CLEARWATER NEIGHBORHOOD HOUSING SERVICES INC
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, 1995 305
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BANKERS TITLE
1525 S. BELCHER RD.
CLEARWATER, FL 34624
~C223&84 PAL 11-0~-1~95 1S:3~:48
01 DED-CLWTR HEIGHBORHOOD HOUSIHG
RECORDING 1 $10.50
DOC STAMP - DR21~ 3 $64.00
REVENUE 13 $1.50
TOTAL:
CIlEeK AM1.TENDEREIl:
CHANGE:
$%.00
$%.00
$.00
TIllS SPECIAL WAImANTY DEED s COUNTY FLA.
PINELLA 9161 PG 1381
OFF.REC.Bl<
Made this ~(~ day of 6C'l-o ~ A.D. 1995 by the
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CITY OF CLEARWATER, FLORIDA,
a Municipal corporation of the state of Florida
hereinafter called the Grantor, to
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Clearwater Neighborhood Housing Services, Inc.,
a Florida corporation Not-For-profit
whose Post Office address is: 608 North Garden Avenue, Clearwater,
Florida 34615, hereinafter called the Grantee:
(Whmcver used herein lbc Icon ",ranlor" and ",ranla" include aUlbc partiea 10 Ibil inlllumenl and UIC bcirl, legal fCl'CClCOlAliVCI and aaaig"l of individuals,
and lbc IUCCCllOn and a..ianl of corporationl)
witnesseth, that the grantor" for and in consideration 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
Ol~RDINOparcel of real property situate in pinellas County, Florida, viz:
REG / (J S"O
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FBES
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~v I 1-0 Together with all the tenements, hereditaments and appurtenances
__ . thereto belonging or in anywise appertaining.
TOTAL%.RP .., ' .
- .fvJ IN COMPLIANCE WITH SEC. 2. 665, CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, THE PARTIES EXPRESSLY COVENANT AND AGREE AS
FOLLOWS:
Lot 34, Block E, FIRST ADDITION TO SUNSET POINT,
according to the map of plat thereof as recorded
in Plat Book 5, Page 95 of the Public Records of
Pinellas County, Florida.
A. Neither Grantee nor any successor grantee in title or
interest shall use the property described herein for any purpose or
purposes for which ad valorem property tax exemption would be
available.
B. Application by the Grantee, or any successor grantee in
title or interest, to the property appraiser of pinellas County,
Florida, for ad valorem tax exemption shall cause title to the
property described herein to revert to the City of Clearwater
automatically as of the date the application is filed and
regardless of whether the application is ultimately granted or
denied.
c. This restriction and reverter shall run with the land and
reverter hereunder shall be to the city absolutely and not to any
intervening owner of the property.
D. All subsequent deeds or other instrument of conveyance
shall contain this restriction. This restriction and reverter
shall run with the land in perpetuity.
To Have and to Hold, the Same in fee simple forever.
Page 1 of 2
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.',. l-.lELLAS COUNTY FLA.
OFF.R~C.BK 9161 PG 1382
subject to nondelinquent ad valorem taxes and current installments
of special assessments not yet due and payable, to highways,
rights-of-way, mineral reservations, licenses, easements and
restrictions of record generally, zoning ordinances and other
governmental limitations, or others which might be disclosed by an
accurate inspection and architectural survey.
And the said Grantor does specifically warrant the title to said
land and will defend the same against the lawful claim of all
persons claiming by, through or under Grantor except taxes for the
year ~995 and subsequent, and subject to the matters hereinabove
mentioned.
In witness Whereof, the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
CITY OF CLEARWATER, FLORIDA
By:
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Eliz th Mi' Deptula .,.'
city Manager ",""'\""/q"
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RJ.ta Garvey
Mayor-commissione
Attest:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
hiaE.': ~ou~:ea:ll{f, city, cl~rk
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BEFORE ME, the undersigned, personally appeared'Ri'-t:aGarvey/
the Mayor-Commissioner of the city of Clearwater, ."Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and off icial seal thi~' 'jt..,day of ~
1995'0 ~ ~
Notary public ~ CAROLYN L. BRINK
Print/type name: 'C) ~.; COI'AMISSION II CC ~63040
~ ~ DONor:!' THRIl
~Of {\.~ ATLANTIC UONDINO co., 1t1C'l.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the city Manager of the city of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
_ '. thereof to be her free act and deed for the use and purposes herein
set forth; and who iscpersonallYnknown to me.
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'WITNESS my hand and official seal thi~' day of (~
~995. ---
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Noi;ary PublJ.c' '( Po CAROLYN L. BRINK
pr1nt/type name: ....~ 1I.? -' ,'.' C 463040
=i " EXPIRES MAV 22.1999
III ~ IlONOI,O THRIl
'<f~/)f u-f,)~ An ^"mc OONDING CO.IINe.
and legal sUIficiency:
city Attorney
page 2 of 2
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VA · 5. - Conv. Ins. 1
10950303 -
~OTE: This form'ls furnished to give you a statement of actual settlement costs. Amounta paid to and by the settlement agent are shown.
Items marked (P.O. C.) were pald outside the closing; they are shown here for information purposes and are not Included In the totals.
ame and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender
NEIGHOORlIX)D CI'lY OF CLEARWATER, FIDRIDA
SING SERVICES, nlOORPORATED
North Garden Avenue
arwater, FL 34615
P.O. Box 4748
Clearwater, FL 34618-4748
operty Location
H. Settlement Agent
2 Sprirgtime Avenue
arwater, FL 34615
34, SUNSEl' POmr
BANKERS
Place of Settlement
I. Settlement
Date
1525 00. BEIaIER roAD 11/08/95
CLEARWATER. FL. 34624
K. SUMMARY OF SELLER'S TRANSACTION:
400 Gross Amount DUA To SAIIAr
401 Contract sales mice 12 .000.00
402. Personal orooertv
403.
404.
405.
Adlustments for Items Dald by sAIIA" In adyancA
406. Cltvhown taxes to
407 County taxes to
408. Assessments to
409
410.
411.
412.
SUMMARY OF BORROWER'S TRANSACTION:
Gross Amount DUA From BorrowAr
Contract sales mice 12 .000.00
Personal orooertv
Settlement charaes to borrower lline 1400\ 90.00
W. Fred Pettv 291.92
dlustments for Items nald bv seller in advance
Cltvhown taxes to
County taxes to
Assessments to
GROSS AMOUNT DUE FROM BORROWER 12 381. 92
Amounla Paid Bv or In Behalf of Borrower
DeDoslt or earnest money
PrinclDal amount of new loan(sl
ExIstlna loanlsl taken sublect to
420. GROSS AMOUNT DUE TO SELLER
500. Reductions In Amount Due To Seller
501. Excess Deooslt lsee Instructlonsl
502. Settlement charaes to sener nine 1400\
503. Exlstlna Ioan(sl taken sublect to
504. Payoff of first mortaaae loan
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315.00
505. Payoff of second mortaaae loan
506.
507.
508.
509.
Adlustments for Items unnald bv seller
Cltvhown taxes to
County taxes 01/01 to 11/07
Assessments to
AdlustmAnts for IIAms unDald by seller
510. Citvltown taxes to
247.95 511. County taxes 01101 to 11/07 247.95
512. Assessments to
513.
514.
515.
516. .
~~ .
518.
519.
TOTAL PAID BYIFORBORROWER
ICash At Settlement From' or To Borrower
Gross amount due from borrower lIIne 1::0\
Less amounts Dald bv/for borrower mne 220l
247.95
520. TOTAL REDUCllON AMOUNT DUE SELLER
600 Cash At SAttlAmAnl To or From SAIIAr
601. Gross amount due to seRer mne 420\
602 Less reductIon amount due seller nine 520\
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12 381. 92
247.95
12.000.00
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CASH
FRCM BORROWER
12 .133.97 603. CASH
'1D SELLER
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; HAVE CAREFUUY REVIEWED THE HUD-1 SElTlEMENT STATEMENT AND TO THE BEST OF MY KNOWlEDGE AND BEUEF IT IS A TRUE AND ACCURATE STATEMENT
~~ ~t>(CEI:PTS~N URSEMEr:'J~ADE ON MY/OUR ACCOUNT OR BY ME/US IN THIS TRANSACllON. I FURTHER CERllFY THAT I/WE HAVE RECEIVED A COPY
I 1 1 5 STATEMjrnl) "7 .?J' ~
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_ - lluyerfDorrower .. ~ 5eIler
lluyer/llorrower
:)eBer
RESPA. HB 4305.2 - REV. HUD.1 (3/86)
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SELLERS' A!t....WA VIT OF NO LIENS
STATE OF FLORIDA/COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared
E}?:KL &J, i3/J;le....-<€7T, who being by me first duly sworn, on oath,
deposes and says:
1. That the undersigned is the ~I?~ J;;,4n:s;~~/CE4A/.46~ , of
the CITY OF CLEARWATER, FLORIDA, who is the owner of the following
described property, to wit:
Lot 34, Block E, FIRST ADDITION TO SUNSET POINT, according to
the map or plat thereof as recorded in Plat Book 5, Page 95, of
the Public Records of Pinellas County, Florida.
2. That the above described property is free and clear of all liens,
taxes, encumbrances and claims of every kind, nature and description
whatsoever, including any homeowners/condominium association assessments,
except for mortgage or mortgages, if any, described in the deed between
the parties named herein, and except for real estate and personal property
taxes for the year 1995.
3. That within the past ninety (90) days there have been no
improvements, alterations, or repairs to the above described property for
which a valid lien could be filed, nor has there been material or services
furnished to, or labor performed on said property, for which the costs
thereof remain unpaid, and that within the past ninety (90) days there
have been no claims for labor or material furnished for repairing or
improving the same, which remain unpaid.
4. That all utility bills (water, sewer, electric, cable, etc) and
any annual fees for homeowners association dues, if applicable, have been
paid OR will be paid upon receipt of final bills by the seller.
5. That no notice has been received of any public hearing regarding
assessments for improvements (either pending or completed) by any
governmental agency; there are no unpaid taxes or unpaid assessments due
any governmental agency for improvements or otherwise. Sellers represent
that there are no homeowners association fees due, pending or unpaid.
6. That the personal property contained in the buildings on said
property or on the said premises which is being sold to the purchaser(s}
mentioned below, is also free and clear of all liens, encumbrances, claims
and demands whatsoever.
7. That the undersigned, in the operation of said building and
property, complied in all respects with the SALES TAX LAW of the State of
Florida.
8. That there are no present violations on the land of any
enforceable covenants, conditions or restrictions and that there are no
private charges or assessments due and payable to any association or
municipality and no violations of zoning or setback requirements or
municipal ordinances pertaining to the above described property.
9. That this affidavit is made for the purpose of inducing
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED to purchase said
property from the undersigned and for the purpose of inducing BANKERS
TITLE and its underwriter to issue title and/or mortgage insurance in
reliance hereon.
10. That no judgment or decree has been entered in any court of this
state of the united States against the undersigned and which remains
unsatisfied nor does the undersigned have any knowledge of any person in
dispute to, legal actions pending, or alleged claim against title to the
above described property.
11. section 1445 of the Internal Revenue Code provides that a
transferee (buyer) of a U.S. real property interest must withhold tax if
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the transferor (seller) is a foreign person or entity. To inform the
transferee (buyer) that withholding of tax is not required upon
disposition of a u.s. real property interest, Affiant hereby certifies the
following:
(a) The transferor is not a non-resident alien or foreign
corporation, partnership, trust or estate as those terms are
defined in the IRS and regulations for purposes of u.s. Income
Taxation;
(b) The transferor's u.s. taxpayer identification number is:
(c) The transferor's home address or office address is
The undersigned understands that this certification may be disclosed to
the Internal Revenue Service by the transferee or any representation
thereof and that any false statement made could be punished by fine,
imprisonment, or both.
12. The undersigned further deposes that he/she has no knowledge of
any documents being recorded in the Public Records of the aforementioned
county subsequent to the date of said title commitment that affect title
to the property insured and has not entered into any unrecorded contracts
for the sale, disposition or leasing of the property to any party other
than CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED, nor does the
undersigned have knowledge of any unrecorded lien, mortgage, deed or other
conveyances affect title, other than as provided in the commitment issued
by BANKERS TITLE AND ITS UNDERWRITER
13. The undersigned further states that he/she is/are familiar with
the nature of an oath; and with the penalties as provided by the laws of
the State aforesaid for falsely swearing to statements made in an
instrument of this nature. The undersigned further certifies that he/she
has/have read, or has heard the full facts of this affidavit, and
understand its content.
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I HEREBY CERTIFY that on this day be~e me, an9~ice~uly qualified to
take acknowledgements, appeared 27~ tJ. ~ of the CITY
OF CLEARWATER,
iden ification
~ /
FLORIDA, to me personally known, or who has produced
testing to Affiants identity, to wit:
~ . and who executed the foregoing instrument
efore me the execution of the same.
a,
WITNESS my!Jt...d and off iciavseal i the
aforesaid this " day of No eIiiber, 199. ~
My commission expires:
\""'11"1
,~'-l'lfit... JERRIE E. CENT/W
g.(b.\~ WN COMMISSION' 00437618 EXPIRES
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""~*.'''''ri~~ Aprtl25. 1999
'.W-.fl" . IlONDED THAU 11lllY FAIN INSURANCE.INC.
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SELLER(S):
BUYER(S) :
COMPLIANCE AND TAX PRORATION AGREEMENT
CITY OF CLEARWATER, FLORIDA
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED
CLOSING AGENT: BANKERS TITLE / 1525 SO. BELCHER ROAD
CLEARWATER, FL. 34624
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 34, Block E, FIRST ADDITION TO SUNSET POINT, according to the map
or plat thereof as recorded in Plat Book 5, Page 95, of the Public Records
of Pinellas County, Florida.
We, the undersigned parties, hereby acknowledge that the following are
provisions agreed upon regarding the transfer of the above captioned
property:
1. That the terms of the contract between the parties have been
fulfilled; all contingencies set forth have been complied with; or in the
event a dispute has arisen, it has been resolved to the satisfaction of
the parties hereto.
2. That all utility bills, including but not limited to water,
sewer, gas, garbage, and electric, cable are the responsibility of the
parties to this transaction and not adjusted as part of this transaction.
Closing agent assumes no liability for these items.
In addition, any rental or lease agreement, homeowner association fees
and/or condominium assessments, if applicable, are the responsibility of
the parties to this transaction and not the closing agent even if such
matters appear on the closing statement. The parties hereto hold closing
agent harmless with respect to such matters and take responsibility for
disclosure of said fees.
3. That each party will promptly, at the request of Closing Agent,
fully cooperate, adjust, initial, correct, re-execute and redeliver any
and all closing documents if deemed necessary by the Lender or Closing
Agent to consummate this matter.
4. Proration of taxes is based upon the most current informatio~
available.
XX Taxes for 1994 adjusted by a four percent (4%) discount ~~_J~
allowed for the prepayment thereof and assuming the same ~I'
exemptions to be allowable for the current yea~ / i::> 1;/ t:t> /9..s-
(November, 1994 - $2~1). /99S- '7/CJYc--:s:. vw'i _/1 -,- /99..5-
?~ ~t J<,.q r / ,,) .0 j}' ,;J 17c- Tv)q-- L y" /Yl DUN .
That it is understood by the parties hereto with respect to the above tax
proration that:
xx When current years' tax bills are received the parties,
upon demand by either of them, will make such further
adjustments as might be indicated when the actual tax bill is
received directly between the parties and not through closing
agent. Bankers Title assumes no liability for differences, if
any, when the actual tax bill is available.
Homestead is not warranted for the year of closing. It is further agreed
that any tangible and/or personal property taxes that are now or may be
later levied or any assessments for street lighting and/or other
assessments that is not included in this transaction shall be settled
between the parties and the parties hereto hold Bankers Title harmless
therefrom.
FURTHERMORE, the parties acknowledge that they have been informed
that a tangible personal property tax bill will be rendered in Bovember
and understand it is the responsibility of seller to forward said bill to
buyer for payment thereof. Should the parties fail to perform
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accordingly, they shall be responsible for any delinquencies occurring
therefrom and Bankers Title shall be held harmless therefrom.
5. The undersigned understand and acknowledge that they are aware
that this transaction is being closed by a non-lawyer personnel and
acknowledge they have not been given legal advice and
further acknowledge receipt of the closing statement and that should they
have had any questions pertaining thereto, same were responded to by
closing agent.
6. The undersigned agree and covenant to assure that this
transaction and related documentation will conform to the agreement of the
parties and/or Lender's requirements. closing Agent .is relying upon,this
Agreement and the covenants herein in closing this transaction. Closing
Agent shall have the right to bring suit in its own name to enforce the
obligations incurred by the parties in connection with the Agreement and
in the event any suit is brought in connection with the Agreement, the
prevailing party shall be entitled to recover all costs and expenses
including a reasonable attorney's fee.
7. (IF APPLICABLE) Seller acknowledge(s) that the pay-off
statement(s) received by the closing agent from current mortgagees may be
subject to said mortgagee's final audit after receipt of pay-off funds
resulting in a demand by said Mortgagee for additional funds and Seller
upon request agree(s) to forward said funds immediately upon notification
by the closing agent. In the event Seller fail(s) to cooperate with
Closing Agent, Seller assume(s) all liability for additional interest
incurred, costs and expenses relating thereto as a result of said actions.
SELLER( S) :
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BUYER(S):
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED
JOHNSON,
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BUYERS/BORROWERS AFFIDAVIT OF NO LIENS
STATE OF FLORIDA/ COUNTY OF PINELLAS
BEFORE ME, a duly commissioned Notary Public within and for the State and
County aforesaid, personally appeared W. PEARL JOHNSON, who, after being
duly sworn as required by law, deposes and says:
1. That the undersigned she is the President of CLEARWATER
NEIGHBORHOOD HOUSING SERVICES, INCORPORATED, a Florida corporation, who
is the owner/purchaser of the following described lot, parcel, or tract
of land, situate, lying and being in the County of Pinellas, State of
Florida more particularly described as follows:
Lot 34, Block E, FIRST ADDITION TO SUNSET POINT, according to
the map or plat thereof as recorded in Plat Book 5, Page 95, of
the Public Records of Pinellas County, Florida.
2. The undersigned further states that neither the undersigned nor
an agent of the undersigned has filed a NOTICE OF COMMENCEMENT of
improvement as provided by section 713.13 Florida Statutes, nor has the
undersigned or an authorized agent of the undersigned caused a Notice of
Commencement of improvement to be posted on the site of the improvement,
and has not received any NOTICE TO OWNER concerning the furnishing of any
services or materials to the improvement, as provided by section 713.06
Florida Statutes.
3. That there is no outstanding contract for the sale of the above
described property within the past ninety days, and that there are no
outstanding and unpaid bills for labor, materials or supplies for which
a lien or liens might be claimed by any party or parties whomsoever,
against the hereinbefore described property.
4. The undersigned state that no party holds a ;udqement against the
undersigned in this state in any manner whatsoever.
5. The undersigned further deposes and says that this affidavit is
made for the express purpose of inducing
to make a mortgage loan upon the above-described property and to induce
BANKERS TITLE AND ITS UNDERWRITER to issue title insurance in reliance
thereon, and that this affidavit is made under the full knowledge of the
law regarding the nature of an oath; and with the penalties as provided
by the laws of the State aforesaid for falsely swearing to statements made
in an instrument of this nature. The undersigned further state that the
undersigned understands the nature and context of this Affidavit.
M~~~
The foregoing instrument was acknowledged before me this 8th day of
November, 1995 by W. PEARL JOHNSON, as President of CLEARWATER
NEIGHBORHOOD HOUSING SERVICES, IN ORPORATED who has produced the
following
identification:
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"'~I"'Y ~~ JERRIE E. CENTlW
~i ;' _ p.s( COMMISSION' CC437618 EXPIRES
~. . , : ; Apr1l 25, 1999
'~P.r.l~~' IlONIlED TIRl TROY FAIN 1NSmANCE, INC.
My commission expires:
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BUYERS ACCEPTANCE OF PROPERTY
AND AUTHORIZATION TO CLOSING AGENT
The undersigned, as purchasers of the property described as:
Lot 34, Block E, FIRST ADDITION TO SUNSET POINT, according to
the map or plat thereof as recorded in Plat Book 5, Page 95, of
the Public Records of Pinellas County, Florida.
certify, acknowledge and direct Bankers Title, as follows:
1. The above described premises and all amenities contained therein
and attached thereto have been examined to the satisfaction
of the undersigned Buyer(s) and, therefore, the undersigned accepts same.
2. At the time of inspection of the property, the personal property,
if any, described in the Contract are at the above described property in
the condition agreed upon and is accepted by the undersigned.
3. The undersigned have read and understand the closing documents
and any questions relating to the same have been explained to the
satisfaction of the undersigned.
4. The undersigned have reviewed the survey, termite report, home
inspection report and/ or any other reports, if applicable, issued in
conjunction with this transaction and hereby accepts said reports.
5. The undersigned have recei ved an owners' ti tIe insurance
commi tment for the subj ect property along wi th a copy of the Deed
Restrictions, if any, relating to the above property.
6. Buyer is hereby notified to file for homestead exemption if the
property purchased is to be a primary residence. Failure to do so will
resul t in higher property taxes and an increase in monthly mortgage
payments if taxes are being escrowed by mortgage lender.
Being fully satisfied in all respects with the conclusion of all matters
relating to the purchase of the above described property, the undersigned
hereby directs Closing Agent to accept the closing proceeds from the
undersigned Buyers and to consummate the transaction and disburse all
funds in accordance with the Settlement Statement executed by the parties,
said Settlement Statement being a true and accurate recitation of the
within transaction. The undersigned releases the closing agent for
compliance with these instructions.
Executed this
8th day of November,
Lf/
A R /;XZc~~
1995.
~
CLEARWATER NEIGHBORHOOD
HOUSI SERVICES, INCORPORATED