DONNA ANDRUS (2)
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Prepared by:'
David E. Platte, Esquire
Law Offices of David E. Platte
603 Indian Rocks Road
Belleair, Florida 33756
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200815638006/09/2008 at 02:21 PM
OFF REC BK: 16279 PG: 1670-1671
DocType:DEED RECORDING: $18.50
D DOC STAMP: $2765.00
File Number: 08-7227
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Made this 2- ""J day of June, 2008 A.D., by Donna Andrus, a married person, whose post office address is: 500 North Osceola
A venue, #PH-E, Clearwater, Florida 33755, hereinafter called the grantor, to City of Clearwater, a Municipal Corporation of the State
of Florida, whose post office address is: P.O. Box 4748, Clearwater, FL 33758-4748, hereinafter called the grantee:
Warranty Deed
-"-~-~-_..---_.-----
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum ofTen Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the grantee, all that certain land situate in Pinellas County, Florida, viz:
See Attached Schedule A
Said property is not the homestead of the Grantor under the laws and constitution of the State of Florida in that neither Grantor nor any
members of the household of Grantor reside thereon.
Parcel ID Number: 14/29/15/50454/000/0080 and 14/29/15/50454/000/0100
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31, 2008.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence:
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Witness Printed Name ,9<" {J \ n fA if:> A - +-\a ((
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Donna Andrus
Address: 500 North Osceola Avenue, #PH-E
Clearwater, Florida 33755
(Seal)
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Witness Printed Name "1) )ct~~StYJ
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STEPHANIE A. HALL
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Notary Plblic
Print Name:
My Commission Expires:
DEED Individual Warranty Deed with Non-Homestead-Legal on Schedule A
Closers' Choice
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Exhib it "A"
Lots 8, 9 and 10 of Laurel Lake Subdivision, according to the map or plat thereof, as recorded in Plat Book
29, Page 19, of the Public Records of Pine lias County, Florida.
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· U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B. TYPE OF LOAN
Law Offices of David E. Platte
603 Indian Rocks Road
Belleair, Florida 33756
727-461-0420 fax: 727-461-5655
I. D FHA 2. D FMHA 3. D CONY. UNINS.
4. D VA 5. D CONY. INS.
6. File Number: 7. Loan Number
08-7227
8. Mortgage Ins. Case No.:
C. NOTE: This form is fUrnished to give you a statement of actual seulement costs. Amounts paid to and by the seulement agent are shown. Items marked
(p.o.c.) were paid outside the closing. They are shown here [or iriformationa/ purposes and are not included in the totals.
City of Clearwater, a Municipal Corporation of the State of Florida
D. Borrower: P.O. Box 4748
Clearwater, FL 33758-4748
Donna Andrus, a married person
E. Seller: 500 North Osceola Avenue, #PH-E
Clearwater, Florida 33755
F. Lender:
H. Settlement Agent:
Place of Settlement:
I Settlement Date:
600 and 610 S. Duncan Ave
Clearwater, Pinellas County, Florida 33756
LAUREL LAKE SUBDIVISION, Lots 8, 9 and 10
Law Offices of David E. Platte
603 Indian Rocks Road, Belleair, Florida 33756 Pinellas County
June 9, 2008
G. Property:
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller:
101. Contract Sales Price 395,000.00 401. Contract Sales Price 395,000.00
102. Personal Property 402. Personal Property
103. Settlement Charges to Borrower (line 1400) 233.50 403.
104. 404.
105. 405.
Adjustments for Items Paid by Seller in Advance: Adiustments for Items Paid bv Seller in Advance:
106. City / Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. County / Parish Taxes
108. Assessments 408. Assessments
109. 409.
110. 410.
120. Gross Amount Due from Borrower: 395,233.50 420. Gross Amount Due to Seller: 395,000.00
200. Amounts Paid by or in Behalf of Borrower: 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) 27,750.18
203. Existing Loan(s) 503. Existing Loan(s)
204. 504. Mortgage Payoff 600 S. Duncan to Wells 92,958.40
Fargo
205. 505. Mortgage Payoff 61 0 S. Duncan to Wells 68,177.60
Fargo
206. 506. Purchase Money Mortgage to
207. 507.
208. 508.
209. 509.
Adjustments for Items Unoaid bv Seller: Adjustments for Items Unoaid bv Seller:
210. City / Town Taxes 510. City / Town Taxes
211. 511.
212. 512.
213. 513.
214. 514.
215. 515.
216. 516.
220. Total Paid by / for Borrower: 0.00 520. Total Reductions in Amount Due Seller: 188,886.18
300. Cash at Settlement from / to Borrower: 600. Cash at Settlement to / from Seller:
301. Gross Amount due from Borrower (line 120) 395,233.50 601. Gross Amount due to Seller (line 420) 395,000.00
302. Less Amount Paid by/for Borrower (line 220) 0.00 602. Less Reductions Amount due Seller (line 188,886.18
520)
303. Cash From Borrower: $395,233.50 603. Cash To Seller: $206,113.82
HUD-l Apri12003
June 6, 2008 8:43 AM
OMB No. 2502-0265
RESPA handbook 4305.2
~ettlem~t Date:June 9,2008
File Number: 08-7227
L. Settlement Charges
700. Total Sales / Broker's Commission:
Based on Price $395,000.00 is $20,000.00
Division of Commission as follows
701. 20,000.00 to Stonbridge Real Estate Company, Inc.
702.
703. Commission Paid at Settlement
800. Items Pavable in Connection with Loan:
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
808. Tax Service Fee
900. Items Required by Lender to be Paid in Advance:
901. Interest from lun 9, 2008 @ 0.0000 / day
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City Property Taxes
1004. County Property Taxes
1005. Annual Assessments
1100. Title Charges:
1101. Settlement or Closing Fee to Law Offices of David E. Platte
1102. Abstract or Title Search to Commonwealth Land Title Insuranc to Commonwealth Land
Title Insurance Company
1103.
1104. Title Insurance Binder
1105. Document Preparation
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to Commonwealth Land Title Insurance Company to Law Offices of David
E. Platte
. . __Jil1clll~_e.~_~1:l.C?~e_it~.n1_!1_l!.lnber.s_:...______~___________ _____
1109. Lel1.cle!,ii. C()"e.r~ge___Q..OO ___J~jskJ>.~e.!lliu!:!1_____.____Q.Q_O___n______H_________ ___
1110. Owner's Coverage 395,000.00 Risk Premium 2,050.00
1111. Courier Fees/Overnight Mailing
1112.
1200. Government Recording and Transfer Charges:
T20l.RecordingFees: --- Deed _ 18.50 Mortgage
1202-:-tlty/County tax/stamps:....__.!>ee.<!.___. 0.00 Mortgage
-j203~St!lte-tax/stamps: - Deed 2,765.00 Mortgage
1204. Intangible Tax to Clerk of the Circuit Court
1205.
1300. Additional Settlement Charges:
130 I. Survey
1302. Pest Inspection
1303. Courier Service (2 loan payoffs) to David Platte
1304. Special Assessment Search (2 parcels) to City of Clearwater
1305. Misc. closing costs to David Platte
1306. 2008 Property Taxes - 600 S. Duncan to Pinellas County Tax Collector
1307.2008 Property Taxes - 610 S. Duncan to Pinellas County Tax Collector
Paid from
Borrower's
Funds
at
Settlement
Paid from
Seller's
Funds
at
Settlement
20,000.00
.
200.00
200.00
325.00
2,050.00
0.00
0.00
0.00
Releases
20.00
18.50
20.00
2,765.00
15.00
60.00
10.00
15.00
965.60
1,339.58
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K)
$233.50
$27,750.18
I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. 1 further certify that I have received a copy of HUD-l Settlement Statement.
Borrower:
e State of Florida
Seller:
~u~
'Po A
Earl Barret
Manager
The HUD-I Settlement State
accordance with this stateme
Services
Donna Andrus
ave prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in
Settlement Agent:
Date: June 9, 2008
File No.: 08-7227
avid E. PIa e, Esquire
W ARNlNG: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can
include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
HUD-I April 2003
June 6, 2008 8:43 AM
OMB No. 2502-0265
RESPA handbook 4305.2
OWNER'S POLICY OF TITLE INSURANCE .
Issued by Commonwealth land Title Insurance Company
r.. ~ LandAmerica
.. Commonwealth
Commonwealth Land Title Insurance Company is a member of the
LandAmerica family of title insurance underwriters.
POLICY NUMBER
A02-12lblb9
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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 also will 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the
Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
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President
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.
ALTA Owner's Policy (10/17/92) with Florida Modifications
Form 1190-21 B
Valid only if Schedules A and B are attached
ORIGINAL
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 0/ 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.
(d) "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) "un marketability 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 policy shall not continue in 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
litigation 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.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in.SectiQn 6 of these Conditions and Stipulations, the Company, at its
own cost 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 expenses
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
insured, 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 broughtan 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 any 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 Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attomeys' 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 exerciseby.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 Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor 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 payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attomeys' 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.
,
CONDITIONS AND STIPULATIONS - continued
7. DETERMINATION AND EXTENT OF LIABILITY.
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) 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 LIABILITY.
(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 therefrom, 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 therefrom, 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 to the
satisfaction of the 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.
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 the Company and the insured.
Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the insured arising out of or relating to
this policy, any service of the 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) may be 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
req uest.
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, a 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
eff ect.
17. NOTICES WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnishedthe Company shall include the number of
this policy and shall be addressed to: Consumer Affairs Department, P.O.
Box 27567, Richmond, Virginia 23261-7567.
-.
Form B 1190-21B
OWNER'S POLICY OF
TITLE INSURANCE
American Land Title Association (10/17/92)
(WITH FLORIDA MODIFICATIONS)
Issued by
Commonwealth Land
Title Insurance Company
Commonwealth Land Title Insurance Company
is a member of the LandAmerica family of title insurance
underwriters.
~~ landAmerica
.. Commonwealth
LandAmerica Financial Group, Inc.
101 Gateway Centre Parkway
Richmond, Virginia 23235-5153
www.landam.com
THANK YOU.
Title insurance provides for the protection of your
real estate investment. We suggest you keep this
policy in a safe place where it can be readily
available for future reference.
If you have questions about title insurance or the
coverage provided by this policy, contact the
office that issued this policy, or you may call or
write:
Commonwealth Land Title Insurance Company
Consumer Affairs
P.O. Box 27567
Richmond, Virginia 23261-7567
telephone, toll free: 800446-7086
web: www.landam.com
We thank you for choosing to do business with
Commonwealth Land Title Insurance Company,
and look forward to meeting your future title
insurance needs.
Commonwealth Land Title Insurance Company
is a member of the LandAmerica family of title insurance
underwriters.
~ ~ landAmerica
.. Commonwealth
. r..., landAmerica
_ Commonwealth
Policy of Title Insurance
Commonwealth Land Title Insurance Company
Schedule A
Order Number: 2181483
Amount of Insurance: $395,000.00
Policy Number: A02-1276769
Customer Reference: 08- 7 227
Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3,
whichever is the later.
June 09, 2008 at 2:21 PM
1. Name of Insured
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
4. The land referred to in this policy is described in the said instrument and identified as follows:
See attached Exhibit A for legal description
Dav'1tf7~aI#
603 Indian Rocks Road
Belleair, FL 33756-2056
This policy is invalid unless a cover sheet and Schedule B are attached.
1992 AL TA Owner's Policy w/FL modifications
Order No.: 2181483
Polley No.: A02-1276769
Schedule B
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. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps,
encroachments, and any matters not of record which would be disclosed by an accurate survey and
inspection of the premises.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Pinellas
County Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured
hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving
complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 20 North
Orange Avenue, Suite 500, Orlando, FL 32801. Telephone 407-481-8181.
1992 AL TA Owner's Policy w/FL modifications
Order No.: 2181483
Policy No.: A02-1276769
Exhibit A
Lots 8, 9 and 10 of Laurel Lake Subdivision, according to the map or plat thereof, as recorded in Plat Book
29, Page 19, of the Public Records of Pinellas County, Florida.
1992 ALTA Owner's Policy w/FL modifications