WILLIAM AND MYLDRED BLACKBURN (4)
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TUTBLANX REGISTERED U. S. PAT. OFFICE
Tuttle Law Print, Publishers, Rutland, Vt.
G,R 2358 PAGE 64
Wherever used herein, the term ((party" shall include the heirs, personal representatives,
succe8~ors and / or assigns of the respective parties hereto; the use of the 81:n~u1ar nu,mber
shall Lnclude the plural, and the plural thE! singnlar; the use of am! i2'ender shall inclu,de
aU genders; and, 1f used, the tcrni "'note" shall include all thl~ notes };eJ~iJl described if more
than one
Made this
Wrtutttn
25th
day of
March
A. D. 1966
William G. Blackburn and Myldred L. Blackburn, his wife, and
Wallace W. Blackburn and Elizabeth A. Blackburn, his wife
of the County of Pinellas in the State of Florida
party of the first part, and
City of Clearwater, Florida
(:i ty Hall Clearwater. f
of the County oJ Pineilas m the State 0 Florida
party of the second part,
JIIttnflUlrtlJ that the said party of the first part, for and in consideration of
the sum of Ten Dollars and other good and valuable con&lideraUons-------.Dollars,
to him in hand paid by the said party of th,e. second part, the rece~pt whereof ~s hereby
acknowledged, has granted, bargained and sold to the said pa,rty of the second part
his heirs and assigns forever, the following described la,nd, sUuate lying and being in
the County of Pinellas , Sta,te of
Florida,. to wit:
Lot 233, MORNINGSIDE ES~TES, UNIT 2, according to the map or plat
thereof as recorded in Plat Book 60 Page 33 of the Public Records
of Pine11as County, Florida.
Subject to taxes for the year 1966 and thereafter.
Subject to easements and restrictions of record.
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And the said party of the first part does hereby fu;lly warrant the title to said land,
and will defend the same a,gainst the lawful claims of all persons whomsoever.
In .Ul1flUl .iJrrfnt. the said party of the first part has hereunto set his
hand and seal the day and year first above written.
Signed, Sealed and Delivered in Our Presence:
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arountg of Pine llas
11 llbrrhg arrrtifg That on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowled~ments,
William G. Blackburn and Myldred L. Blackburn, hiswife~ and
Wallace W. Blackburn and Elizabeth A. BlackburIl"his ,wife
to me well known and known to me to be the individual described in and who
executed the fore~oin~ deed, and they duly , ackn.?ftJl;ed&ed before me that
theL~xecuted the sam e freely and voluntarily for~}f,~,T?-,jl:P9.s"R::,t:herein expressed.
:fllllttnrss my hand and offi,cial 8eal at Clea~:ter ,;" '-', .:
County of Pinellas , and State 01?lfioniaa,':'-t,his./-j'~,25th i
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day of March , A. D. 19 66 (X, ".q . " ., i~,".~'07S.,,: ":"t;..,, ..,',:
My Commission iIINIi....,. 'IDI' 01 floOd' ,t '"'' ~t{f1,:)f.~gi~!~ .~'--
My Commission Expires. Mar. 4. 1968 Nota.,y'l?Jfblic J I) ,/, /:'.,J. __
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
STANDARD FORM A - 1962
10 13 01 01478
CHICAGO TITLE INSURANCE COMPANY
A STOCK COMPANY
a corporation of Missouri, herein called the Company, for a valuable consideration, hereby insures
the party named in Schedule A, hereinafter called the Insured, the heirs, devisees, personal representa-
tives of such Insured, or, if a corporation, its successors by-dissolution, merger or consolidation, against
loss or damage not exceeding the amount stated in Schedule A, together with costs, attorney's fees and
expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations
hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the
land described or referred to in Schedule A, existing at the date hereof, not shown or referred to
in Schedule B or exc1udedfrom coverage in Schedule B or in the Conditions and Stipulations; or
2. Lack of a right of access to and from the land;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations
hereto annexed; all as of the date of this policy.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed
and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned
by an authorized signatory.
Florida Bonded Title Company
Metropolitan Building
318 S. Missouri Avenue
Clearwater, Florida
CHICAGO TITLE INSURANCE COMPANY
By:
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Suite 112, 300 Building
St. Petersburg, Florida
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Valiating Signatory Pre~
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IMPORTANT
Secretary.
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- - - This-poficy necessarily relates solely to the title as of the date of the policy. In order that a
~' _ pUrcfi~er of the real estate described herein may be insured against defects, liens, or encum-
.., '"br~s, this policy should be reissued in the name of such purchaser.
~..:~~~~ ':?~~',;i!~ i\f:;: -~. ~~:: ~~~-.. ,:r~t, -'~?l.:t;~ 'fii~~iir.:, 'Eli 1~i" ,~~-:,~!:' '-~ . '~'- ~i~' '- ;",~!f,( , _~.' 'Ii- ii~ '1'W !,,"-~!!_1\~ "~";iif!~~ni.'\~",. ~'qJ":{ ., ~,,, ;$1!'i'(..lj, :'"",,__~';ii:~
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Pol,icy Number 10 13 01 0147&
Owners
March 30. 1966
Dote of Policy
Amount of Policy $4.700.00
Owners
l.Name of Insured:
CITY of CLEARWATBR., FLORIDA
2. The estate or interest in the land described or referred to in this schedule c;overed by this policy is:
FEB SIMPLE
3. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
Lot 233 t HOUDtGSIDB ESTATBS t OBIT 2, accordius to
the map or plat thereof, as recorded in Plat Book 60,
Page 33, of the Public Records of Pinellas County,
Florida.
This policy valid only if Schedule B is attached.
B
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Policy Number 10 13 01 01411
Owners
This policy does not insure against loss or damage by reason of the following exceptions:
(A) Rights or claims of parties in possession not shown of record.
(B) Encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate
survey and inspection of the premises.
(C) Easements and claims of easement not shown of record.
(D) Mechanics' or materialmen's lien or other statutory liens for labor or material not shown of record.
(E) Taxes or special assessments which are not shown as existing liens by the public records.
(F) Rights of Dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(G) The mortgage or trust deed, if any, shown as Item 4 of Schedule A.
(H) General Taxes for the year 1966 aad thereafter.
(I) Covenants, conditions and restrictions ~posed by instrument recorded
in O. R. Book 1923, Page 555, of the Public Records of Pine11as County,
Florida. (see copy attached)
(J) Drainage and Utility Basement over the rear 5 feet of captioned property,
also over the Southwesterly 1 1/2 feet thereof. (Plat Book 60, Page 33)
Schedule 8 of this Policy consists of
pages.
}/RES'l'F.ICTIONS iInpY'~d ~ MOmrINC;SIDE~-ESTATES, -UNIT. I, dated May 2, 19~4,
,..:filed for record !~ay 8. 1964 at 9 A..l-1. as clerk' s indt.t:amentnu..'D.ber '
0-186600B and recorded in O.R. BoOk 1923 pages 555 to 559 both inclusive.
l<NOW ALL MEN BY THESE PRESENTS: That whereas, the undersigned is the
o~mer of the property in MORNINGSlDE F..sTATES UNIT 2, locat?d in Clearwater,
pinellas COtUlty, Florida, and more particularly described as follows:
JJOTS 209 through 255, inclusive
MORNINGS IDE ESTATES UNIT 2
THEREFORE, THESE PRESENTS WITNES8B1'H: That these restrictions and
limitations shall be covenan'tS running with the land, regardless of whether
or not they urc specifically mentioned in any deeds of conveyance subseq-
i.!cntly e>~ecuted.
A. BUILDINGS
1. All of tb.e above lots shall be known and described as residential prop-
erty CJnd no structure shall be erected on any parcel of the same other than
one single family dwelling and one attached private garage of the same
archltecture and general design a.s the residence, both\to be constructed of
ne,,] materials. All structures shall not be less than 50% concrete block-
st'2Ccoed masonry construction and zhall have tile roofs. Marble chip or.
equivalent ~ay be u~~d for roofcons~Jction in the rear of the house only-
for roof of such areas as Flor.ida Rooro. and Screen porcheS . Other roofs may
be submitted to architectur-al. board together' with design data for .-eonsidera-
.t:.ion.
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2. No outbuildL'"lg of any nature" may be erected on the property and n.o
garage or other structure. shall be erected on the property prior to the
er&:::tion of the. residence. Lean-to.s, or car ports are expressly prohibited.
_, 3. No trailer # basement, ,tent, shack, garage, barn or other outbuilding
shall at any time be stored, erected, placed on the site or used as a resi-
dence, temporarily or permanently, nor shall any residence of a temporary
character be permitted. No structure of any kind shall. be, moved onto any
par~of the above described property. ~!o dwelling shall be' occupied prior to
coffi[lleti,on of: construction incltliU ng final painting.
4. All residences shall be erected in accordance with the fo1lowingscheduJ.e
of niniIm;.msquare feet of floor area of the ground floor, exclusive of
porches, patios, breezeways, garage and other areas which are either open or
,~nclozed so.lely by screens. For the purpoces of measurement for comp.liance
'i.'lith this restrictJ.o..'1, outside wall dimensions IT".ay be used. Schedule of
r.-.:Lnimumsquare fect of floor area as follows:
LOTS. 209 through 256, inclua1ve..........l400 sq.ft.
t:; . No structt!re shall be erected or moved upon. any part of the premiseS--
herein, nor shall any change or modifications be made in t~o exterior of
any su.ch structure unless the exterior plans and speci.ficationS therefor
:l'\o~.o];Lng the nature, kL"1G, ~hape, height and location thereof, shall have
:~en submit.ted to and apPfoved in writing ,by the developer, his heirs or
.~\s:tgns .
B. LOTS AND LOCATIO:t:!S OF BUILDINGS
l. Should more than one lot, as shown on the plat of the subdivision, be
mad as a single building site, these restricti.ons sh~ apply as though .the
ntire building site \\~re one lot.
:, No buildir:g shall be erected nearer than twenty-five (25) feet to any
::ont lot line or ,,:~loser than fifteen (15) feet to any street lot line. No.,o..ilding 0:;: part t:hcreof shall b~ erected nearer than seven and one-half
7~) feet 'co any side lot line or ten (10) feet of the rear lot line.
No lot ~;::y be reduced in size from the size shown on the record plat
~:ithout the \"lritt.en conoont of. the developer.
C ~ AP.CHITZCTURl'J:, l'.rtPP.rJVAJ..
]; 11e bui.ld:tnq, $~~.:::-'~V:tlU:'a 0:: in34.:.2J_J.C1~:;tO;:4 i':1.:.:1w:lin,s but not limited to
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res1deDc:e, garage, patio, wall, fence, mass planting and barbecue grill,
shall be constructed, erected, placed or permitted upon the property until
the plans and specifications therefor have been approved by the geveloper,
his heirs or assigns. The complete plans (i.e., plot plan, grading plans,
construction plans, including but not limited t~ front, side and rear ele-
vations, floor plans, foundation plans, etc.) shall be submitted by the
owner to the developer in duplicate, one of which shall be returned to the
owner when approved or rejected, and the other retained by the developer.
Approval by the developer of said plans and specifications shall not be
deemed to be a waiver of these restrictions. The developer hereby reser-
ves the right to disapprove plans and specifications solely on the basis
of aesthetics. If an approval or disapproval, as set out above, is not
given in writing within a period of thirty (30) days by the developer to
the person or persons requesting same, then no approval will be required,
provided that the design, construction and location on the plot conform to
the covenants and restrictions described herein, and are in harmony with
the structures in the same zoning then existing in said subdivision. The
exterior walls of any structure shall be not less than 5~~ masonry constru-
ction with exterior finish of painted stucco or of brick, stone or similar
masonry material. No unstuccoed block will be approved, unless it is a
decorative or colored block specifically intended as a finished material.
No alteration, addition or extension to any structure or existing struc-
ture shall be permitted without the approval of the developer. When air
conditioning equipment is to be included or added to building construction,
it shall be located so as to be screened by view from the street in front
of the lot and hous e in question. Except for porches and patios, roofs
shall have a pitch of not less than 211 in 12'.
2. No grade or elevation of any portion of any lot may be cha~ged without
the specific written consent of the developer.
3. No curb, drainage structure, water lines, sewer lines of any street
shall be removed or altered for any purpose without the specific written
consent of the developer.
4. Owners of respective lots shall be directly financially responsible to
the developer for damage to the foregoing improvements resulting from the
/.~actions of employees of said owners or independent contractors furnishing
. labor or materials to or for said owners. No structure shall be erected,
placed or permitted, and no alterations shall be made or permitted on the
property which shall in any way hinder the surface or Sub-surface drainage
of the property.
D. FENCES,WALLS, SWIMMING POOLS, CWTHES POLES AND LINES
1. No fence or wall will be permitted on any lot in front of the front
building setback line which is over 42 inches (42") in height and has a
total occlusion of over one foot (1'). Rear fences may be constructed
behind the front building setback line which have a total occlusion not in
excess of 5~~ of the area to heights not in excess of six feet (6'). Solid
walls or walls with over a 50% occlusion may not exceed four feet (4') in
height.
2. No clothes drying poles or lines shall be erected or used on the pro-
perty in such a manner that said poJ.es, lines or clothing thereon shall be
visible from the street.
3. No fence, wall, tree, hedge, shrub, or any obstruction of any nature
which obstructs the view above three feet (3') or below seven feet (7')
above the adj acent roadways shall be placed or permitted to remain on any
corner lot nearer to either street than the respective property line.
4. All garbage or trash containers, air conditioners, oil tanks, bottle
gas tanks, soft water tanks, swimming pool filters and equipment and
similar structures or installations, shall be placed unde.r..the surface of
the ground or placed in walled-in areas so that they.-shall not be visible
from the street or from adjacent property.
5. No sw1nuning pool may be constructed which is not fully enc losed by an
adequate screened enclosure or a four foot (4') high locked fence.
E. WALKS ,"DRIVEWAYS AND LAWNS
1\11 waJ.ks arid driveways shall be constructed or concrete from the curb to
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the lot line and the reJn;iljn.der . shall be paved- conti.nllOusly .of" concrete' .
unless otherw;Lse- a~~ by the developer. No strip or ribbon driveway,s--
shall be constructed....or-peJ::JDit.:t.. Plans and specifications for walks and
driveways shall be subject to the approval of the developer and shall be
submitted .tothe deV'Qlopar'toqether with the plans for any proposed re-
sidence.
F. ..sIDEWALKS,.,
There shaD. be construc1:ed'-in.-accordance"with plans, filed with the office
of the city 'Engj.ne.er, sidewalks on the street side (s) of every lot in
this development. Four--feet (4') wide sidewalks shall be constructed of
3000# p. s . i. PortJ.and--<emen~-. formed, andpoured four inches (411) thick, re-
inforced with 6" x 6" wire mesh. Sidewalk construction shall be construc-
ted to lines and gradea~-1n-aocordcnce with specifications approved by
the developer.
Plot or site plans.,'.'"When....BJlhmitted to the developer for architectural
approval, shall show sidewalks. Sidewalks shall be constructed s~ultane-
ously with driveway'.and'''nohouse shall be occupied before sidewal):s are
completed.
G. SIGNS
1. The erection of bilJ.boaJ:W3-r- posters or other advertising signs or
structures shall be prohibited except as follows:
(a) Identifying signs may be placed on buildings while construction
is in progress. When--construction is completed, one sign 14" x 20 II in
size may be displayed outside a specific house, offering the property for
sale. One sign not larger than eight (8) square feet may be displayed
only during the time that the Builder, or his representatives, are on the
premises.
(b) Plastic pennants, spinners, signs with moving parts, alternat-
ing or flashing lights, banners, snipe signs or similar promotional items
shall not be used by builders or owners for sales purposes.
H. EASEMENTS
Perpetual easements for the installation and maintenance of utilities and
drainage facilities as shown on said plat filed in the Public Records of
pinellas County, Florida are hereby reserved. No drainage structure or
installation, or swale may be changed, altered, obstructed, or removed for
any purpose except by the developer, his heirs or asSigns.
I. GENERAL
1. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or become an annoy-
ance or nuisance to the ne.:lghborhood.
2. No an~als, livestock or poUltry of any kind shall be raised, bred or
kept on any lot, except that not more than a total of three (3) household
pets maybe kept, provided that they are not kept, bred or maintained for
any commercial purposes.
3. No commercial vehicles may be parked in the driveway, or vacant lots
after normal working hours.
4. Builders, contractors ,.aDd sub-contractors'while building on any lot in
Morningside Estates are to keep the premises free of trash, empty bags,
brush and other debris.
J. ADMIN:rSTRATION.AND ENFORCEMENT
1. Blackburn Brothers Land Development, a Partnership, of 532 South
Mis.souri Avenue, Clearwat:eX', Plorid,a, is hereby designated .s develo,per for
the uses and purposes of these restrictions.
2. These covenants and.restrictions are real covenants and restrictions
and are to run with the land, and shall be binding on all parties and
owners, and on all parties- claiming under them, for a period of twenty-five
(25) years from the date of these covenants and restrictions are recorded,
after which time said covenants and restrictions shall be automatically
extended for successive periods of ten (10) years each, unless prior to the
commencement of any 10 year period# an instrument in writing, signed by a
majority of the owners of lots, has been recorded in the Public Records of
Pinellas County, Florida, Which said instrument shall agree to change,alter
or rescind said covenants and restrictions in whole or in part. These re-
8~rict~ons may be changed or amended by t~e rec0~ding of an instrument
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lots herein.
3. If any person, firm or corporation, or their heirs, successors or
assigns, shall violate or attempt to violate any of these restrictions
before their expiration, it shall be lawful for any other person or
persons owning any part or parcel of any above described land to prosecute
any proceeding at law or in equity against the person or persons violating
or attempting to violate any such covenant or restrictions and either to
pr.event him or them from so doing or to recover damages or other dues for
such violation.
4. Invalidation of anyone of these covenants by judgment or court order
shall in no way affect any of ~he other provisions, Which shall remain,in
full force and effect.
5. The devaloper shall have the right and authority to approve exceptions
and/or variations from thesa restrictions without notice or liability to
the owners of other lots or any parsons or authority ..whatsoever.
********
CONDITIONS AND STIPULATIONS CONTINUED
sured makes an improvement subsequent to the date of this
policy, and only in that event, the Insured becomes a co-
insurer to the extent hereinafter set forth,
If the cost of the improvement exceeds twenty per centum
of the amount of this policy, such proportion only of any
partial loss established shall be borne by the Company, as
one hundred twenty per centum of the amount of thIs pollcy
bears to the sum of the amount of this policy and the amount
expended for the improvement. The foregoing provisions shall
not apply to costs and attorneys' fees incurred by the Com-
pany in prosecuting. or providing for the defense of actIOns
or proceedings in behalf of the Insured pursuant to the terms
of this policy or to costs imposed on the Insured in such ac-
tions or proceedings, and shall apply only to that portion of
losses which exceed in the aggregate ten per cent of the face
of the policy,
Provided, however, that the foregoing coinsurance pro-
visions shall not apply to any loss arising out of a lien or
encumbrance for a liquidated amount which existed on the
date of this policy and was not shown in Schedule B; and
provided further, such coinsurance provisions shall not apply
to any loss If, at the time of the occurrence of such loss, the
then value of the premises, as so improved, does not exceed
one hundred twenty per centum of the amount of this policy,
(b) If the land described or referred to in Schedule A is
divisible into separate and noncontiguous parcels, or if con-
tiguous and such parcels are not used as one 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 if the face amount of this policy was divided pro
rata as to the value on the date of this policy of each separate
independent parcel to the whole, exclusive of any improve-
ments made subsequent to the date of this policy, unless a
liability or value has otherwise been agreed upon as to each
such parcel by the Company and the Insured at the time of
the issuance of this policy and shown by an express statement
herein or by an endorsement attached hereto,
Form .1021
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9, Subrogation upon Payment or Settlement
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 Insured, and it shall be subro-
gated to and be entitled to all rights and remedies which the
Insured would have had against any person or property in
respect to such claim had this policy not been issued, If the
payment does not cover the loss of the Insured, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss,
If loss should result from any act of the Insured, 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, The Insured, if requested by the Company, 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 the Insured in any transaction or litigation involving such
rights or remedies,
10. Policy Entire Contract -
Any action or actions or rights of action that the Insured
may have or may bring against the Company arising out of
the status of the title insured herein must be based on the
provisions of this policy.
No provision or condition of this policy can be waived or
changed except by writing endorsed hereon or attached here-
to signed by the President, a Vice President, the Secretary,
an Assistant Secretary or other validating officer of the Com-
pany.
11. 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 its office at 111 West Washington Street,
Chicago, Illinois 60602, or at any branch office shown hereon.
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CONDITIONS AND STIPULATIONS
1, Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by ref<<:r-
ence, in Schedule A and improvements affixed thereto whIch
by law constitute real property; , .
(b) "public records": those records whIch Impart con-
structive notice of matters relating to said land;
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to the Insured
by reason of any public records; and
(d) "date": the effective date,
2, Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by
reason of the following:
(a) 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,
(b) Any law, ordinance or governmental regulation (in-
cluding 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, dimen-
sions, or location of any improvement now or hereafter
erected on said land, or prohibiting a separation in ownership
or a reduction in the dimensions or area of any lot or parcel
of land,
(c) Governmental rights of police power or eminent
domain unless notice of the exercise of such rights appears
in the public records at the date hereof,
(d) Title to any property beyond the lines of the land
expressly described or referred to in Schedule A, or title to
areas within or rights or easements in any abutting streets,
roads, avenues, lanes, ways or waterways (except to the ex-
tent the right of access to and from said land is covered by
the insuring provisions of this policy), or the right to main-
tain therein vaults, tunnels, ramps or any other structure or
improvement, unless this policy specifically provides that
such titles, rights or easements are insured,
(e) Defects, liens, encumbrances, adverse claims against
the title as insured or other matters (1) created, suffered,
assumed or agreed to by the Insured; or (2) known to the
Insured either at the date of this policy or at the date such
Insured acquired an ,estate or interest insured by this policy
and not shown by the public records, unless disclosure there-
of in writing by the Insured shall have been made to the
Company prior to the date of this policy; or (3) resulting in
no loss to the Insured; or (4) attaching or created subsequent
to the date hereof,
(f) Loss or damage which would not have been sus-
tained if the Insured were a purchaser for value without
knowledge,
3, Defense and Prosecution of Actions - Notice of Claim to be
Given by the Insured
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of the Insured in all
litigation consisting of actions or proceedmgs commenced
against the Insured, which litigation is founded upon a defect,
lien or encumbrance insured against by this policy, and may
pursue such litigation to final determination in the court of
last resort.
(b) In case any such action or proceeding shall be be-
gun, or defense interposed, or in case knowledge shall come
to the Insured of any claim of title or interest which is ad-
verse to the title as insured, or which might cause loss or
damage for which the Company shall or may be liable by
virtue of this policy, the Insured shall notify the Company
thereof in writing, If such notice shall not be given to the
Company within ten days of the receipt of process or plead-
ings or if the Insured shall not, in writing, promptly notify
the Company of any defect, lien or encumbrance insured
against which shall come to the knowledge of the Insured,
then all liability of the Company in regard to the subject
matter of such action, proceeding or matter shall cease and
terminate; provided, however, that failure to notify shall in
no case prejudice the claim of any Insured unless the Com-
pany shall be actually 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 prosecute any action or proceeding or do any
other act which in its opinion may be necessary or desirable
to establish the title 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 con-
cede liability or waive any provision of this policy,
(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 it the right
to so prosecute or provide defense in such action or proceed-
ing, and all appeals therein, and permit it to use, at its op-
tion, the name of the Insured for such purpose, Whenever
requested by the Company the Insured shall give the Com-
pany all reasonable aid in any such action or proceeding, in
effecting settlement, securing evidence, obtaining witnesses,
or prosecuting or defending such action or proceeding, and
the Company shall reimburse the Insured for any expense
so incurred,
4. Notice of Loss - Limitation of Action
In addition to the notices required under paragraph 3(b), 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 sixty days after such loss or
damage shall have been determined and no right of action
shall accrue to the Insured under this policy until thirty days
after such statement shall have been furnished, and no re-
covery shall be had by the Insured under this policy unless
action shall be commenced thereon within five years after
expiration of said thirty day period, Failure to furnish such
statement of loss or damage, or to commence such action
within the time hereinbefore specified, shall be a conclusive
bar against maintenance by the Insured of any action under
this policy,
5, Option to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or com-
promise for or in the name of the Insured any claim insured
against or to pay the full amount of this policy and such
payment or tender of payment, together with all costs, at-
torneys' fees and expenses which the Company is obligated
hereunder to pay, shall terminate all liability of the Company
hereunder.
6, Payment of Loss
(a) The liability of the Company under this policy shall
in no case exceed, in all, the actual loss of the Insured and
costs and attorneys' fees which the Company may be obli-
gated hereunder to pay.
(b) The Company will pay, in addition to any loss in-
sured against by this policy, all costs imposed upon the In-
sured in litigation carried on by the Company for the Insured,
and all costs and attorneys' fees in litigation carried on by
the Insured with the written authorization of the Company,
(c) No claim for damages shall arise or be maintainable
under this policy (1) if the Company, after having received
notice of an alleged defect, lien or encumbrance not excepted
or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice; or (2)
for liability voluntarily assumed by the Insured in settling
any claim or suit without written consent of the Company,
(d) All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall reduce the
amount of. the insurance pro tanto and 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.
(e) When liability has been definitely fixed in accord-
ance with the conditions of this policy the loss or damage
shall be payable within thirty days thereafter,
7. Liability Noncumulative
It is expressly understood that the amount of this policy is
reduced by any amount the Company may pay under any
policy insuring the validity or priority of any mortgage or
deed of trust shown or referred to in Schedule B hereof or
any mortgage or deed of trust hereafter executed by the
Insured which is a charge or lien on the land described or
referred to in Schedule A, and the amount so paid shall be
deemed a payment to the Insured under this policy.
8, Coinsurance and Apportionment
(a) In the event that a partial loss occurs after the In-
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
~ - ". ',..
FLOJDA BO~DE~- TITLE OOMP AJl
~.nt. For
Fli. No, 66-6127
CHICAGO TITLE INSURANCE COMPANY
BOND_D. IX.CRBD
TIn.. ~"U1IAlfC. OLO.llfO.
METROPOLITAN BUILDING
318 South Missouri Ave.
Clearwater, Florida
TZLlI7'XO..
...4ili.Oll.
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, SELLER
STATEMENT OF SALE
William G. Blackburn and Wallace W. Blackburn
j PURCHASER
City of Clearwater Fl
'd
, or~ <l
PROPERTY
Lot 233, Morningside Estates, Unit 2
I
I
!
IDATE OF CLOSING March 25, 1966 I PRICE DEPOSIT I
ITEM SELLER PURCHASER
CHARGES CREDITS CHARGES CREDITS
I
I SALES PR ICE 4,700.00 I
i
! i
I EXISTING MTG. ASS'D. .
I EXISTING MTG. PAID i
;
! MTG. INT. PRO.RA TED
I I
i NOTES AND MTG. I
i
I I
I UNEXPIRED INS.
, I
REC. FEES: (DEED) 2.25
t
REC. FEES: (S/MTG.) I
TITLE INSURANCE I
, I;i
CLOSING FEE 1'1
:"j
Ii
FED. STAMPS (DEED) 1'1
" Ii
I:
!:i
ST ATE STAMPS (DEED) ili
I'
" i
STATE STAMPS (NOTE) :[1
,
i iNT. TAX ON MTG. liJ
::!
~ '~
, ,
I TAXES PRO.RA TED 1966 "
10.25 ' ,
; DEPOSIT - .1
I
EARNEST MONEY 1:1
.' " iil
3ROKERAGE FEE '., -". --- - - -- .' --.- -"-- ---- ---- !l
',',
3ALANCE DUE II
=ROM PURCHASER 4,692.00 :.1
I'
TO SE LLER ii
I
::
" 1:'1
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-- " !
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,
TOTAL ,
4,702.25 4,702.25
SELLER SIGNS: PURCHASER SIGNS:
"
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-
'""fer. 3106