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JAMES HUDSON JR RETURN TO: Stewart Title of Clearwater 1290 Court Street Clearwater, FI. 33756 File No. 01090068 THIS SPECIAL WARRANTY DEED Made this 4th day of October , 2001 by the City of Clearwater, Florida, a Florida municipal corporation, hereinafter called the "Grantorlf, to the James W. Hudson, Jr., a single man, whose mailing address is . P.O. Box 20554, Tampa, FL 33622 : hereinarter called the "Grantee", (Whenever used herein the term "Grantor" and "Grantee" include all of the parties to this agreement and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) 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 for right-of-way purposes, that certain parcel of real property situate in Pinellas County, Florida, vis: Lot 11, ENGHURST ADDITION TO CLEARWATER, according to the map or plat thereof as recorded in Plat Book 1, Page 23, Public Records of Pinellas County, Florida. Cf..-'2 9 -/~- 25Cf:20 7/00 -() /10 To have and to hold forever, together with all the tenements, hereditaments and appurtenances thereto belong or in anywise appertaining; And the said Grantor does specifically warrant the title to said real property and will defend the same against the lawful claim of all persons claiming by, through or under the Grantor. 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. Page 1 of 2 ,~' Signature page: Spec. Warr. Deed Grantor: City of Clearwater, Florida Grantee: James W. Hudson, Jr. RE: Lot 11, ENGHURST ADD. TO CLW. Countersigned: CITY OF CLEARWATER, FLORIDA 8Y:~ArV~"3T IIIiam B. Horne, II, City Manager Attest: STATE OF FLORIDA ) ) ss COUNTY OF PINELLAS ) nthia. E~ 'Gol,Jpeau,<;:ity Clerk , {: 'i i' r'; I ~" 1 BEFORE ME, the undersigned authority, personally appeared Brian J. Aungst, Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is person~known to me. WI~ESS my hand and official seal this c.; day of October, 200l. ~k-~~.~ Notary Public - Stat of Flonda Print/type name (seal) STATE OF FLORIDA ) ) ss ) NOT Any PUBLIC - ST AlE OF FLORIDA CAROLYN L BRINK COMMISSION" CC834678 EXPIRES 5/2212003 BONDED THRU ASA 1-BBB-NOTARY1 COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared William B. Horne, II, City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. ~-- ~~ Notary Public -- State o~lorida (seal) Print/type name NOTA.-W PUDl.IC - STATE OF FLORIOA CAROLYN L BRINK COMMISSION" CC834678 EXPIRES 5/2212003 , BONDED THRU ASA I-B88-NOTARY1 I,: ,. Professional Termite and Pest Control, Inc. 1020 49th St. S. St. Petersburg. FL 33707 Ph: 727 323-8866 Fax: 727327-6477 Buyer Hudson Seller Citv of Clearwater Inspection Fee $60.00 licensee Name Professional Termite and Pest Control, Inc. licensee Address 1020 49th St. S., St. Petersbur2, FL 33707 Inspector Ian A. McPherson Inspeeuon Da. 10/04/2001 l~nDli<:allon Card No Requested By Wanda/Sun Bay Mortqaqe 796-7040 lH_, ,AClCI'U', Property Inspected 1208 North Garden Avenue, Clearwater FL 33755 WOOD.DESTROYING ORGANISMS INSPECTION REPORT Section 482,226. Florida Slalules 12367 License Number 1102 5370 'AClCIr...) SpeCifiC Structures InspeCled Residential Slructures on Property NOT Inspected None Areas of StruclUre(s) NOT Inspecled Parts of attic (insulation, limited. A/C) Interior Reason NOT Inspecting See scope of inspection below SCOPE OF INSPECTION "Wood-desll'Oying organism" means .nIvopod a ~nt life whidl damagea and can reintest ..alOned woad in a structure. namely Ilermi18S, powder post ~des, ol6louse borers. and wood decaytng fungi. THIS REPORT IS MADE ON THE BASIS OF WHAT WAS VISIBLE AND ACCESSIBLE AT THE TIME OF THE INSPECTION and is nol an opinion coyering areas such as, but nol necessarily IimitecllO. those t~t are eneloNd or inaccessible. areas concealed by wall coverings. lloor cover. rngs. 'urnllure, equipment. stored articles, or any portion 01 the structure In wh.ch inspeClion would neeessitate removing or defOlcing OIny pOlrt ot lhe structure. THIS IS NOT A STRUCTURAL DAMAGE REPORT. A wOOd~estroying organisms inspector IS not ordinarily a construetion or building trade expert and tnerefore is not expected to possess any special qualifications which WOUld enable him to allestlo the structural soundness of Ihe property IF VISIBLE DAMAGE OR OTHER EVIDENCE IS HOTED IN THIS REPORT (ITEM NUMBER (3) OF THIS REPORT), FURTHER INVESTIGATION BY QUALIFIED EXPERTS OF THE BUILDING ~ADE SHOULD BE MADE TO DETERMINE THE STRUCTURAL SOUNDNESS OF THE PROPERTY THIS REPORT SHAll NOT BE CONSTRUED TO CONSTITUTE A GUARANTEE OF THE ABSENCE OF WOOD-DESTROYING ORGANISMS OR DAMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF ~H GUARANTEE. REPOAT OF FINDINGS g~~O"-l"" (1) Visible eVidence of WOOd-destroying organisms observed: No 0 Yes ~ Drywood t~. h..~ ~ ~"'Ou~ "Nlm, 0' Ofg.n1lml) locations: See reverse \,.. X C2l Lille wood.destroying organisms observed: No ~ Yes 0 ~ rei locations: It copy of the contracl is allached (3) "islble dOlmage observed: No 0 Yes ~ D loclltions: See reverse 44) Visible evidence of prevIous treatment was observed: Explain: (sl This company has treated the structure(s) at lime of inspection: jOrlll"'lms l'uteet) f6) This company has treated the structure(5): No Xl Yes 0, If YES: Dale of Treatment: (P."IC:'CIe UH<II (Com""", N..... or O'g..,.I....1 ,Com"'O" He.... 01 Pe'''CICI., (7) A notice 01 this inspection GC1 and lor trealmen, 0 nas been affilled 10 lne structure(s): Water heater (Loce"on 01 NO"ce(11I 'COMMENTS: Recommend fumiqation for drvwood termites unless presently under contract. See reverse for estimate. Neither the licensee nor the inspector has any "nanCial inter.st in lhe propeny inspected or is associated in any way in the transaction wltl'lany pany to the transaction other than for inspection purposes, SEND REPORT TO PERSON WHO REOUESTED THIS I~SPECTION AND TO: Stewart Title Fax @ 447-4663 Fax @726-5062 QiA- ' Slgnalure 01 Licensee or Agent "'--" Dale 10/4/01 T30645 (' 145) ~EV 1'-9~ (Obsoletes PrevIOus Ed/bOns) SELLER'S AFFIDAVIT (GAP) STATE OF FLORIDA FILE NO: 01090068 COUNTY OF PINELLAS BEFORE ME, the undersigned, this day personally appeared ("Affiant(s)"), who, being by me first duly sworn, says: 1. is/are the owner(s) of certain real property located in Pinellas County, Florida, which is more particularly described on Exhibit. "A" attached hereto and made a part hereof (the "Property"). 2. Affiant(s) is familiar with Stewart Title Guaranty Company's Owner's Title Insurance Commitment No. C-01090068 bearing an effective date of September 20, 2001 5:00 p.m. (the "Commitment"). 3. There have been to my knowledge no documents recorded in the Public Records of Pinellas County, Florida subsequent to September 20, 2001 5: 00 p. m. which affect title to the Property insured; and (i) that there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will not execute any instrument that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment, save and except the following: 4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent, STEWART TITLE OF CLEARWATER, INC. , to issue an Owner's Title Insurance Policy to JAMES W. HUDSON, JR. Dated, this 23 rd day of October , 2001 CITY OF CLEARWATER CITY OF CLEARWATER ~ ~/~ G~ BY: "G:?~-e~;;:~...?~- mAL BARREIT Sworn to and subscribed before me this 23rd day of October OF CLEARWATER , 2 0 0 1 ,ClIyry My commission expires r who has/have produced driver license(s}1jj identificati E soMERS - . \RONALD '. stato at F\OI\dB "'~c:. Notal'f P~:k,n expires W7KJ: ! ~ WrY com~ No #CC78227 'i l'! commisSlOO . I: , BORROWER'S AFFIDAVIT (GAP) STATE OF FLORIDA FILE NO: 01090068 COUNTY OF PINELLAS BEFORE ME, the undersigned, this day personally appeared JAMES W. HUDSON, JR. ("Affiant(s)"), who, being by me first duly sworn, says: 1. JAMES W. HUDSON, JR. is/ are the proposed purchaser( s) and or borrower( s) of certain real property located in Pine 11 as County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). 2. Affiant(s) is familiar with Stewart Title Guaranty Company's Mortgagee's Title Insurance Commitment # C- 01090068 bearing an effective date of September 20, 2001 5: 00 p. m. (the "Commitment"). 3. There have been to my knowledge no documents recorded in the Public Records of Pinellas County, Florida subsequent to September 20, 2001 5:00 p.m. which affect title to the Property insured; and (i) that there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will not execute any instrument that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment, save and except the following: 4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent, STEWART TITLE OF CLEARWATER, INC. , to issue a Mortgagee's Title Insurance Policy to FIRST UNION MORTGAGE CORPORATION Dated, this 23rd day of October , 2001 . ",--'. Sworn to and subscribed before me this 2 3 rd JAMES W. HUDSON, JR. day of October 2 0 0 1 , by My commission expires I~c:, .. ! 'i. n who has/have produced driver licensees) as identification. .,// - ../ /-:.~'-~ 1d-1 RONALD E.SOMER~ F1of1da \ Notal)' pu~~, S~res 11f7102 =s::=o. #CC762274 DISCLOSURE, CONSENT AND GRANT OF PERMISSION TO EARN INTEREST ON ESCROWED FUNDS STEWART TITLE OF CLEARWATER, INC. ("Stewart"), is providing title insurance and closing services, and has issued Commitment No. C - 01090068 dated September 20, 2001 5: 00 p. m. in connection with a real estate transaction in which you are a party as a buyer, seller or mortgagor ("Transaction"). Disclosure: Money owned by a party or parties to your Transaction will be received by Stewart in connection with the Transaction and will be held by Stewart in Trust ("Escrowed Funds") until disbursement is properly authorized. As a title insurance agent licensed by the Florida Department of Insurance ("Department"), Stewart is required by law and Department rule to immediately deposit Escrowed Funds, when received, in an escrow trust account in a financial institution insured by an agency of the federal government and located within this state. Stewart intends, upon receiving all consents required in connection with the Transaction, to (a) deposit Escrowed Funds from the Transaction, together with similar funds from other transactions, in an interest-bearing trust account, and (b) retain the interest earnings from such trust account in consideration for services provided in administering and properly disbursing the Escrowed Funds. Any escrow fee paid by any party involved in this transaction shall onlv be for check writing and computer input, but not for any of the accounting, bookkeeping, auditing, messenger, and other services. Department rules provide that a title agent may not deposit such funds in an interest-bearing trust account without the written consent of the buyer and the seller in a sale transaction, or "use" money in its escrow trust accounts without permission of the owner of the money, given after full disclosure of the circumstances. Therefore, if this form (or a counterpart hereof) is not signed (by both buyer and seller if a sale transaction, or by the owner of the Escrowed Funds if a financing transaction) and received by Stewart prior to Stewart's receipt of the Escrowed Funds in its capacity as escrow agent in the Transaction, the Escrowed Funds in this Transaction will be deposited in a trust account on which no interest is earned. Grant of Permission: Having read and understood the foregoing "Disclosure", I/we Purchaser/Borrower fi] do, or 0 do not, and Seller ~ do , or 0 do not hereby grant permission for and consent to Stewart's deposit of the Escrowed Funds in a trust account upon which interest will be paid to and retained by Stewart. October 23, 2001 Date ES W. HUDSON, JR. of (Titl ) (Corporate or other entity name, if Applicable) please check all that apply ~ Buyer / _Seller / _ Mortgagor Date Print Name: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / _Seller / _ Mortgagor CITY OF CLEARWATER October 23, 2001 Date /C::;7 '# Ch. u~;':?c?'1'.eFt'~~~ '!MIl Name: EAR BARREIT As MANAGER of CITY OF CLEARWATER (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / ~ Seller / _ Mortgagor Date Print Name: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / _Seller / _ Mortgagor ORDER NO: 01090068 D I S C LOS U R E We, the Owners/Purchasers of that certain real property located at: 1208 N GARDEN AVENUE, CLEARWATER, FL 33755 Pinellas County, Florida, do hereby disclose the following facts of said property. known to me which may materially affect the value or desirability 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 HEREBY CERTIFY that as the buyer(s) I have inspected the above property and accept same. STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER t;;.? ~ ~ BY: r;:;;:;~e~~ (>:[J:z~~~'/ .... EARL BARRETT JR. The foregoing instrument was acknowledged before me of October, 2001, by EARL BARREIT CITY OF CLEARWATER, who has produced identification and who did take an oath. p, RONALD E.SOME~ Y PUBL Notary Public, State Of Florida My Commission Expires 1117102 Commission No. #CC782274 My Commi s s i on Exp i r~\ 6 I: '#- " STATE OF FLORIDA COUNTY OF PINELLAS this 23rd day of I'. .,~~: '1'1, , I ~I Ii The foregoing instrument was acknowledged before me this 23rd day of October, 2001, by JAMES v!. HUDSON, JR., jl1l<:1---lJas proced drivers lic.ense , as identification 0 di t e an oath. My Commission Expires: {&il RONALD E.SOMERS Notary Public, State Of Florida My Commission ExpIres 1117102 Commission No. #CC762274 AUTHORIZATION AND ACKNOWLEDGEMENT FORM DATE: October 23, 2001 FILE NO.: 01090068 LEGAL: LOT 11, ENGHURST ADDITION TO CLEARWATER SELLER: CITY OF CLEARWATER BUYER: JAMES W. HUDSON, JR. We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 23rd day of October, 2001. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the statement of actual cost is based on the latest information available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, ascertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company of Clearwater, Inc. Stewart Title of Clearwater will not be held responsible. THAT ALL UTILITY BILLS (WATER, SEWER, ELECTRIC, MAINTENANCE FEES) HAVE BEEN PAID OR WILL BE PAID UPON RECEIPT OF FINAL BILLS. INITIALS INITIALS INITIALS INITIALS SELLER'S BUYER'S CITY OF CLEARWATER /--) BY:~~~t~~- SELLER'S FORWARDING ADDRESS: 4/l--<//;Vff;!:7./Ak-: t>?;<"I"': ~/rr c/;z Zle.~?(~/L p~ c'. /..;c~q7'/rf .. . L(e.tf,11 a'rf~1 /~, .557..5'f-9'h"g HOME PHONE# 72 7 cf;2( c.cPc.({; WORK PHONE# 7 Z 7 ~'-6:Z (j 7SV BUYER'S FORWARDING ADDRESS: f ~ bc>x. '74 W7fJ~1 HOME PHONE# --LL) %'t- I f"C __ 7~1o ?, ~ 7 L/ ,;4-Lf 7 'i..~4=2- '7 ~-1 i'f~ '~1:72~ WORK PHONE# THIS IS TO FURTHER AUTHORIZE TO APPROVE ANY CHANGES NECESSARY TO THE CLOSING STATEMENT. INC. BY: TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS. LIENS. AND POSESSIONS SELLER OR OWNER-BORROWER: CITY OF CLEARWATER, BY: EARL BARRETT LEGAL DESCRIPTION: LOT 11, ENGHURST ADDITION TO CLEARWATER PURCHASER: JAMES W HUDSON, JR Personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: are: I, the seller. 0\\11er-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there \, No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs, lawn sprinklers, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no securily interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so Slate) Ni\M AND ADDRESS OF SECURED PARTY APPROXIMATE AMOUNT ( ~/ "2;-" No loans of any kind on said property except the following:(ifnone, so state): ~r. AND_ADDRESS OF CREDITOR /~}ff ~ ~ ~/ r-- All labor and matenal used in the construction of improvements or repaIrs on the above descnbed property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and 1 hereby declare that all sums of money due for the eredction of improvements or repairs have been fully paid and satisfied, except (If none, so state) NAME ANI> ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS g~, /&7V< ~ I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SlJPPLlER OF LABOR OR MATERIALS / APPROXIMATE AMOUNT APPROXIMATE AMOUNT APPROXIMATE AMOUNT 5, I, the owner-borTower, or purch ser, have not been given nice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or finns, except: (If none, so state) SUPPLIER OR LABOR, SERVICES OR MATERIALS APPROXIMATE AMOUNT '--" 6. I, the undersigned owner, further certify Ihat the real estate d pcrsonal property above described arc in the actual possession of the undersigned and is not in the posscssion, actual or con tructive, of any pcrson. pcrsons. or organizations holding or claiming same, adversely to the undersigned under contract, lease or any other color of title or right of possession , THE IMPROVEMNETS OR REPAIRS TO SAID PROPERTY ARE NOW COMPLETED AND IIA VE BEEN ACCEPTED BY PURCHASER AND/OR OWNER-BORROWER. INDEMINTY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THEREOF OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEI)TION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I REALIZE THAT THE PURCHASER AND/OR LENDER IN THIS TRANSACTION ARE RELYING ON THE REPRESENTATION CONTAINED HEREIN IN PURCHASING SAME STATE OF FLORIDA COUNTY OF PINELLAS ,1' SWORN TO AND SUBSCRIBED BEFORE ME THIS 23RD DAY OF OCTOBER, 2001. CITY ~F~AR~R C;~ ____ BY: ~c?lt6f#~/;er~ EARL BARRETT 1. Jj?~ F WY;UDSON,.JR NOTARY PUBLIC: MY COMMISSION EXPIRES: lA:"~ i~~ RONALD E.SOMERS Notary Public, State Of Florida My Commission Expires 1117102 Commission No. #CC782274 B.TYPE OF LOAN ------------ 1. [lFHA 2. [ lFMHA 3. [ lCONV. UNINS. 4. [lVA 5. [XlCONV. INS. 6. FILE NUMBER: . ----r-~OAN NUMBER: 01090068 ~~ 7311354-00 8. MTG. INS. CASE NO.: This form is furnished 10 give you a stalement of actual settlement costs. Amounts paid to and by the seulement agent are shown. Items marked ("p.o.c. ") were paid outside the dosing: they are shown here for information purposes and are not indudcd in the [Dtals. I A:, ' ","~DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C.' NOTE: D_ NAME OF BORROWER: JAMES \.I. HUDSON, JR. E. ADDRESS: 2208 HAMPSTEAD COURT, SAFETY HARBOR, FL 33767 NAME OF SELLER: CITY OF CLEAR\.IATER , a Municipal Corporation ADDRESS: F. NAME OF LENDER: PO BOX 4748, CLEARWATER, FL 33758 FIRST UNION MORTGAGE CORPORATION 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607 Lot 11 ENGHURST ADDITION TO CLEARWATER 1208 N GARDEN AVENUE CLEARWATER FL 33755 ADDRESS: G.PROPERTY LOCATION: H. SETTLEMENT AGENT: STEWART TITLE OF CLEAR\.IATER ADDRESS: 1290 COURT ST. CLEAR\.IATER, FL 33756 PLACE OF SETTLEMENT: STEWART TITLE OF CLEAR\.IATER ADDRESS: 1290 COURT ST. CLEARWATER, FL 33756 J. SUMMARY OF BORROWER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101. J02. J03. 104. J05. Contract sales price Personal p..J:ClIlerty Settlement charges to borrower(line l400) 47,551.50 4,535.26 Adjustmems for items paid by seller in advance: 106. City/town taxes 107. County laxes 108. Assessments 10'), 110. Ill. to to to 112. 120. GROSS AMOUNT DUE FROM BORROWER: 52,086.76 200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 201. Deposit or earnest money 202. Principal amount of new loan(s) 203. Existing loan(s) taken subject to 204. 205. 206, 207, --~~_. 208. 209, Adjustmems for items unpaid by seller: 210, City/town taxes to 211, Counly taxes 1/01/01 to 10/23/01 212, Assessments to 213,*NOTE:Property totally exemDt 214, from county taxes for 2001 215, 216. 2,000.00 46 100.00 \tll i J.../ ./ /1~/ ~ .,~ 217. 218. 219. 220. TOTAL PAID BY/FOR BORROWER: 48,100.00 300, CASH AT SETTLEMENT FROM/TO BORROWER: 301. Gross amount due from borrower(line 120) 302. Less amounts paid by/for borrower(line 220) 52,086.76 48 100.00 303. CASH IX FROMI KXX~J BORROWER: 'k 3,986.76 SELLER TIN: PHONE NUMBER: (727) 441-2689 SETTLEMENT AGENT TIN: 59-1433918 - ------..-...- I.SETTLEMENT DATE Closing date: 10/23/01 Proration date: 10/23/01 K. SUMMARY OF SELLER'S TRANSACTION 400. GROSS AMOUNT DUE TO SELLER: 40 I. Contract sales price 402. Personal properlY 403, 404. 405. 4 7 L~.~l,-~__ .-.------.------ ----.-...--. Adjustments for items paid for seller in advance: 406. CitY/lOwn taxes 407. County taxes 408. A~sessmel1ls 409. 410. 411. 412. ~---~-----_._._.- to 10 to 420. GROSS AMOUNT DUE TO SELLER: 47,551. 50 500, REDUCTIONS IN AMOUNT DUE TO SELLER: 501. Excess deposit(see instructions) 502. Settlement charges 10 seller(line 1400) 503, Existing loan(s) taken subject to 504, Payoff of tlrst mOrlgage loan 505. Payoff of second mOflgage loan 506. 507. 508 509. _______._...1.-'-043 . 50 ... -- ----.-------- Adjustments for items unpaid by seller: 510. City/town taxes 10 'tll t'-/-;, ____ 511. County. taxes 1/01/01 to 1QLW01 -1ffI:-' ..~ --- 512, Assessments to f----- _ __ 513. ,'.NOTE: PrQQerty.-totall~2S.~illillr---_ __ 514. from county taxes for 2001 -- ----~A6. 515. 516. 517. 518, .._------~~-_..__._- .---.---- ----..--.. ~---. f---.--.-.._-_.~ ..- ------~---_.. 520. TOTAL HEDUCTION IN AMOUNT: 1,.01.3.50 600. CASH AT SE1TLEMENT TO/FROM SELLER: 601. Gross amounttlue to selier(line 420) ___~ 47,551.50 602. Less total reductions in amounr due selier(lineB92.._ ____.__.._~l..Jli~_:2Q._ 603, CASH [X Tal [xnlQNlI SELLER: 46,508.00 SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is imponant tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION-If Ihis real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence. for any gain, with your income tax return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040), You are required by law to provide Stewan Title of Clearwater, Inc, wi~ your correct taxpayer identitication number. If you do not provide Slewart Title of Clearwater, Inc, with your correct taxpayer identitication number, you lIlay be subjecllO civil or criminal penalties. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. Seller ,'.CASHIERS CHECK ill STEWART TITLE & PHOTO 10 REQUIRED AT CLOSING!! , r---;-....-1- FiLe 01090068 L. SETTLEMENT CHARGES PAID FROM PAID FROM ,- BORROWER'S SELLER'S FUNDS FUNDS > 700, TOTAL SALES/BROKER'S COMMISION Based on $ @ %= AT SETTLEMENT AT SE1TLEMENT .-- Division of Commission (line 700) as follows: 701. $ to -----~_.._----- 702. $ 10 703_ Commission paid al selllemenl ~------------"_._-_.- 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN, 801. Loan Origination fee 1 .25000 % SUN BEAM MTG CORP D/B/A SUN BAY MTG 576.25 --..-.-- 802, Loan Discounl 1.37500 % FIRST UNION MORTGAGE CORPORATION 633.88 . 803. Appraisal fee 10 SUN BEAM MTG CORP D/B/A SUN BAY -POCB 275.00 804. Credit Report to SUN BEAM MTG CORP D/B/A SUN BAY M-POCB 50.00 .--- 805 TAX SERVICE fEE to TRANSAMERICA REAL ESTATE SERVICES 78.00 -- Discount FeeI~~ ------------...-. 806. Loan to SUN BEAM MTG CORP D/B/A SUN BAY MTG 576.25 ~~------- 807, DELIVERY/HANDLING fE to FIRST UNION MORTGAGE CORPORATION 50.00 - --------_.~--- 808. DELIVERY/HANDLING FEE to SUN BEAM MTG CORP D/B/A SUN BAY MTG 25.00 -----.---- 809. PROCESS I NG fEE 10 SUN BEAM MTG CORP D/B/A SUN BAY MTG 225.00 _n 810. UNDERWRITING fEE to FIRST UNION MORTGAGE CORPORATION 253.00 ..-._.. 811. FUNDING fEE to FIRST UNION MORTGAGE CORPORATION 25.00 ----------- 812. FLOOD CERT FEE to fIRST AMERICAN FLOOD DATA SERVICES INC 14.00 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Inleresl from 10/23/01 to 11/01/01 @$ 8.21000 /day 9 days 73.89 902. Mortgage insurance premium for mo. 10 PMI 903, Hazard insurance premium for 1 yrs, to COPENHAGEN -POCB 567.46 -----.-.---- 904, yrs, to 905. 1000, RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance 3 mo.@$ 47.25 per mo. 141. 75 1002. Mortgage insurance 0 mo,@$ 19.21 per mo. ~-- 1003. City property laxes mo.@$ per mo. .0 1004. County property laXeS 2 mo.@$ 103.36 per mO, 206.72 1005. Annual assessments (Maint.) - mo.@$ per mo, 1006, mo,@$ per mo, .. ,1007, mo,@$ per mo, ....---- .-.------.----.-.-- iOO8. mQ,,@$ per mo. -------- Aggregate Adjustment ~- (47.23) 0.00 1100. TITLE CHARGES: 110 I, Settlement or closing fee to STC 100.00 95.00 ------.------..- 1102. Abstract or title search to STC 100.00 .-- 1103, Title examinalion to STC 25.00 .. ---------- 1104. Tille insurance binder 10 -- ~____~o 1105, Document preparation to ".---.-. 1106. Notary fee to .----- 1107, Attorney's fee to to (includes above items No.: __0.______0_-0 11 08. Title insurance 10 STEWART TITLE Of CLEARWATER 295.00 273.50 +-- ------..... (includes above items No,: ) -- ,.--------------...---- 1109. Lender's coverage 46,100.00 $ 295.00 _.,-----------~-,- I j 10. Owner's coverage 47,551.50 $ 273.50 ----~----- -_.~--------_..,-----,--- 1111. fl risk rate($353.35) 10 ...-. --.-- ....--------------- 1112. 8.1 10 STC 35.00 ----- -----~----- J 113. FL fORM 9 to STC 55.00 - ------..--..--.--,.------.. ..------------'--- - ---- __0'_"'0"- 1114. .' to 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 10.50 Mrtg $ 73.50 ReI. $ 84.00 ----~ 1202, City/county lax/stamps: Deed $ Mng $ 92.20 92.20 1203, State tax/slamps: Deed $ 333.20 Mrtg $ 161.35 494.55 I -- 1204. I' 10 --_.--- 1205, 10 ----- ----- 1206. to 1300, ADDITIONAL SETILEMENT CHARGES 130 I. Survey to TARGET LAND SURVEYING 250.00 1302. Pest inspection & TREATMENT to PROfESSIONAL TERMITE/EMORY BRANTLEY 60.00 550.00 ----------.------ 1303. COUR 1 ER/HAfWL I,~G fEE to SIC 3B.00 ------- n -- ----~ .-------.--- ------------- 1304. DOCUMENT/RE.DOCUMENTATION/HANDLING to FIRST UNION MORTGAGE CORPORATION 200.00 1305. to 1400. TOTAL SETfLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 4,535.26 1,043.50 CERTIFICATION: I have carefully reviewed lhe HUD.I Settlement Statement and 10 the best of my knowledge and belief, it is a [rue and accurate stalement of all receip and disbursement made on my account or by me in this transaction. I furlher certify that I have received a copy of HUD.l Se([!cment Slatement. CI~CLFAR~ ~ BY: 0 ~t& FA L BARRETT J Borrowers Sellers The H .1 Selllement Sralemenl which I have prepared is a true and accurate account of this transaction. I have cansed or will cause lhe funds 10 be disbursed in rdanc wit is slatemelH. _ OcroBER 23 I 2001 Dale RNING: It is a crime to knowingly make false SlatemenlS to the United Stales onlhis or any other similar form. Penallies upon conviction can include a line and imprisonment. For derails see: Title 18: U.S. Code Section lDOl and Seclion IOlD. CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Attorney, Phone: (727) 562-4754, and JAMES W. HUDSON, JR., a single man 2208 Hampstead Court, Safety Harbor, f1. 33767 (herein "Buyer"), Phone: (727) 204-4238 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: LOT 11, ENGURST SUB., as recorded in Plat Book 1, Page 23, Public Records of Pinellas County, Florida. STREET ADDRESS: 1208 North Garden Avenue, Clearwater, Fl. 33755 PERSONALTY: Refrigerator, window blinds 2. FULL PURCHASE PRICE ............................................. $ 47,551.50 3. MANNER OF PAYMENT Security Deposit to be made by Buyer within 72 hours of the "Effective Date" and placed with Stewart Title Clearwater, 1290 Court Street, Clearwater, Fl. 33756 Ph. (727) 441-2689 Purchaser to qualify and obtain third party financing as described in Paragraph 4 not to exceed ......................... Balance to be paid at closing in U.S. funds, cash, certified or cashier's check, subject to adjustments and prorations.......... $ $ $ 45,170.00 381.50 2,000.00 4. THIRD PARTY FINANCING a. If the purchase price or any part of it is to be financed by a third party, Buyer shall have 21 days following the EffectiVe Date to obtain a firm conunitment for the financing required to complete this contract from lender of Buyer's choice, and at Buyer expense, upon the following rates and terms: 1. [X] Fixed interest rate not to exceed [ ] % per annum [X] prevailing market rate, amortized over a period of not less than 30 years. 2. Variable/adjustable initial interest rate not to exceed [ ] % per annum prevailing market rate at time of loan conunitment, amortized-ov€r a period of not less than years. 3. [ ] Other terms: N/A 4. [xl Buyer shall have the right to waive this financing contingency and proceed with closing upon giving written notice of such waiver to Seller. b. Buyer shall use all reasonable diligence to obtain the conunitment for the financing hereinabove described and, thereafter, to meet the terms and conditions of the conunitment and to close the loan. If Buyer fails to obtain the loan conunitment and promptly notifies the Seller in writing, or after diligent effort fails to meet the terms and conditions of the conunitment or to waive Buyer's right under this subparagraph with the time allowed for obtaining the conunitment, then either party may cancel this contract and Buyer shall be refunded all deposits made hereunder, and both parties shall be relieved of any and all further obligations hereunder. 5. TIME FOR ACCEPTANCE Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City Conunission ("Conunission"). If this agreement is accepted and approved by the Conunission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If this contract is rejected by the Conunission upon ini tial presentation to the Conunission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. Page 1 of 5 "IJ 6. TITLE Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters contained in Paragraph 7 and those otherwise accepted by Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions and public utility easements of record; and (other matters which title will be subject): No Others ; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property for residential purposes. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 10 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subj ect only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s) If the defect (s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. CERTAIN RIGHTS RESERVED As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one- half (1/2) interest in all the petroleum that is or may be in, on, or under said property wi th the privilege to mine and develop the same. I f the real propert7 being conveyed hereunder is less than 20 contiguous acres, is presently developed and or there exists future development plans, and there is little likelihood of the presence. of any of the minerals or petroleum contemplated by Section 270.11, Florida Statutes, in all such instances the City expressly releases the above described rights. 9. SURVEY Buyer, at Buyer's expense, within 'time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. 10. WOOD DESTROYING ORGANISM INSPECTION "Wood destroying organism" means arthropod or plant life, which may damage the wood in a structure, as defined in F.S. 482.021(26). Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed pest control business to determine the presence in the improvements of past or present infestation and damage caused by infestation. Seller shall have 5 days after receipt of Buyer's written report to obtain repair estimates from a licensed building or general contractor, and treatment estimate from a licensed pest control business. Seller shall treat and repair the Property if the cost to do so does not exceed 3\\ of the purchase price ("Treatment/Repair Limit"). If the cost of treatment and repair exceeds the Treatment/Repair Limit, either party may elect to pay the excess, failing which, either party may terminate this contract. If there is no evidence of live infestation and the Property is covered by a full treatment warranty, Seller shall transfer the warranty to Buyer at closing and shall not be obligated to treat the Property. 11. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 30 days followinq the "Effective Date", unless extended by other provisions of this contract. If ei ther party is unable to comply with any provision of this contract wi thin the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect upon any other term, covenant or condition contained in this contract. 12. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale, mechanic I s lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement. 13. CLOSING EXPENSES Page 2 of 5 Recordation of the deed and Documentary stamps on the deed, unless this transact' exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Sel' pay the costs of recording any corrective instruments. ['i'J 14. PRORATIONS; CREDITS If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [X]. a. [ 1 As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 15 days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 10 and 15 to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk- through. 17. SELLER HELD HARMLESS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the Property, and from and against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work performed pursuant to Paragraphs 10 and 15 above. 18. SELL3R WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: NONE KNOWN. 19. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3'~ of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 20. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence, If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Page 3 of 5 /to Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 21. DEFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposit (s) without thereby waiving any action for damages resulting from Seller's breach. 22. RADON GAS NOTIFICATION RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted) . 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 2 7. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subj ect to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Page 4 of 5 ,1jJ 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. SPECIAL CLAUSES [xJ Not applicable, OR [ J An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 33. MERGER BY DEED All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon deli very of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter. 34 . ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous wri tten and oral promises, representations or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: ~/to)oc L~~ J'BUye~~ignature Buyer: James W. Hudson, Jr. 587-06-4348 Social Security or Tax I.D.# ------------------------------------------------------------------------------------------ [ J APPROVED AND ACCEPTED THIS _____ day of , 2001. Countersigned: er OF CLEARWATER, FLORIDA By Approved as to form: ATTEST: :.~. jJ~~. [lLO__ ~ou~au, City Clerk ..-'. . .;- "- Ja Page 5 of 5 fiC