Loading...
NAILEN PROPERTIES / GGG, LLP (2) r 1~'` "re aCc y- & IIohl'f'nt•: - - -.--. ` __. Christine M. G,,Mlin Somers Title Company 1290 Court Street KEN BURKE, CLERK OF COURT Clearwater, Fl 33756 PINELLAS COUNTY FLORIDA Phone; 727-441-1.088 Fax: 727-449-1359 INST# 200833669312/18/2008 at 01:50 PM File No. 811008c OFF REC BK: 16454 PG: 1191-1193 DocType:DEED RECORDING: $27.00 D DOC STAMP: $170.10 Warranty Deed This Indenture, made, December -l 2008 A.D. Between Nailen Properties/GGG, L.L.P., an Alabama Limited Liability Partnership whose post office address is: 117 Hidden Glen Way, Dothan, AL 36303 a Partnership existing under the laws of the State of Alabama, Grantor and ....._ _ _ _.w_. ... - __ City of Clearwater, Florida, a Municipal Corporation of the State of Florida whose post office address is: PO Box 4748, Clearwater, FL 337584748, Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and Nall 00 Dollars ($10.00 ), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargamed and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Pinellas. State of Florida, to wit: That portion of Lot 2, COUN'T'RYSIDE VILLAGE SQUARE, according to the map or plat thereof as recorded in Plat Book 92, Pages 7 through %inclusive, Table Curve No, 5, Chord Bearing S73021'51"West, of the Public Records of Pinellas County, Florida, and being more particularly described as follows: Begin at the Northwest corner of Lot 2, Countryside Village Square, Plat Book 92, page 9, as recorded in the Public Records of Pinellas County, Florida, said point also being on the Southerly right of way line or Countryside Boulevard; thence along a curve to the right, an arc distance of 25.48 feet, a radius of 990.00 feet, a central angle of 01°28'29", a chord bearing of N 68030'16" E„ and a chord distance of 25.48 feet, said curve being the Northerly boundary line of said Lot 2, and also the said Southerly right of way line of Countryside Boulevard; thence S 25°59'4,5" E, along a line parallel with the most Westerly boundary line of Lot 2, a distance of 35.86 feet; thence S 64100115" W, a distance of 25.40 feet, to a point of intersection with the most Westerly boundary line of said Lot 2; thence N 25°59'45" W. along the most Westerly boundary line of said Lot 21 a distance of 37.86 feet, to the Point of Beginning. Subject to tuxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 30/28/16/18686/000/0021 Closer's Choke norlda Corporate Deed/Letter And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. Nailen Properties/GGG, L.L.P. j l_ S19 1d and Seale ur Presence: By; C. ailen, Jr. l Itsg Partner w._Pdnl tt...•. b S {Yllaw Palm tt.me: vI?/w/mO?? State of County of l 1V-S7a 11 The foregoing instrument was acknowledged before me this day of December, 2008, by C. Charles Nailen. Jr., Managing Partner of Nailen Properties/GGG, L,L.P., an Alabama Limited Liability Partnership, a Partnership existing under the laws of the State of Alabama, on behalf of the corporation. He/She is personally known to me or has produced driver's license as identification. It o Public S F'1 ry Printed d Name; My Commission Expires::/ % r.4 Notary Seal ` O"r A Q •• 4? 7`9 61`'UB??G.; Pia Closcr'x Choice Florida Corporate Deed/Utter r . i sCo% 1'?-_20' EXHIBIT "A" l^ ~ This is nat a survey NOATI4 J 50 P08 a ao?y NW CORNE - r r 60 OF LOT 2 A5 Lhe??y Dr. & Utility Easement - R a o06N°? I O.R. 5338-1856 NO ?5511 *11 IN N 'o LOT 2 SIT 10 ti of ..N we R E 1K C U N LOT 7` p, G F R ? i0 C?l 1% p119 V S d II 9 2 Legal Description Basis Bearing Reference: per Countryside Village Square, Plat Book 92, Page 9, as recorded in the Public Records of Pinellas County, Florida, Table Curve No. 5, Chord Bearing 573'21'51 "W. That portion of Lot 2. Countryside Village Square, Plat Book 92, Page 9, as recorded in the Public Records of Pinellas County, Florida, and being more particularly described as follows: Begin at the Northwest comer of Lot 2, Countryside Village Square, Plat Book 92, Page 9, as recorded in the Public Records of Pinellas County, Florida, said point also being on the Southerly right of way line of Countryside Boulevard; thence along a curve to the right, an arc distance of 25.48 feet, a radius of 990,00 feet, a central angle of 118'29", a chord bearing of N68'30'16"E, and a chord distance of 25.48 feet, said curve being the Northerly boundary line of said Lot 2, and also the said Southerly right of way line of Countryside Boulevard; thence 525'59'45"E, along a line parallel with the most Westerly boundary line of Lot 2, a distance of 35.86 feet; thence 564'00'15"W, a distance of 25.40 feet, to a point of Intersection with the most Westerly boundary line of said Lot 2; thence N25'59'45"W, along the most Westerly boundary line of said Lot 2, a distance of 37.86 feet, to the PODUGHHECIDOM i, and containing 937.63 square feet, 0.0215 acres, more or less. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT OMrI F ORl 110. ew 20MIS accaa n PUMP STATION 0 ow an' LEGAL DESCRIPTION a' 1 ,ur-irstielo 17/02/00 2535 COUNTRYSIDE BLVD. ao-yes-teE C, NOTE: This form is furnished to give YOU a statement ofacrual settlement costs. Amounts paid to and by Ute ,settlement agent are shown. !tents markea (poc) were paid outside the closing. They are shown here far Wormanonat pur ap sea and are not inetuded in the totals. - City of Clearwater. Florida, a Municpal Corporation of the State of Florida D. Buyer: PO Box 4748 Clearwater, FL 33758.4748 Nailen Properties/GGG, L.L.P., an Alabama Limitied Liability Partnership E. Seller: 117 Hidden Glen Way Dothan, AL 36303 P. ,Lender: 2537 Countryside Blvd G. Property: Clearwater, Pinellas County, Florida 33761 metes & bounds, Pinellas County, Florida H. Settlement Agent: Somers Title Company Place of Settlement: 1290 Court Street, Clearwater, Florida 33756 Pinellas County T. `settlement T7atP.' T)PCemhnr 19 mOR A. V. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D. TYPE OF IRAN SETTLEMENT STATEMENT Somers Title Company 1, []FHA 2. ?FMHA 3, ? CONV.UNINS. 1290 Court Street 4. OVA S. ? CONV. INS. Clearwater, Florida 33756 (727)441-1M fax;(727)449-1359 ant Number: 7. Iron N.W., 811008C 8, wwme lox. Coro No.: J. Summary of Buyer's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Buyer: 400. Gross Amount Due To Seller: 101. Contract Sales Price 24,218.98 401. Contract Sales Price 24,218.98 102. Personal Property 402. Personal Pro er 103, Settlement Charges to Buyer (line 1400 752.33 403. Adjustments for Items Paid b Seller In Advance: A uatMents for Items Paid by Seller In Advance; 106. City /Town Taxes ? _ _ 406. City . / Town Taxes 107, Count I Parish Taxes 407, Count / Parish Taxes 108, Assessments 408. Assessments 120. Gross Amount Due from Buyer: 24 971.31 420. Gross Amount Due to Seller: 24 218.98 200. Amounts Paid b or in Behalf of Buyer: 500. Reductions in Amount Due to Seller: 201, Deposit/ Earnest Money 501. Excess Deposit see instructions) _ 202. Principal Amount of New Loan 502. Settlement Charges to Seller (Line 1400) 0.00 203, Existing Loan(s) 503. Existing Loan(s) 204. 504. Pa off of First Mortgage 205. 505. Payoff of Second Mort a e 206. 506. Purchase Money Mortgage 207, 507 2008 Beal Estate Taxes to Pinellas County Tax Collector , 29872 Adjustments for Items Un aid b Seller: Adjustments for Items Unpaid b Seller: 210. city /Town Taxes 510. Ci /Town'raxes 211, _ County /Parish Taxes 511. County/ Parish Taxes 212. Assessments 512. Assessments 220, Total Paid by / for Buyer- 0.00 520. Total Reductions In Amount Due Seller: 298.72 300. Cash at Settlement from / to Buyer: 600. Cash at Settlement to / from Seller: 301. Gruss Amount due from Buyer line 120 24,971.31 601. Gross Amount due to Seller (line 420) 24,218,98 302. Less Amount Paid by/for Buyer (line 220) 0.00 602. Less Reductions Amount due Seller (line 520) 299.72 303. Cash From Buyer: $24,971.31 603. Cash To Seller: $23,920.26 HUD-i Nov 2006 December 5, 2008 9:56 AM OMB No, 2502-0265 RESPA handbook 4305.2 Settlement Date:Deeember 29,2008 File Number: 8110080 L. Settlement Charges 700. Total Sales / Broker's Commission; Paid from Paid from Buyer's Seller's Divislon of Commission as follows Fonds Funds 701. at at 702. Settlement Settlement 703. Commission Paid Fit Settlement 704. _ 800. Items Paynble in Connection with Loan: 801. Loan Origination Fee 802. Loan Discount 803. A raisal Pee 804. Credit Re ort 805. Lender's Inspection Pee 806. Mortgage Insurance Application Fee 807._An suinptionPee 900, Items Required b Lender to be Paid In Advance: 901, Interest from Dec 29, 2008 902. Mort a e Insurance Premium 903. Hazard Insurance Prermum 904. Flood Inswance Premium 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insurance 1003. City Pro en Taxes 1004. County Propert Taxes 1005. Annual Assessments 11.0_0._ Title Charges: 11.01. Closin Services to STC 300.00 1102, Abstract or Title Search to A. Gatliff 70.00 1103. Title Examination 1104. Title Insurance Binder 1105. Document Completion Nee 1106. Notar Pees 1107. Attorney zees (includes above item numbers: Title Insurance to Ticor Title Insurance Company 1108 . includes above item numbers: 139.73 1109, Lender's coverage 0.00 Premium 0.00 1110. Owner's Coverage 24,218,98 Premium 139.73 1.200. Government Recording and Transfer Charges. 1201, Recording Pees: Deed 27.00 Mortgage 0.00 Releases 0.00 27.00 1202. Cit /Count Tax/Stamps: Deed . 0.00 Mort a e 0.00 1203. State Tax/Stamps: Deed 170.10 Mott a e 0.00 170.10 1204. Intangible Tax to Clerk of ttlu Circuit Court : 1205. Record Partial Release of Mort a e to Clerk of the Circuit Court 27.00 1206. Record Term UCC-1 to Clerk of the Circuit Court 18.50 1300. Additional Settlement Char es: 1301. Surve 1302. Pest Inspection 1400. Total Settlement Charges (Enter an line 103, Section j and line 502, Section K) $752.33 $0.00 1 have carefully reviewed the HUD-1 Settlement Statement and to the boat of my xnowledge and belief, it I a true and accurate statement of al eipts and disbursements made account or by mein thi saotion. I further certify that I have receivad a -1 Senuim It Smteme t Cit at N en ro (?s/(iG, Buyer: ,,{{,(,fir Seller: arre[t, C. Charles alien, 7r., Managing Partner Tim HUD-I Se[llement ateiwhi have prevared is a true and accurate account of this transaction. I ave caused or will cause the funds to be disbursed in accordance with this el:! t r% d _ Settlement Date: December 29, 2008 WARNING; It is a crime to xg6wtngly maKe false statements tre united States on this or any other similar form. Penalties noon conviction cnn include a fine or Impnsnnment. Pnr details se . Title 18 U.S. Code Section 1001 and Section 1010. HUD-l Nov 2006 December 5, 20D8 9:09 AM OMB No. 2502-0265 RFSPA handbook 4305.2 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) Florida Modified POLICY NUMBER FL7881-51-811008c-2008.7110609-76911670 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TICOR TITLE INSURANCE COMPANY OF FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY OF FLORIDA, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, TICOR TITLE INSURANCE COMPANY OF FLORIDA has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued By: FL7881 811008c Somers Title Company 1290 Court Street Clearwater, FL 33756 Tel:(727) 441-1088 Fax:(727) 449-1359 TICOR TITLE INSURANCE COMPANY OF FLORIDA C%lo l?y' ` N 40 h P ?t vy,• President y ra ? esa4 r Attest: /Z--?w.a: " Secrctary OP-9 (5105) ALTA Owner's Policy (10-17-92) (Florida Modified) c. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, State insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. - 7d) "land": the land described or referred to in Schedule [A], and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [A], nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records'": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the Insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This p- olicy.-S-Ko not-continue to-force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigations as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable- If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified) y r . V 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written'-request by' the7nsured-and'subject-to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cast and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expanses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or interest, as ensured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as- - may-=-be----designated- by - asiy :-authorized--. representative of the Company, all records, books, ledgers checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance- To pay or tender payment of the amount of Insurance under this policy together with lany costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pa or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. . (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity 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 and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies-) OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule [A) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILTY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals there from, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there from, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished. tc- the satisfaction.ofthe-Company.. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy. but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION (This paragraph was modified for Florida Policies.) Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between Company and the insured arising out of or relating to this policy, and service of Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under 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 of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) maybe entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a' writing endorsed hereon or attached hereto signed by either the President, Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Ticor Title Insurance Company of Florida, Claims Administration, P.Q. Box 45023, Jacksonville, FL 32232-5023. OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified) Ticor Title insurance Company ALTA OWNER'S POLICY Agent's File Number: 811008C Owner's Policy Number: 7110609-76911670 Schedule A Date of Policy: December 18, 2008 at 01:50 PM Amount of Insurance: $24,218.98 1. Name of Insured: City of Clearwater, Florida, a Municpal Corporation of the State of Florida 2. The estate or interest in the land which is encumbered by the insured is: Fee Simple 3. Title to the estate or interest in the land is vested in the Insured by: Warranty Deed executed by Nailen Properties/GGG, L.L.P., an Alabama Limited Liability Partnership to City of Clearwater, Florida, a Muncipal Corporation of the State of Florida, dated December 9, 2008, filed December 18, 2008, in Official Records Book 16454, Page 1191, of the Public Records of Pinellas County, Florida, conveying said property described herein. 4. The land referred to in this policy is situated in the State of Florida, County of Pinellas and is described as follows: See Schedule A Continuation, for Legal Description Somers Title Company By: A!?-fAz? ,? 'Zow, ??L Authorized Agent Ronald E. Somers Ticor Titie Insurance Company ALTA OWNER'S POLICY Agent's File Number: 811008C Owner's Policy Number: 7110609-76911670 Schedule A, Continuation That portion of Lot 2, COUNTRYSIDE VILLAGE SQUARE, according to the map or plat thereof as recorded in Plat Book 92, Pages 7 through 9,inclusive, Table Curve No. 5, Chord Bearing S73°21'51"West, of the Public Records of Pinellas County, Florida, and being more particularly described as follows: Begin at the Northwest corner of Lot 2, Countryside Village Square, Plat Book 92, page 9, as recorded in the Public Records of Pinellas County, Florida, said point also being on the Southerly right of way line of Countryside Boulevard; thence along a curve to the right, an arc distance of 25.48 feet, a radius of 990.00 feet, a central angle of 01°28'29", a chord bearing of N 68°30'16" E., and a chord distance of 25.48 feet, said curve being the Northerly boundary line of said Lot 2, and also the said Southerly right of way line of Countryside Boulevard; thence S 25°59'45" E, along a line parallel with the most Westerly boundary line of Lot 2, a distance of 35.86 feet; thence S 64°00'15" W, a distance of 25.40 feet, to a point of intersection with the most Westerly boundary line of said Lot 2; thence N 25°59'45" W, along the most Westerly boundary line of said Lot 2, a distance of 37.86 feet, to the Point of Beginning. Ticor Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 811008C Owner's Policy Number: 7110609-76911670 Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) by reason of the following.: 1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed by law and not shown by the public records. 4. Rights of parties in actual possession of all or any part of the premises. 5. Any adverse 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 accreted to such lands. 6. Taxes and assessments for the 2009, which are not yet due and payable. THE FOLLOWING ITEMS ARE HEREBY DELETED: 1 and 3 Parcel No. 30-28-16-18686-000-0020; gross amount of 2008 real estate taxes for entire parcel: $12,621.83 2008 Real Estate Taxes have been paid 7. Subject to Declaration of Reciprocal Covenants, Conditions, Restrictions and Easements by and between Fred B. Bullard, Jr., or his Assigns, and Albertson's Inc., a Delaware Corporation, recorded March 20, 1980 in O.R. Book 4998, Page 1697, Public Records of Pinellas County, Florida. Subject to Declaration of Reciprocal Covenants, Conditions, Restrictions and Easements by and between Fred B. Bullard, Jr., or his Assigns, and Landmark Union Trust Bank of St. Petersburg, N.A., recorded September 26, 1980 in O.R. Book 5082, Page 299, Public Records of Pinellas County, Florida. 9. Subject to Distribution Easement by and between Sound Managment of St. Petersburg, Inc., et al, and Florida Power Corporation, recorded April 16, 1981 in O.R. Book 5177, Page 498, Public Records of Pinellas County, Florida. Ticor Title insurance Company ALTA OWNER'S POLICY Agent's File Number: 811008C Owner's Policy Number: 7110609-76911670 10. Subject to easement in favor of City of Clearwater, recorded April 23, 1982 in O.R. Book 5338, Page 1858, Public Records of Pinellas County, Florida. 11. Subject to Distribution Easement in favor of Florida Power Corporation, recorded January 28,1 985 in O.R. Book 5922, Page 414, Public Records of Pinellas County, Florida. 12. Subject to easement granted to the City of Clearwater, recorded in O.R. Book 4250, Page 341, Public Records of Pinellas County, Florida.(as to easement areas) 13. Subject to easement granted to the City of Clearwater, recorded in O.R. Book 4327, Page 1854, Public Records of Pinellas County, Florida.(as to easement area) 14. Subject to easement granted to the City of Clearwater, recorded in O.R. Book 4669, Page 153, Public Records of Pinellas County, Florida. (as to easement area) 15. Subject to easements reserved in that certain Ordinance recorded in O.R. Book 4673, Page 386, Public Records of Pinellas County, Florida.(as to easement area) 16. Subject to Declaration of Easement recorded in O.R. Book 4688, Page 145, Public Records of Pinellas County, Florida. (as to easement area) 17. Subject to Agreement by and between the City of Clearwater, Florida, and Foster and Kleiser, a Delaware Corporation, recorded in O.R. Book 4564, Page 850, Public Records of Pinellas County, Florida. (as to easement area) COUNTY IDENTIFIER: 30-28-16-18686-000-0021 ATLAS PAGE: 221 B LOCATION: 2535 Countryside Boulevard (a/k/a Lift Station #50) SHORT LEGAL: Portion of Lot 2, COUNTRYSIDE VILLAGE SQUARE, according to the map or plat thereof as recorded in Plat Book 92, Pages 7 through 9, inclusive, Table Curve No. 5, Chord Bearing S73°21'51 "West, of the public records of Pinellas County, Florida. DIMENSIONS/ACREAGE: Irregular (937.63 sq. ft., mol) SURVEY: No - Sketch & legal description prepared by City survey 07-02-08 APPRAISAL: None. Value established as prorated 2007 assessed value of entire property as determined by Pinellas County Property Appraiser. SPECIAL USE (IF ANY): Purchased to support City ownership of L. S. 50 installation that was constructed at this location over 40 years earlier without any property interest. ZONING: City of Clearwater "C" (Commercial) SELLER: Nailen Properties/GGG, L. L. P., an Alabama limited Liability Partnership PURCHASE PRICE: $24,218.98 CLOSING COSTS: $752.23 APPROPRIATION CODE: 0376-96686-560100-535-000-0000 (Public Services) ACQUISITION DATE: December 19, 2008 TITLE INSURANCE: YES - Somers Title Company, 1290 Court St. TITLE UNDERWRITER: Ticor Title Insurance Company of Florida POLICY NO. FL7881-51-811008c-2008.7110609-76911670 CLOSING AGENT/FILE NO.: Somers Title Co./ 811009C O.R. BOOK/PAGE: 16454 / 1191 - 1193 (WARRANTY DEED) COMMENTS: See "Special Use."