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ELIZABETH BARNES Conformed copies to: Service Matrix Attached Miles A, Lanc~, Asst. City Atty rr!('~~ '" I ::.::: 0:: ~ ,...:I u, ' o::~ ~>o ~CQ .:t: ,...:IQ CQ~ ~H Q~ H .0:: ~~ > Z ~Q ~o:: ,...:10 O::U ~~ 01 · No Recording Fee 41 Qoc Starnps $ . 70 INST # 93-186494 JUN 30'm~:~: 1:18PM, I i IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIRCUIT CIVIL NO.: 92-2802-MF-15 CITY OF CLEARWATER, a municipal corporation, Plaintiff, vs. ELIZABETH BARNES, widowed and not remarried, DONNELL A. BARNES, individually, _ LINDA D. COWART, a/k/a LINDA D. SMITH, individually,~ STATE OF FLORIDA, HARRIET M. D'COSTA, M.D., ITT CONSUMER FINANCIAL CORPORATION, a Delaware corporation, d/b/a ITT FINANCIAL SERVICES, MAAS INC., a Delaware corporation, d/b/a MAAS BROTHERS, f/k/a MAASBROTHERS, INC., and NCNB NATIONAL BANK OF FLORIDA, a national banking institution, Defendants. / CERTIFICATE OF TITLE The undersigned Clerk of the Court certifies that she executed and filed a Certificate of Sale in this action on the 16th day of June, 1993, for the real property described as follows: South 1/2 of Lot 21 and West 15 feet of the South 1/2 of Lot 22, 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. and that no objections to the sale have been filed within the time allowed for filing objections. The real property in Pinellas County, Florida, legally described above, was sold to the City of Clearwater, a municipal corporation, whose address is 112 Osceola Avenue, ~)ear~ater, FL 34616. Witness mY hand and the seal of this Court on this 29th day of June , 1993. COL'RT p.r:cnpf"\<; - v" 'n ~r,' /;: 1..<, v,., /''', ~../ ,~, o "Xj "Xj ."U ::dH trlZ ()trl . t"" tot"" ~:J::oo en Q) W() NO f-lC Z t-3 "U>-<: (j) "Xj f-lt"" -...J:J::oo -...J. U1 "- "\ ,~". -~ 1 .' PINELLAS COUNTY FLA. OIF.REC.BK 8321 PG 1776 SERVICE MATRIX CITY OF CLEARWATER vs. ELIZABETH BARNES, et al Circuit Civil No. 92-2802-15 Elizabeth Barnes 1568 Gentry Street Clearwater, FL 34615 Donnell A. Barnes 1142 Loraine Leland St., #410 Dunedin, FL 34698 Linda D. Cowart, a/k/a Linda D. Smith 1744 Taylor Lake PI. Largo, FL 34648 Harriet M. D'Costa, M,D. 1481 Belleair Road Clearwater, FL 34616 CT Corporation, Registered Agent lIT Financial Services 1200 S. Pine Island Road Plantation, FL 33324 Ellen Kinsler, Corporate Secretary Corporation Trust Company, Registered Agent Maas, Inc. 1209 Orange Street Wilmington, DE 19801 Nation's Bank Recovery Department Attn: Michael Lapomarda, Registered Agent NCNB National Bank of Florida 3703 Farmington Drive Greensboro, NC 27407 Rivers Buford, Jr., Assistant Attorney General Department of Legal Affairs The Capitol- Suite 1501 Tallahassee, FL 32399-1050 Suzanne T.Smith Assistant County Attorney 315 Court Street Clearwater, FL 34616 Marie King, Asst. State Attorney Pinellas County State Attorney 5100 144th Ave. N. Clearwater, FL 34620 BECEIYED AUG 2 6"993 CITY CLERK DEPT. , CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: City Clerk FROM: LaVonne Newcomer, Legal Staff Assistant,)('~ SUBJECT: Certificate of Title on property formerly owned by Elizabeth Barnes and Donnell A. Barnes DATE: August 25, 1993 Attached for filing in your office is the original Certificate of Title with regard to the Barnes property foreclosure. This certificate was recorded in O.R. Book 8321 Page 1775. LN:hs enc. I , CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: City Clerk FROM: Miles A Lance, Assistant City Attorney ~ SUBJECT: Title Insurance Policy re: Barnes Foreclosure Circuit Civil No. 92-1802-MF-15 DATE: September 13, 1993 Attached for safekeeping is the original title insurance policy No. 0 96-655436 issued by TRW Title Insurance Company of New York through Coastal Bonded Title Co. of Clearwater. This policy is on the former Barnes property, which the City received through foreclosure proceedings. MAL: In enc. cc: Steven Watry 1leCelf.~ Sfp 1~: fell C1r." , 1993 c~ 'Ill( /)EPr. l'" I ) Policy of Title Insurance i:'~~~~. _. I".. Issued By o 96-655436 TRW Title Insurance of New York Inc. SUBJECT 10 THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRW Title Insurance of New York Inc., a New York Corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. TRW Title Insurance of New York Inc. 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Name of Insured: CITY OF CLEARWATER, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: Fee Simple 3. The estate or interest referred to herein is at the effective date of policy vested in the insured. CITY OF CLEARWATER, a municipal corporation 4. The land described herein is encumbered by the following mortgage and assignments, if any: 5. The land referred to in this policy is described as follows: THE SOUTH 1/2 OF LOT 21 AND WEST 15 FEET OF THE SOUTH 1/2 OF LOT 22, ENGHURST ADDITION TO CLEARWATER, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 23, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ( .' 206 ci:~.~ Owner's Policy' ~edUJe A~, '() W (Florida) ?l , I'-" Rev, 2/91 t...:-, I r~ ii~... , Owner's Policy Schedule B 6WNE~ TITLE INSURANCE pJUCY SCHEDULE B ITEMS 1,4,5 and 6 are hereby deleted Policy No. 0 96- 655 43 6 File No. 92 -16330 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. (6) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 7. Taxes for the year 1993 and thereafter, which are not yet due and payable. 8. Any loss or damage resulting from a claim made against the insured title based upon operation of federal bankruptcy, state insolvency or similar creditor I s rights laws. ii~.ir. 221-90 Rev. 12/90 -~~" ~ . (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured, The Company may take any ap- propriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this para- graph, it shall do so diligently, (c) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of compe- tent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order, (d) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or pro- vide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, atlhe Company's expense, shall give the Company all reasonable aid (i) in any ac- tion or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to de- fend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claim- ant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to de- fend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall pro- duce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memo- randa, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permis- sion, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks,correspondence and memoranda in the custody or control of a third party, which reasonably per- tain to the loss or damage, All information designated as confidential by the insured claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Com- pany, it is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, produce other reasonably requested infor- mation or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph, shall terminate any liability of the Company under this policy as to that claim. 3022 ------...........;..",;;. ._.;;._-_.....;,~..... . CONDITIONS AND STIPULATIONS I (continued from inside front cover) 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance, To payor tender payment of the amount of in- surance under this policy together with any costs, attor- neys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay, Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be sur- rendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim in- sured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses in- curred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Com- pany's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the in- sured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) The Company will pay only those costs, attor- neys' fees and expenses incurred in accordance with Sec- tion 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully --'- J -::..' performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litiga- tion by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of com- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto, 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insur- ance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mort- gage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or refer- red to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Con- ditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued, If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subroga- tion, The insured claimant shall permit the Company to sue, compromise or settle in the name ofthe insured claim- ant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies, If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the propor- tion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claim- ant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-Insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaran- ties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy, (continued on back) r ... ~.~ 14. ARBITRATION. Unless prohibited by applicable law, arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Com- pany in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Datepf Policy shall be bin- ding upon the parties. The award may include attorneys' fees only ilthe laws ofthe state in which the land is located permit a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof, The law of the situs of the land shall apply to an arbi- tration under the Title Insurance Arbitration Rules. ~ -~ CONDITIONS AND STIPULATION~ (continued from inside back cover) A copy of the Rules may be obtained from the Com- pany upon request. 15. LIABiliTY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company, In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by writing endorsed hereon or at- tached hereto signed by either the President, a Vice Presi- dent, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. POLICY OF TITLE INSURANCE .....- 16. SEVERABiliTY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other pro, visions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Com, pany shall include the number of this policy and shall be addressed to the Company at its Corporate Head, quarters, 6800 College Blvd., Suite 700, Overland Park, Kansas 66211. TRW Title Insurance -of NewVork Inc. 3022 6800 College Blvd., Suite 700, Overland Park, Kansas 66211 Area Code 913 491-5585 ( ',,_1'/ .. l..~ lVlortgage to Secure A Loan I .for 1;1~habilatioI;l of ProtJbrtJ6.R.6137 -2n8-8-~7 ~cr 8~ t> t) 'THIS MORTGAGE made on or .s of thJ.. 12th day of December .1985 ,betveea ,', 56 Elizabeth Barnes, Widowed and not remarried bereinafter called, and if more tbaa one party, jointly and severally bereinafter ealled "Mortgagor", residing at 1223 Nicholson Stre~t ill the .~ity of' Clearwater, Pinellas County, Florida, aucI CITY OF CLEARWAtER., Florida, bereinafter caUed "Mortgagee , ' ~. WITNESSETH, that to secure the payment of aa iadebtedne.s in the principal amount of Seven thousand and 00/100 Dollar. ($ 7,000. O~, with interest thereon, which sball be payable ia accordance with a certain note, bond or other obliga- tion, wbich obligation is hereinafter called "Note", bearing even date herewith, a true and correct copy of which, exclusive of the signature of the Mortgagor, marked Schedule A, i. annexed hereto and made a part hereof, and all other indebtedness which the Mortgagor is obligated to pay to the Kortgagee pursuant to the provisions of the ~ Note and this Mortgage, the Mortgagor hereby-grants, conveys and mortgages to the 3 Mortgagee: o ::r: ALL that certain Florida, described as CXl .-l IJ) M M lot, piece, or parcel of land situate and being in Pinel1as 'County, follows; to vit: . F::t; ...::I Ji:I ~ U HCXl...::l :a: q. ~ r--- :>l q. ... CQ ,~ XJi:I ClOE-t ~CQ~ F::t; .~ p-.oF::t; ~ .~ p-'p-.u South ~ of Lot 21 and West 15 feet of the South ~ of Lot 22, ENGHURS'I' ADDITION TO CLEARWATER, according to the ::'nap or plat thereof, as recorded in Plat Book 1, Page 23, Public Records of Pinellas County, Florida A.K.A. 1307. N. Garden Avenue ,,- 6) 14 147&724' 72 40 41 TOTA 1 o 10.50 31.50 CtIK E-t :z; ~ P-. o ...::I ~ Ji:I Cl :>l E-t H ~S :a:oo...::l :z;:a:o::l'~ ~or--- ::JUq. ... E-t ~ Ji:I~XJi:I !l::OOE-t o:l~ Ji:IJi:I :s: u)u .~ F::t;HOF::t; Ji:I~ Ji:I ...::I ~ ....::1 p-.OP-.U 14 147&7321 72 '10 '11 TOTAL 1. 20DC85 21.00 10.50 31. 59 CtIK CXl r-f l!) M M 01 Ci64~~b 40 Rec U 41 os 43 Int _ ': -- To@-!:Sl] M DocUmenllry Tax ~d, $,L."~.~ s. '..C..~'- , ......., .'.... n,"""I"". Tax Pd Kar'e~," f. Of' ll./"k.r,. C14d"""llel~ County' By. ~- -~/I" I d 1/ I.~~~~~-!,~-- LJepulJ C/er~ If' r !::. ~ r-'"l ... rr: ~T:' c :,'Ilt' I "" - . . ~"1 ):4" c:::r :1: (01\' r~ p R";';" ~ C' r:'/ ,,~: ! 't~(, 's. (~' F "~ l: :::-= ~~-~, c ~.~ - .ijo ClI:I ~ '" ,,,", TOGETHER with &11 appurtenances thereto aad all the estate aad rigbts 01 the Mortgagor in aad to .u~h pmperty or in anywise appertaining tbereto; ..11 buildings aad other stntctu~s new or herrealLer Ihereon erected <?r installed. and aU fixtures &11<1 uticles of p~rson&i property now or herealter .nached to. or used in. or in Ibe operatIon of. any such land. buildings Dr structures wbicb are necessary to the complete use and ,occupancy of s~ch buildIngs or structures. for the purposes for which they were or are to be erected or instaUed. inClUdIng. but not UmUed to, all heaung. plumbIng. bathroom, Ugbting. cooking. laundry. ventilating. refrigerating, incinerating and air-conditioning equipment and t1xtures. and all replacements thereof and additions thereto. wbether or noe the same are QI' shaJJ be at~hed to such land. bUildings or structures in any lIl&nDer: . TOO ETHER with any and &11 awards now or bereafter made for the taking of the property mortgaged bereby. or any part thereof (including aay euementl by the exercise of the power of eminent domain. including any award for change of grade of any street or other roadway. which awards are hereby assigned to the Monga[tee and an deemed a pan of the propeny monlCaged hereby. and the Mongaltee is hereby authorized to collect and receive tho proceed~ 01 such awards. to give proper receipts and acquittances Iherefor. and to apply the same toward the payment of the Indebted. ness secured by this Mongage. notwirhstanding Ihe lace that the amount owin~ thereon may not then be due and pay. able: and the MonLtal{or hervby a!Crees. upon requesL to make. execute and dehver any and all assijtnments and other instruments sufficient for the purpose of &lsilming each such award to rhe Mongagoe. lree. clear and discb&rged of any encumbrances of any kind or, nature whatsoever: and TOOETHER with aU rilthl, tiUe and interest of the Mongagor In and to the land lying in the.streets and roads In front of and adJtlining the above described land (1\11 the above described Il\nd. bulldinjts. other structures. fixtures. articles 01 personal propeny. award. and other ri~hts and interests being hereinalter collectively caUed the "mortgaged pro- peny"), . TO HA VE AND TO HeLD the mortg"ged property and every part thereof unto the Mortgage.. Its succe..ors and as. 115:"5 forever for the purposes and uses herein sot forth. AND tho :..tortgllgor rur\hor COVEi:C ,t.. !\.nd Ilgrccs wI;' ho MortI(IlI(Ce."~ !'Jl!o>\lfl!l: o.R~613).I'i1\..[ . ~ 1. Tho Mort~IlKnr wll promptly P,I\: tho principal ';1 li,ld Interel- on tho Indob~(_ ~nc!l!l ovldenced 1\y tho Noto, other charlto!l l\nd ind htedne!ls proviued thoroin a.nd In 'his Mort ago. ILt tho times u.nd in tho m"n'lll~:r i're~l.ded Now and in this MortgU.lCe. - 2. Tho Mort~al(or will pay when due. as herelnaHor providod. all jtround rents. It Any. and all tax~. asse..S -water rates and other govornmental chan..~s. (ines and ImpolliUons. of every kind and nMure whatsoever. now 0 af\.er Impo!lf!d on tho mortl:l\"ed proporty. or any pl\rt thoreof. and will pay when duo ovory amount of indeb .ecurod by any lien to which tbe l1en of this Mortgage Is expreesly subject. 3. This Mortga"e and the Note wero executed and delivered to secure moneys advlLnced In full to tho Mortlfa the Mortl(lI.~oe as or on acc;,ouqt pl' 10"'1\ c:videnced by the Note....cor the purpose of making theimr.rovomClnts de orroferrcd to In the RenaD~~~tat~on WOrK cont.l.act. dated12-12 .1985 .too mortgaged property. and for such other puryose, if any. described or referred to therein. which improvoments a In&t\.er collectively called "Improvements: The MortJ;al(or shall make or cause to be made all the Improve 11 the construction or inst:l.llation of the Improvements shall not be cllrried out with relLSonable 'dililtence. or s di.continued at any time for any reason. other thaa strikes. lock-outs, acts of Ood. fires. floods. or other simtlar trophies. riots. war or insurrectiOn. tho Mortgagee. after due notice to the Mortgagor. is hereby authorized (a) t upon the mortgaged property and employ IIony watchmen. protect the Improvements from depredation or injury preserve and protect such property. (bl to carry out any or all then existinjl; contracts between the Mortl{agor an parties for the purpose of mAking any of the Improvements. (c) to make and enter Into additional contracts an obligations for the purposes of completing the Improvements pursuant to the obligations of the MortJ;agor her either in the name of the Mortgali(ee or the Mortgagor, and (d) to pay and discharge all debts. obliptions and 111. Incurred by reason of any action taken by the Mortgagee as provided in this Paragraph. all of which amounts so the Mortgagee. with Interest thereon from the date of each such payment. at the rate of three percent (30/0) per shall be payable by the MortgaCOf to the Mortpgee on demand and shall be secured by this Mortgage. 4. No building or other structure or improvement. Clxture or personal property mortgaged hereby shall be or demolisbed without the prior written consent of the Mortgagee. The Mortgagor will not make. permit or suf, alteration of or addition to any building or other structure or Improvement now or which may herealter be er Installed upon the mortgaged property. or any part tbereof. except the improvements required to be made purs Paragraph 3 hereol. nor will tbe Mortgagor use. or s:ermit or sulCer the use of. any of the mortgaged property pw"pose other than the purpose or purposes for wbicb the same is now intended to be used. without the prior consent of the Mortgagee. The Mortgagor will maintain the mortgaged property 'in good condition and state 0 and will not sulCer or permit any waste to any part thereof. and will promptly with all the requirements of I state and local govemmeats. or of any departments. divisions or bureaus thereof. pertaining to such property part thereof. 5. The Mortgagor will not voluntarlly create. or permit or suffer to be created or to exist. on or aga.in~ tb~ mo property. or any part ther8of. a.ny lien sup-rior to the lien of this Mortgage. exclusive of the lien or lienS, if any. this Mortgage is expressly subject. as set for1h in the granting clause abOve. and will keep and maintain the sa trom the claims of aU' p~ies supplying labor or ma.terials which will enter into the constrUctioa or installa.tio Improvements. . I 8. <a) The Mortpgor will keep all buildings. other structures a.nd Improvements, Including equipment. now or which may herealter be ereeted or Installed on the land mortgaged hereby. insured against loss by fire hazards. casualties and contingencies. in such. amounts and manner. and for such periods. all as may be req\:ir time to time by the Mortgagee. Unless other.vise required by the Mortgagee. all such insurance shall be ef!e Standard Fire and Extended Coverage Insurance policies. in amounts not less than necessary to complj with sunnce clause percentage of the value applicable to the loca.tion and character of the property to be covered. insurance shall be carried in companies approved by tbe Mortgagee and all policies therefore shall be in su and shall have attached thereto loss payable clauses in favor of the Mortgagee and any other parties as shall factory to \he Mortgagee. All such policies and attaChments thereto shall be delivered promptly to the Mortga less they are required to be delivered to the holder of a liea of a mortgage or similar instrument to which this. is expressly subject. in which latter eveat. certificates thereof. sausfactory to tbe Mortga.gee, shall be delivered ly to the Mortgagee. The Mortgagor will pay promptly when due. as.hereinalter provided. any and all premiums lwsW'~.;ci. .....1 Ul .."...j' C.o.:ioi i.. wuich p..,yli1Cli.t theuu{ is D.ut made rtOw tile depU..i-.s therefor req-.ared by tb. gage, promptly submit to the Mortgagee for examina.tion receipts or other evideace of such payment u sball 1 !actory to the Mortgagee. The Mortgagee may obtau' and pay the premium on (but shall be under DO obliptil so) every kind of insurance required hereby if the &Il1ount of such premium hu not been deposited u require< Mortgage. in which event the Mortgagor will pay to tole Mortgagee every premium so paid by the Mortgagee. (b) Ia the event of loss or damage to the mortgaged property. the Mortgagor will give to the Mortgagee immel tic. thereof by mail. and the Mortgagee may ~ake aId flle proof of loss if not made otherwise ~romptly by or c ofche Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make thereunder for such loss to the Mortgagor and the Mortgagee jointly. unless the amount of loss is payable fir holder of a lien under a mortgage or similar instrUment to which this Mortgage is expressly subject: and the il proceeds. or any pan ther-eof. if received by the Mortgagee. may be applied by thB Mortgagee. at its option. eitl: duction of the ladebledness hereby secured. or to tho restoration or repair of the mortgaged property damage event of foreclosure of this Mortgage. or of aay transfer of title to the mortgaged property in extingWshmen,l . indebtedness..,.ll right. Utle and interest of the Mortgagor in and to every such insurance policythea in enfe jecl to the rigbts and interest .of the holder of a.ny such prior lien. shall pass to the grantee acqUiring title to 1 pged property together with sucb policy and appropriate assignment of such right. title and Interest wbich made by th.~ortgagor. "T. <a) In order more fully to protect the security of this Mc)rtgage. the Mortgagor shall deposit with the Mort gether wtth::and.ln addition to. the payment of principal aad interest monthly on account of the Note secure unW the Note is paid in full. an amount of money equal to the total amount of (i) ground rents. if any. next . du.. (II) the prtlmiums next becoming due on the policies of fire and all other hazard insurance required by t gage with respect to the mortgaged property. (Iii) taxes. assessments. water rates and other govemmenta next becoming due on the mortgaged property (aU the foregoing amounts as estimated by the Mongagee &ad 1D a wrlUen noUce of such estimate by the Mortgagee to the Mortgagor from time tt' time). less all amounts tha ready have been paid therefor. divided by the number of calendar months to elapse before one calendar mont the date ~hen such ground rents. premiums, taxes. usessments. water rates and other governmental charge tively, w1l1 become due and payable. If any amount referred to la clauses (I) through (iii) hereof is required posited by the Mortgagor under a mortgage or similar instrUment having priority over the lien of this Mor MO,rtgagor shall make the deposits required by this Paragn.ph 7 only in the event of.the termination of such unoer the priur mortita~e or sim~l;.r instn:ml!nL The Mortjtap:or shall p:ive prompt notice. in writing. to the, of tbe occurrence of thl.t'4ast mentioned evenL All such amounts so deposited with the Mortgagee shall be h Mortgagee. or lUIy agent designated by It. in trust to be used only for the payment of such ground rents. 1 tu... assessments. water rates and other governmental charges. No interest sball be payable by the Mortgal! sum so deposited. (b) All amounts required to be deposited with the Mortftl'gee monthly In accordance with Para~raph 7 and the amount of principal and intefCst to ~e paid each nlonth on account of the Note. shll.ll be added tos:eth aggTegate amount thereot shall be paid by the Mortp:agor to the Monga~ee In a sin~le payment to be i\ppl Mortgagee on account of the indebtedness of the Morgagor pursuant to the Now and this :'w10rtgage (to the' .monies llre available from the amount so deposited). in the order. any provision of the Note to the contrar standing. u follows: " FIRST. to the,amount of such ground rents. If any, fire and other hazu.rd Insuranco premiums. taxes. all waler rates and other governmental chArges required to be paid under the provisions of this Mortgage. il sequence tho Mortgagoe nll"y exclusively determine; SECOND, to Interest due on the Note: THIRD, to the principal due oa the Note: t.nd FOURTH, lhe remainder to the la\.e charges. If any, referred to In the Note. . Any detlclency In the amount of any euch a~gregate monLhly payment shl\ll. unless pl\Id by the MOrtglllCor due date uf the neltt .uch dopo.it payablo. consUtute an eveM of defll.ult under thle :'w10rtgl\ge. and a" III any ell(l.:nrlJluru lnr InNIJrIlIlCO,.. \a.xes. IUVIUl>, .."""......."...". u....., ~.~, '"" . ,.UIU1~ tu Any provilllun of this MorlJ:I\J;~, , O.R.6137 PAGE 1:.9. . 22....~ls MorlJtI\c:e I\nd all the covon, 'Ia. a~om;:Jnta. terme and condlllone hcrlin contained .hAII be b,"~ing ~on and Inure 10, tho bellcfit of the M(Jrll:lu~,J a.ndtha hlllrs. 'h:~1l1 rt:pruscnlaUve5 and I~il(nll of tho MortJ:lI.l(or. and: to :lio -" e.lont pormlUl!d by Inw. every 5ubHUQU. I ownor of lhn morll.:a~cr\ property. and Imll bo blndinf.:' upon a.nd inure to tho bcnefll to lho Mortj!l\f.:'co a.nd iL'! Il!'iS1L,'Tl"L Jf tho MurtA'llA'or. a.s derincd herein. conlliats of two or moro p..rUI!5. this MonlCl\~e sha.1I constitute a JtTant Ilnd lIlortf.:'llj(e by all of them Jointly Ilnd soverally. And they ahllll be oblil{atod Jointly and ltCIverally under all the provisions hereof and under \he Note. "he word "MortA'''f.:'ee'' shall inclus. 'any person, corporation or other party who mll.Y from time \0 Ume be the holder of this Mortgll.f.:'c. Wherover u5cd horeln. the sin"u. Jar number shall include the plur:lI. the plural number shaJJ include the singular. and the uae of any gender .hall be applicable to all cenders wherever the acnse requires. IN WITNESS WHEREOF. thla Mongage haa been duly signed and sealed by the Mortgagor OD, or as of the day and year lirst above written. ~k1i-~' 9T ATE OF FLORIDA COUNTY OF PlNELLAS I HEREBY CERTIFY. That on \his l2thday 01 December · A.D. 19 85 . before me. the under signed authority, personally appeared Elizaheth Barnes and -, , ' lmI>>9!1fexknown to me to be the personxdescribed In and wllo executed the foregoing Instrument, aDd severally ack- nowledged the execution thereof \D be her free act aDd deed for the uses Md purpOSfJ$ therein mentioned. . WITNESS..,. ...d..d omelal....... da" ..0....1.. (q\, ~<.L . X -:'1;..',',' 0" ~Il.. .'\.:_ ~ ' 11 Notuj' PubUf , ...: . Notarv Publt 1t'~F\orlda , , 1dY commission expires Mv Co.nmWiI2D..hpjIll$ Noy....:~;.. J988, . 8~n~d Hau Tr..;v111in .In!t!,lr~(~,,IpC. , ';" ~ < \ ~'1 " ;''''~'. . ,~~"". . ,-,_j- .,10. . (_.., 'l, \ ,1,",",\,'11 ~nq \,J" DO 40 n("~ ' ",- _ 41 r}~:~ 11,:3 Int "- ,: co rl L!) M M H ~ . +J ' o.~ Q) Q) O+J <tl . ~ :> ~ Q) <tl o Q) rl C U <tl .n ' ~ co :::>'<j< r-- L3'<j< tJ1 ~ C 0 .,4 co C C . <tl 0 rl ' p.. p.. .. o +J C ~ ~ +J Q) ~ Q) Cf) <tl (l) rl p.. .' ':~)\.'...-o." " ,-' 0.",. ~:"\ C) t,-' /" ' r" .'C . , -' , I I' 'II,' 1< /(,). .' II Co, U I I 87007809 a.R, 6 ~ 0 ~ PAGE 1 ~ 5 6 Tot ,- 11- "~.'i-~e'~, ~ This agreement entered into this ~ day of ..JANU.l~R-~ 1981, between ELIZABETH BARNES, hereinafter called "Mortgagor" and the CITY OF CLEARWATER, Florida, hereinafter called "Mortgagee." MORTGAGE MODIFICATION AGREEMENT WHEREAS, Mortgagee is the Holder of a Mortgage to Secure a Loan for Rehabi- litation of Property executed by Mortgagor on December 12, 1985, and recorded in O.R. Book 6137, Page 56, Public Records of Pinellas County, Florida, and WHEREAS, said mortgage secured the payment of indebtedness incurred to pay for property rehabilitation under the provisions of the Rental Rehabilitation Loan Program authorized by Section 17 of the U. S. Housing Act of 1937, and the regulations promulgated thereunder, and WHEREAS, the parties hereto now desire to amend the terms of the aforesaid mortgage to conform to the requirements set forth in those regulations. NOW, THEREFORE, in consideration of the mutual covenants hereafter con- tained and intending to be legally bound thereby, the parties hereto agree as follows: 1. The property described in the mortgage referred to above shall not be converted to condominium ownership or any form of cooperative ownership not eli- gible to receive rental rehabilitation grant amounts for a period of ten (10) years beginning on the date on which the rehabilitation of the property is com- pleted. 2. The Mortgagor, his heirs and assigns, shall not discriminate against prospective tenants on the basis of their receipt of, or eligibility for, housing assistance under any Federal, State or local housing assistance program or on the basis that the tenants have a minor child or children who will be re- siding with them, except for a housing project for elderly persons, for a period of ten (10) years beginning on the date on which the rehabilitation of the property described in the above mentioned mortgage is completed. 3. The above two covenants shall be deemed to be covenants running with the land and a violation thereof be deemed a default in the terms of the mort- gage as amended causing the full unpaid amount of the indebtedness secured thereby to become due and payable as further provided in said mortgage. 4. During the repayment term of the note secured by the above mentioned mortgage, the Mortgagor may transfer ownership of the property described therein subject to that mortgage. Said transfer shall be subject to the approval of the Mortgagee, which approval shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have executed this agreement the and year first above written. 14 148&1117 72 40 TOTAL ~~~Jlt/d t({/Vf1h~ MOr~gOr day 1. 12JA87 S.... 6.tt atK WIT:~: -/f~(}'~ cr/X/)-n. ~J-/ ~rh:LE <,. /~ rX-k ~!J!...~~ 1/ j( " I' " .. -'I' I ('",,~i' 'don ":f- - " lei;. ,',f:" n ' \,,' ,~:) ,!! - ;-'-:. (J I'Ip.lEU t,;; :;;;I!'I,,:, i:'1_:JiiIU~ STATE OF FLORIDA COUNTY OF PINELLAS (SEAL) (SEAL) Mortgagor JAU Il 2 13 Pi" 'B'1 I HEREBY CERTIFY that on this ~ day of IAN UAR-L{ , 198-1, before me, a notary public personally appeared ELIZABETH BARNES, known to me to be the person described in and who executed the foregoing instrument, and ac- knowledged the execution thereof to be her free act and deed for the uses and pqrposes therein mentioned. WITNESS my hand and official seal the date aforesaid. ~ >'rtl ~ (Notary Public) Notary Public, State of Ronda My Commission Expires Sept. 7, 199\1 Bonded nru fro.,. hin 4 I,.aur'flce In.. '-- '.. '" ~ .. I ..' 'I .. RENTAL REHABILITATION PROMISSORY NOTE O.R.61 '77 o PAcr 60 of Case No: RRLP #116 Clearwater, Florida Amount: $7,000.00 December 12, 1985 FOR VALUE RECEIVED, the undersigned jointly and severally promise(s) to pay to the order of the CITY OF CLEARWATER, FLORIDA (herein called the "city"), or its 'successors or assigns, the sum of Seven thousand and 00/100 Dollars ($ 7,000.00 ), payable in installments as follows: One hundred ninety-four/44/l00 Dollars ($ 194.44 ) on February 1. , 2006 and a like amount on the 1st day of each month thereafter until paid in full. Repayment of this Note shall be without interest while the undersigned remains fee simple owner. Transfer of ownership shall constitute a default of these specific terms and will cause the full amount of this Note to become due and payable, or the City, at its option, may prepare an alternative Promissory Note requiring monthly payments of principle plus interest amounts not to exceed 8% per annum. Failure of the City to exercise these options shall not consti:tute a waiver of such default. The undersigned reserve(s) the right to repay at anytime all or any part of the amount of this Note without the.payment of penalties or premi ums . ' If suit is instituted by the City to recover on this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees and court costs. THIS NOTE is secured by a mortgage duly filed for record in pinellas County, Florida. DEMAND, protest and notice of demand and protest are hereby waived and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of its date. (SEAL) (SEAL) RRPN 9/12/84 SCHEDULE "An ..- ....