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GILBERT G. JANNELLII#: 2PID221612 BK: 16995 PG: 159-4, 08/g6/2010 at 02:29 PM, RECORDING 2 PAGES $18.50 1) DOC STAMP COLLECTION $2072.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR03 Prepared By: iMikell L. St. Germain Somers Title Company 1290 Court Street J Clearwater. FT. 33756 incidental to the issuance of a title Insurance policy. File Number: 10060080 Parcel ID #: 15/29/15/648901003/0010 L SPECIAL WARRANTY DEED (INDIVIDUAL) This SPRCIAL WARRANTY DEED,dated 08/05/2010 by: Gilbert G. ,lannelli whose post office address is: hereinafter called the GRANTOR, to The Community Redevelopment Agency of the City of Clearwater, Florida whose post office address is: 112 S. Osceola Ave., Clearwater, Fl 33756 hereinafter called the GRANTEE: (Wherever used herein the terns "GRANTOR" and "GRANTF.F." includa all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations,) WITNESSETH: That the GRANTOR, for and inconsideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, atiens, remises, releases, conveys and confirms unto the GRANTEE., all that certain land situate in Pinellas County, Florida, viz: Lots 1, 2,3 and 4, Block 3, OVERBROOK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. Property is not the homestead of, nor is it contiguous to the grantors homestead Prepared By: Mikell L. St. Germain Somers Title Company 1290 Court Street cam/ (VJ Clearwater, FL 33756 incidental to the issuance of a title insurance policy. File Number: 1006008C Parcel ID #: 15/29/15/64890/003/0010 > R c ed I, 7oro iic ly Coun l Da=le 0 Time Rm 810 11file.com 800.480.5867 SPECIAL WARRANTY DEED (INDIVIDUAL) This SPECIAL WARRANTY DEED,dated 08/05/2010 by: Gilbert G. Jannelli whose post office address is: hereinafter called the GRANTOR, to The Community Redevelopment Agency of the City of Clearwater, Florida whose post office address is: 112 S. Osceola Ave., Clearwater, F133756 hereinafter called the GRANTEE: (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR, for and inconsideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz: Lots 1, 2, 3 and 4, Block 3, OVERBROOK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. Property is not the homestead of, nor is it contiguous to the grantors homestead SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 2010 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities, if any, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND THE GRANTOR does hereby give a limited warranty of title to said land for and only during the period of his ownership of the same, and will defend the same against the lawful claims of all persons whomsoever for such period of time. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. IN THE PRESENCE OF THE FOLLOWING WITNESSES: Signature: Gilbert G. Jannelli Print Witness Name/--No Signature: w Print Witness a"me:,n„ C C ? WA(0 N State of Florida County of Pinellas Signature: THE FOREGOING INSTRUMENT was sworn and acknowledged before me on 08/05/2010 by: Gilbert G. Jannelli who is personally known to me or who has produced driver license(s) as identification. { Notary Seal Signature: - Print Name: , n ` ? I I V 1 1, 1. /?- MIKELL L ST. GERMAIN I Notary Public, state of Florida ,''??!?? r±•?, r.•,-'s?innFxnirc?^.(?!??.:ti111 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) Policy No. FL6266-48-1006008C-2010.7410609-81325667 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of; L Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY FL6266 1006008C Somers Title Company 1290 Court Street Clearwater, FL 33756 Tel:(727) 441-1088 Fax:(727) 449-1359 - ':?? Au or ed Signature Ronald E. Somers A ATTEST President ',% ..Secretary Reorder Form No. 8218 (Reprinted 10/00) (7210609) ALTA Owner's Policy (10-17-92) with Florida Modifications EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or -:._f?=.... A creditor. ?f such recordatron#o`im art notice to 'a piircTaser for vane or a judgment or lien Chicago Title, Insurance Company ALTA OWNER'S POLICY Agent's File Number: 1006008C Owner's Policy Number: 7410609-81325667 Schedule A Date of Policy: August 6, 2010 at 02:29 PM Amount of Insurance: $296,000.00 1. Name of Insured: The Community Redevelopment Agency of the City of Clearwater, Florida 2. The estate or interest in the land which is encumbered by the insured is: Fee Simple 3. Title to the estate or interest in the land is vested in the Insured by: Special Warranty Deed executed by Gilbert G. Jannelli to The Community Redevelopment Agency of the City of Clearwater, Florida dated August 5, 2010, filed August 6, 2010 in Official Records Book 16995, Page 1597, of the Public Records of Pinellas County, Florida, conveying said property described herein. 4. The land referred to in this policy is situated in the State of Florida, County of 1inellas and is described as follows: See Schedule A Continuation, for Legal Description Somers Title Company By: A C?D,4L Authorized Ag&ff Ronald E. Somers Chicago Title Insurance Company ALTA OWNER'S POLICY Agent's File Number: 1006008C Owner's Policy Number: 7410609-81325667 Schedule A, Continuation Lots 1, 2, 3 and 4, Block 3, OVERBROOK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. Chicago Title, Insurance Company ALTA OWNER'S POLICY Agent's File Number: 1006008C Owner's Policy Number: 7410609-81325667 Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) by reason of the following.: 1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed by law and not shown by the public records. 4. Rights of parties in actual possession of all or any part of the premises. 5. Any adverse claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 6. Taxes and assessments for the 2010, which are not yet due and payable. THE FOLLOWING ITEMS ARE HEREBY DELETED:1 through 5 7. Easement Agreement recorded in O.R. Book 7195, Page 2194 of the Public Records of Pinellas County, Florida. 8. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the Office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 9. Any lien provided by Chapter 159 of Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system or gas system servicing the land described herein. 10. If subject property has been a rental unit or non-owner occupied property, it may be subject to Tangible Taxes, which are not covered by this policy. 11. Claims or liens for dues, any type of assessment or other charges of whatever nature charged or levied by any condominium or resident's organization or association against the premises or common areas. Chicago Title, Insurance Company ALTA OWNER'S POLICY Agent's File Number: 1006008C Owner's Policy Number: 7410609-81325667 12. Subject to payment of any pending or certified charges/special lien/assessments including, but not limited to: sanitation, utility, road paving, wastewater, imposed by the City, County and/or the State. 13. NOTE: Temporary Access Easement granted to City of Clearwater, Florida as recorded in Official Record Book 16995, page 1593 of the public records of Pinellas County, Florida 14. NOTE: Temporary Access Easement granted to City of Clearwater, Florida as recorded in Official Record Book 16995, page 1595 of the public records of Pinellas County, Florida 15. Print of survey as prepared by George A. Shimp II and Associates, Incorporated, dated 6/28/2010 shows; Asphalt/concrete sidewalk extending over the Easterly (side) lot line; concrete driveway extending over the Northerly (front) lot line; Building and concrete wall extend over the Westerly (side) lot line. CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named 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. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described, or referred to in Schedule A, and im- provements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case or any litigation as set forth in Section 4(a) below, (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 Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a )Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b)The Company shall have the right, at its own cost, to institute and 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, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company, shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any 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. (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 the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the.extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) This paragraph removed in Florida policies. (c) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. B. 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 the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim or unmarketability of title or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage 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. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies n thdproportion`which the Company's payment bears to the whole amwnt'of'thC, loss. If loss should result from any act of the insured claimant, as stated above, that 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 by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to the policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only If the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) 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 by any action asserting such claim, shall be restricted to this policy (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validation officer or authorized signatory of the Company. 16. SEVERIBILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall bb addressed to the Company at the issuing office or to: Claims Department P.O. Box 45023 Jacksonville, FL 32232-5023 I _. !4 A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Somers Title Company 1290 Court Street Clearwater, Florida 33756 (727) 441-1088 fax: (727)449-1359 B. TYPE OF LOAN 1. FHA 2. FMHA 3. E CONY. UNINS. 4. VA 5. CONY. INS. 6. File Number. 7. Loan Number: 1006008C S. Mortgage Ins. Case No.: C. NOTE: This farm is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked fpoc)_ w_ ere paid outside the closing, They are shown here for informational purposes and are not included i n the totals. _ _ _ The Community Redevelopment Agency of the City of Clearwater, Florida D. Buyer: 112 S. Osceola Ave. Clearwater, F133756 Gilbert G. Jannelli E. Seller: 909 S. Ft. Harrison Ave. Clearwater, Fl 33756 F. Lender: 1359 Cleveland Street G. Property: Clearwater, Pinellas County, Florida 33756 Lot 1, 2, 3 and 4, Block 3, OVERBROOK SUBDIVISION, Book 8, Page 23, Pinellas County, Florida H. Settlement Agent: Somers Title Company _ Place of Settlement: 1290 Court Street, Clearwater, Florida 33756 Pinellas County 1. Settlement Date: August 5, 2010 J. Summary of Buyer's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Buyer: 400. Gross Amount Due To Seller: 101. Contract Sales Price 296,000.00 401. Contract Sales Price 296,000.00 102. Personal Property 402. Personal Pro e 103. Settlement Charges to Buyer line 1400 4,126.00 403. Adjustments for Items Paid b Seller in Advance: Adjustments for Items Paid b Seller in Advance: 106. City / Town Taxes 406. City / Town Taxes 107. County / Parish Taxes 407. Coun / Parish Taxes 108. Assessments 408. Assessments 120. Gross Amount Due from Buyer: 300 126.00 420. Gross Amount Due to Seller: 296,000.00 200. Amounts Paid b or in Behalf of Buyer: 500. Reductions in Amount Due to Seller: 201. Deposit / Earnest Money 501. Excess Deposit (see instructions) 202. Principal Amount of New Loan 502. Settlement Charges to Seller Line 1400 1,950.00 203. Existing Loans 503. Existing Loan(s) 204. 504. Pa off of First Mort a e 205. 505. Payoff of Second Mortgage 206. 506. Purchase Money Mortgage 207. 507. Code Enforcement to Ci of Clearwater 5,126.60 208. 508. 2010 Real Estate Taxes 1/1/10 to 8/5/10 to Diane Nelson, Tax Collector 1,608.28 Adjustments for Items Unpaid b Seller: Adjustments for Items Unpaid b Seller: 210. Ci / Town Taxes 510. City / Town Taxes 211. Coupi?K / Parish Taxes 511. County / Parish Taxes 212. Assessments 512. Assessments 213. 2010 Real Estate Taxes 1/1/10 to 8/5/10 513. 2010 Real Estate Taxes 1/1/10 to 8/5/10 220. Total Paid b / for Buyer: 0.00 520. Total Reductions in Amount Due Seller: 8,684.88 300. Cash at Settlement from / to Buyer: 600. Cash at Settlement to / from Seller: 301. Gross Amount due from Buyer line 120 300,126.00 601. Gross Amount due to Seller line 420 296,000.00 302. Less Amount Paid by/for Buyer line 220 0.00 602. Less Reductions Amount due Seller line 520 8,684,88 303. Cash From Buyer: $300,126.00 603. Cash To Seller: $287,315.12 HUD-1 May 2007 OMB No. 2502-0265 August 4, 2010 3:41 PM RESPA handbook 4305.2 Se 1eme6tpate:August 5, 2010 File Number: 1006008C L. Settlement Charges 700. Total Sales / Broker's Commission: Division of Commission as follows Paid from Buyer's Funds at Paid from Seller's )Funds at 701. Settlement Settlement 702. 703. Commission Paid at Settlement 704. 800. Items Payable in Connection with Loan: 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. Assumption Fee 900. Items Required b Lender to be Paid in Advance: 901. Dail interest char a from Au 5, 2010 902. Mort a e Insurance Premium 903. Hazard Insurance Premium 904. Flood Insurance Premium 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insurance 1003. City Property Taxes 1004. County Property Taxes 1005. Annual Assessments 1100. Title Charges: 1101. Settlement or Closing Fee to Somers Title Com an 350.00 1102. Abstract or Title Search to STC fbo T. Gatliff 70.00 1103. Title Examination 1104. Title Insurance Binder 1105. Document Completion Fee 1106. Notary Fees 1107. Attorney Fees to Goza and Hall, P.A. includes above item numbers: 1,950.00 1108. Title Insurance to Chicago Title Insurance Company includes above item numbers: 1,555.00 1109. Lender's Coverage 0,00 1110. Owner's Coverage 296,000.00 Risk Rate Premium: $1,555.00 1200. Government Recording and Transfer Charges: 1201. Recording Fees: Deed 18.50 Mort a e 0.00 Releases 0.00 18.50 1202. Ci /Coun Tax/Stamps: Deed 0.00 Mort a e 0.00 1203. State Tax/Stamps: Deed 2,072.00 Mortgage 0.00 2,072.00 T 1204. Intangible Tax to Clerk of the Circuit Court 1205. 1206. Record Temporary Access Easement to Clerk of the Circuit Court 18.50 1207. Record Temporary Access Easement to Clerk of the Circuit Court 18.50 1208. E-file Recordings to Sim lifile 13.50 1300. Additional Settlement Charges: 1301. Survey POC-B 1302. Pest Inspection 1303. Lien Search to City of Clearwater 10.00 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K-) $4,126.00 $1,950.00 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disburseme ade on my account or by me in th is transaction. I further certify that I have received a copy of HUD_ 1.5-q k:me,, n Statemet Buyer /!C? ?---_-_..--•_.?.•_-- ---- - The Community Redevel went Agency of the City of Clearwater, Gilbert G. 7annelli Florida The HUD-1 Settlement Stat n hick I have pre a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this to ? Date: August 5, 2010 Settlement Agent: Mikell . St. Germain WARNING: It is a crime to knowingly make false statements.to the United States on this or any other similar, form.. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. HUD-1 May 2007 OMB No. 2502-0265 August 4, 2010 3:41 PM RESPA handbook 4305.2 Proceeds From Real Estate Transactions Substitute 1099-S Statement for This is important tax information and is being furnished to the Internal Revenue Service. If you are Recipients 2010 required to file a return, a negligence penalty or other sanction may be imposed on you if this item is re uired to be reported and the IRS determines that it has not been reported. FILER'S name, address, city, state and Zip code FILER'S CONTACT PERSON AND PHONE NUMBER FILER'S TAX ID NUMBER Somers Title Company Mikell L. St. Germain 59-3181302 1290 Court Street (727) 441-1088 Clearwater Florida 33756 TRANSFEROR'S name, new address, city, state and Zip code 3. Address or legal description (include city, state and Zip TRANSFEROR'S TAX ID NO. code) Gilbert G. Jannelli 909 S. Ft. Harrison Ave. Lot 1, 2, 3 and 4, Block 3, OVERBROOK soc sec. # . Clearwater, Fl 33756 SUBDIVISION, Book 8, Page 23, Pinellas County, Florida 1359 Cleveland Street Clearwater Florida 33756 Account or File Number 1. Date of Closing (MMDDYY) 2. Gross Proceeds 1006008C 08/05/10 $296,000.00 4. Check here if the transferor received or will receive 5. Buyer's part of real estate tax property or services as part of the consideration. $ Number of 1099-S Fortes required for this Sale 1 Amount of proceeds for the Seller if not Gross Proceeds, based-on Seller's declaration $ Under penalties of perjury, I hereby certify that all information on this form is true and accurate. I further certify that I have furnished the settlement officer with my correct Taxpayer Identification Number. If I had not done so, I may be subject to civil or criminal penalties imposed by law under the Tax Reform Act of 1986, under Internal Revenue Code Sections 6045(E), 6676, 6722, 6723 and 7203. I hereby acknowledge that this is a substitute 1099-S Form and I will not receive any other forms regarding the notification to the Internal Revenue Service of this transaction. Gilbert G. Jannelli Date: August 5, 2010 1099 -S Substitute Closers' Choice DISCLOSURE We, the Owners/ Purchasers of that certain real property located at: 1359 Cleveland Street, Clearwater, Florida 33756, Pinellas County, Florida, do hereby disclose the following facts or defects in said property. ITEMS 1 and 4 of the attached Addendum to Contract between parties is incorporated into this disclosure. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially affect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. I ERE Y CER Y that as the buyer(s) I have inspected the above property and accept the same. -wa-acn w 'vu SS The Community R development Agency of The City of Clearwater, Florida WITNESS WITNESS WITNESS State of Florida County of Pinellas filbert G. Jannelli The foregoing instrument was acknowledged before me this 08/05/2010, by( for The Community Redevelopment Agency of the City of Clearwater, Florida, who has produced a drivers license as identification and who did take an oath. Seal / Expiration Date Signature v MIKELL L. ST. GERMAIN Notary pvoLel.n. state of Florida My Cop r,oie, c xx,ires 0x/24/1?_ a:? •,?' Gu:'rtnz:csion No, f:' ')011'y4Fi State of Florida County of Pinellas The foregoing instrument was acknowledged before me this 08/05/2010, by Gilbert G. Jannelli who has produced a drivers license as identification and who did take an oath. -- Seal / Expiration Date 'kin n Votary nrrUc- Stale of Florida ' y MY C, M, 91i. 31011 EX(Ares 09/24/12 `J 0,111rrru-sion No. D0311746 ADDENDUM 7 To that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA (herein, "CRA") dated , 2010 by and between GILBERT G. JANNELLI ("Seller") and the CRA ("Buyer") regarding real property legally described as OVERBROOK, Block 3, Lots 1 through 4, inclusive, according to the map or plat thereof as recorded in Plat Book 8, page 23, Public Records of Pinellas County, Florida, a/k/a "Carpro", 1359 Cleveland Street, Clearwater, Fl. 33755. TO WIT: 1. To the maximum and extent permitted by applicable law, this sale is made and will be made without representation, covenant, or warranty,of any kind (whether express, implied, or, to the maximum extent permitted by applicable law, statutory) by Seller, subject to provisions of paragraphs 6 (Title) and 7 (Title Evidence). As a material part of the consideration of this agreement, Buyer agrees to accept latent and patent defects,. and without representation or warranty, all of which Seller hereby disclaims, except for. Seller's Warranties. Except for Seller's Warranties-as disclosed in Article 19 hereof, no warrant or representation is made by Seller as to (a) fitness for'any particular purpose, (b) merchantability, (c) design, (d) quality, (e) condition, (f) operation or income, (g) compliance with drawings or specifications, (h) absence of defects, (i) absence of hazardous or toxic substances, Q) absence of faults, (k) flooding, or (1) compliance with laws and regulations including, without limitation, those relating to health, safety, and the environment. Buyer acknowledges that Buyer has entered into this agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic use, compliance, and legal condition of the Property and that, except as otherwise provided in this agreement, Buyer is not now relying, and will not later rely, upon any representations and warranties made by Seller or anyone acting or claiming to act, by, through or under or on Seller's behalf concerning the Property. The provisions of this paragraph shall survive indefinitely any Closing or termination of this Agreement and shall not be merged into the closing documents. 2. As a condition integral and precedent to closing the transaction contemplated herein, Seller shall grant the City of Clearwater Temporary Access-Easement as documented in EXHIBIT "A" appended hereto and by this reference made a part hereof, to real property owned by Seller being legally described as OVERBROOK, Block 3, Lots 7 through 14 inclusive, according to the map or plat thereof as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. 3. As a condition integral and precedent to closing the transaction contemplated herein Seller shall cooperate with Buyer and facilitate acquisition and conveyance to the City of Clearwater C:\Documents and Settings\Rod.lrwin\Local Settings\Temporary Internet Files\Content.Outlook\LXS4L9MT\CRA JANNELLI PURCHASE CONTRACT revised 5-26-10 (5).doc Page 8 of 9 Temporary Access Easement as documented in EXHIBIT "B" appended hereto and by this reference made a part hereof, to real property being legally described as OVERBROOK, Block 3, Lots 5 and 6, and Lots 15 through 18 inclusive, according to the map or plat thereof as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. 4. Buyer acknowledges that Buyer is aware of the current environmental condition of the Property to which Buyer shall acquire title upon closing this transaction. ACKNOWLEDGED: SELLER Date: , 2010 G. Jannelli BUYER Date: , 2010 Frank V. Hibbard HAIRMAN Rod Twin EXECUTIVE DIRECTOR C:\Documents and Settings\Rod.lrwin\Local Settings\Temporary Internet Files\Content.Outlook\LXS4L9MT\CRA JANNELLI PURCHASE CONTRACT revised 5-26-10 (5).doc Page 9 of 9 NON-FOREIGN AFFIDAVIT AND CERTIFICATION Re: Sale of real property interest State of Florida County of Pinellas Before me, the undersigned authority, personally appeared Gilbert G. Jannelli Who, after being duly sworn, deposes and says as follows: I. That he/she/they are selling the real property described as: Lots 1, 2,3 and 4, Block 3, OVERBROOK SUBDIVISION , according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. 2. That the affidavit is made for the benefit of The Community Redevelopment Agency of the City of Clearwater, Florida, the Purchaser(s) of said property, in compliance with the Federal Tax Reform Act of 1984, to inform said Purchaser(s) that withholding of tax is not required upon the disposition of affiant(s) of a U.S. Real Property Interest. Affiant(s) understand that the purchaser(s) intends to :rely on this affidavit in connection with the United States Foreign Investment in Real Property Tax Act (94 Stat. 2682 as amended). 3. That affxant(s) taxpayer identification number(s) or social security number(s) is/are as follows: Gilbert G. Jannelli SSN: 2,4 ?;723o,. i/ `7 7 4. That the affiant(s) is/are neither a non-resident alien for purposes of U.S. Taxation nor a foreign subject to the withholding provisions of the above referenced act. 5. That affiant(s) understand that this certification may be disclosed to the internal Revenue Service by purchaser(s) and that any false statements contained herein may be punished by fine, imprisonment or both. 6. That affiant(s) will testify, declare or certify before any tribunal, officer or person, in any case now pending or which hereinafter be instituted, to the trust of the facts herein about set forth. Under penalties of perjury, Uwe declare I/we have examined this certification and to the best of my/our knowledge and belief it is true, correct and complete. Gilbert G. Jannelli State of Florida County of Pinellas The foregoing instrument was sworn and acknowledged before me this 08/05/2010, by: Gilbert G. Jannelli who has produced a drivers license as identification and who did take an oath. Not ignature tlili.kL .tat. 0l Flozida Seal / Expiration Date ti`l'? x??° idiyG+%r*•'?,ir,'? .. 117?4td Prepared By: Mikell L. St. Germain Somers Title Company 1290 Court Street Clearwater, FL 33756 incidental to the issuance of a title insurance policy. File Number: 1006008C OWNER'S AFFIDAVIT (INDIVIDUAL) THIS IS AN AFFIDAVIT MADE UNDER OATH. THE MAKING OF A FALSE STATEMENT WILL SUBJECT THE AFFIANT TO SEVERE CRIMINAL PENALTIES. BEFORE ME, the undersigned authority, personally appeared Affiant, Gilbert G. Jannelli who being by me first duly sworn on oath, disposes and says: 1. Affiant is the owner of the following described property: Lots 1, 2, 3 and 4, Block 3, OVERBROOK SUBDIVISION , according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. 2. Affiant is in exclusive, full, complete and undisputed possession of the above described property and any personal property included therewith; there are no leases, options, claims, unpaid taxes, assessments or interests of any kind held thereon; title has not been transferred; and said property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description, except for real property taxes for the current year, and except as shown in Title Commitment Number 1006008C. 3. There have been no improvements, alterations or repairs to the above described property for which costs thereof remain unpaid. There are no claims for labor, material or services furnished or performed for repairing or improving the same which remain unpaid; there are no mechanics', material men's or laborers' liens against the above described property; and no labor has been performed within the last 90 days which has not been paid in full in regards to said premises or personal property. 4. The personal property, if any, on said property or contained in the buildings thereon, which is to be sold with the property or premises, is free and clear of all liens, encumbrances, claims or demands whatsoever. 5. No judgments or decrees have been entered in any Court of this State or of the United States of America against Affiant which remain unsatisfied or unpaid, as it affects this real property, there exist no funds due to the internal Revenue Service which remain unpaid which may result in a lien against the above described real property; and Affiant is not a nonresident alien for United States Income Tax purposes and Affiant's Federal Income Tax Payer I.D. number (SS#) is as shown below. 6. This Affidavit is made for the purpose of inducing The Community Redevelopment Agency of the City of Clearwater, Florida to purchase the above described property, inducing CHICAGO Title Insurance Company of Florida to authorize Somers Title Company hereinafter "Policy Issuing Agent", to issue Policies of Title Insurance insuring the conveyance to the purchaser. 7. Affiant agrees to indemnify and hold Policy Issuing Agent, SOMERS TITLE COMPANY and CHICAGO TITLE INSURANCE OF FLORIDA harmless of and from all loss, cost, damage and expense of every kind, including attorneys' fees, which Policy Issuing Agent and TICOR TITLE INSURANCE OF FLORIDA shall sustain or become liable for under its policies of title insurance now to be issued on account of or in reliance upon any statements made herein, including but not limited to, any matters that may be recorded between the effective date of the Commitment referenced above and the time of the recording of the instruments described in said Commitment. 8. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements in an instrument of this nature. Affiant affirms he has read the foregoing affidavit and fully understands the facts contained herein. For the purposes of this affidavit, the use of the word "he" is intended and understood to mean all persons executing this affidavit be it "he", "she" or "they", and singular shall include plural, when indicated. Further, Affiants sayeth naught. Gilbert G. Jannelli State of Florida County of Pinellas THE FOREGOING INSTRUMENT was sworn and acknowledged before me on 08/05/2010 by: Gilbert G. Jannelli who has produced a drivers license as identification and who did take an oath. n MIKELL L. ST. CEF'NAVY V igi. ,-"6 NoWly Pllhiic, State of Florida ?I . y5.`9 kqy CciYjmi Sion Ewe. ke s OW24112 Seal / Expiration Date C.t?oii'.,}I'?lO(1 NO. ri}P,Ii7.Si] GAP AFFIDAVIT State of Florida County of Pinellas Before me, the undersigned authority, this 08/05/2010, personally appeared Gilbert G. Jannelli, who after being duly sworn by me under oath depose(s) and say(s) of their own personal knowledge: 1. They are of legal age and have never been known by any other names, except: (If none, state "NONE", if yes, give names and dates known as same) 2. They are the owner(s) of the following property described property described to-wit: Lots 1, 2, 3 and 4, Block 3, OVERBROOK SUBDIVISION , according to the plat thereof, as recorded in Plat Book 8, Page 23 of the Public Records of Pinellas County, Florida. and my/our enjoyment thereof has been peaceable and undisturbed, and my/our title to said property has never been disputed or questioned to my/our knowledge, nor do Uwe know of any facts by reason of which the title to, or possession of said property might be disputed or questioned, or by reason of which any claim to said property might be asserted adversely to me/us. 3. I/We represent and warrant that Uwe have examined the document(s) attached hereto as Exhibit "A", including, but not necessarily limited to, judgements, decrees, bankruptcies, incompetency proceedings, divorces, change of name proceedings, Federal Tax Liens, State Tax Liens and Statements of Claim against persons whose names arethe same as or similar to mine/ours and I am/we are not the person(s) described in such document(s) except: (If none state "NONE"). NONE 4. I/We represent and warrant that there are no unsatisfied or unreleased judgements, decrees, Federal or State Tax Liens -or Statements of Claim of record in the State of Florida, against me/us, as it affects this real property, except: (If none, state "NONE"). 5. UWe represent and warrant that no proceedings in bankruptcy have ever been instituted by, or against, me/us, and Uwe have never made an assignment for the benefit of creditors. 6. UWe represent and warrant that Uwe know of no action or proceeding relating to said property which is now pending in any State or Federal Court in the United States nor do Uwe know of any State or Federal Judgement or any State or Federal Lien of any kind or nature whatsoever which now constitutes a lien or charge upon the property. 7. I/We represent and warrant that Uwe have never been adjudged incompetent. 8. I/We represent and warrant that there are no other person(s), other than the undersigned, now in possession or claiming possession of the property, except: (If none, state "NONE"). 9. 1/We represent and warrant that there are no tenancies, leases or other occupancies oral or written, affecting the property, except: (If none, state "NONE"). 10. I/We represent and warrant that there have been no notices of intentions to claim a lien, Notices to Owner, or" other cautionary notices of any kind filed or served on the undersigned regarding labor or services performed or material furnished to the property in accordance with the Mechanic's Lien Law of the State of Florida, except: (If none, state "NONE"). 11. UWe represent and warrant that there are no unpaid bills or claims for labor or services performed or materials furnished or delivered during the last ninety (90) days for alterations, repair work or new construction on the Property, except: (If none, state "NONE"). 12. I/We represent and warrant that I/we have not conveyed, transferred or encumbered the property between and the date hereof to any persons, firm or corporation except: (if none, state "NONE"). 13. FWe represent and warrant that the property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, including, but not necessarily limited to, mortgage liens, mechanic's, materialman's, laborers or other statutory liens, judgement liens, writs of attachment and Federal or State income tax or intangible property tax liens. >< ert G. Jannelli State of Florida County of Pinellas The foregoing instrument was sworn and acknowledged before me this 08/05/2010, by: Gilbert G. Jannelli who has produced a drivers license as identification and who did take an oath. N IKELL L. ST. GERMAIN Notary Seal / Expiration date rlut?ry r?uUt, SiCtate of Florida itilyCc'9i)liz="Er,;,?ires02/ 4112 ` C 0 I'm, o n siiva- DD01174;