STEWART TITLE GUARANTY COMPANY
AL TA Owner's Policy - Form A - Amended 10'17-70
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POLICY OF TITLE INSURANCE ISSUED BY
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STEWART TITLE
GU ARANTY COMPANY
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SUBJECT TO THE EXCLUSIONS FROM COV~~AGE, THE EXC~~TIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS .4.~O STIPUlATIOi\lS} HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, TexasFhefein 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, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1.
President
than as stated therein;
2, Any defect in or lien or
3. lack of a right of access to and
IN WITNESS WHEREOF, Stewart
du Iy authorized officers as of Date of
policy to be signed and sealed by its
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Chairman of the Board
Countersigned:
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Authorized Countersignature
EXC LUSIO"'~~RPM:GOV E RAG E
S't/tN,>!;!)
Con/ran
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibitin'g a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domllin or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, I iens, encumbrances, adverse claims, or other matters (a) created, suffered. assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; (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. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A.
Page 1 of 0 9901
Policy .
Serial No. .
48571
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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 may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
referel1ce in Sgl1ecju Ie. A, and improvements affixed thereto
which by law constitute real property; p'rovided, however,
the term "land" does not include any property beyond the
lines of the area specifically 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": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force. in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy. If such prompt notice shall not be given to the
Company, then as to such insured all liability of the
Company shall cease and terminate in regard to the matter
or matters for which such prompt notice is required;
provided, however, that failure to notify shall in no case
prejudice the rights of any such insured under this policy
unless the Company shall be prejudiced by such failure
and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay 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, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such 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.
(e) 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 hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose, Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred,
4.
NOTICE OF lOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO
CLAIMS
PAY OR OTHERWISE SETTLE
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
, of ti~le, or interest which is adverl to the title to the estate claimant and authored by the Company,:
(continued and cOtlcluded ~m last page of this pclcy)
ALTA OWNER'S POLICY -Amended 10/17/70
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SCHEDULE A
Order No,:
8408024
Policy No.: 48571
Date of Policy: August 22, 1984
Amount of Insurance: $ 17 ,000.00
1. Name of Insured
City of Clearwater, Florida, a municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simpl e
3. The estate or interest referred to herein is at Date of Policy vested in:
City of Clearwater, Florida, a municipal corporation
4. The land referred to in this policy is described as follows:
Lot 6, in Block "C"~ Clearwater Highlands, Unit "B", according to the map
or plat thereof, as recorded in Plat Book 30, page 29, Public Records of
Pinellas County, Florida.
Page 2
STEWART TITLE
0012
50M 2,83
GUARANTY COMPANY
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AL T A OWNER'S POLICY - Amended 10/17/70
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SCHEDULE B
Policy No.: 48571
This policy does not insure against loss or damage by reason of the following:
1, Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate surveyor inspection of the premises.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable
rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as
established or changed by the United States Government or water rights, if any,
7. Taxes for the year 19 84 and thereafter.
8. Subject to restrictions recorded in Deed Book 1389, page 200, Publ ic Records
of Pinellas County, Florida.
9. Subject to a 3 foot public utility easement over and across the West boundary
line (rear) as shown by Plat Book 30, page 29, Public Records of Pinellas
County, Florida.
10. Subject to any 1 ien for municipal improvements or services to captioned land
which has not been fil ed for record in the offi ce of the Cl erk of the Circuit
Court of Pinellas County, Florida, and any and all outstanding assessments
projected or to be projected, if any.
ll. subject to water, sewer, or garbage removal servi.ce charges, if any, due and
payable to a municipal .authority.
12. Subject to zoning and/or other governmental prohibition or regulations affecting
the use of the property.
13. Titl e to any furniture, furni shings, fixtures, or chattels or personal property
located in, to or upon the land described in Schedule "All hereof. Title to
mobile homes i.s neither guaranteed nor insured under the terms of this pol icy.
STE'\~An,T TI'I'LE
2113 (Rev. 3/80)
10M-1-84
GUARANTY COMPANY
Page 3
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. CONDITIONS AND STIPULATIONS Continufd
..' (c<ttinued and concluded from reverse side of Policl Face)
6. DETERMINATION AND PAYMENT OF lOSS if the amount of insurance under this policy was di~ided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
(') th t II f h' d . subsequent to Date of Policy, unless a liability or value has
I e ac ua oss 0 t e Insure claimant' or h'
, ot erwlse been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect
lien or encumbrance or establishes the title as insured'
within a reasonable time after receipt of such ~otice; (b) i~
the event of litigation 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, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or su it without prior written consent of the Com-
pany.
8.
REDUCTION 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, No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. 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 either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured 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. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. 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 said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insu red claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
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 hereunder which shall exceed the amount if
any, lost to the Company by reason of the impairment'of
the right of subrogation,
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
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 any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this pOlicy can be
made except by 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.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, p, O. Box 2029,
Houston, Texas 77252,
14. The premium specified in Schedule A is the entire
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
requ ired to be shown in the state in which the policy is
issued.
STEWART TIr.I~LE
GUARANTY COMPANY
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STEWART TITLE
GUARANTY COMPA.NY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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S~ancfi!JI q{ ConrraCl
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
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POLICY
OF
TITLE
INSURANCE
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