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DR. IRWIN ENTEL, DR. DAVID WOLSTEIN AND DR. BARRY WEISS .~ ;G-'<' t~~ ';'"-y' f'cll<,j i.: '~., iJ ~.." C f....E:~~r-< VI A "'r t.lf.i .'/ CORRECTIVE DEED OF CONVEYANCE STATE OF FLORIDA } COu~~ OF p~ . """ INDENTUllE, ",d, l!" _1~ ~_ d'1 ,f -~ _, A. D. 19K,s::: b,tw,.. th, CITY OF CLEARWATER. FLORIDA, a~~cipal cOrp<)ratlon. PartY. o/~~ first (lart. and __12~. I~~l~_L.~l',j'l'EI':LJ2~:_.!2~'!!12_g_~_ WOLS'I'EIN and DR. ~YR. ~VEISS, not lndlvldually, as Trusti7; C ty f . Pinellas UITderl=h.~ EJ::i;iIrQT~ -PYofi1:-'ShartIT~an i.illd-Trn~t(Tcrtecr--occ 01 , ~ 'j'1'!J, 0 ------_________~__ l".LOn_da . . les and Sbteof .' . . . , part__ of the second part, WITN.E'.S5ETH, That tb.~ party of the first part. for and in <;onsideradon of the sum of _ _ Ong____..:_Dollars and oL'1er good and valuable consideration to it in lund ;>aid by sald ParL_~~-,_ of the second part, at or before the ensealingand delivery of these presents, the receipt wcereof is berebyacknowledged. has granted, bargaiiled, sold. conveyed and confirmed untQ the sajd p~ of the second part, and to - their -----be!z's and a.ssigns forever, all the following piece, ;>ar::e1, lot or tract of land, situate, .lying and being in the County of Pinellas and State of Florida. and described as follows, to-wit: The East 121.45 feet or the west 450.75 feet of Lot. 2, CLEhRWATER INDUSTRIAL PARK REPLAT, accordLD.g to the map or plat thereof as recorded in Plat Book 71, page 91 of the Public R ecorO.s of Pinellas County, Florida. Subject to easement..s and restrictions of record, a..l1d in particular that restriction granting to Grcilltor em option to purchase whfWe construct-ion has not tc1.ken ril<:'1ce and an election tD seJl has ~en made and a furthEr opion to repuccha:;e \.JJeE constructinn:has toJ<en place anda.n election has been made to sen any remaiJing unimproved portion ,of the tra.ct. / ?-ad 70GE'tB,~'.:R WITH all and si.::.~~larthe tenements. bereditaments and appurtenances thereunto !JeJonging or '"'''~7r::.~1:lt, title orinterert. !~al or e-quitable, of the said paIt7 of the IlI'St part of, in and to the same. TOR..U"E A,:,;'1) TO EOLD the. s.;;me unto the said pa..r.~ks ___ ot the second part, _ theirbeL'"S and assigns, to prnper use. cenent a1]db",.b.oof !ore,<er. ap p~l"~.::.i1:.:.:l. g; o~ their Dr YVIT"~SW1i:2:REOF,~!:le said party of the fi.--st part has caused these presents to beexecured in its naule by its Chy :'.:lanager. City C:erk, co.unt~""'sig:ne<iby its ~Iayor"=ca:nn:lissicner, and approve:d as to :or:n .,:ad ~or:e.:tnes~. by its City A ttorney, and itsco.-?6rate se?J to be bereu;:to a;-=achM., the day and ~'-ear fLrst ~bove ..7itt.:n. COM'.Ji~ :Iv; .-_-~{itd!1~~~,.___.__:dx2___,,__~__,__~__~,.__ :'L;.ior-Cc=i.ssioner f / / !/ SiiPe:d. seale<i,?d dellvere:d III ;>l"esence of: '.~~~-jfhc2~9tTi)~'ct--~J -____ -,idCZ(r--(j-,-__L~~~__,_______________ CiTYlJ?:'2.-\..;/~f; ~2, F!..)[f"~~~ ~~ e:.' l I ------, j I ^--_ ,f - --'--""-J! --";'/' 1 // ~ r, -- By: 'i, / / :..."".... , ' /L./.....,_. ,V,-",....\' / ~{;-~r-(!;G--~~~g;;-'=--F--i_~------------ A :-:est: (l)~,.!-_i S':.-t-_:-_ l,~ ~~-_ ~ ~~;~_____________ Cty Cerie Approved as to for~ a.cd. cOr7.ect:i::ess: # /:;~ .-,/ ..,::" ~'".. -~._-~~-~--------_:{/' ~-:- ----~;f.--_____h___________h__ "_ _'._ / City At"!or=ey s~t~\T!:: I)F FLCRu")A } co\.~y OF :!::-I2,:.....;,5 "',u,~ ".,K:;~;,)~,~'y.y;,~~,;,~:~;~{,;~S~}\:J:;,iJ;;;~~~;~Ur~~0i0,~:""'~;Ki~.~~f~~:.tf"~"l&;'.~"',": ;1:;";;",,;/ o;IBi:gi;tIA~~:~~Z;JJ' ~%)~~~~',;~~~;;,~~~ ~~:'i~!' :1~~9?;I~'\~i7~~j~~i:;;J:{~~1;;,j;3i;:~: conveY:l!l2J; :~YiiSfees------ -- --------------7---~----~------- -------~---~----~--'--:-----,-------~----------- -----~----~---~-~--.~~--:..-------:--~ and seve-r-211y ac:~cwled~ed !.be ~~eC'.1tJ.on t..here-<:H to 'be :Zieir ~ree act a,::d ::'r;:~~ 2S s~c.!:1 f)-i-;"2'ce~ '~3ey~,!J-:!to. d~.:!J 3:~.lt~or:i~~; a.r:d 't1:~t' ~-=e of.11ci31 seal of said ='..1nici~al co{?or-:1t.:on :5 duly a.:.:.-:....i:ed ~~e!'e'~o, ~d :.:.'~ -s2...id CQi:\-ey. .::"~ce ~ t~e ~c~ ,~..::d (~\:-~:d at" :'::::a. C~:-;Gl".::u.on.. '::'C_~)".'e 7~l-:::':2!l.. -;Y-~;.":'-j't::5'S :::..-y 5ig:;.~,t:::-e ;?~~'(~ oi.f.lc:r..l s(:.:d ;;t C~.:.;j,.~.....a,~t?r 1-'1 ,t..te C,JUflty of ?i~eL~as .:_-:d State ..,i ::or:~3, :l1e G..l); ?.:"::d ::F..>-:1: ~'.~:St <CC " ~ ..~ .,-----iP,~~,r;L_,e~~f~..m. u.,.,. ~~t~:.t.lbliC St.He oi ?'!"r'C.1 a: ,,'.I;e , c,Iy C.:>o::::.i.ssion :::'::;:>i:es: ~, ~:.... .~. r - - . _.\ _ ~>\ C"'::,:.~'~:, ,:>'::,<;:, ~:~:;: !, u ....Ck................~............:.}.-...':.."...,.i ~:,rl( :-) (Same "'coverage 'as Am rican Land Title Association Owner's Policy - Form A 970 - Amended 10-17-70) GUARANTEE OF TITLE (OWNER) Attomeys'ntle Insurance Fund ORLANDO, FLORIDA OPINION ON TITLE The Attorney, who signed Schedule A and who is a member of ATTORNEYS' TITLE INSURANCE 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. GUARANTEE OF TITLE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE INSURANCE FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this guarantee to be signed and sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become binding when countersigned by a member of The Fund. Attorneys' Title Insurance Fund By&d8.~ Paul B. Comstock President and Executive Secretary SERIAL OG- 1022756 FUND FORM OG (12/83 DSI 25M) I FUND OWNER'S FORM I SCHEDULE A Policy or Guarantee No. :OG1022756 Effective Date: November 16, 1984 2:39 p.m. M~mber's File Reference: Amount of Insurance: $ 940,000.00 I. Name of Insured: CITY OF CLEARWATER 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 5879 ,Page 1037 , of the Public Records of Pinellas County, Florida. 3. The land referred to in this policy or guarantee is described as follows: SEE CONTINUATION SHEET ISSUED BY JOE R. WOLFE, CHARTERED 4145 (Attorney or Firm of Attorneys) MEMBER NO. 16 North Fort Harrison Avenue (Mailing Address) Clearwater (City) Florida, 33515 (Zip) FUND Form OG/OP/OPM-SCH, A (Rev. 1/77) (11/82 DSI15M) :J FUND OWNER'S FORM I SCHEDULE B Policy or Guarantee No.: OG1022756 This policy or guarantee does not insure against loss Of damage by reason of the following exceptions: from November 16 1984 " Taxes for the year il[.1.hf.....l:.tJl:..U~.c....d.;u.e...L.lLili.is.~.u.l'qL.LlL.;gJ.lar~llu:f:. and taxes or spcCial asscssments wJuch are not shown as existing liens by the pu blic records, (f (l...k.1 Rights or claims of parties in possession not shown by the public records, 1. 2. 3. ~i:Li+le.~,....L.l~1apii., hmln d~ J:Y-Ui+e-..dispJ.lt.es.,....wL ..a.tl~....o.the.i-ma.1..teLS....lo\I.b.ll;h_~au.ld.l1.e.-d.isclosed~_au...aCQlla1f:....s.uL'<l:~ "~Tl:d-i1'l~'6f41te-~~'56!i,..- ~ p.."to Easements or claims of easements not shown by the public records. 4. 5 . ~-tiett;--er-f~-te-a--Li.;H+r,f:Q.r_~.\Q~.,..~_..~~~-1~l.+~e.~-I+c..i;e.a.rt.eJ;...Jiu.n.i:i.h.c~,.....iJll~d~~..alld..JlllL sfi"wtt4ly-Hle-f*tbli€-r-eeer-85-:-- r p....iu 6. Subj ect to a spur right of way contained in a lease between the Campbell Paving Company and the Seaboard Coastline Railroad and Dee Wood Industries, Inc. (now Robert R. D'Andrea) dated June 1, 1973, being numbered by the railroad as No. 14968. 7. The south 30 feet of the north 195 feet of the SW 1/4 of the SE 1/4 as described herein are subject to a lease dated January 27, 1984, with Robert R. D'Andrea which at paragraphs 37 and 38 provide for a joint use and also provides for the right to use a strip 30 feet wide lying south and along the whole length of the said 195 feet for ingress and egress, and the grantor reserves to itself, its successors and assigns, a 30 foot wide non-exclusive easement over the south 30 feet of the 195 feet above described for ingress and egress. 8. The grantor of the deed conveyed to the grantee thereof a non-exclusive easement for ingress and egress over a strip of land 30 feet wide lying immediately south of the 195 feet above described across the entire length. FUND Form OG/OP/OPM-SCH. B (Rev. 1/77) (11/82 DSI 10M) I' . i;" "i ~ '~ . 1 FUND CONTINUA TlON SHEET I (SCHEDULE CONTINUED) Commitment. Policy or GUlrantft No.: OGI022756 TH:'T ?ART OF S(crlC1~~S 1 AN!' 12, lO\o.'NSHlr 29 ~(;UTH, RMH;~ IS fAST, PINELLAS COUNTY, FLO~IDA DESCRIBeD AS FOLLO~S: aEGJNNING AT THe SOUTH~~Sl CO~NrR or THE SOUTHEAST 1/4 OF S(CTJO:~ 1, TO\..'NSHIP 29 50UTH, r.Ai~C.( I~ E.-.SoT ;"1.0 RUN THCNCE S29c21'17"E 50.00 FEET TO THe POINT OF BEGIN'.JING,'; TH~NCE NOolG"30"~ 19~.OO FEET ALONG THE EASTERLY R1G~T-OF-WAY or HE~CULE~ AVENUE; THENCE S89021"0CO( 225.(,0 FEt::T; 'THENCE NO~16'30"E 100.00 FEET; THENC~ 5890'21'00"( 90.00 FEET ALONG THE 50LITH LINl OF HIE ClEA~~AiER INDUSTRIAl PAR.~, ACCORDING TO TH( t'L.t.T 'T!lfRlO~ AS Rf:CO;:\'ED It~ PLAT BOOr. ~4, PAGE 4t, OF THE ruaLIC RECORDS or PlN(LlA~ COU~~Y, FLORIDA; .it;=NC~ 5001&'30"E I.j(,O.OO FEET; 'Tl"i(NC.( SSlit.]!'17"E 39~.&.;2 FEE.T ALO:H. A lINE 35 FEET NORTH OF ~ND PA~ALLEL TO THE SOUTH BOUNDARY OF ~AIO SECTION 1, TO A POINT 8 F(El ~AST OF TH~ CENTr~L7N[ OF A RA]iQO~D SP~';': TR':'CK; 111~~:CE. Nf,oJi'OS"[ AlOtJG A CU\.;VL TO jH~ lEfT ti:"Vl'~l', ;., R;"~IUS OF 4B8,bS FErr, ~~C or 102.32 FEET, CHOKD OF 161.5; FEEl, ALor:G A LINe S FeET EAST OF THE CENTERLlNf or l:iE ArORLS~:O RAIL- RUA~ SPUR TR/.C,t; lHENc.r 589021'17"[ 520.9(, H.ET'ALONG A LINE lCJ5.00 F!:ET IW~TH or lHE' SOUTH BOU:~DARY OF St.1D 5ECTIOt~ 1; THEt.CE Suo09'32"E 1~5.00 f[[i ALONG THE EAST ~IGt1T-cr-"'A" OF SUtJSHINE DRIVE AS SHOW~ ON 1M: AFORE~ENTIONED PLAT OF l~E CLEARWATER INDUSTRIAL PARK; THENCE N89021'17"~: SS~,bO Ffll t.LOI";C; THE 50UT~ 5(;UI~DARY OF SAID SECTIor: I, ALS('\ ~tING Tt1( f,j()RTI-l Bo~mO;..;n OF SAID SECT IN: 12, TO A POINT E.OO FEE'T EAST OF iHE C(t~TE;\L1NL OF SAID ~AIL;:-\'.I.~ SPUR TRAC~; Tttr-:Cr 5;1026'50"\.' t.lO:~(.;' CURvf 'YO THERJGHT HAVING A RADIUS OF ~aE.l, rLEi.. ARC OF 1.092.97 F((1 {HORD OF 472.34 FEET ALONG A LIN[ R.Oa frrT r^~' OF THE CE~lE~LINE OF THE AFORE- SAID RAIL..(.AtJ "p.:;" T~M'.. ':0 T..r r':0~lH RIGH1-0F-WAY OF TI'iE S.t.l. RA.IlRO.t.~; T~! r~~[ :.7205';' IS" w 34';.24 FEET ALONe. THE NORil'ifitLY Rl(,HT- Of-..AY C~ Ti1E A;:r.~lSA1:> !'.C.L, RAlL~Ot.:.; TO THE EAST KIGH'T-Of-\o.'AY OF HfRCVLE:.S ;"V~NUE; THENCE NOo18'4~"L 201.04'r((T ALO~~G THE CAST RIC;Hl-OF-'l'l'AY aF HERCULES AVEr.iJE: TO Tt1f POINT or arc.IN~lNG. '\ . 1 FUND CONTINUATION SHEET , (SCHEDULE CONTINUED) Commitment. Policy or GUlrant" No.: OG1022756 t. <~ .. ~ ~ '~ ~ THAT PART OF SE:CTIr.~:S 1 A.N~ 12, lO\o.'NSHlr 29 ~CUTH~ R/.r~GE IS [AST. PINELLAS COUNTY~ FLO~IDA DESCRIBtD AS fOLLO~S: aEGTNNI~G AT THe SOUTHWEST CO~NrR OF THE SOU1H~AST l/~ OF S[CTlO:: l~ iOi-!NSHIP 29 SOUTH, ~:.:~"r 1~ E:,ST ;.t~O RUN THENCE S29~21'17"E SO.OO FEEl TO THe POJNT OF BEGINrHNG; iH!:NCE NOoIG'30..... 39~,OD FEET ALONG T~f EASTERLY RIGHT-Of-WAY OF HE~CULE~ AVENUE; THENCE S8902]'OCO( 225.(,0 FE[T; THENCE NOcIG'30"E 100.00 fEET; THtNCE. 5890'11'00"( 90.00 FEET ALON(, THE SOL'TH llNl OF HfE CLE;.~..AiER INDUSTRIAL PARK, ACC.ORDIN(, '0 TH( J"L.&.T 'T~ifP.LOf AS R~CO;;::>(D Jt~ PLAT BOOr. ~~, P~GC ~t, OF TH( PuBLIC RtCOK~S or J")N(LLA5 CC~~lY, FLOP.IDA; "Hi[N'.:!: S001&'30"E ltC,O.Oo FEET; lri(t.lC( sa9t.21'17"E 39~.it2 ff(.T AlO~~C. A LINE 35 FEET NORTH OF AND PA~ALlEL TO THE SOUTH aOUND~RY OF SAID SECTION 1, TO A POINT 8 fCEl EAST OF TH~ CENTERlJNE OF A ~A]L~O~D SP~';': 'TRACK;'iiE~:C( Neo 3i I 08"( ALOtJG t. CUI.:'VL TO iH[ LEFT ti:'.VPl'. ;. Rt.~IUS OF ~68.bS FErT, A~C or lb2.32 FEET, CHO~D OF 1Ll.S: FeEl, ALorJG A LINt. 8 FE.ET E-"5T OF THE CENTERLlNf or 1!1( ArORLSA:O RAll- R(JA:> SPUR TRf.c.~; THENce 589"21'17"[ S70.9E, F~ET'ALorlG A LINE 1~S.OO F~ET rWRTH or THE' SOUTH BOU:m.&.~y OF SAID SECTJOr~ 1; THEf.CE SOo09'32"E. 1<;45,00 ,.rri ~LONG THE EASl ~IGt1T-cr-""A'f Of SlJrJSHINE DRIVE AS SHOW~ ON THE AFOREMENTIONED PLAT OF lME CLft.RW~TER H~DUSTIUAL rARKi THENCE N89021'17""! SS~.bO fELT ~LOI";G THE SOUTt-! 6CiUI.:OARY Of SAID SECTIOr: ), ALSll Rt'ING THe t.I()RH1 BOU~JD;"RY OF SAID S['TJO!'~ 12, TO A POINT E.OO FEEl CA.S'T OF THE C.(t~Tf.j:\LINt OF SAID ~AIL;:-\'.f,~ SPUR TRACK; THr'JeE S;1026'~O"\oO AlO:.(. :.. cu~Vf 10 THE RIGHi HA.VING A RAClIUS OF "'BE.lS rU:T" ARC OF ~92.97 fr.fT Cl10RO OF "'72.3~ FEET ALONG A LJNf 8.DO ferT r^~' OF THE CE~iE~LINE OF TME AFORE- SAID R:..I;.i.(.AfJ -.~'U~' T;./or.. ~O T"I' f':0;:TH RIGH,-or-WAY OF THE S.C.L. R~llJ.:OA:; T~! r..:..r :.72~5~' I~" w 34~.24 FEET ALONe. THE NORTHERLY RJGHT- or-~AY Of ~rlE AF~~LSAIO ~.C.L. RAJL~O~~ TO THE EAST RIGHT-Of-WAY OF HfRCULES ;"V~NUE; THENC( NOO)~'~'4"t 201.04'fEET t.LO~~C. THE E.AST RIGH1-OF-~AY C1F HERCULES AVEI~iJ~ TO luf PorNT or arGINNING. , CD J FUND CONTINUA TJON SHEET I (SCHEDULE CONTINUED) Commitment. Policy tw Guarantee No.: OGI022756 I' . ,:,Ie i '1 :;; '~ ~ TH.c..T PART OF S(CTIr.~;S 1 Ar~I' 12, TO\o.'NSHlr 29 ~CUTH~ ~M"GE IS fAST. rlNELLAS COUNTY, FLO~IOA DESCRIBCD AS fOLLO~S: aEG'N~INC AT THe 50UTHW~ST CO~NrR OF THE SOU1HCAST 1/~ OF SEeTIO:; 1, TO\.!NSHlr 29 S.OUTH, F:/.r':GE 1~ Et.S" ;..rm RUN THENCE 5B9('21'17"E 50.00 FEEl 10 THe PO:NT OF BEGINrHNC.'; "H~NCENao1613Q"~ 39).00 FEET ALONG n"lE EASTERLY ~JGt-!T-OF-WAY OF HERCULES AVEf'lU~; THENCE S8902) 'OOO( 225.00 FELT; THENCE NOcl5' ~O"E 100.00 fEET; lHE-NeE. 589021'00"E 90.00 FEET ALONe. 1HE SOUTH LINl OF Hit CLEARIoOAiER JNOUsnUAl PARK, ACCORDINC. 'TO TH[ PL.c..T 7!ifP.LOf AS RECO;:\:>EO If~ PLAT BOOr. ~~, PAGe ~t, OF THC PUBLIC RECO~DS or PIN(LLA~ COU~iY, FLO~JOA; .iti[Nr~ 5001&'30"E 4C10.00 FEET; 1,;(NC( SS9C,2l'17"E 39~.&"2 fEE.T AlO:"" A lINE 35 FEET NORTH OF ~ND PA~ALLfl TO THE SOUTrl BOUNO~RY OF SAID SECTJOr.; 1, TO A POINT 8 F(ET E.AST OF TH~ CEPHLRl1'''( OF A ~~H.~O"D SP~';': l~ACK; lti:PJCE. P.jf,c3i'08"( ALO'''G ~ CU~y( TO jH~ LEFT t;~~V:W. ;.. RA~IUS OF 4&8.&5 FErT, A~C or 1&2.32 FEET, C~O~O OF Ibl.S: FEEl, ALOfJG A LlN[ 8 FEET EAST OF THE CENTERLlNf or 1:1E AtORLSA;D RAIL- RUA:) SPUR TRf.CI.; lHENCr S89011tlJ"( 520.9(. F!:.ET'AlOfJG A LINE lC;?5.00 F~ET 'W~TH or THr SOUHi BPu:mAKY OF SAIDSECTJor~ 1; THEt.CE SQo09'32"E 1~~.OO frfi .c..lONG THE fAST RIGt1i-cr-w.c..v OF ~U"'SHINE ORI\f~ AS SHOw~~ ON 1M:;' AFOREP',Er.iTJONEC PLA'7 OF Il"iC CLf:'~wAlER H~DUSTRIAL rARKi THENCE N89021t17".,.. ~S~.bJl ffLT I.LOt.G THE SOUTt'! 8(;U'~DARY OF SAID 5ECTIorJ 1, ALSO ~HJt':G TH( N('\RTH BOUi~D;"RY OF SAID SECTJON 12, TO A POJNT E.OO FEEl CAST OF THE ((t~Tf.~llNt OF SAID RAll;:\'.I.~ SPUR H~AC~; THr'JCE 5;1026'50"\0\ AlOi,j(. A CU"''o'r TO THE RIGHT HAVING A RADIUS OF 4BE.ts n.ET,. APC OF ~2-<-97 f([T (HORO OF 472.3'" FEET ALONG A lJNf 8.00 FerT rA~' OF THE CE~TE~LINE OF THE AFORE- SAID RA1U'l'.AtJ ~~'..:;.' T~~r.. ~O l,.f r':01::1H RIGH1-OF-WAY OF THE S.C.L. R~l LROA:; T~! r.,;~[ :.7~:)5..' 15" w ~44: '4 FE~T ALONe. THE NORTHf.KLY RJGHT- or-~AY Cf ~rlE AFCRlSAIO ~.C.L. RAILPOA~ TO THE EAST RIGHT-OF-WAY OF HfRCVLtS AV~NUE; THENce Ncon"&.~"t 20t.04'r(ET AlO~~C. THE (AST RIGH1-OF-\o,'AY CF HERCULES AVEI,j\J( TO THf porNTor orc.IN~ING. , " 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 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 ,In 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)n 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 apprppriate action under the terms of this guarantee, whe~her 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 CONDITIONS AND STIPULATIONS discretion, to appeallrom any adverse j:dgment 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 herrof whicheis a lien on the estate or interest covered by this 1. Definition of Terms 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 an~ act of such insured claimant, such act shall not void tms 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. ~ndorsementto this guarantee can be made except by w~itingendorsed hereon or attached hereto signed by either the President, a Vice Prell1dent, or member of The 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. About your policy. . . This policy prOVides valuable title protection. You should keep it in a safe place where it will be readily available for future reference. There is no recurring premium. Your policy is underwritten by Attorneys' Title Insurance Fund, the nation's first bar-related™ title insurer. Founded in 1947 as a bllsiness trust under the insurance laws of the State of Florida, The Fund exists so that member attorneys can provide real estate consumers with the extended protectio'n of title insurance in addition to their other legal services. d 0 f ..., o:!! :110 0 r~ t""Cl ~ c;") >0>- 2Io-l ,-.. ~ tJW 0 0 ~ ON P ~ ::tl . ~ ~~ ~ ~ ~ "'t. "r1 m <: t""O t"' t1'j o~ 0 ~ ~ :11m >:t '-' - - trl tJtI.l 0 >0;1 > ~" m m o-l l