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MELVIN AND LINDA WEXLER ~. ~ -. ,I .1 PINE.LLAS COUNTY FLA. INST . 90-002137 -.----. ---~'----.,----- **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. ill""" ~ ~4 ~~ ~ 2. Default. ~ 'g S 0.: that it is the :: I~ '!".j J-: ~ . ::~ ~ '~J.'4l-nstruments of ~ ~ }:. ~ ",<thereunder. :: <~ u./"'.~ c~ .2 " <l) ~ i:;;:j 0 ~ 3. Modifications. This Agreement shall not be modified or I d ~mended except in writing between Lender and Grantee. t-O u 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. ,:...~_. t""- __, '0:'';';'" __-' I '<::t' ct) ..... ~.,., ~.. (() :. ~i~ the IN WITNESS WHEREOF, the Lender has executed this Agreement on day and year first above written. :i ~~ - S:::: {.!j ~ c:::; rC Signed, sealed and delivered := >- i>. c..:-in the presence of: .LJ 1--:: l L, L-;'j :CUol~ \ ~~ 0.... o:;,:t' l'" ._J ~ LL w ...J::C UCL. 0-. "0 LL .. w<:f ~ ~ ...Jo iXlo-. wo-. Q...-f HOME SAVINGS OF AMERICA fr/L~~ Its President By: . .. i.L.!") ~~c/fm;pp REC ~ FEES ~TT: ____ ~ PiC (Corporate Seal) :z . w:Z , w~ ...J"") LL ~ ~ -"~ DOC; INT TOTAL ~ - I *** OFFICIAL RECORDS *** ' ,_I_..~~~!?~__7_1~?n .._~'~_G_~_~,~l_~_, ':"""III -", ... . ,. 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: ~ . ~ (:..:c;.;l:~'< to L .' ).c~:)"f\ ~ <.:~ <-;. Notary Il/>li;c' ,',f ! ~ \ ~ c ,i,T;; .,.:c.; {j l'4 :]-. , , 'lJ:, - '. '.' " " ,.;.,. .......... ~ ';iJ;~ ~ ~ tll' ,-~ ,;,' ..J~rJ~~..(JWQ;~~ J'<"", ~ ~~.. ~OTAP.Y PlIB[/C,SH.H or FlORIDA AT lARGE Y COMMISSION fXP:~lS rEC 04. I "~Nr[c.,. .. , " 992 , , ' IIPI' ~q~1 S N01f,RY F:ROlRff,f I 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. l ',~... IU I I~ 'I ....J -,." f"- a) ~ C\.I ~ ai ~ C\.I Exhibit "B" I NTS . N 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 =A::RV::~ ::\DD~:'-='JN - 3LOC Lo't. l3 * * tt1* o 00 7-:" " "1---1 """'("') 0- 1---1 I ,,:> ! r "tl::n. :>JT! C)(") mo ::n. I ..... '=' c..l (/) ""'" t.J * * * ,.. I ,", I AFFIDAVIT OF NO LIENS I 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"): /V:J~ c;- 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except (if none, insert "none"): .- ' SIrV/~fJ--> f)r~' ATfJ1 p1-tlA- UJ/8 LJ~ ~6~ 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. (!~. -.~,? oLe- WITNESS \\~"d "--~)~ WI1lNESS ,~ ~?~~L---' MEL N W LER ~h ti? /J.J4ibL LINDA P . WEXLER Sworn to and subscribed before me this~~~ day of a7'/1-<" O~?:?h' //~>. ot Publ~c. _ /...> , 19~ My Commission Expires Notary Public State of Aorida My Commission Expires ;~jl. 26, 1990 I!lunaeo Inru I ru) (-,,,) - 1,1.' _ '<.or.cI. ,nc. .:- . ./- , . 9 I I Exhibit "A" '. -,-' 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. l '.1;" ""'. ';;- .': Ii I 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: ;;.., ~ f"",'" ~ I..; '"'.,I . ;~~ ~ ~ 0., 00 ;:'~ ~ .:r ",.} ~~i ~':~ 0: ~ ;:~ ~~. 0 ~; ~~ . CfJ ~"7j r~ ,:.~~ .'~ ~~ ~ f-l ,~" -1.-1 .~~ ~~ ~] ~". r ~~I:i is . t~ ,r.t: ~- . ~i f. h ~~ u ~~ 14-! CfJ o Ci.l ,..., 1:::' u u V:l c:r~ "~ ;-~ 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: a~<<_ ,,;t'~ WITNESS . '\\~'o ~~':;-y WITNESS c'" . - .,' -~kk ~" Pl~bt LINDA P. WEXLER \ " 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. ,. ' /-. .~. m ;:~, Wi tness my hand and official seal this ~:; I.':: ' - ~~.D., 19 2'1 ' -., u day of a :' . '. _: '< '~~'~ ~ \ I ,l! . ; II.' . ~ "~ r!'.. ':. ~"U2 ...."" ..':::C;/;i>.,.: " , "',' t' ~. .....0':" jl'.~, ~"1, ,- '- 0"" ,) /. '~.;.,', ,_:;,::-~~ i~'{"'.r~ ' ",.. v.>,,::~ -9!r~' ..... -"""",,, t / ~. e ~i~ ~.' .". ,. 1 ~. ~.../' ~ ~--:. ... ......; Co!:-': . : ~~ ':':" .'" ..;: ... ..- ~ .;, i-, "~, #--, " ~t;;~ __"~ " ~. ~'.~1~9$ U it' .~i~ J.,'f-.ZJ!2,>f ..."....... Jv .~tJQ'O'Ili..'IlO ~".,,-..~::>,. II ..-\ J.1.lH ~ 'I<.~~ >1'S ' 1111/.,. J '.,,\\\\ ,..,: t~ ~ ~,i.~r, \ 't C~'l f~-- Ci: ,55 11.. R'f~~1 ACCT ~() ~;~~'_. J5Ct)u' FEES ___ MTF PTG PIC DOC INT TOTAL\~555 --J :..../ My Commiss~on Expires: NOtary i"U!:)U(, ::-t<l:e ';'1 ...mlla My Commission hpires ian. 26:, 1990 'c' Z,).-i .<~ ~ X'i ~d/' ;2.c.:l :.,'"" I t.A...e, nO-:;ur"8nt~rv TilX Pd, $ RnnnAn Thru Trov Fain - InslIrlllnCA '"I'" S5~ ..<. ..,' ';. .,/.cJ.." } ?/r...'Y......;" ~ ::'C':.i{/C:.0~,,~ ,(_i $--------- lr,tanrjible Tax Pd. Karleen F, DeDlaker, Clerk, Pinallas County / By __ Deputy Clerk KARLE EN F. DEBLAKER, CLERK JAN 3, 1990 4:09PM /,! ~. - , ' ~ fr. .~- I *** 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" " . '. I ....-- I~ I...J -,., l'- en '<t N ~ en '<t N Exhibit "B" I *** OFFICIAL RECORDS *** BOOK 7167 PAGE 1308 --, -----mg-'-..'--..-"....'--.'....'..--- ..,-----,,-,_.---' . N 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