SCHOOL BOARD PINELLAS COUNTY
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P/NELLAS COUl\jT( -
14 14181865
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72 000 I. 14JN78
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2,808.00 05
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.rNv.oICE DATE
INVOICE NO.
LOWER HALF FOR RECORO - DETACH BEFORE DEPOSITING
Documentary stamps for Deed from
The School Board to City of Clearwater
State $2,808.00
Sur-Tax 1,029.60
Recording 7.00
315 1 3101 301 077
AMOUNT
DICE M1IOUNT
C"{h~~"..b10.
3,844.60
CITY OF CLEARWATER
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78092073
~hi3 Instrument Prepared By:
B. llh~in. JOh"?son, General CounsH
Posl_ufflce Box 4688
Clearwuter; Flori~a 33518
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O.R. ~ 7 0 9 PAGE 11 7 7
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CURk CIRCUIT COURT
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I'1ade this 7th day of June , 1978, between TnE SCH:OOL
BOARD OF' PINELLAS COUNT I, 8'LORIDA, a corporati on exi stine; under t:'lt'l
laws of the State of Florida, having its principal place of business
in the County of Pinellas and State of Florida, party of the first
P,g rt, ani} the CITY OF CLEARWATER, i"LORIDA, a IIuni cip81 Corporation,
Post Office Box 4748, Clearwater, Florida 33518, of the County of
Pinellas ann State of Florida, party of the second part,
WITNESSETH, that the said party of the first ~art, for and in
consideration of the sum of Ten and No/IOO ($10.00, Dollars, to it
in ll.anrJ paid by the said party of the second part, the rec,:;ipt wllereof
is hereby acknowledp::ed, has granted, bargained and sold to the said
party of the second part forever, the following described land,
si tuate, ly ing and being il1the County of Pinella s, State of Florida"
to-wit:
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North 3/4 of the South 1/2 of the Northe ast 1/4 if1f 2,8~ ~
the Southeast 1/4 of Section 20, Township 28, R~e I O~:&T
16E, Public Records of Pinellas County, Florida; 3:8jit~~;<
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Harth 1/2 01' the Northe as t l/L~ of the Southe a st l/L~
of Section 20, Township 28, Range 16E, Public Hecorcls
of Pinellas County, Florida;
and
and
From the East 1/4 corner of Section 20, Township 28
South, Renge 16 East as a Point of Reference; thence
South 89 5lt'58" lJes"t, along the East-\-Jest Centerline
of said section, 495.47 feet to the Point of BeGinning.
Thence continue South 89054'58" West, along said line
838.64 feet to the lJorthwest corner of the Northeast
1/4 of the Southeast 1/4 of said Section 20; thence
South 00000'16" West, along the West line of said
Northeast 1/4 of the Southeast l/~J 1221.50 feet;
thence leaving said line South 89 50'5111 Hest, 370.01
feet; thence North 00000'16" East, 635.80 feet to a
Point of Curve; thence along the arc of a curve to
the right, radius 950.00 feet, arc 1361.59 feet,
chord North 41003'51" East, 124.3.01 feet to 3 Point
of Reverse Curve; thence along the arc of a curve to
the left, radius 1050.00 feet, arc 170.34 feet, chord
North 77028'35" East, 170.16 feet to a Point on Curve;
thence leaving said curve South 19()21'16" East, 2L[,O.76
feet to a Point of Curve; thence along the arc of a
curve to the left radius 290.00 feet, arc 222.05 feet,
chord South 41017'23" East, 216.67 feet to the Point
of Beginning, Pinel1as County, ?lorida.
SUBJECT to easements and restrictions of record.
to
to
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And the said party of the first part does hereby fully warrant
the ti tIe to said land, and wi 11 defend the S8me against the 1,nlfu1
cl,lims of 811 persons whomsoeve,r.
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DCt;UMENTA",_ ~p..'~''-!t, ;,~,:, .~^\'.~__L,' .'
')!'PT. Of REVENUE l~; .~~'ilX"~ !
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DCCUMENTA~ ,4.'!7i,i~;', ,;) ,,,,,,..I ,__.:...::' .'
.~~ ..,y PEPT, OF REVENUE (,;~'~.'... Fi~.;.~~.~" , t
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O.R. ~ 7 0 9 PAGE 11 78
lIT WI'rUESS v.JHER.Ji:Oli" the said party of the first pel't has catl.SHcl
these presents to be signed in its name by its Chairman, and its
corporate seal to be affixed, attested by its Ex-Officio Secretary
the day and year above written.
Signed, Sealed and Delivered THE SCHOOL BOARD OF PINELLAS COm~TY,
in Our Presence: FLORIDA
~clLLL/LJ By:>ttj~~j2j ~!~"i
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Attest:
STATE OF FLORIDA )
COUNTY OF PIN3LLt'\S)
I HEREBY CERTIFY, tha t on this 7th day of June , 197e,
before me personally appeared HARTHA RUDY HALLACE and GUS SAKKIS, the
Chairman and Ex-Officio Secretary respectively of THE SCHOOL BOtiRD OF'
PINELLAS COUN'ry, FLORIDA, 8 corporation under the laHs of thA Statp,
of Florida, to me known to be the persons described in and who 8X8-
cute d the foregoing conveyance to the CITY OF CLEAmIA'rER, FLORIDA,
a Hunicipal Corporation, and se11erally acknov-rledged the execution
thereof to be their free act and deed 8S such officers, for the
uses and purposes therein mentioned; and that they affixed thereto
the official seal of said corporation, and the said instrument is
the act and deed of said corporation.
WITNESS my signatu.re and oi'ficia:. seal at Clearv-Tater, Pincllas
County, Florida, the day and year last 3foresaid.
My Commission Expires:
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. ~tSSION ".IIS AUG. , ...
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IMEMORANDUM OF UNDERSTfNDING
RE: SALE AND PURCHASE OF PROPERTIES
FOR COUNTRYSIDE HIGH SCHOOL
This memorandum confirms the following understandings reached in our
recent staff discus sions relative to the construction of Countryside High School:
1. The City staff will recommend to the Clearwater City Commission that the
City sell to the Pinellas County School Board a 54-acre tract of land situated at the
N~ W. corner of S. R. 580 and McMullen-Booth Road (described in Attachment A)
for the sum of $936.000.00. The Pinellas County School Board staff will
recommend to the School Board that it purchase
the City
property at
this price.
2. The City staff accepts the condition that the purchase and sale of properties
will be contingent upon determination of adequacy of the soil conditions at the
City's property to support the school facility. This determination to be made
by soil test borings to be obtained by the School Board.
3. The City agrees to provide al" assessment impact statement of its
property to the School Board.
4. The City will deliver fee simple title and title insurance on this property to
the School Board.
5. The Pinellas County School Board staff will recommend to the School Board
that it sell to the City of Clearwater a 50-acre tract of land situated approxi-
mately l/2 mile north of the northern end of Landmark Drive. gen-erally one
mile north of S. R. 580 and 1/4 rrlile west of McMullen-Booth Road (described
in attachment B) for the sum of $760.000.00. The City staff will recommend
to the City Commission that it purchase the School Board property at this price.
6. The School Board staff accepts the condition that the purchase and sale of
properties will be contineent upon the School Board undertaking construction of
the Countryside High School on the City parcel by September. 1978.
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7. The School Boa rd will deliver fee simple title and title insurance on its
property to the City of Clearwater.
Appro:ved:
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Gus Sakkis, Supt. of Schools
Date 9~ II /97'1('
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Anthony: L. hoemaker, City Manager
n?te L~,,_{ (!t.L / t) / tj 77
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Martha R. Wal ace, C airman
Schoo oard, of Pinellas County
Date II 9 7
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PURPOSE OF TIlE APPRAISAL
To estimate the market value of the fee simple interest of
both tracts as of December 8, 1977.
LOCATION OF TIlE TRACTS
School Board: Located approximately ~ mile north of the northern
end of the completed Landmark Drive, as it now
exists in the Cormtryside Development. The site
is generally one mile north of S.R. #580 and ~ mile
west of MtMUllen-Booth Road. (SR#S93)
Ci ty of Clearnater: Located at the North\vest comer of McMul1en-
Booth Road (SR 11593) and SR 11580.
LEGAL DESCRIPTION
School Board:
From the east !;t corner of Section 20; Township 28
South, Range 16 East as a point of reference; thence
S.890S4'58'11., along the east-west centerline of
said section, 495.47 feet to the point of beginning.
Thence continue S. 89054' S8''W., along said line 838.64
feet to the northwest comer of the northeast 10i of
the southeast ~ of said Section, 20; thence S. 00000' 16"W.,
along the west line of said northeast ~ of the southeast
~, 1221. 50 feet; thence leaving said lineS. 89050' 51"\'1.,
370.01 feet; thence N.00oOO'16"E., 635.80 feet to a
point of curve; thence along the arc of a curve to
the right, radius 950.00 feet, arc 1361.59 feet, chord
N.4l003'51"E., 1248.01 feet to a point of reverse curve;
thence along the arc of a curve to the left, radius
1050.00 feet, arc 170.34 feet, chord N.7]028'3S"E.,
170.16 feet to a point on curve; thence leaving said
curve S.19021' 16"E., 240.76 feet to a point of curve;
thence along th~ arc of a curve to the left, radius
290.00 feet, arc 222.05 feet, chord S.41017'23"E.,.
216.67 feet to the point of beginning. Containing
14.889 aCT~5 more or less.
AND
The north one-half (~) of the N.E. ~ of the S.E.~ and
the north three-fourths (3/4) of the south one-half (~)
of the N.E. ~ of the S.E. ~ of Section 20, TO\m5hip 28
South, Range 16 East, Pine11as County, Florida. Contain-
ing 35.87 acres, more or less.
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1'10/78
Countryside High School - Proposed Land Trade
The NW 1/4 of the NW 1/4 less the North 81 feet 'and
less the Right-of-Way of McMullen-Booth Road of Section
28, Township 28 South, Range 16 East, and the SW 1/4
of the NW 1/4 North of S.R. 580 of Section 28, Township
28 South, Range 16 East; further described as follows,
to wit:
Start at the NW corner of Section 28, Township 28
South, Range 16 East, and run S 00010'43" W, 81.15 ft.
for the P.O.B., thence run S 89033'14" E, 1246.80 ft.
to the West right-of-way line of McMullen-Booth Road
(C.R. 31); thence run S 00018'10" W, 1215.37 feet;
thence run S 450,38' 02" W, 58.30 feet; thence run
S 89033'49" E,56.58 feet; thence run S 45027'10" W,
1635.66 feet; thence along a curve to the right having
a radius of 411.46 .feet, an arc of 121.38 feet and a
chord bearing of S 53046'59" W, 120.96 feet; thence run
N 00010'43" E, 2484.94 feet to the P.O.B.
Containing 54 'acres M.O.L.
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Nor'inan J. Se~e . Bieht-of- Way Aq:ent
City of Clearwa er. Florida
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CLOSING STATEMENT
In accordance with the Memorandum of Understanding executed
on January 11, 197,8, by the Pinellas County School Board through
its Chairman and by its Superintendent of Schools and by the City
Manager of the City of Clearwater, Florida, on January 10, 1978,
which Memorandum was approved by the City Commission of the
City of Clearwater at a meeting of the Commission held January 16,
1978, regarding sale of land described in Appendix A and Appendix B
attached hereto:
Value
Land of the City of Clearwater, Florida
A ppendix A
$ 936,000.00
sold this date to the Pinellas County School Board
for the sum of
936,000.00
Land of Pinellas County School Board
Appendix B
760,000.00
sold this date to the City of Clearwater, Florida,
for the sum of
760,000.00
Credits to the City of Clearwater
1. Value of Consideration
2. Receipt of Deed
760,000.00
Credits to Pinellas County School Board
1. Value of Consideration
2. Receipt of Deed
936,000.00
Balance Due Pinellas County School Board
-0-
Balance Due City of Clearwater
-0-
Receipt of deeds and drafts to the above referenced tracts is hereby acknowledged.
Pinellas County School Board Representative
Title
City of Clearwater Repre sentative
Title
Dated:
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i GUARANTEE OF TITLE (OWNER) i
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i Lawyers' Title Guaranty Fund i
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I Qualified with and supervised by the Insurance Commissioner of Florida I
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[jj] ORLANDO, FLORIDA [jj]
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[jj] OPINION ON TITLE [jj]
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[jj] The Attorney, who signed Schedule A and who is a member of LAWYERS' TITLE GUARANTY FUND, [jj]
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[jj] hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the [jj]
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[jj] insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all l!i]
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[jj] encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the ~
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[jj] Exclusions from Coverage. [jj]
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I GUARANTEE OF TITLE I
[jj] [jj]
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i SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B I
i AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS' TITLE I
I GUARANTY FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee i
i shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, I
I and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or i
I incurred by the insured by reason of: I
[jj] [jj]
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I 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; I
[jj] [jj]
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I 2. Any defect in or lien or encumbrance on such title; or I
[jj] [jj]
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I 3. Lack of a right of access to and from the land. I
[jj] [jj]
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I In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this guarantee to be signed and I
I sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become I
I binding when countersigned by a member of The Fund. I
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[jj] [jj]
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[jj] Lawyers' Title Guaranty Fund [jj]
[jj] [jj]
I ByI2af8.~ I
I Paul B. Comstock I
I President and Executive Secretary I
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
~ SERIAL [jj]
[jj] [jj]
[jj] [jj]
I ()(;- N~ 775107 I
~ [jj]
[jj] [jj]
[jj] [jj]
[jj] [jj]
~ ~
~~][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj][jj]~[jj][jj]1!:!jf[jj][jj]~[jj]igjKrgJ!J[jj]1!J:;;:'!!J1!Jcg:g;!!]@[gg:l!!K:'!i:jjj:1!l:gl!iJ[jj]1!J[jj][jj][jj][jj][jj]r!j][jj][jj][jj][jj][jj][jj][jj][jj][jj]I1~[jj][jj]ii!ll1!J[jj][jj]~[jj][!j][jj][jj][jj][jj][jj][jj][jj][jj]I}lO~
FUND Form OG (Rev, 1/77) (8/77-FP 10M)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this guarantee:
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 prohibiting 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 domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Effective Date of guarantee.
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 Fund and not shown by the public records but known to
the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate
or interest insured by this guarantee and not disclosed in writing by the insured claimant to The Fund
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 Effective Date of guarantee;
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 guarantee.
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.
..
I
I
'.
I
FUND OWNER'S FORM
I
SCHEDULE A
Policy or
Guarantee No.: OG-775107
Effective Date: June 14, 1978
at 2:32 P.M.
Member's File Reference: Sch. Bd. to
City of Clearwater (Countryside)
Amount of Insurance: $ 535,000.00
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 or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 4709 , Page 1177 , of the Public Records
of Pinellas County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 28,
Range 16 E, Public Records of Pinellas County, Florida;
and
North 3/4 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 20,
Township 28, Range 16E, Public Records of Pinellas County, Florida.
ISSUED BY
(Attorney or Firm of Attorneys)
4754
MEMBER NO.
/Q tV , ///
~. c;&a-n~( .
.~
B. EDWIN JOHNSON
Post Office Box 4688
(Mailing Address)
Clearwater
(City)
, Florida, 33518
(Zip)
FUND Form OG/OP/OPM-SCH. A (Rev. 1177) (1/78--FP 8M)
'. .
J
FUND OWNER'S FORM
I
SCHEDULE B
Policy or Guarantee No.: OG-775107
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
1.
~~)fiiKXW<~~XO<<X~XMYe'tID<fKltK~)@){~~~~KrtK. ~~~a)tK~~~~p<~~~W.m<~rex~
*1~dOAK~X}U(Kg<~){:9<)t){cX~ltbJiX~tOO< p. e r'
Rights or claims of parties in possession not shown by the public records.
2.
3.
Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
4.
Easements or claims of easements not shown by the public records.
5.
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.
FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (1/78-FP 8M)
~
'.--......-......-.......---.._r .________
:- ,.
I
CONDITIONS AND STIPULATIONS
I
1. Definition of Terms
The following terms when used in this guarantee mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
against the named insured, those who succeed to the
interest of such insured by operation oflaw 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 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
reference in Schedule A, and improvements affixed
thereto which by law constitute real property; provided,
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 guarantee.
(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 Conveyance of Title
The coverage of this guarantee shall continue in force
as of Effective Date of guarantee 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
convenants of warranty made by such insured in any
transfer or conveyance of such estate or interest;
provided, however, this guarantee 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 Fund, 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 to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this guarantee.
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (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 Fund may be liable by virtue of this guarantee. If
such prompt notice shall not be given to The Fund, then
as to such insured all liability of The Fund 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 guarantee unless The Fund
shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Fund 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 Fund may take any
appropriate action under the terms of this guarantee,
whether or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this
guarantee.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this guarantee, The Fund 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 guarantee permits or requires
The Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund 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 Fund 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
Fund is liable under this guarantee shall be furnished to
The Fund 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 Fund
under this guarantee as to such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund 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
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this guarantee together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of loss
(a) The liability of The Fund under this guarantee
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of .insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this guarantee, all costs imposed upon an
insured in litigation carried on by The Fund for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of The Fund.
(c) When liability has been definitely fixed in
accordance with the conditions of this guarantee, the loss
or damage shall be payable within 30 days thereafter.
7. limitation of liability
No claim shall arise or be maintainable under this
guarantee (a) if The Fund, 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
notice; (b) in 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 suit without prior written consent of
The Fund.
8. Reduction of liability
All payments under this guarantee, 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 guarantee for endorsement
of such payment unless the guarantee be lost or destroyed,
in which case proof of such loss or destruction shall be
furnished to the satisfaction of The Fund.
9. liability Noncumulative
It is expressly understood that the amount of insurance
under this guarantee shall be reduced by any amount The
Fund may pay under any guarantee 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
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
guarantee, 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 guarantee. The
Fund 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 guarantee and the amount so paid
shall be deemed a payment under this guarantee 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 if the amount of insurance under this guarantee
was divided pro rata as to the value on Effective Date of
guarantee of each separate parcel to the whole, exclusive
of any improvements made subsequent to Effective Date
of guarantee, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at the time of the issuance of this guarantee and
shown by an express statement herein or by an
endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under
this guarantee, all right of subrogation shall vest in The
Fund unaffected by any act of the insured claimant. The
Fund 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 guarantee not been issued, and if requested by
The Fund, such insured claimant shall transfer to The
Fund all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit The Fund 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 Fund 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 guarantee, but The Fund, 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 Fund by reason of the
impairment of the right of subrogation.
12. Liability Limited to This Guarantee
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire guarantee and contract between the insured and
The Fund.
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 guarantee.
No amendment of or endorsement to this guarantee
can be made except by writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, or member of Lawyers' Title Guaranty Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
~1~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I~1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1l!I1~ll!Imi1!Ji1!JIl!Ii1!JIl!IIl!Ii1!Ji1!Ji1!Ji1!JIl!Ii1!Ji1!JIl!IIl!Ii1!Ji1!Ji1!Ji1!Ji1!Ji1!JIl!Ii1!JIl!II~
~ ' ~
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r':..""".;.""""""""'''''''''''''.....L--_..._......_,,,,a,,,,'''''...,..,....._.,..,..,..''',
Ii GUARANTEE OF TITLE (OWNER) Ii
~ ~
~ ~
I Lawyers' Title Guaranty Fund I
~ ~
~ Qualified with and supervised by the Insurance Commissioner 01 Florida ~
~ ~
~ ~
Ii ORLANDO, FLORIDA Ii
~ ~
~ Ii
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ OPINION ON TITLE ~
~ ~
~ ~
~ ~
~ The Attorney, who signed Schedule A and who is a member of LAWYERS' TITLE GUARANTY FUND, ~
~ ~
~ hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the ~
~ ~
~ insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all ~
~ ~
~ encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the ~
~ ~
~ Exclusions from Coverage. ~
~ ~
~ ~
Ii GUARANTEE OF TITLE Ii
~ ~
~ ~
Ii SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B Ii
Ii AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS' TITLE Ii
Ii GUARANTY FUND, a business trust, herein called The Food, insures, as of Effective Date of guarantee Ii
Ii shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, Ii
Ii and costs, attorneys' fees and expenses which The Food may become obligated to pay hereunder, sustained or Ii
Ii incurred by the insured by reason of: Ii!
~ ~
~ ~
Ii! 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; I
~ ~
~ ~
Ii 2. Any defect in or lien or encumbrance on such title; or Ii!
~ ~
~ ~
Ii! 3. Lack of a right of access to and from the land. Ii!
~ ~
~ ~
Ii! In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this guarantee to be signed and Ii!
Ii! sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become Ii!
Ii! binding when countersigned by a member of The Fund. i
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ Lawyers' Title Guaranty Fund ~
~ ~
i /') /? /'.--.~L i
E By /::;!fuf ~. UTN~ ~
~ ~
~ Paul B. Comstock ~
i President and Executive Secretary ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ ~
~ SERIAL ~
~ ~
~ ~
~ ~
i ()(i- N~ 775108 i
~ ~
~ ~
~ ~
@ ~
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l..]r<",..""--"''',.....''''''".,.-_,..'''''__'"~"''''~ll<".=''''_._.._]"_"".''''~"...m,..,..'''''''''''''''''JC''''~
FUND Form OG (Rev. 1/77) (8/77-FP 10M)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this guarantee:
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 prohibiting 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 domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Effective Date of guarantee.
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 Fund and not shown by the public records but known to
the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate
or interest insured by tIllS guarantee and not disclosed in writing by the insured claimant to The Fund
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 Effective Date of guarantee;
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 guarantee.
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.
I
I
( ~.-
-"
I
FUND OWNER'S FORM
I
SCHEDULE A
Policy or
Guarantee No.: OG-775108
Effective Date: June 14, 1978
at 2:32 P.M.
Member's File Reference: Sch. Bd. to
City of Clearwater (Countryside)
Amount of Insurance: $ 225,000.00
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 or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 4709 , Page 1177 , of the Public Records
of Pinellas County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
From the East 1/4 corner of Section 20, Township 28 South, Range 16 East as a Point of
Reference; thence South 89054158" West, along the East-West Centerline of said section,
495.47 feet to the Point of Beginning.
Thence continue South 8905415811 West, along said line 838.64 feet to the Northwest corner
of the Northeast 1/4 of the Southeast 1/4 of said Section 20; thence South 00000'16" West,
along the West line of said Northeast 1/4 of the Southeast 1/4,1221.50 feet; thence
leaving said line South 89050151" West, 370.01 feet; thence North 00000'16" East, 635.80
feet to a Point of Curve; thence along the arc of a curve to the right, radius 950.00 feet,
arc 1361.59 feet, chord North 41003151" East, 1248.01 feet to a Point of Reverse Curve;
thence along the arc of a curve to the left, radius 1050.00 feet, arc 170.34 feet, chord
North 7702813511 East, 170.16 feet to a Point on Curve; thence leaving said curve South 190
2111611 East, 240.76 feet to a Point of Curve; thence along the arc of a curve to the left
radius 290.00 feet, arc 222.05 feet, chord South 41017123" East, 216.67 feet to the
Point of Beginning, Pinellas County, Florida.
ISSUED BY
B. Edwin Johnson
4754
;S!?~(
(Attorney or Firm of Attorneys)
MEMBER NO.
ATTORNEY-
Post Office Box 4688
(Mailing Address)
Clearwater
(City)
, Florida,
33518
(Zip)
FUND Form OG/OP/OPM-SCH. A (Rev. 1/77) (l/78--FP 8M)
~_ I
,"
".'~
....'
I
FUND OWNER'S FORM
I
SCHEDULE B
Policy or Guarantee No.: OG-775108
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
1.
~X~~KXOOK~I(I)tXOOX1beX~:Jd)(e<)dX~XOOXtbi9(~~JU(~XOOXlX~~XotXspelltiXb<~\lSXOO.KOGx~m<XIeXKoo.
~)QlOeXlSlOt~iius<k)otklX)p>>)Qbl<xXetXlxOO< f3. . '-,j'
Rights or claims of parties in possession not shown by the public records.
2.
3.
Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
4.
Easements or claims of easements not shown by the public records.
5.
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.
6.
Subject to the restriction that no buildings shall be constructed within (150) one
hundred fifty feet of the Landmark Drive right-of-way and with no construction of
any type other than landscaping within (75) seventy-five feet of that right-of-way.
No driveway access to Landmark Drive shall be permitted from this property.
FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (1/78-FP 8M)
~ .
"~-... ,"- ""-'---~'"
1. Definition of Terms
I
CONDITIONS AND STIPULATIONS
I
The following terms when used in this guarantee mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
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,
distributees, 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 maybe imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed
thereto which by law constitute real property; provided,
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 guarantee.
(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 Conveyance of Title
The coverage of this guarantee shall continue in force
as of Effective Date of guarantee in favor of an insured so
long as such insured retains art 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
convenants of warranty made by such insured in any
transfer or conveyance of such estate or interest;
provided, however, this guarantee 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 Fund, 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 to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this guarantee.
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (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 Fund may be liable by virtue of this guarantee. If
such prompt notice shall not be given to The Fund, then
as to such insured all liability of The Fund 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 guarantee unless The Fund
shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Fund 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 Fund may take any
appropriate action under the terms of this guarantee,
whether or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this
guarantee.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this guarantee, The Fund may pursue any such
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right in its sole
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discretion, to appeal from any adverse judgment or order.
(e) In all cases where this guarantee permits or requires
The Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund 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 Fund 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
Fund is liable under this guarantee shall be furnished to
The Fund 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 Fund
under this guarantee as to such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund 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
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this guarantee together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund under this guarantee
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of .insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this guarantee, all costs imposed upon an
insured in litigation carried on by The Fund for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of The Fund.
(c) When liability has been definitely fixed in
accordance with the conditions of this guarantee, the loss
or damage shall be payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this
guarantee (a) if The Fund, 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
notice; (b) in 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 suit without prior written consent of
The Fund.
8. Reduction of Liability
All payments under this guarantee, 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 guarantee for endorsement
of such payment unless the guarantee be lost or destroyed,
in which case proof of such loss or destruction shall be
furnished to the satisfaction of The Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this guarantee shall be reduced by any amount The
Fund may pay under any guarantee 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
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
guarantee, 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 guarantee. The
Fund 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 guarantee and the amount so paid
shall be deemed a payment under this guarantee 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 if the amount of insurance under this guarantee
was divided pro rata as to the value on Effective Date of
guarantee of each separate parcel to the whole, exclusive
of any improvements made subsequent to Effective Date
of guarantee, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at the time of the issuance of this guarantee and
shown by an express statement herein or by an
endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under
this guarantee, all right of subrogation shall vest in The
Fund unaffected by any act of the insured claimant. The
Fund 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 guarantee not been issued, and if requested by
The Fund, such insured claimant shall transfer to The
Fund all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit The Fund 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 Fund 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 guarantee, but The Fund, 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 Fund by reason of the
impairment of the right of subrogation.
12. Liability Limited to This Guarantee
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire guarantee and contract between the insured and
The Fund.
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 guarantee.
No amendment of or endorsement to this guarantee
can be made except by writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, or member of Lawyers' Title Guaranty Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
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