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MYRTLE BELL "'~' ... c r' V ~ ~r;y Ihis Indtnture, Made this Between , : ~ i", 3896 PACE 310 . . RAMeo FORM 4 tj'212'7535 first day of June . A. D, 19 72 . MYRTLE BELL, a widow, of the County of Berkshire part y of the first part, and whose m~iling address is and State of Hassachusetts CITY OF CLEARWATER, FLORIDA, a municipal cor- P. O. Box 4748, Clearwater, Florida poration of the County of Pi:qellas and State of Florida part y of the second part, lItIfitntsseth, that the said part y of the first part, for and in consideration of the sum of :::: Ten - - Dollars, and other good - Jllld valuable cQllsidp..raliollS_1.o h~ in.hancJ paid,the re.c.cipf,wU€rf'Of -H;...~y- acJ.-wJwl edged, ha s granted, bargained, sold and conveyed, and by these presents does grant, bar- gain, sell, convey and confirm unlo the said pari y of Ihe second parI and its heirs and assigns forever, all that certain parcel of land lying and belllg in th,' County of Pinellas and State of Florida . more particularly described as follows: Lots 7 and 8, Block 3 Lake Belleview Addition, according to the map or plat thereof as recorded in Plat Book 9, page 141 of the Public Records of Pinellas County, Florida, also known as 1364 Pomello, Clearwater, Florida , Including all furniture and fixtures found therein. (/) .....'. lrJ t~~':~~;\ C=~~';~"\ [) 0 CUM E NT t, PY ~ co I "...".\\ "" \ ~,~~} T \ v::: , :"'..'"., .-'.... ' 1- Lv t<. 11),/\ \ "',', . : - ',-- \;;;;~t;~-I (.., II ~~ '""-ti~~11 OCTn!'n ,I P.B\)' l~ 0 5. 50 ,'.= C) ~~:nNllF L____.._. l1047~ _ = !f .A/ ,A~""'/'rfi-"',",.....,"-.I" N &' ~ :J:: 5t,~ 711: ....... f")' ,.' -- ......) '.", ::a ," ,',;. ~'t" ';' n, o ~ ~.. --!j- -'% ~;2 ~ c; -'-"'"u-.--,c.-:.- (L ~ - - LO Vi -s>- -'.... CD -'z w::> 20 r-- c;u r-- = .. ~ "'->> " Together with all the tenements, hereditaments and appurtenancps, with e~;; PrL~ilege:--right.~ tit/p, interest and estate, dower and right of dower, reversion, remainder ani! etlselTJ.-ent t![eret'!: belonging or in anywise apperlaininf}: To ilaue and to Jtold flu' same in};; ~im-;!e f~re(f€;. - ' And the said party of the first part does covpnant wilh the said party"" of the second part that she is lawfully seized of the said prt'misps, that they are free from all encumbrances and that she has good right and law- ful authority to sell the same; and the said party of the first part does hereby fully warrant the title to said [and. and will defend the same against the lawflll claims of all persons whomsoever. In 1tIitntss Uhertof, the said party of the first part ha 5 hereunto set her hand and seal the day and year above written. Signed. sealed and delivered in our presence: ~~~u....u............ !r14ttj,~114&muum . _m -_ m_UUhn_huh'mn'mu h_. hhuu'h_ m._.u_nu._n_.'. .' nn.. - _ ,_ -, _" .._ n___un '" .,nh,,_ n _ nu on u___, nn_____'_n_____u_ . u,_._u, .n__ _________, _______n..u'_.______ u, _, ,_.,. __ .n_" .n' .,_.., n,' __n, ...' , "'" _,. __ _nn________nnnnh_n_u u-----.--nn,_n__u_nnn___u_h . ThiR instrument \vas prepared by: j RETURN TO: HERBERT :1\1. BROWN, City Attorney CITY CLERK City of Clearwater, P. Q. Box 4748 P O. BOX 4748 Clearwater, Florida 33518 CLEARW ATER, FT' .~~""".. /~- t) 23 ('/D) ~ -,-- This 11/Slmf1l0l1 pnpamf Iry: AddrCJ:r i/ l1/' 00 ..... It~ ~ ~ ..~~~ O~r--..::l E-rilo:t'~ Z..::l >< ~ O::OOP-:: :J>ttC~ E- E--4 . E--4 l.&.lHO~ O::Oo.:~ ~ < J d .-I .-I cO :> 610 0) . f,..., Ht) ..c:'"O ~ s:: o cO ..0.-1 0) 0) Cl ~ :>.,.-1 ..00 '"0,0 0)0 f,...,Lf) cO .. 0. f,..., cO 0) 0) '"0 f,..., +-' _.-I 0. cO f,..., +-' E.s ~ cO ~ 8~~ ;::l 0 0) o +-' o 4-l cO '"0 0 E (/J~cO -.-I s:: 0) ..c: cO.-I E-to:lO Form 1118 : 7212'7534 f'"""" TUTBLANX REGISTERE.O U,SPAT.OF",CE Florida SA, TISFAC~N OF MORTGAGE.' ., . Tuttle La.w, R,.,./nr.publ/Shers.RUrl.,an,tI." ."."IIt:",', :cr309 That BANK OF CLEARWATER a corporation under the laws of the State of Florida fil certain mortgagesgiven by , holder of MYRTLE R. BELL, an unmarried woman to BANK OF CLEARWA~ER bearin~ date the 13t day of September , ./1, D. 1957 , recorded in o . R. Book 172 page4 5 9 in the office of the Clerk of the Circuit Court of Pinellas County, State of Florida-J; given to secure the sum of Ten Dollars~and -Other Valuable Considerations-------------------~~, evidenced by those certain note s , upon the following described property, situate, lying and being in Pinellas County, State of Florida, to wit: Block Three (3) Lots Seven (7) and Eight (8)/ of LAKE BELLEVIEW ADDITION I according to map or plat recorded in Plat Boolc 9, page 141, public records of Pinellas County I Florida. * and that certain mortgage bearing date the 11th day of January, A. D. 1961, recorded in 0, R, Book 1084, Page 489 in the office of the Clerk of the Circuit Court of Pinellas County I State of Florida, has received full payment of said indebtedness, and does hereby acknowledge satis- faction of said mortgage, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. Jlitnt!l!l the signature and seal of said corporation, by its President 21st day of February , .11. D. 19 72 this PINEL RE::;.(, /iLl".' L~~ "',~ .,', , ~ ,'".(".)",;" ~ T'\'"'""; , "J., ',- lll/'...u.., I CLERK" .' ..,."....'l _ CIRd)/fr-fl ," ... ' t"UR r Ocr 10 1/ 2" AH '7Z ~i9ttrb. ~ru1rb uttb irlinrrrb itt prrsrtttr o!: ~€a~ "",,',..",. /OR-,~;:3~- (Xi) v..-----C,C_ &tatt nf 1J11nrtba } <nOUtttg o! Pinellas 11 lltrrrhg <nrrU!g That on this day personally appeared before me, an officer duly authorized to administer oaths and tf!keacknowledgments, J. R, Lane I President f N OF C ,.,."j,\',;;; t' o BA K LEARWATER", ," I. ",../'. ',. ',', , a corpora wn, to me well known to b~f.li;8;t1~r8On {'d;~s()tibe.<tin and who executed the foregoing satisfaction piece anddiflY:(Jc7ciwwled(e(l"beforeme that he executed the same for the purpf)~fi$the7\eih' ix.'j)1i~s8'e.d.a$the act and deed of said corporation. 1Itt IhtttPSS .4rrpot:..:';,:':"'"'::lha'4'~i;hereu1ito.set my hand and affixed my official seal at Clearwater"...:", ~a[d:Countyand State, this 21st day of Feb~~:::, ''''::0" >J ~~ D.19 n. ~<lLIt~-€- &-cr-".--- . J'_,~:.iF;:ti~.;dl~~~;~:.18. 1973 -jJ:~~::~~~~~on Expires ~ , i CLOSING STATEMENT \1 Clearwater, Florida 'Oct.: 4 , 1972 Seller: Myrtle R, Bell Purchaser: City of Clearwater, Florida Property Description: Lots 7 & 8, Block 3, Lake Belleview Addition Credits to Seller: Sales Price Credits to Purchaser: Sellerts pro...rata share of 1972 real estate taxes Documentary Stamps on Deed: State $13.80 Sur..tax5. 50 Fee for Death Certificate for IrvIng A. Bell Recording Death Certificate Recording Release of Tax Lien Recording Release of Mortgage Recording Affidavit of Sarah E. Hendrix Cash to close $ 9.00 19. 30 v 5.00 4.00 v 4.00 v 4.00 V' 4. 00 v 4,550.70 $4,600.00 Purchaser's Expenses: Chelsea Title & Guaranty Co. Recording Deed $46.00 6.00 v $52.00 $4,600.00 $4,600.00 @ . . , CITY OF CLEARWATER II AtTHORIZATION FOR DISBURSEME'WT October 5, 72 ---------______________________, 19____ Pay to ____lL~~Q_td__t1~J.J_~~~~_~~L~~~;_!t__Q~~!~_~_~~____ to cover the following: $ CODE $ City purchas~ from r.yrtle Bell Lots 7 & 8, Block 3, Lake Bell.view Addition. Recording Deed Documentary Stamps State 13.80 Sur-tax 5.50 Record death certificate Record release of tax lien Record release of mertgaeg Record affidavit of Sarah E. Hendrix ----l>:"O"O-- ---19~3a-- ----I~(fa-- ----4~OO-- ----4~OO-- ====~~Q~== Total of this Disbursement $ ____4l_ot...3.Q_ O. K. APPROVED: ------------------------------(5~y-M~;~g~~--- I ". y~ may now .trange for removal of lien from public record felease ., :ederal -ax Lien Attached is a Certificate of Release of Feder; Lien for taxes filed in your name. To have the lien removed from public record ~ should file the certificate of release with the I officer where the lien is filed and pay him any fee that is due. Department of the Treasury I Internal Revenu ) 8911'-874 ",,: 72127532 Form 668 / DEPARTME OF THE TREASURY-INTE REVENUE SERVI~ (REV. 1-70) ~ (ERTIR E OF RELEASE OF FEDERAL TAX LIEN DISTRICT SERIAL NUMBER J cks cnvil1e 80969 A I hereby certify that as to the following-named taxpayer the requirements of Section 6325(0), Internal Revenue Code, have been satisfied with respect to the taxes enu- merated below, together with all statutory additions provided by Section 6321; and that the lien for such taxes and statutory additions has thereby been released. The proper officer in the office where notic, of internal revenue tax lien was filed on M~rch 8 1 " 1~, is hereby authorized to make notation on his books to show the release of said lien, insofar as the lien relates to the follow- ing taxes. .' NAME OF TAXPAYER For Optional Use By Recording Office ,G.~. :3896 ~1t:J{J'i7 '. .... ~t~ ;:;; ~ ,..: r- :'l- n 1>- ~', ___ _ ~ (fI ( ',~ ~ ~ ~ t.:. ~= N ~-~\";- W ;:: f ::". ,~ g)o-,~ :J:J t ',- ~ :.e;' " ,...,. Ie A Bell RESIDENCE 1 P ame10 Street Ole arwater Florida KIND OF TAX (a) UNPAID BALANCE OF ASSESSMENT (e) 65.00 TAX PERIOD ENDED (b) 1959 ASSESSMENT DATE (c) 4-1-60 IDENTIFYING NUMBER (d) 59 232131353 Inc orne PLACE OF FILING Clerk of Circuit Court Pine11as County C1eqrwater Florida RETURN TO: CITY CLERK P_ O. BOX 4748 RW A TER FLA. 33518 TOTAL $ 65.00 WITNESS my hand at Jacks onville, Florida , on this, the 25th day of February ,1972 SIGNATURE TITLE Chl..ef S ecia1 Procedures Staff E: Certifi e of officer authOrized by low to toke acknowledgments is not essential to the validity of Notice of Federal Tax Lien G.C.M. . 1950-51, 125.) sS PART 3- To be used for recording purposes ~ CE:RT'I.FIE~D ' r ',' COpy - 'NI ......laL~T fE. "...V' RE'RODUClD BlLOIAI TO a,\A TRUE' ANO 'CO....~~ .~ COPV OF THE ORIGINAl!- RECORD ON "LI IN THE aUREAU OF "'TAL STAnnlCS OF THE " ITATI OF FL""'OA. OE,.ART""NT OF HEALTH ANO REHABILITATIVE 'ERVICES, COYISION " .,. O' HEALTH AT JAC"O""V'LLI. 'LORIOA. 0 is ;!: .. "" "'~.."" · .",. VAL'D U'LE.'. '.t "AC DFT'" "'T. OF FeD.. D', D...... EOT DF '''LT. "D ...... L" AT." ~ f:$ ~ "- .....e... D.....D~ OF "'LT. ""..nD.. ~ ~ ~ , ?.~~l~\ 1&51 ~~J:; ~.~~. \. i HEALTH --- QE~AftT~ENT OF HEALTH AN. ~ REHAaILITATIVt; HftVICES 0 ~' it '3896 fAH3Q8 ,f~' -~ 1~72 .TATa BOARD 01" HEALTH BUREAU 01" VITAL "'ATlntce " "~""17 "' z o j: .c: i l- ll: W U ../ .c: u 6 w :r 2Qd, INJURY OCCURRED WHILE AT 0 NOT WHILE 0 ~" "~,, ~ <'. / 2- _ . <::/~ - ~. to '-~--~~and Ja.1 'a", him aJive on 21, I attended the decea.ed2.' Iro,"2-_ "'~, ~ --- .. bo ' d t th b t 01 my kno"'led~e. Irom the C41u.e. .tated . ) r "/ m on the date .teted eve. an 0 e e. n..'h ~."...... -. ~~ '-y:;;> . 4, 2Zc, 04TE SIGNED . ~..,." '" "~'''.~~. P-2..9-(,3 (Stott) CERTIFICATE OF DEATH FLORIDA CODE NO. -------.-..,._,-,. 63hO 33,82 STATE F'fL!: NO.~~ REGISTRAR'S NO, , ,,t f) ~, Z, USUAL 1tIIIDINt[ (WAIT. d-',d littd l! i"'lilUI 0 ' R .L .. STATE F klli.da . !, COUNTY' " ~......,~ .........1 I I I r~ I ~~ f1~JeaJL ~, STREET ADDRESS t, IS RES/orNCE INS'~ CITY lI",rrS? YES~ NO 0 ON A FARMl YESO NO~ D., Y,ar 3, lIA.a 0,. -Cl:AaeD (7)1H or pri1lt) 5, SEX /fJa/..e M.i..i;e 10. USUAL OCCUPATION (oiOt kind 01 "'ork "6 '1~6~lOorktn' lilt. _II il'llu.) 13, FATHER'S NAIIE Urw Df:aLn.a6.Le Fir. It ed. LJelJ.. 7 IIARRIED 8 NEVER "'ARRIED 0 8, DATE OF BIRTH WIDOWED 0 DIVORCED lOt>, KINO OF BUSINESS OR INDUSTRY 11. NOIltA ';) 12, CITIlEN tY WHAT COUNTRY! U. S. A.' 15, WAS ~CEASED EVEII IN U, S. ARIIED FOItCES1, (r., ". or "ft.4:It.O..) (/f ~... .i_ ..,. or.... .,.......) fro 18, CAuae DI' DEATH lElit., 07J/,...."- p*r Ii.. ft>r (a). (0), and (tl.) PART I. DEATH WAS CAUSED BY, I"'IIEDIATE CAUSE (e) -..----- 'lIJ/ CITY, TOWN. OR LOCATION COUNTY STATE zs:-DATE;;fcO: BY LOCAL REG, ~ U G 3 0 1963 I\.! , .. : , .:- "" I AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) THIS AGREEMENT, made and entered into this rj tJ.~ day of ~~ ' A. D. 197 e:t. , by and between MYRTLE A. BELL, ,', r ;j unremarried widow, by and through her duly authorized attorney in fact, an SARA HENDRIX, hereinafter referred to as "Owner", and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Purchaserll; WITNESSETH WHEREAS, the City of Clearwater requires property hereinafter described as right of way for construction and maintenance of an authorized city, county or state street or highway and said Purchaser is required to furnish same for said purpose; NOW, THEREFORE, in consideration of the premises and other good and valuable considerations, it is agreed as follows: 1. The Owner agrees to sell and convey, by good and sufficient warranty deed, free of liens and encumbrances, except as herein otherwise indicated, unto the City of Clearwater, Florida, a municipal corporation, the following described land in Pinellas County, Florida, to wit: Lots 7 and 8, Block 3, Lake Belleview Addition, according to the map or plat thereof as recorded in Plat Book 9, page 141 of the Public Records of Pinellas County, Florida, also known as 1364 Pomello, Clearwater, Florida; at and for the sum of Four Thousand Six Hundred Dollars ($4,600.00). 2. Purchaser shall pay said sum in cash within ninety (90) days from date hereof upon simultaneous delivery of such deed of conveyance. 3. All taxes for the current year shall be pro-rated at the time of closing and the Owner will place the necessary documentary tax stamps upon the deed and Purchaser will furnish the necessary title insurance. - 1- (f) .- ~ '... I , po"". 4. This agreement is being executed on behalf of the Owner, Myrtle A. Bell, an unremarried widow, by Sara Hendrix, as her duly authorized attorney in fact. The Power of Attorney authorizing Sara Hendrix to act on behalf of Myrtle A. Bell has been duly recorded in O. R. 3570 , page 401 of the Public Records of Pinellas County, Florida. 5. This agreement shall be binding upon the heirs, personal representatives, executors, successors and assigns of the parties hereto, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Signed, sealed and delivered in the presence of: '1 ~~ /L~ (SEAL) Sara Hendrix, as attorney in fact for Myrtle A. Bell, an unremarried widow FLORIDA Approved as to form & CO_~/llI;;~ city Attorney , -2- - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ "' I OWNER'S POLICY "' ~.,w ~ ~ ~ I Cke lea :1i1e and (Jual'anlg Com-pan,! I ~ ~ ~ HOME OFFICE, ATLANTIC CITY, N. J. ff'~ ~ ~ ~ ~ ~ ~ ~ ~ I App. No...~.~~~.6..,.............. Amount..$.~....?9.Q.~.9.Q... N~ 7 ~ 7 712 F !~ ~ Binder No. 120129B ~~ ~ ~ ~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~ r?d! called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ~ ~ ~~ ~ agree that it will pay to * * ~ ~ * * CITY OF CLEARWATER ~ ~ ~ ~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ff'~ ~~ not exceeding FOUR THOUSAND SIX HUNDRED AND NO/IOO - - - - - - _ _ _ _ _ _ _ ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 4, 6 00. 00 ) , ff'~ ~ ~ ~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ff'~ ~~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~ ~ of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ff'~ ~ October 10, 1972 at 11: 24 A. M. f . b" ~ ~~ which date shall be deemed the effective date of this Policy, excepting the de ects, estates, mterests, 0 Jecbons, ~ ~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ff'~ ~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~ ~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~ ~ compliance with the provisions of same and not otherwise. ff'~ ~ ~ ~~ This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~ ~ Company. iTa. ~ ~ ~ In Witness Whereof, C~,1llla :Jill. anJ (ju.aran1'l ~ ~ COMl'an'l has caused these presents to be signed in facsimile by its duly ~ ~ authorized officers and its corporate seal to be affixed in accordance with ~ ~I?I?' its By-Laws, this the:- .' 31st day of ~~ October 19 72. I ~ /7 /J C7 /J J/7 /? ~ ~ L'l.el6.a Jill. an '::Juaranl'J Lompan'J ~ ~ ;/ i] ~ I~/~ ~ ~ President ~ ~ Marjorie J. Michael ATTEST, ~_ aA-- ~ ~ ~~ By: Asst. Secret~ry _ (\ Ct. QM__'m"^, 7 ~ ~ ~~f'0J:::'\:'_~~~ Ch 'I (/ , Secretary ~ ; Authon"'\Jig""'J& /J 11/,,)1 ; ~~~~~~~~~~~~:~~~~~,~~~~~~~~~~~~~.~C Florida-2-Form 2S I " .. , SCHEDULE A App. No.....:L,~,~~,~............. Policy No.: ..?Ei??~,?,r....., Insured: CITY OF CLEARWATER Effective date: October 10, 1972 at 11:24 A. M. Amount of liability: $ 4,600.00 1. The estate or interest of the Insured in the real estate described below covered by this Policy is FEE SIMPLE 2. The deed or other means by which the estate or interest covered by this Policy is vested in the Insured is described as follows: Warranty Deed executed by Myrtle R. Bell, a widow, in favor of the City of Clearwater, dated June 1, 1972 and filed October 10, 1972 at 11:24 A. M. in O. R. Book 3896, Page 310 ,..of the Public Records of Pinellas County, Florida. 3. Description of the land in which the Insured has the estate or interest covered by this Policy. LOTS 7 and 8, BLOCK 3, LAKE BELLEVIEW ADDITION, according to the map or plat thereof as recorded in Plat Book 9, Page 141, of the Public Records of Pinellas County, Florida. Countersigned: ~~!\~~~t'~^~~ oQ Aut oi-ized eprese tive Form No. 22.A , ~ I SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties oth~r than the Insured in actual possession of any or all of the property. 2. Any variation in .location of lines or dimensions, deficiency in quantity ,of ground, or any state of fact which an acceptable survey w,?uld disclose, or which are visible or are known to the insured, 3. Rights of way and easements over, across, above or below the surfac~ of the land not disclosed of record or arising by necessity or implication. ' 4. Possible unfiled mechanics' and materialmen's liens. 5. All assessments and 'taxes for the year 19 72 and. all subsequent years. 6. Liability for municipal improvements made or authorized but not ass.essed. 7. Title to furniture, furnishings, fixtures and equipme~t, wh~ther attached or unattached to the real estate, is neither guaranteed nor insured under the terms of this policy. Title to mobile homes or modular homes is neither guaranteed nor insured under the terms of this policy. Form No. 22-B ...' ~i]~~~~~~~~~~ ~ LAKE BELLEVIEW ADD, Bl 3 ~ ~ /.kOTS 7 .&~ . ~ ~; Winner s :Jf1.oI tc~.of ~ ~ Ii?T' 1'1 ~~ ~ \!} itIe ~ nsltrance ~ ~ ~ ~ ~ ~ ~ ~r.R ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ Amount Insured ~ ~ $ ~ ~ Party Insured ~ ~ ~ ~.Jt.~ ~ ~. ~~ ~ ~ ~ ~ ~ Chelea :JUt. anJ ~ ~ /'uaranl'l Compan'l ~ ~ "34 ~ ~r.R Home Office ~ ~ ~~ ~ Atlantic City, N. J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~ ~ " I , CONDITIONS AND STIPULATIONS OF THIS POLICY 1, The Company shall have the right to, and will, at its own cost and expeo,", defend the title insured by this Policy in any action of ejectment or other action or proceeding founded upon a claim of title, encumbrance or defect, which existed, or is claimed to have existed prior in date to the effective date of this Policy, and not excepted herein. In case any such action or proceeding shall be begun, it shall be the duty of the Insured at once to notify tbe Company in writing of tbe full particulars thereof and secure to the Company tbe right to dcfend sucb action or proceeding in the name of the Insured and to give all reasonable assistance tberein. Failure to notify tbe Company as aforesaid at its Home Office, within ten (10) days after process or notice in such action or proceeding sball be served upon the Insured, shall operate as a full release and discharge of tbe Company from any and all liability witb respect to the subject matter of such action or proceeding; provided, however, that failure to notify tbe Company as aforesaid shall not prejudice the claim of tbe Insured if the Insured shall nol be party to such action or proceeding; nor be served with summonses, process or notice therein; nor have any knowledge thereof, Tbe Company reserves the option of settling the claim or paying the Policy in full; and the payment, or tender of payment, to the full amount of tbis Policy shall operate as a full release and discharge of the Company from any and all liability under Ibis Policy, 2, Whenever the Company shall have settled a claim under this Policy, it sball be suhrogated to tbe rights and remedies of the Insured against any other person or property in respect to t.he subject matter of such claim and the fnsured shall transfer or cause to be transferred to the Company such rights, securities and remedies and permit the Company to use the name of the Insured for the recovery thereof. Any sum collected on sucb rigbts, securities and remedies over and above the amount of loss paid by tbe Company sball belong, and on demard shall be paid to the Insured, The Insured warrants that such rights, securities and remedies shall vest in the Company unaffected by any act of the Insured. 3, Nothing contained in this Policy shall be construed as insuring against loss or damage by reason of fraud on the part of the Insured, or by reason of claims arising under any act, thing, or trust relationship done, created, >uffered or permitted by the Insured; or by reason of the fact that the Insured was not a purchaser for value, or that the acquisition of the estate 0.1' interest hereby insured cootravened the laws of the United States establishing a uniform system of bankruptcy; or against the rights of dower and homestead, if any, of the spouse of the Insured; nor will the Company be liable in any event for any loss or damage arising from the refusal of any party to carry out any contract to purchase, lease or loan money on the estate or interest insured. 4, A statement in writing of any loss or damage for which it is claimed the Company is liable shall be furnished to the Company within sixty days after such loss or damage, and no right of action shall accrue under this Policy until thirty days after such statement shall have been furnished and no recovery shall be had under this Policy unless action shall be commenced thereoo within one year after the expiration of said last mentioned period of thirty days; and a failure to furnish such statement of loss or damage, and to commence such action within the time hereinbefore specified, shall be a conclusive bar against the main tenance of any action under this PoHcy. . 5, All payments under this Policy. or any owner's policy issued to the Insured's vendee or vendees covering any part of the property described bertin, shall reduce the amount of insurance pro tanto, aDd DO payment can be demanded without producing the Policy for endorsement of such paYlDent, If the Policy be lost or destroyed, indemnity satisfactory to the Company must be furnished. It is expressly understood and agreed that any loss payable under this Policy may be applied hy the Company to the payment of any mortgage mentioned in Schedule B. the title under which is insured by the Company, or which may be held by the Company, and the amount so paid shall also be deemed a paymeot to the Insured under this Policy. The aggregate liability of the Compaoy under thL. Policy and any policy issued to the holder of such mortgage shall not exceed the amount of this Policy, 6. Nothing contained in Ihis Policy shall be construed as insuring (I) against the consequences of any law, ordinance, or governmental regulation (induding building and "zoning" ordinances) limiting or regulating the use or enjoyment of the property herein described or the character, dimensions, or locations of aoy improvements erected or to be erected thereon, or (2) against the consequences of the exercise or attempted exercise of "police power" or the power of lleminent domainu over said property, or (3) the title to aoy personal property, whether the same be attached to or used in connection with the property hereby insured or otherwise, or (4) the title or rights of the Insured in any property heyond the line of the property described in Schedule A, or in any streets, roads, avenues, lanes or ways in said property or upon which said property abuts. or to tide lands or lands comprising the shores and bottoDlll of navigable rivers, lakes, hays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United Stat01l Government, or to filled in lands or artificial islands or riparian rights, or (5) that tbe buildings or other erections on the property comply with State aod Municipal laws, regulations and ordinances, or (6) against loss or damage by reason of mechanics' or materialmen's liens, liens of contractors, sub.. contractor3 or other liens arising out of the construction or repair of buildings and improvements on the property. the tille to which is hereby insured, not filed or of record at the effective date of this Policy, or (7) against loss or damage by reason of the rights, titles or occupancies of parties in actual posses- sion of any or all of the property herein described at the effective date of this Policy. or (8) the acreage or area contained in a given tract, nor accuracy or location of boundary lines, nor tbe location or contiguity of tbe interior lines of any parcels making up such property, unless an accurate survey of the property described is furnished. or (9) against acts done or suffered by the Insured and oot disclosed by the application upon which this Policy was issued. 7, The Company shall not be' liable hereunder for the cost and e:<pense incurred in tbe satisfaction or removal of liens upon or objections to the title, which were found upon examination of title to exist at the effective date of this Policy. but whicb shall have been satisfied or removed prior to the date of the actual delivery of this Policy, 8, If the property described in Schedule A is divisible into separate independent parcels and a loss is established affecting one or more of said parcels, the loss shall be computed and settled on a pro rata basis as if the face value of this Policy was divided pro rata as to the value of each separate independent parcel, exclusive of the improvements made subsequent to the date of this Policy. to the whole, 9, Defects and encumbrances, arlSlng after the effective dale of this Policy, or created, suffered, assumed or agreed to by the Insured, and taxes and assessments which have not become liens up to the effective date of this Policy, or which, although they have become liens, are not payable until some future date or in future installments, are not to be deemed covered by this Policy; and no approval of any transfer of this Policy shall be deemed to make it cover any such defect, encumbrance, taxes or assessments. 10, Any untrue statement made by the Insured. or agent of the Insured, with respect to any material fact; any fraud perpetrated; any suppression of or failure to disclose any material facts; any untrue answer by Ihe Insured, or tbe agent of the Insured, or tbe agent to tbe Insured, to material inquiries before the issuing of this Policy, shall void this Policy. 11. The term "the Company" as herein used, means CHELSEA TITLE AND GUARANTY COMPANY. and the term "the Insured" means the person or persons in whose favor this Policy is issued. 12, No officer, agent or other representative of the Company, shall have the power to waive any of the conditions or stipulations of this Policy, except the President or one of the Vice-Presidents of the Company. and such waiver. if any, shall be writteo upon or attached bereto, This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined. This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be obtained.