NEW PLAN EXCEL REALTY TRUST INC (3)
FATIC 524
Policy No. FA-35- 828331
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STiPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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 ofa 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.
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First .rican Title Insurance .mpany
COMMERCIAL x RESIDENTIAL NEW HOME SALE RESALE FORECLOSURE OTHER
SCHEDULE A
Agent File No. 33638.103553
PoliCY No. FA-35- 828331
Date of Policy: 09/18/2002 at 4:20 PM
Amount of Insurance: $553,212.00
1. Name of Insured:
New Plan Excel Realty Trust, Inc., a Maryland corporation
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
New Plan Excel Realty Trust, Inc., a Maryland corporation
4. Tile land referred to in this policy is described as follows:
See Schedule A attached hereto and made a part hereof
Issuing Office File No: 1037--1245
Johnson, Bla~.O~,e,~,okO~I3-U-PP~,~I' ,'Burns, P',A,' .
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By: [/// ,,/:'/{///_~
Authorized Signatory
E. D. Armstrong III
Page 1
File No.: 1037--1245
First A.rican Title Insurance ."pany
Schedule A (Continued)
Agent File No,: 33638.103553
Policy No. FA-35-82833l
A portion of Lots 3 and 8, CLEARWATER MALL, according to the plat thereof as recorded in Plat Book
125, pages 21-29, public records of Pinellas County, Florida, described as follows:
A parcel of land being a portion of Lot 1, A RESUB OF BASKIN'S REPLAT, as recorded in Plat Book 24,
page 42, Public Records of Pinellas County, Florida, together with a portion of the Southwest 1/4 of
Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township
29 South, Range 16 East, Pinellas County, Florida; thence North 89 deg. 46'01" East along the East.:.West
centerline of said Section 17, for 415.00 feet to the point of intersection with the Northerly extension of
the West line of Lot 1, A RESUB OF BASKIN'S REPLAT, as recorded in Plat Book 24, page 42, Public
Records of Pinellas County, Florida; thence leaving said East-West centerline of Section 17, South 00 deg.
21'26" West along said Northerly extension of the West line of Lot 1 and the West line of said Lot 1
(being the basis of bearings for this legal description), respectively, for 60.00 feet to the POINT OF
BEGINNING; thence continue South 00 deg. 21'26" West along said West line of Lot 1, for 458,65 feet to
the point of intersection with the Westerly extension of the South line of that certain property as
described in O. R. Book 4272, page 1503, Public Records of Pinellas County, Florida; thence leaving said
West lineof Lot 1, North 89 deg, 46'14" East along said Westerly extension of the South line of that
certain property as described in 0, R, Book 4272, page 1503 and the South line of said certain property
as described in 0, R, Book 4272, page 1503, respectively, for 386.69 feet to the Southeast corner of said
certain property as described in 0, R. Book 4272, page 1503, same also being the point of intersection
with the Southerly extension at the East line of said Lot 1; thence North 00 deg, 13'59" West along said
Southerly extension of the East line of said Lot 1 and the East line of said Lot 1, respectively, same also
being the East line of said certain property as described in O. R. Book 4272, page 1503 and the Northerly
extension of said East line of that certain property as described in O. R. Book 4272, page 1503,
respectively, for 71.42 feet; thence leaving said East line of Lot 1, South 89 deg, 46'01" West, for 254,27
feet; thence North 00 deg. 13'59" West, for 60,00 feet; thence South 89 deg. 46'01" West, for 68,54
feet; thence North 00 deg, 13'59" West, for 327,23 feet; thence South 89 deg, 46'01" West along a line
60,00 feet South of and parallel with said East-West centerline of Section 17, for 59.15 feet to the POINT
OF BEGINNING.
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File No.: 1037--1245
First ft4t=rican Title Insurance empany
SCHEDULE B
Agent File No. 33638.103553
Policy No.: FA-35- 828331
EXCEPTIONS FROf'.1 COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
2. Any rights, interests, or claims affecting the land which a correct survey would disclose and which
are not shown by the public records.
3, Any lien for services, labor, or materials in connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, 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 or special assessments not shown as liens in the publiC records or in the records of the
local tax collecting authority, at Date of Policy.
6. Any minerals or mineral rights leased, granted or retained by prior owners.
7. Taxes and assessments for the year 2002 and subsequent years.
NOTE: Exceptiones) numbered 1 - 6 above is/are hereby deleted.
8.
Easement in favor of Florida Power Corporation as recorded in O. R, Book 4088, page 1982.
o
-- .
Easement in favor of Pinellas Water Company, as assigned to the City of St. Petersburg, all as set
forth in instrument recorded in Deed Book 1465, page 111.
10.
Matters as shown on survey prepared by Florida Design Consultants, Inc., dated June 19, 2002,
including cable fnc with wood post into the 50 foot water main easement along the Westerly lot
line and 2 foot concrete curb over the East lot line. Possible unrecorded easement:(s) as
indicated by overhead wires along the Southwesterly lot line.
Page 3
File No.: 1037--1245
First .rican Title Insurance.mpany
Policy No.: FA-35-828331
11. Easement Agreement dated September 4, 2002, between New Plan Excel Realty Trust, Inc., a
Maryland corporation ("New Plan") and the City of Clearwater, Florida, a Municipality ("City")
recorded on September 12, 2002, in Official Records Book 12217, page 952.
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File No.: 1037--1245
.,
First .rican Title Insurance .mpany
Agent File No.: 33638.103553
Policy No.: FA-35-82833l
Note: All of tile recording information contained herein refers to the Public Records of Pinellas County,
Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official
Record Books of saidcounty,unless indicated to the contrary.
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, Attention:
Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308-3752.
Service, Oualitv and Availabilitv
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you, A toll-free number is available for your convenience in obtaining information
aboutcoverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are
from 8:30 a.m. through 5:30 p,m. Monday through Friday.
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File No.: 1037--J2(+5