MELVIN AND LINDA WEXLER
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.1 PINE.LLAS COUNTY FLA.
INST . 90-002137
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**1 OFFICIAL BECORItS ***
tOOK 7167 PAGE 1309
SUBORDINATION AGREEMENT
THIS SUBORDINATION TO EASEMENT AGREEMENT
entered into this 22nd day of November
HOME SAVINGS OF AMERICA _(the "Lender"),
CLEARWATER, FLORIDA, (the "Grantee"), and is
following facts:
(the "Agreement") is
, 1989, by
in favor of the CITY OF
made in reference to the
(A) MELVIN AND LINDA P. WEXLER, HIS WIFE, (the "Fee Owners")
are the owners in fee simple title of that certain real property
situate, lying and being in Pinellas County, Florida, and being more
particularly described in Exhibit "A" and "B" attached hereto and by
this reference made a part hereof (the "Property").
(B) Lender has made a first mortgage loan (#824-888-2) to Fee
Owner in the original principal amount of ONE HUNDRED AND FIVE
THOUSAND, SIX HUNDRED DOLLARS AND NO/100 ($105,600.00) (the "Loan")
which is secured, among other things, by a note, mortgage and certain
other instruments of security executed by Fee Owner in favor of
Lender (collectively the "Instruments of Security"). Certain of such
Instruments of Security, and specifically the mortgage, encumber the
fee simple title of Fee OWners in the Property, said mortgage being
recorded in Official Records Book 6592, Page 2191, of the Public
Records of Pinellas County, Florida.
(C) The Fee OWners have granted to Grantee an easement to
construct, install and maintain improvements for drainage upon the
Property by virtue of that certain Easement between Grantee and Fee
Owners, to be recorded with but prior to this document in the Public
Records of Pinellas County, Florida, (the "Easement").
NOW THEREFORE, for and in consideration of the premises,
other good and valuable consideration in hand paid to the
receipt of which is hereby acknowledged, the Lender does
covenant and agree as follows:
and for
Lender,
hereby
>-. 1. Subordination. Lender does hereby agree that its first
~ ~ mortgage lien and all other right, title and interest in the Easement
-g ~j; ~hich is encumbered by Lender's Instruments of Security, is hereby
~,.; ~ ~ade subject and subordinate to the Easement in favor of Grantee.
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~4 ~~ ~ 2. Default.
~ 'g S 0.: that it is the
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i:;;:j 0 ~ 3. Modifications. This Agreement shall not be modified or
I d ~mended except in writing between Lender and Grantee.
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Lender hereby warrants and represents to Grantee
current owner of the Lender's interest in the
Security and that no defaults presently exist
4. Benefit. This Agreement shall be binding on Lender and its
,,-, successors and assigns and shall inure to the benefit of Grantee and
its successors and assigns.
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IN WITNESS WHEREOF, the Lender has executed this Agreement on
day and year first above written.
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HOME SAVINGS OF AMERICA
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Its President
By:
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(Corporate Seal)
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*** OFFICIAL RECORDS *** '
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STATE OF
Florida
COUNTY OF
Pinellas
The foregoing instrument was acknowledged before me this 22nd
day of November , 1989, by William W. Watson
the Vice President of HOME SAVINGS OF AMERICA, on behalf of
the corporation.
My Commission Expires:
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~OTAP.Y PlIB[/C,SH.H or FlORIDA AT lARGE
Y COMMISSION fXP:~lS rEC 04. I
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Exhibit "A"
*** tFFICIAL RECORDS ***
BOOK 7167 PAGE 1311
MELVIN & LINDA P. WEXLER
FAIRVIEW ADDITION - BLOCK 'A'
Lot 13
BEGIN at the Northwest corner of Lot 13;
thence 58 feet East along the North line to a
point; thence 51 feet z Southwesterly to a
point on the South line; thence 47 feet West
along the South line to the Southwest corner;
thence North 49.98 feet along the West line to
the POINT OF BEGINNING.
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Exhibit "B"
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ORAl NAGE
EASEMENT
49.96
THIS IS NOT A SURVEY
EVERG REEN
STREET
TAX 1.0.
O.R. 6592-2191
Melvin & Linda P. Wexler
P.o. Box 946
Dunedin, FL 34697
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AFFIDAVIT OF NO LIENS
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority personally appeared
MELVIN AND LINDA P. WEXLER who, being first duly sworn, depose and say:
1. That they are the owners of legal and equitable title to the
following described property in Pinellas County, Florida, to-wit:
SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said
property for \lhich there are unpaid bills for labor or materials against said
property, except (if none insert "none"):
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4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except (if none, insert "none"):
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5. That it is hereby warranted that no notice has been received for any
public hearing regarding asssessments for improvements by any government, and it is
hereby warranted that there are no unpaid assessments against the above property for
improvements thereto by any government, whether or not said assessments appear of
record.
6. That there is no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon.
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WITNESS
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WI1lNESS ,~
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MEL N W LER
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LINDA P . WEXLER
Sworn to and subscribed before me this~~~ day of
a7'/1-<"
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ot Publ~c. _ /...>
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My Commission Expires
Notary Public State of Aorida
My Commission Expires ;~jl. 26, 1990
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Exhibit "A"
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MELVIN & LINDA P. WEXLER
FAIRVIEW ADDITION - BLOCK 'A'
Lot 13
BEGIN at the Northwest corner of Lot 13;
thence 58 feet East along the North line to a
point; thence 51 feet Z Southwesterly to a
point on the South line; thence 47 feet West
along the South line to the Southwest corner;
thence North 49.98 feet along the West line to
the POINT OF BEGINNING.
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PINELLAS COUNTY FLA. *** OFFICIAL RECORDS ***
INST :I: 90-002136 , ,--,,---I._~OOK_7~,~~~0~E ,1306
EASEMENT
".,
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to them , the receipt of which is hereby acknowledged, and the benefits
to be derived therefrom,
MELVIN AND LINDA P. WEXLER
P.O. BOX 946
DUNEDIN, FLORIDA 34697
do~ hereby grant and convey to the CITY OF CLEARWATER, FLORIDA an easement
over, under and across the following described land, lying and being situate in
the County of Pinellas, State of Florida, to wit:
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SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION.
SEE EXHIBIT "B" ATTACHED FOR DRAWING.
This easement being for drainage installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon any
drainage lines and to inspect and alter such drainage lines from time to time.
seals
IN WITNESS~EREOF, the parties hereto have set their
this ~ ;4-s day of ~r ~rr 19.B!i-.
hands
and
Signed, sealed and delivered
in the presence of:
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WITNESS .
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WITNESS
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LINDA P. WEXLER
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" STATE OF FLORIDA
COUNTY OF PINELLAS
IC'<:.
Before me personally appeared MELVIN & LINDA P. WEXLER , to me
"i ;well known and known to me to be the individuals described in and who executed
'~ fhe foregoing instrument and acknowledged before-me that they executed the
~ame for the purposes therein expressed.
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m ;:~, Wi tness my hand and official seal this
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TOTAL\~555
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My Commiss~on Expires:
NOtary i"U!:)U(, ::-t<l:e ';'1 ...mlla
My Commission hpires ian. 26:, 1990
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$--------- lr,tanrjible Tax Pd.
Karleen F, DeDlaker, Clerk, Pinallas County
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By __
Deputy Clerk
KARLE EN F. DEBLAKER, CLERK
JAN 3, 1990 4:09PM
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*** OFFICIAL RECORDS ***
BOOK ~~_~~_,~1'~~~O'7 ~...
MELVIN & LINDA P. WEXLER
FAIRVIEW ADDITION - BLOCK 'A'
Lot 13
BEGIN at the Northwest corner of Lot 13;
thence 58 feet East along the North line to a
point; thence 51 feet Z Southwesterly to a
point on the South line; thence 47 feet West
along the South line to the Southwest corner;
thence North 49.98 feet along the West line to
the POINT OF BEGINNING.
Exhibit "A"
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Exhibit "B"
I *** OFFICIAL RECORDS ***
BOOK 7167 PAGE 1308
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DRAINAGE
EASEMENT
49.98
THIS IS NOT A SURVEY
EVERGREEN
STREET
TAX 1.0.
O.R. 6592-2191
Melvin & Linda P. Wexler
P.o. Box 946
Dunedin, FL 34697
FAIRV:ZW ADD"!":,:QN - 3Ww I A '
Lot 13