DAN R. AND MARION F. ILEY/WILBY F. AND NELLIE CLAIRE ANDERSON
......'
.r
-.,.,., / ,".\,f:,../J
.--" , ~~.........- \' ,,'t
'; , ",}<L.'
'. 't~,
I~~ ~-
~,.
, 'I~
/l-t-: ' 720026G4 "
'~. ~ ~t.!n.t ,~
.tJ.~A(;l J.'tU
3^"9 ... M '2
D.t O~ PAGE ~~f
;(~ f' f
f'
h'
,.l.'-~;
lL
.
RfCORDEJ
FIIKLI..A$ co. flJRJDA
. , , (f':("') I' .~
,"".'.~\..~._4.,..r..A-" 'J /:,.;..:..:r~..-~
Cl['J( C:f ~:';:T COURT
-rr,WARRANTY
~-""~~--Iffff '
DEED
- '!
.
r
THIS INDENTURE, Made this 22nd day of December, 1971, between
DAN R. ILEY and MARION F. ILEY, his wife, and WILBY F. ANDERSON and
NELLIE CLAIRE ANDERSON, his wife, of the County of Pine11as, State
of Florida, grantors, and CITY OF CLEARWATER, FLORID.A., a Florida
municipal corporation, whose post office address is City Hall,
112 South Osceola Avenue, Clearwater, Florida, grantee,
WITNESSETH, That said grantors, for and in consideration of the sum
of Ten ($10.00) Dollars, and other good and valuable considerations
to said grantors in hand paid by said grantee, the receipt whereof
is hereby acknowledged, ha~ granted, bargained and s~ld to the said
grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pine11as County, Florida,
Begin at the Northeast Corner of the Northwest Quarter (~)
of the Northeast Quarter (NE%) of Section 24, Township 29
. . .' :South, Range 15 East, thence S 0008'4811 W. along the 40
1111 f111ltlll ~Ir'-'acre line 532..113 reet:'--ror- a--ttui"'1tt--.efBS4!Ji.nn.ing, thencE'_
>-- >< ------, ,
~;::lJ southwesterly, along a curve to the left, whose chord is
~I:t: ~ 'S 77025'401lW, 102.69 feet, and whose radius is 220.0 feet:
~~ ~ :and whose arc is 103.64 feet: thence along the arc of a curve
~(f) III :to the left whose chord is S 42007 '5011 W. 14.86 feet, and
g whose radius is 20.0 feet and whose arc is 15.22 feet: thence
along the arc of a curve to the left whose chord is
S 10037'2611 W. l41.69 feet, and whose radius is 420.28 feet,
and whose arc is 142.38 feet: thence S 89004'5211 E. 135.95
. 0
feet: thence N 0 08'4811 E. along the 40 acre line, 174.82
feet to the Point of Beginning: also the following described
tract: Begin at the Southeast Corner of th& above described
tract and run thence N 89004'5211 W. along its South boundary
and along a Westerly extension thereof a distance of 667 feet
o 9 Z Z 0 more or less to the West boundary of the East half (E~) of the
Northwest Quarter (N~) of Northeast Quarter (NE%) of said
s;tIT~~ Section 24, thence South along said West boundary 630 feet
___~_ ,,_ .J!lore or less to' SouthWCilst corner of said East half (E~) of
.';Northwest Quarter (~), of Northeast Quarter (NE%): thence
East along its South boundary 667 feet more or less to its
Southeast Corner, thence North along its east boundary 630
feet more or less to point of beginning, the Southerly por-
tion of said tract being subject to easement for right of
way for Lakeview Road.
to-wit:
~ ....
~s g! ~
) o[]-
k[;;~~~. > g I
l;'~4~~:' ",,", ", " , J5
f' ,""'. 't.'.?:l:'~ ~ - 'Z:
I',~- ~t;;-~":~:~ 'N: ~ ~ ~
\\'~.....'..I,:;/;>I= '"'
\~:i~?P' ~
---~-
<!:i 0
0.... 0
-0.. cO
lI:iE CD
O~ /II
.J~ ~~~p,~
LL " :.
LL '" " ,-
>- "'.j~'J'I':lI!.'-;~
o 0:: UJ ----
.....::> ;::
W~ Z <0
UJ N
t-z > u
LU UJ UJ
~a:: c..
<(;:'01111 q
LU' ai~
'O:i: o.:~
UJe ~lIllillll
ESZOSO
HNnO:J
SVl13NI d
,...:..,',/ ,'-'.' ~.~. -" . ./'j'," . .
SUBJECT to easements, reservations and restrictions of record
. and to a certain utility easement granted to Florida Power
, RfouiHliil'
PINElLAS CO. FLORiDA
-~_,.....u~ muLLJa...c.
CLERK CIC.~JIr COURT
This Instrument was prepared b,u 7
, JOHN L. ESTES, Attorney
202 Legal Arts Bldg.
~:nWwate1'1Fla. '33516
4 31 FM '7l
~
o
Q)
~
H
o
o H
o
o H
fJ f..
Q)
"lj
Q) Ul
'0 H
~ (])
o s::
o (])
(]) >
H.~
I H
Q) 0
Or:: Ul
/l.-OJ/; (J~/
"
,~ """~~
I
~
I
"~I
I 0 3699 ,;{ }."
.,1.1\. PAH v",,)
Corporation by Dan R. I1ey and Marion F. Iley,
his wife, Wilby F. Anderson and Nellie C. Anderson,
his wife, dated April 10, 1962, over, upon and
across the following described tract of land in
Pinellas County, Florida, to-wit:
Begin at the SW Cor. of Lot 12, of Canterbury
Heights, a subdivision lying in the NE 1/4 of
Sec. 24-29-15 as recorded in Plat Book 49,
Page 16,of the Public Records of pinellas County,
Florida, and run thence along the South line of
Canterbury Road, N 89004'5211 WI' 76.85 ft. for
P.O.B. of a 1.50 ft. easement either side of
the following described centerline which bears:
S 001410I11 WI' 20.0 ft. to end of easement, which
easement further provides:
II Any thing which might have been implied aforemen-
tioned not-with-standing, this grant is for but
one anchor installation and guy wire N.W. corner
of this propertyll of Dan R. Iley, Wilby F.
Anderson and Nellie C. Anderson, his wife, plus
easement above described.
IN WITNESS WHEREOF, Grantors have hereunto set grantor's hands
and seals the day and year first above written.
Signed, sealed and delivered
in presence of:
-4CUv. a ~
Dan R. Iley
-1;; ~ . 9> ~ (Seal)
~ Marlon F. ey
/t~ ~~~(Seal)
Wi y F. Anderson
2t-P~--tt~ Ce~ U~UJA"v (Seal)
Nellie Claire Anderson
_n_~_--.,~
(Seal)
.~~~
~~~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
ss:
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgments, p~rsona1ly appeared Dan R. Iley and Marion F. I1ey,
his wife, Wilby F. Anderson and Nellie Claire Anderson, his wife, to me
knowRtq be the persons descri~ed in and who executed the foregoing instrut:'"
merl.ta~acknowledged before me that they executed the same.
wt~lIESS my hand and official se~.l..' s Dece. mber 22n~1..
~~j t?( ~
_'. Notary Public
NOTARY PUBLIC STATE OF fLORIDA AT LARGE
MY COMMISSION tXPII-H' ~PRIL 2. 1973
ION OED THRU FRED W. DIESTELHORST
, _ :J:-,hll I E,tB I .
,
.' 501 d. gO'll d-jaHi101l. o1VI.-
'. :a.u..taJaul., 9!.o,;k ~3'16
.1..
Tax pro-ration as of lO/9/71 Tax p
Closing Statement December 22, 1971 Closing
,
Seller: Dan R. I Ie y , et ale Seller:
Buyer: C5.ty of Clear\'Jater Buyer: C
_...
Property Address: Property Ad
County Pine-lIas City County p
Legal Description: Legal Desc'
Metes & bounds in NE 1/4 of Mete
Section 24. T 29S, R IS Bast Sect
SELLER'S COPY A I B BU
DUE SELLER CREDIT BUYER
1. SELLING PRICE 2~,OOO Cm- xxxxxxx xxx a. PURCHA
--------
oz. DOWN PAYMENT xxxxxxx xxx _1,000 OC) .b. DOWN P
~=----
3. MORTGAGES: a.-Assumed by Buyer xxxxxxx xxx c. f\IOlUCA
-
b.-Executed by Buyer xxxxxxx xxx
4. RENTS, pro rated d. RENT~.l
5. INTEREST, pro rated e. I:\TERES
--------
6. INSURANCE: Fire xxxxxxx x.xx f. INSURAN
Unearned
Premium I
Other xxxxxxx x.xx
Unearned
PrelnilllD
7. TAXES: g. TAXES:
a-Based oD---days credit to Seller, OT a':'Based on
~-Jlased oIL...--days credit to Buyer b-Based on.
~_19 City Taxes a b h. 19_
9. 19 County Taxes a b i. 19
!Q~ 19 Personal Taxes a I b j. 19_.- --
I
~otal $112.4'-LfRd. k.!J!.0J;;:'-<:"i::1:: O'
~rom 10/9 -2 mos. I 1. 'l'ota l
13. 21 davs 25 25 m.Frcm 1
TOTALS ?? O?C; ?l., 1 nnn nn 21 day
14. Column "A" less Column "B" 'll (\'") ~ ') r- xxxxxxx xxx n. Column'
o t BALANCE DUE SELLER ?1 .".~ ?~ - o t BALANC
{) ? r; xxxxxxx xxx
-- -
SELLER'S EXPENSES OF SALE CHARGE SELLER BU
5. Abstracting Charges o. Abstractin
16. Attomey Fee 'f' j T 1 p 111 <; 1lJ:a1l C' po 1GO ~_~ -.E.:.... Attorney
-:..:-
17. Broker's Commission I1ev F~caltv 2,luO () 0 q. Escrow F
8. Escrow Fees r. Florida R
19. Florida Documentary Surtax Stamps on Deed 24 20 s. Intangible
20. Florida Revenue Stamps, on Deed hh no t. Recording
"I. Intangible Tax on Mortgage u. Recording
~~ecording Mortgage v. Survey C
"3. Survey Charges - w. Mortgage
"4. Mortgage Transfer Fee x.
5. y.
026. TOTAL EXPENSES TO SELLER $? ":It:.n 20 Oz. TOTAL
~UMMARYI SUMMAR1:::
DOWN PAYMENT 0(2) Omit if S HA
Paid Seller
(Plus) BALANCE DUE SELLER o(t) $ 21,025.25 (plus) B
SUB TOTAL $ 2~,Q~D.~;{ NET CASH
(less) SELLER'S EXPENSES 0(26) $ ,,j...) e"'.J
NET CASH TO SELLER $ In,h7S_0''',
Ta:xes and Insuraru;e pro-rated as of , 19_, taxes T a:xes and lr
based on year 19_, in the amount of $ based on year
iAhstract delivered to Abstract deliv
~m1Jrance Policies delivered to Insurance Poli
Note, with cancelled- stamps, tn Note, with cal
"fteccived a true copy of :..bove. check for Net Cash to Seller, and hereby .. Recd ved a t
E<pprove above Dud certify it correct." correct. "
hcs idu...~ div,',ded as fo11m'JS :
'~I. I;~. i'_ndc,J:'"~30n - 2(ji).00
-'--'.
r-,( Q .i~nUl:)r:.::;on -9,237.52
~ 4 . .... .
Dan 'r, I Ie"!, - '),237.53
1:\...
. . ,,~~" -,,, --.-".- -- -.-.-. - "'"
"",.
w.~
J po/;n 1. E 1l~1
501. <;J ,.,,[ <.-.Jfaaiwn ,::ll"!J~.
,tZka'Ullatn, 9Lc~ida. 33516
ro-ration as of 10/9/71
Statement
December 22
71
,19._
Dan R. Iley, et ale
ity of Clearwater
dress:
ine l'lus
City
nplion:
s & bounds in NE 1/4 of
ion 24, T 298, R 15 East
YER'S COPY
SE PRICE
A YMENT
A
DUE SELLER
ODl)O
B
CHEDIT BUYEH
xxxxxxx x::c'\
xxxxxxx xxx
!-1__ () U 0 f) Q
GES: a.-Assumed by Buyer
b.-Executed by Buye
Jro- rated
1', pro-ratecl__
CE: Fire
xxxxxxx
xxx
xxxxxxx
xxx
xxxxxxx
XX)
U~ean)E'd
Premium
Other
xxxxxxx
x~o
Unearned
!.)remiunl
~days credit to Seller, or
days cre'!lt t?Yu~er
__ City Taxes
County 'iraxe~
Person,>.! Taxes
,';;,-,t,12:.47~~C,){T~,
J112. L1-'1._ Pd.
Q 9 - 2 mos.
a TOTALS
A~' less Column "B"
a
a
b
b
b
!JJ). ( ," ') r}
xxxxxxx XX~i
E DUE SELLEn 1 -L12.!~--=' r.; x.~.x~~~;:-~l~;-~
YEH'S EXPENSES OF SALE CHARGE BUYER
---
g; Charges
Fees
ees
eVE>nue Stamps, on Note
Tax on Mortgage
Deed
Mortgag~
harzes
Transfer Fee
EXPENSES TO BUYER
$
LANCE DUE SELLER (Ot)
UYER'S EXPENSES (Oz)
DUE FROM BUYER
$ 21,025.25
$-
$ ~r:(r25:'23
ISUrance pro-rated as of , 19_, taxc,
19_, in the amount of $
ered to
cies delivered to
!Celled stamps, to
rue copy of above and hereby approve same and certify il
(
11
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
ss:
COUNTY OF PINELLAS )
DAN R. ILEY, WILBY F. ANDERSON and NELLIE CLAIRE ANDERSON,
his wife, being duly sworn, depose and say that they are the
owners of the following described premises, situated in Pinellas
I
41'
~.
~-
,)
Begin at the Northeast Corner of the Northwest Quarter (NW~)
of the Northeast Quarter (NE~) 06 Section 24, Township 29
,South, Range 15 East, thence S 0 08'48" W. along the 40 acre
line, 532018 feet for a Point of Beeinning; thence southw~ster-
ly, along a curve to "the left, whose chord is S 770 25' 40"
W, 102.69 feet, and whose radius is 220.0 feet; and whose arc
is 103.64 feet; theace along the arc of a curve to the left
whose chord is S 42 07' 50" wo 14.86 feet, and whose radius is
2000 feet and whose arc is 15.22 feet; thence along the arc
of a curv~to the left whose chord is S 100 37' 26" W. 141.69
feet, and whose radius is 420028 feet, and whose arc is 142.38
feet; thence S 890 04' 52" E. 135.95 feet; thenceN 00 08' 4$"
Eo along the 40 acre line, 174.$2 feet to the Point of Beginning;
also the following described tract: Bf3gin at the Southeast Cor-
nGr of the above des6ribed tract and nln tfience N 890 04' 52" w.
along its South boundary andalong a Westerly extension thereof
a distance of 667 feet more or less to the West boundary of the
East half. (Eh) of the Northwest Quarter (Mq~) of Northeast
Quarter (NF:~) of said Section 24, thence South along said tvest'.
boundary 630 feet more or 1 ess to Southeast corner of said
East half (E~) of Northwest Quarter (mv~) of Northeast quarter
(NE~); thence East along its South boundary 667 feet more or
less to its Southeast Corner, thence North along its east bound-
ary;630 feet more or less to point of begin~ing, the Southerly
portion of said tract being subject to easement for rieht of
way for Lakeview Road.
I
and are familiar with the facts herein stated, that there are no out-
standing and unpaid claims of any kind for supervision, labor or
materials for repairs, construction or improvement of the premises
above described for which a mechanic's lien could be impressed against
said property.
)J?C<<-, R *=
Dan R. Iley
y, 0 ~- /
~. /~ c:..~ /( 17~cle~~--pt--/
\ w' by F. Anderson
~ ~~ W.l~yV
Nellie Claire Anderson
~
Subscribed and sworn to before me, this~ day of December, 1971.
>,-I--...~ ~ . :;;~~>
Notary Pub1i'c
{SEAL) This Instrument was prepared bt --- l'\9~ ~'t ~: 1913-
JOHN L. ESTES, Attorn8T 5't..'ti Of ~t~, ~f'~\ist l
202 Legal Arts Bldl'. ot..ri 'U~~S\Ot'l g~. O\t$ttU'O
Clearwater, Fla. 8881' "tIt\~~ ,,,IU fJ
-------~---------------
-------------
FUND FORM 1 (OG) (Rev. 5/25/70) Florida Press-20M-4/71
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Iljj~~~Iljj~~~~~~~~~~~~~~~~
~ ~
~ OPINION ON TITLE g;j
~ i
I ~
~ JOHN L. ESTES ~
I (Attorney or firm of attorneys) Ii!
Ii! ~
~ 106 South Orion Avenue ~
~ ~
~ (Ad~) ~
~ Ii!
I Clearwater 33515 Ii!
"" Florida ~
~ ~
~ ~
@ ~
~ and GUARANTEE OF TITLE (OWNER) by ~
~ ~
, Lawyers' Title Guaranty Fund i
I Qualified with and 6upervised by Insurance Commissioner of Florida i
~ ORLANDO, FLORIDA l!!I
~ Ii!
Ii! CITY OF CLEARWATER, FLORIDA, a municipal corporation ~
l!!I Owner ""
~ ~
Ii! l!!I
Iii Declared value of property: Effective date of this document: Ii!
~ Ii!
I $ 22,000.00 January 10 .19 72 at8:OO A.\I. I
~ Based on an examination of the certified abstract of tiUe (or certified chain of title and an examination of the public records indicated ""
Iljj thereby). and an examination of the public records subsequent to the period covered by the abstract or chain of title, the undersigned. a Ii!
l!!I member (or afinn composed of members) of LAWYERS' TITLE GUARANTY FUND. hereby renders the above named Owner this opinion and I
I advises that, in the optnton of the undersigned. the estate or interest of the Owner in the real estate described in Schedl1le A hereof is the
l!!I estate or interest specified in said Schedule A, and further advises that, in the optnJon of the undersigned, such estate or interest of the Owner
~ is free encumbrances, liens. and other objections, except such encumbrances, liens, and other objections as are shown by Schedule B @
~ herea. ~ ~
@ t'. - @
I . (~LV January 17, 1972 Ii!
, n L. Estes (SEAL) Date Signed I
I @
I GUARANTEE OF TITLE Ii!
I ni CONSIDERATION of the above named attorney at law (or firm of attorneys at law) having qualified as and being a member (or mem- I
; bers) of LAWYERS' TITLE GUARANTY FUND, LAWYERS' TITLE GUARANTY FUND (a business trust under the provisions of the Declara- ~
~ tion of Trust filed with the Secretary of State of Florida. at Tallahassee, Florida, on March 22, 1947, and any amendments to the Declaration of
i~ Trust) subject to the Conditions herein. guarantees to the Owner named above, the Owner's legal representative, heirs, and/or devisees. that Ii!
~ the estate or interest of the Owner specified in Schedule A hereof in the real estate described in said Schedule A is free of encumbrances.
liens. and other objections. except such encumbrances, liens and other Objections as are referred to in Schedule B hereof; and, SUbject to the
I Condltlonsherein. will pay to the Owner aU loss or damage. in an amount not to exceed the amount of the declared value of the property, as Ii!
~ stated above. the Owner may sustain because of encumbrances. liens, or other objections on or to the estate or interest of the Owner that are ~
II not excepted in Schedule B (or excluded in the Conclltions) hereof. This guarantee shall become effective when the optnJon above has been Ii!
~ duly signed and delivered by a member of LAWYERS' TITLE GUARANTY FUND. Ii!
Ii! ~
l!!I IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed in its' name by.its President @
I!;] and Executive Secretary and' its seal' affixed. aU by cIlrecUon of its Board of Trustees. ~
1iJ l!!I
I ~
I Lawyers' Title Guaranty Fund S E R I A L Ii!
I Ii!
I By ~/~ M:=NOo'OG N~ 484406 I
I Paul J. Stichler i~
~ President and Executive Secretary II
Ig] SCHEDULE A II
I!;] @
~ ~
~ @
I 1. The estate or interest of Owner covered by this document is: Fee simple Ii!
~ l!!I
~ ~
~ ~
~ ~
Ii! 2. Record evidence of the Owner'l title is: Warranty deed dated December 22, 1971, filed i
R December28, 1971 in O.R. 3691, Page 146, and refi1ed in O.R. 3699, Page i
d 592, executed by Dan R. Iley and Marion F. I1ey, his wife and Wilby F. i
II Anderson and Nellie Claire Anderson, his wife, to City of Clearwater, I
I Florida. I
~
rgj
rgj
rgj 3. The real estate on which this opinion is rendered and this guarantee is given is located in
I Florida. and is described as:
pinellas
[l;j
Iffi
!;!I
County. rgj
rgj
Iffi
""
Begin at the Northeast corner of the Northwest 1/4 of
the Northeast 1/4 of Section 24, Township 29 South,
Range 15 East, thence S 00 18148" W along the 40 acre line,
532. 18 feet for a point of beginning; thence Southwesterly along
a curve to the left, whose chord is S 7702514011 W 102.69 feet,
and whose radius is 220.0 feet; and whose arc is 103.64 feet;
thence along the arc of a curve to the left whose chord is
S 42007'5011 W 14.86 feet, and whose radius is 20.0 feet and
M-2052 whose arc is 15.22 feet; thence along the arc of a curve to the
OG No. .4S~406/ left whose chord is S 10037 t26" W 141. 69 feet and whose radius
:'F ~'<. ~<') is 420.28 feet and whose arc is 142.38 feet; thence S 890 04/52? E
-----~~-- 135.95 feet; thence N 0008'&48" E along the 40 acre line, 174.82
. . . feet to the point of begin:,-ing; als 0 the following described tract:
Begin at the Southeast corner. of the above described tract and
run thence N 89004152" W along its South boundary and along a
Westerly extension tllereof a distance of 667 feet more or less to the
West boundary of the East Half of the Northwest'Quarter of
Northeast Quarter of said Section 24; thence South along said West
boundary 630 feet more or less to the Southwest corner of said East
Half of Northwest Quarter of Northeast Quarter; thence East
along its South boundary of 667 feet more or less to its South-
east corner; thence North along its East boundary 630 feet more
or less to point of beginning; the Southerly portion of said tract
being subject to easement for right of way for Lakeview Road;
I
Attachment to
~ ~
I!!I I!!I
I!!I . Iffi
Itij RliCF1Vf.....'.!.\... Iffi
I!!I i ~
~ 1.IAc> r i
/ljj (For other objections or exceptions or for conUnl,llltions attach exhibits as required.) "ji'U1:l "I Cl'}} [g]
Iffi , J- .".... [g]
i ..' / /'1'/" ..' ("","C'.. ~
I!!I ...' .. /.' ... .... ,,,,1,1.'(, CIl;.):',...., rlv
I!!I \~. , '(/ . ......d'" /ljj
i!iJ1!!lrl!!1l!)1!!I1ffill!)ilill!:1!!I1!!I[g]f!!i1ffi~1ffi[g]f!!i1!!l~1ffi~1!!I~M!!J~:;~1 l(6t.!~l(Ift1~~I!!I~~lffirgjrgjrgjlffill!Jrgjl!!ll!!ll!!lll!J~I!!I~IW.illl;J
, ( .<:
r2? ~'~
CONDITIONS
1. LAWYERS' TITLE GUARANTY FUND, hereinafter termed "The
Fund", shall have the right to, and will at its own expense. defend
the person, persons, corporation, or association to whom this guarantee
is issued, hereinafter termed "the Owner" (which term shall include
a lessee or a purchaser under contract, if such is the interest guaran-
teed as shown in Schedule A hereof, and shall include the legal rep-
resentatives, heirs and devisees of the Owner but shall not include a
purchaser from the Owner), in any action of ejectment or other action
or proceeding founded upon a claim of encumbrance, lien. or other
objection which existed or is claimed to have existed prior in date
to the effective date hereof and not excepted in the description of
the property herein, nor by Schedule B hereof, nor by these con-
ditions; reserving, however, a continuing option of settling the claim
or paying this guarantee in full; and the payment or tender of pay-
ment to the full amount of this guarantee shall terminate all liabil-
ity of The Fund hereunder. It shall be the duty of the Owner prompt-
ly, upon learning of such a claim, to give The Fund written notice
thereof, addressing the notice to LA WYERS' TITLE GUARANTY
FUND, Orlando, Florida, with full particulars, and in case any action
or proceeding as hereinabove mentioned shall be brought, it shall be
the duty of the Owner at once to notify The Fund thereof in writing,
by addressing the notice as above set forth, and The Fund shall have
the right to defend such action or proceeding in the name of the
Owner, in its own name. or in such a mal).ner as The Fund may elect
and the law may allow. If such notice of claim shall not be given
with reasonable. promptness, .or if notice of suit shall not be given to'
The Fund, by addressing it in writing as above set forth, within seven
days after summons or other proce~s in such action or proceeding
shall be served upon the Owner, then all liability of The Fund in
regard to said claim, or. the subject matter of such action or proceed-
mg shall cease and terminate; provided; however, 'that failure to notify
shall in no case prejudice the claim of the. Owner if the Owner is
not a party to such action or proceeding, nor be served with summons
therein, nor have any knowledge thereof. By undertaking the defense
of any action or proceeding, The Fund shall not be deemed to have
admitted liability hereunder, nor shall it be thereby precluded, after
complete investigation and ascertainment of all material facts, from
questioning its liability. The Owner, whenever requested by The Fund,
by Its chaIrman, executive secretary, or attorney, shall aid in effect-
mg settlement, securing information and evidence, the attendance of
wItnesses and in prosecuting appeals, but shall not voluntarily assume
any liability or interfere in any negotiation for settlement of any
legal proceeding, or incur any expense or settle any claim. without the
wntten consent of The Fund previously given, except at the Owner's
own expense.
\
2.. Nothing contained in this guarantee shall be construed as guar-
an teemg agamst loss or damage; (1) resulting from fraud on the part
of the Owner: 12) by reason of the Owner not being a bona fide pur-
chaser for value; (31 resulting from defects, liens. encumb~ances. ob-
jections to title, adver5e c:aL~.s, or other matters (a I created. suffered.
assumed or ag~e-<'c 10 by the assured claimant; or (bl knowr. to the as-
sured clalo::,,::t e::,'er at the date of the guarantee or at the date such
a,sured acqL::rE-c an estate or interest assured by this guarantee and
no: d:>clo"",j t." T~e Fund or not shown by the publ1c records: (4) by
reason of the fac~ :~.at the Owner contravened any bankruptcy law
in acquiring the e,tate, or interest hereby guaran~eoed: 15) by reason
of any right of dower of the spouse. Or ::o".e,~ead rights of the spouse
and children of the Owner; (6) resu:~mg from the refusal of any par~y
to carry out any contract to purcha5E. lease or lend money on '!he
estate or interest of the Owner: 17) by reason of the exercise of en-
forcement or attempted enforcement of any governmental police power
or any right of eminent domain over the property hereby guaranteed;
. -----Gr- (S} r-esult-in-g-.f-i"em--any---eneumbrance, li€-n 01" other- objEction arising
after the effective date of this guarantee.
3. If the interest shown in Schedule A-I herein is a leasehold this
guarantee is subject to all terms and conditions of said lease as describ-
ed in Schedule A-2 and the limit of the liability of The Fund under
this guarantee shall be: (1) The.fair and reasonable value of the lease-
hold in excess of the rent paid or to be paid for that part of the
term of the lease that is unexpired at the -time an adverse claim
on which the Owner's right of recovery under this instrument is
established, and (2) the fair and reasonable value of any improve-
ments purchased or made by the Owner on the leased premises and
authorized by the lease, which said improvements, if they partake of
the nature of real property, for the purp03e of this guarantee, shall be
considered as real and not personal property, and (3) the items pro-
vided for by paragraph 8 of these conditions provided. however, that
under no circumstances shall liability of The Fund under (1) and (2)
of this paragraph exceed the declared value hereof. If the interest
shown in Schedule A-I herein is that of purchaser under contract of
sale, then this guarantee shall be subject to all the terms and con-
ditions of the contract of sale.
4. Notwithstanding any language to the contrary typed with the
description in Schedule A-3 herein, nothing contained in this guaran-
tee shall be construed as guaranteeing (0 title to personal property
even though the same may be attached to, or used in connection with
the real property described in Schedule A-3; (2) the title or rights of
the Owner in any property beyond the boundaries of the property de-
scribed in Schedule A-3 of this guarantee, or in any streets, roads,
lanes, alleys or other ways in or upon which said property abuts, or
to tide lands, or lands compriSing the shores or bottoms of navigable
waters, or lands beyond the harbor or bulkhead lines as established
by governmental authority; (3) riparian or littoral rights, or (4) title
to filled in lands unless, following the description in Schedule A-3, a
specific statement shall be made that said property in whole or part
comprises filled in land and title thereto is guaranteed under this
guarantee, notwithstanding any condition provided in this guarantee.
5. No claim for damages shaH arise under this guarantee except
under the several provisions and conditions herein, and then only
after an encumbrance, lien or other objection not excepted in the de-
scription of the property herein, or in Schedule B or excluded by the
conditions of this guarantee has been adjUdged by a final determina-
tion in a court of competent jurisdiction to be valid and effectual to
charge the real property described in Schedule A of this guarantee.
In litigated matters, The Fund shall always have and be entitled to
exercise the right of appeal to a court of last resort and so long as
the right remains open to it, there shall not be deemed to have been
a "final determination" of the questions at issue. Provided, however,
if the decision of the trial court be adverse and of such a character
as to require supersedeas for the protection of the Owner pending
appeal, The Fund will, to the extent of its pecuniary liability to the
Owner, supersede such adverse judgment or decree. If supersedeas in
excess of The Fund's liability is required, it shall be the duty of the
Owner to furnish such supersedeas, and The Fund will not be re-
sponsible for any loss or damage resulting from the failure of the
Owner to do so. In every case where liability of The Fund has been
fixed in .accordallce with these conditions, the loss or damage shall
be. payable within 30 days thereafter.
6. In case of any loss to the Owner by reason of a defect, lien,
or encumbrance affecting only a part of the guaranteed property, the
measure of damages which the Owner may recover under this policy
shaH not be a greater fractional part of the declared value of the prop-
erty as stated in this guarantee than the proportion which the prop-
erty affected by such defect or encumbrance, exclusive of improve-
ments made thereon subsequent to the date of this guarantee, bears in
value to the entire property covered by this guarantee. AH payments
under this guarantee or under any guarantee issued to the Owner's
successor in title covering all or any part of the land decsribed here-
in shall reduce the amount of the insurance pro tanto and no pay-
ment shaH be demanded without producing this guarantee for en-
dorsement thereon of such payment. If this guarantee be lost, in-
demnity must be furnished to the satisfaction of The Fund. Any loss
payable under this guarantee may be appl1ed by The Fund to the
payment of any mortgage mentioned in Schedule B, the title to which
is also guaranteed by The Fund, or which may be held by The Fund,
and the amount so paid shall be deemed a payment to the Owner
under the guarantee.
7. Whenever The Fund has settled a claim under this guarantee
it shall be entitled to the rights and remedies which the Owner would (
have had against any other person, persons. or property in respect
to such claim, had this guarantee not been issued and the Owner t
undertakes to transfer or cause to be ~ransferred to The Fund such (
c;gJ-:ts. togefthetrh with the ritghht to, U5E ~~e nhame fOf bthe Ot~ner when .'
n~sary or e recovery ereo.. suc,. ng. ts 0 su roga IOn to vest
m T::e F:md unaffected by any actIOn of the Owner.
8. The Fund will pay, in addition to the loss, all costs of court
imposed on the Owner in litigation carried on by The Fund for the
Owner under the requirements of this guarantee but it will in no case
_be liable fQr. th_e feg~_ of any_ coun'ie] _OI_ _attorney employ-,,~_ by. tl1e_
Owner. and the loss paid, exclusive of costs, shall in no event exceed -
the amount of this guarantee.
9. In the event this Guarantee is issued in conjunction with a
Mortgage Guarantee or Policy, any amount which may become pay-
able under this Guarantee shall be automatically reduced by the
amount of any loss paid by The Fund or which The Fund shall become
liable to pay pursuant to said .Mortgage Guarantee .0rPolicy.
10. In accepting this guarantee, the Owner accepts the same as
the contract of LAWYERS' TITLE GUARANTY FUND as a pure trust
and not as a partnership. Such acceptance shall constitute an agree-
ment by the Owner with The Fund to look solely to the assets of
The Fund for damages and for performance of this guarantee, and
no member of The Fund and no trustee of The Fund shall be person-
ally liable on account of this guarantee.
II. If the Owner institutes an action or suit on this guarantee.
it shall not be necessary to name the members of the Board of Trus-
tees, as the Board of Trustees of LAWYERS' TITLE GUARANTY
FUND, as defendants. In order to save the Owner the annoyance and
initial expense of ascertaining the names of the members of the Board
of Trustees and naming them and having them served with process,
it shall be sufficient merely to name LAWYERS' TITLE GUARANTY
FUND as defendant and it shall be sufficient service of process to
serve the Executive Secretary as such, or, in the absence from the
State of Florida of the Executive Secretary, service may be made on
the Chairman of the Board of Trustees. Thereupon, the members of
the Board of Trustees shall. without raising the issue of the suffici-
ency of naming of defendants and serving of process, appear as the
Board of Trustees of LAWYERS' TITLE GUARANTY FUND and the
action or suit shall proceed against the Trustees as such.
11Il!I1mi!I~~~~~~~.~Ilml1JgIIl!I~~IllIIiffi/J~~IIl!ID_~IlmlI~~~~~~IlmlII!!II!!II!!II!!II!!I~~Ii!II!!II!!II!!I!!II!!I~[l;
~ ~ ......1 ~