN#2011006369 Page 5 of 8 • OR aK 15269 PAGR 1126 debtor(s), and to endorse receipt of such payment upon the records in any appropriate public office; (3)Receive,collect and give all proper acquittance for any other sums of money owing to the FDIC for any Acquired Asset which the attorney-in-fact may sell or dispose of; (4)Execute any and all transfers and assignments as may be necessary to assign any securities or other chosen in action; (5) Sign, seal, acknowledge and deliver any and all agreements, easements,or conveyances as shall be deemed necessary or proper by the FDIC attorney-in-fact in the care and management of the Acquired Assets; (6)Sign,seal,acknowledge and deliver indemnity agreements and surety bonds in the name of and on behalf of the FDIC; (7)Sign receipts for the payment of all rents and profits due or to become due on the Acquired Assets; (8)Execute,acknowledge and deliver deeds of real property in the name of the FDIC; (9) Extend, postpone, release and satisfy or take such other action regarding any mortgage lien held in the name of the FDIC; (10)Execute,acknowledge and deliver in the name of the FDIC a power of attorney wherever ner.ccary or required by law to any attorney employed by the FDIC; (11) Foreclose any mortgage or other lien on either real or personal property,wherever located; (12) Do and perform every act necessary for the use, liquidation or collection of the Acquired Assets held in the name of the FDIC; (13)Sign,seal,acknowledge and deliver any and all documents as may be necessary to settle any action(s)or claim(s)asserted against the FDIC,either in its Receivership or Corporate capacity, or as Manager of the FSLIC Resolution Fund. This Power of Attorney shall be effective October 26,2009,and shall continue in full force and effect through October 25,2011,unless otherwise terminated by any official of the FDIC authorized to do so by the Board of Directors of the FDIC. Limited Power of Attorney-DWAYNE D.BARF►.LL Pear 2 of 4 Book702/Page1307 CFN#2011006369 Page 6 of 8 OR BK 15269 PAGE 1127 IN WITNESS WHEREOF.the FDIC,by its duly authorized officer empowered by appropriate resolution of its Board of Directors,has caused these presents to be subscribed in its name this tr_7 day of June,2010. FEDERAL DEPOSIT INSURANCE CORPORATION /By: Name:MICHAEL .OD EE Title: Manager of Cu mer Service- East Coast Temporary Satellite Office 7777 Baymeadows Way West Jacksonville,FL 32236 Signed In the presence of: Witness: Printed Na-m . Witness:- — Printed Nartle.: Sa.JAtet}_.LS. e STATE OF FLORIDA ) COUNTY OF DUVAL On this 'Qr' day of June,2010,before me,a Notary Public in and for the State of Florida appeared MICHAEL CODY LEE,to me personally known,who,being by me first duly sworn did depose that he/she is Manager of Customer Service, East Coast Temporary Satellite Office of the Federal Deposit Insurance Corporation (the "Corporation"), in whose name the foregoing Limited Power of Attorney was executed and subscribed, and the said Limited Power of Attorney was executed and subscribed on behalf of the said Corporation by due authority of the Corporation's Board of Directors,and the said MICHAEL CODY LEE, acknowledged the said Limited Power of Attorney to be the free act and deed of said Corporation. [PLACE NOTARY SEAL BELOW HERE] ,., mTWC411111 NotaryPubliy4.—) --- ! ONIMEMOODIEllas yr WM: ETZE Printed Name of Notary: !;704'Y C • aerosritheeaWorm Commission _ Q �;9 --- My Commission expires: /e, is.7/2.t1___ Limited Power or Attorney-DWAYNE D.BARFELL Pape)of Book702/Page1308 CFN#2011006369 Page 7 of 8 OR BtC 15269 PAGE 1128 STATE OF FLORIDA } COUNTY OF DU VAS. 1 On this R day of lune,2010,before me,a Notary Public in and for the State of Florida appeared w. rGNO _____ (witness #1) and Sastu' I R uy 1E (witness #2), to me personally known to be the persons whose tames arc subscribed as witness to the foregoing instrument of writing,and after being duly sworn by me stated on oath that they saw MICIIAEL CODY LEE, Manager of Customer Service, East Coast Temporary Satellite Office, of the Federal Deposit Insurance Corporation,the person who executed the foregoing instnunent, said had subscribed the same,and that they had signed the same as a witness at the request of the person who executed the same. [PLACE NOTARY SEAL BELOW HERE) Notary Public C Printed N e o otary: 44i.f r'illiai aaia° Commission No.; i�r Nmite o�er ams My Commission expires:j_242 4.5 *pia XI tylli IONA STOE Of FLORID. CirruN tatitt,gwyal twit OUV10.COUNry at the 1°relaiat is a tru° 1,1ttE{1MOENSIGMEO Clara the within and rd and µt° NEAEt1y CE1tia{Dnai as+t aDNacs an raco Florida.� al iha � ircutt Caycl at Duvat toriaty, and correct eopY Ctark al C a11acL n tge nllicn of the Is m tuU locee aab tin sit rood Q1 /Wide,and the same �.q1 Clan tit ettb. W1IMESS my hand In misdthe z/t d JIM LER iacpsunviUe, ilonda, t Courts rtuit and County Clark Ural Cows.Tr- Qt by �grrM GUMrllk Limited Power or Aitom y-OW AYNL D.MARVELL raga 4 of 4 Book702/Pagel 309 CFN#2011006369 Page 8 of 8