JAMES AND PEARLIE SEYMOUR
.1
I
SPECIAL WARRANTY DEED
----
THIS SPECIAL WARRANTY DEED, made this /~ day of July, 1993, by the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose post office
address is P. O. Box 4748, Clearwater, Florida 34618, hereinafter called the
grantor, to JAMES E. SEYMOUR, SR. and PEARLIE SEYMOUR, Husband and Wife, as joint
tenants with full rights of survivorship, whose post office address is 807 North
Jefferson Avenue, Clearwater, Florida 34615, hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of corporations.)
WITNESSETH: That the grantor, for and in consideration of the sum of
$17,005.00 and other valuable considerations, in hand paid by the grantee,
receipt of which is hereby acknowledged, by these presents does grant, bargain,
sell, alien, remise, release, convey and confirm unto the grantee, all that
certain land situate in Pinellas County, Florida, legally described as follows:
Lot 31, Block C. Jos. J. Eldridge Subdivision, according to the map
or plat thereof as recorded in Plat Book H-1, Page 85, of the public
records of Hillsborough County, of which Pinellas County was
formerly a part. o.o_/.':j,i>-:. ....:',.((..~. "'C'/'
/ ./ J i..-,' .
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
THAT grantor specially warrants title to said property and will defend the
same against the lawful claims of all persons whomever claiming by, through or
under said 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 above written.
ioner
CIT
By:
Attest:
This instrument was prepared by:
M. A. Galbraith, Jr.
City Attorney
P. O. Box 4748
Clearwater, Florida 34618
(!e :~tv
/2-0;'C;: C I
(2)/)
I I
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
/'
WITNESS my hand and official seal this /~ day of July, 1993.
p..RY PI,
0'" v~ OF"/C/"L NOT~R'f '.AI-
.' '0 KARIN OOMIIJII~WSKI .
l It COMMISI/ON N.!JM. ~I!A
~ . ~ CC2S21U
(:' 0 oq:. MY COMM/IIIO" ~:.tij.
F F\. JAN, .23 1!~gi' .
~k
Pint Type Name:
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this
IS
da of July, 1993.
p..~y PU(J. OFFICIAL r!C':',~~\I SUI.
:\. Y !<.AREN DOMBROWSKI
I \~ COMMISSION MUMBIR
<' CC252129
b<f MY COMMISSION l!XP.
OF F\: JAN, 2319i7
Approved as
and correctness:
~
M. A. Gal raith,
City Attorney
@
This Instrument Prepared by;
M. A. Galbraith, Jr.
Addr...: Ci ty Attorney
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
. Property Appraisers Parcel Identification (Folio) Number(s):
Return to: (enclose self.addl'l!ssed stamped envelope)
Name:' CITY (,l.E.RK
. C.i. Ly of ClcClrwater
Addr...: ~. O. Bv\.. .4 748
,G{ear~?atQr, FI. ]/1618
I
4745
09/29/15/25542/003/0310
SPACE ABOVE THIS LINE FOR PROCESSING DATA
l MOR,TGAGE
INST # 93-204454 I
JLY 19, 1993 12:45PM
-------- --.--.----
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RAMeo FORM RE6-1/2
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PINELLAS COUNTY FLA.
OFF.REC.BK 8340 PG 1575
SPACE ABOVE THIS LINE FOR RECORDING DATA
ar.l1fs 1JnbtntUtt_ Made this 16th day of July , A.D. 1993 ,
iStttUttu James E. Seymour, Sr. and Pearlie Seymour, husband and wife
called the Mortgagor s , and CITY OF CLEARWATER, FLORIDA called the Mortgagee
BitUtlilidJr. That the said Mortgagor , for and in consideration of the sum of
Fifteen Thousand and-----------NO/lOO' s--------_____________ D II
o a,rs,
them in hand paid by the said Mortgagee , the receipt whereof is hereby
acknClWledged, have granted, bargained and sold to the said Mortgagee its heirs
and assigns forever, the following described land, situate, lying and being in the County of Pine 11 as
State of Florida , to-wit:
Lot 31, Block C, JOS. J. ELDRIDGE SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book H-l, Page 85, Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a part.
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10
03
91
A. THIS IS A PURCHASE MONEY FIRST MORTGAGE AND SHALL NOT BE SUBORDINATE TO ANY FUTURE
LIEN OF A MORTGAGE.
B. MORTGAGORS SHALL HAVE THE PRIVILEDGE OF PREPAYING THE DEBT WHICH THIS INSTRUMENT
SECURES, IN'JWHOLE OR IN PART, AT ANY TIME, WITHOUT PENALTY.
and the said Mortgagor do hereby jully warrant the title to said land, and will defend the same aga,inst
the lawjul claims of all persons whomsoever.
Jlrllufbtb .A1tU8UIi. That if said Mortgagor , their , heirs, legal representatives or
assigns, shall pay to the said Mortgagee its legal representa,tives or assigns, a, certain promissory
note, a copy of which is on the reverse side hereof, and shall perform and comply with each a,nd every stipula,tion,
agreement and covenant of said note and of this Mortgage, then this Mortgage and the estate hereby created sha,ll
be void, otherwise the same shall remain injullforce and virtue. And the said Mortgagor covenant to pay
the interest and principal promptly when due; to pay the taxes and assessments on sa,id property; to ca,rry
insurance againstfire on the building on said landfor note less than $p1ULL INSURABLE VALUE approved by
the Mortgagee , with standard mortgage loss clause payable to Mortga,gee ,the policy to be held by the
Mortgagee , to keep the building on said land in proper repair, and to waive the homestea,d exemption.
Should any of the above covenants be broken, then said note a,nd all moneys secured hereby shall, without
demand, if the Mortgagee its legal representatives or assigns, so elect, a,t once becmne due a,nd
payable and the mortgage be foreclosed, and all costs and expenses of collection of said moneys with or without
suit, including a reasonable fee for the Mortgagee attorney, shall be pa,id by the Mortgagor s , a,nd the same
are hereby secured.
.JU .itUtlili BJrtrtllf. The said Mortgagor s hereunto set thei r hands and seals the day and
year first above written.
Sign
Linda Alban~
Printed ~ame ~
COmAl 'tOlD !mE ca.'
OF CLEARWATER
Phone 442-9671
501 S. Ft. Harrison, Suite 203
CLE)~i\"V,\TE'/. f-LORIDA 34616
/a-?~"
~~-~~~ [g
James E. Seymour, Sr.
Printed Name
807 N. Jefferson Av. , Clearwater, Fl. 34615
Post Office Addres~
,
w
Pearlie
Printed:> ame
807 N. Jefferson Av., Clearwater, Fl. 34615
P""t Office Ad,lre,.
SS# 261-75-0508
-
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KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~
known to me to be the person ~ described in and who executed the foregoing instrument, who acknowledged before me that thE!Y
executed the same, that I relied upon the following fonu~ of identification of the above-named person :
Florida Drivers Licenses ' -
and that an oath (wasXv'811llllt) taken.
PINELLAS COUNTY FLA.
OFF.REC.BK 8340 PG 1576
STATE OF
COUNTY OF
FLORIDA
PINELLAS
)
)
I hereby Certify that on this day, before me, an officer duly authorized
to administer oaths and take acknowledgments, personally appeared
JAMES E. SEYMOUR, SR AND PEARLIE SEYMOUR" husband and wife
NOTARY RUBBER STAMP SEAL
County and State last aforesaid this
A.D.19(j:3
LYNN HOFFSlETTER
Notary Public. Stale of Florida
1-1,:, ~'.:,11, :xp. Dec. 17. 1994 . No. CC063453
.,.c,lded thru Notary Public Underwriters
$15 ,000 .00
FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay
CITY OF CLEARWATER, FLORIDA
Clearwater
July 16
to
Florida
, 1993
, or order, in the manner hereinafter specified,
the principal sum of Fifteen Thousand and_________________________________________NO /100 DOLLARS
($ 15 ,000.00 ) with interest from date at the rate of 8% per cent. per annum on the balance from time to time remaining unpaid.
The said principal and interest shall be payable in lawful money of the United States of America at Fortune Savings Bank,
loan servicing agent or at such place as may hereafter be designated by written notice from the holder to the maker hereof, on
the date and in the manner following: $148.13 per month including principal and interest at 8% per annum
shall be due and payable September 1, 1993, and the same on the first day of each succeeding
month thereafter for 180 months, or until such time as the entire principal balance is fully
paid; if paid sooner.
All payments are to be made at:
Fortune Savings Bank
P. 0, Box 628077
Orlando, Florida 32862-8077
This Note carries with it a 15 day grace period. Any payment not received by loan serv~c~ng
agent within 15 days of the due date shall require payment of an additional 10% of the payment
amount due as a late charge.
This note with interest is secured by a mortgage on real estate, of even date herewith. made bv the maker hereof in favor of the said
payee, and shall be construed and enforced according to the laws of the State of Florida. .
If default be made in the payment of any of the sums or interest mentioned herein or in said mortgage, or in the performance of
any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall at the option of the
holder hereof become at once due and collectible without notice, time being of the essence; and said principal sum and accrued interest
shall both bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida, Failure to exercise
this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default,
Each person liable hereon whether maker or endorser, hereby waives pr'esentment, protest, notice notice of protest and notice of dis.
honor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this note or default
hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage.
Whenever used herein the tenus "holder", "maker" and "payee" shall be construed in the singular or plural as the context may
require or admit.
Maker's Address
~~~a~~E~r~ert7r~~%1!~~~Y8
~~e~.~.S~yiii%~~~!.:..$.R~......................................(SEAL)
SS~F
...................................................................................................... ( SEAL)
I sl PEARLIE SEYMOUR
p.Ersrti:e-"Se-ym-aur... ........ ........... .................................... ..... ( SEAL)
$ sJL......,.,..,...."."..~~~.8J-2...CV;.,.....JI7-1.9-9.J.....:c./1 ~E'A~),
01 IND-
HECOROiN6
riOC. t;"I.AMp ('ill L~r'.l '. "illS'
U "''' "'",... ...'wilVI'.(
~INTAN6rBLE fAX
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...
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Lot ttJ..r\ RI d. "f i:.N1Jth~tU:
CHAi~'Jbt. ;
':rUr UL;'
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RAMCO FORM 53
I
I
,ECEIVED, the undersigned, (jointly and severally, if more than one)
CITY OF CLEARWATER, FLORIDA
Clearwater
July 16
promises to pay to
, or order, in the manner hereinaf
Fifteen Thousand and-----------------------------------------No 11m
;h interest from date at the rate of 8% per cent. per annum on the balance from time to time rema
interest shall be payable in lawful money of the United States of America at Fortune Savings I
agent or at such place as may hereafter be designated by written notice from the holder to the mak
nner following: $148.13 per month including principal and interest at 8%
j payable September 1, 1993, and the same on the first day of each
r for 180 months, or until such time as the entire principal balan<
Joner.
~ to be made at:
Fortune Savings Bank
P.O. Box 628077
Orlando, Florida 32862-8077
~s with it a 15 day grace period. Any payment not received by loaT
days of the due date shall require payment of an additional 10% of
late charge.
terest is secured by a mortgage on real estate, of even date herewith. made bv the maker hereof in favol
trued and enforced according to the laws of the State of Florida.
Ie in the payment of any of the sums or interest mentioned herein or in said mortgage, or in the per
:ontained herein or in said mortgage, then the entire principal sum and accrued interest shall at the 0
t once due and collectible without notice, time being of the essence; and said principal sum and accl
from such time until paid at the highest rate allowable under the laws of the State of Florida. Failur,
stitute a waiver of the right to exercise the same in the event of any subsequent default.
~ hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and n
all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this no
I mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage.
erein the terms "holder", "maker" and "payee" shall be construed in the singular or plural as the ,
Maker's Address J~~y~if~~....~~~..........~.:m..
n~r ~ ep t~r j~th !~~~Y8 ~~.!~'CJ.~~f:.l ~....~.~.1(?<..~.2...................................
'-1:' , \ /~ ,
......................................................................... p.e-arWe.'. ~m-ou~:-:~~...................
S s#..2..6.!::....Z5:::....{2S.0.S..................................
201. Deposit or earnest money
?O~~erI~(!ipal'arriolJnt of new loan(s)
203. Existi~g loan(s) taken subject to
2Q4,.....
205.
206,
207.
2OQ<,
209.
4 '/ ~ . '/0
-~~--.:.t"'-
,.? UMtl No <::~U<::.ULbo
A. / U.S. DEPARTMENT OF HOUSING AND URBtN DEVELOPMENT
" SETTLEMENT STATEME~
B.
YPE OF
LOA N
'$<",-
o FHA
o FMHA
3. 0 CONV UNINS
VA
CONV. INS.
6. FILE NUMBER
7. LOAN NUMBER
Yj- i ">Y~lI)
8. MOATGAGE INS. CASE NO
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "(p,o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals.
D.NAMggR~~9:~~d~l;fl:?,; JAMES E. SEYMOUR. SR. and PEARLIE SEYMOUR, husband and wi te
AODREsS'OFSORROWER: 807 NORTH JEFFERSON AVENUE. CLEARWATER. FL 34610-4318
E. NAME OF SELLER:
ADDRESS OF SELLER:
CITY OF CLEARWATER. a municipal corporation
POST OFFICE BOX 4'148. CLEARWATER. Fr.. 34616-4'/48
F.NAMEpFLENDERl CITY OF CLEARWATER . FLORIDA
.., . . .i~ii1:,;;,;!',~;9.~~qFFI9E BOX 4748
,i~,~:':;j'i,~iCLEARW'ATER. FL 34616-4748
G.PROPERTY LOT 31. BLK. C. JOS. J. ELDRIDGE SUBDIVISION
LOCATION: 1002 NORTH GARDEN AVENUE
CLF.ARWATER. F'IIOR IDA
$T~J:. J3,ONDED TITLE CO. OF CLEARWATER
\f,.~pq'fH FT. HARRISON, SUITE 203
:;'\;c'~~~rwat.~r. FLORIDA 34616"
I. SETTLEMENT DATE: auJ v Jb, ] yen
SUMMARY OF BORROWER'S TRANSACTION
lQ1. COntracfsaJesprice
102. Personal property
103. Settlement charges to borrower;
.... {fl9mllfli!1400J
104.
~, ,~"
105:
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
1~.,C!~y/t9Yo!f)J~E!~. to
107. County taxes to
,.;JQ~~~~~~~n.ts,to
401. COntract sales price
402. Personal property
403.
351.64
404.
405,
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406, City/town taxes to
407. County taxes to
408. Assessments to
409.
410.
411.
412.
120. GROSS AMOUNT DUE FROM BORROWER:
..
1'/ ,356.64 420. GROSS AMOUNT DUE TO SELLER;
II ' I
501. Excess deposit (see instructions)
15.000.00 502, Settlement charges to seller (line 1400)
503. Existing loan(s) taken subject to
504. Payoff of first mortgage loan
505. Payoff of second mortgage loan
506. Purchase Monev Mta
507.
508.
509.
..
['/.OO~).OO
II ' I
15,000,00
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town taxes to
,~'!r21W:Co(Jnty't~xes 0111/ 93 to 0., 116/ 93
212. Assessments to
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes to
280.99 511. County taxes 01/1/93 t6)'/I 16/ 93
512. Assessments to
513.
514.
515.
516,
517.
518.
519.
520. TOTAL REDUCTIONS
16.280.99 IN AMOUNT DUE TO SELLER: ~
280,99
214.
'215:
216.
220. TOTAL PAID BY/FOR
BORROWER:
15.'/60.69
'1
301. Gross amount due from. borrower (line 120)
302. Less amount. paid by/for borrower (line 220)
601. Gross amount due to seller (line 420)
602, Less total reductions in amount due seller (line 520)
303, CASH ~ 0 FROM) (0 TO) BORROWER;
1.0'/5. bo 603. CASH
(tJ TO)
(0 FROM) SELLER:
~
1,:244.31
8/89
.
904.398.8615
~ 58.4.3538.000.'
H U D-l (3.86)
, r RESPA, HB 4305.2
L... SET T L E MEN T
.700. TOTAL SALES/BROKER'S COMMISIION:
. BASED ON PRICE $
CHARGES
..
@ %=
~
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
DIVISION OF COMMISSION (LINE 700l AS FOllOWS:
701 $"v"{
-;~{otf..{
,1~03,.;g~m{l!IS~!p~e~iq ~t~tt1ement
704.
to
to
800. ITEMS PAYABLE IN CONNECTION WITH lOAN
1100. TITLE CHARGES:
1101. Settlement or closing fee to
1102. . Abstractor title search. to
1103. Title examination to
119.tl/TI1Ie!9~~{W1ce,~ind~ to
1105. Document preparation to
1106., Notari' 'fees to
1107. Attorney's fees to
(inc/udes above items Numbers:
tl~;TIUe Insurance to , Coastal
:U![;;tf".i1i 'If{lcJ~t!~~ ;apo~ items. Numbers:
1109. Lender's coverage $ 15 . 000 . 00
l1Jl9iiQWQ~f;'~~'rijg~:. $ 17. 005 . 00
1111.
COn!'\ta
Coastal
Coastal
.0.
Co.
Co.
I . 0
50.00
:~5. 00
i~!~!J;tQ,~!Q(lglnatlon fee %
802. Loan Discount %
#fR'IPrlari'lifeeto:'
B04..GreditReport .to:
,:~~~(lij$f~;:i~~peal()nfee
806..~?:rtg~ge Insurance application fee to
QQn~sympti9n fee
8OB.
869>
810.
.81t:
. \.~l..:.Jnte.~;f'<m1!::]!:QJ 16 93
902. Mortgage insurance premium for
~;;lln~:t~_'{fliiulari~:prem.....Iu.. ..m.. ........for
>t\,:r~'(~"""," ")<,~~"->"~;>\' -<~"":> ""c.',,"",t < ",',
904. Flood Insurance Premium for
'90S '.,
(;,. ",,;.
@ $ 3.29
/day
52.64
1
1
1000. RESERVES DEPOSITED WITH lENDER:
:100.1~Baw.<tiltl$QraIlCt,i(ii,!:,'
,.!g~~:tl~.o~~,a,,~~);~~Wa,~ig~
;~~;;e!tY'W9pertY',t~)(~~"
1004.. 9quntypr9p.~rt~ taxe,s
lOO~.An!'l~I:,~~$~;i:lt$.,
1006. Flood Insurance
00 ,. ":
1 . 7".'4''':;'
1008.
mOn1hs@ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
per month
per month
per month
per month
per month
per month
per month
er month
Bonded Title Co. of Clearwater
200.00
200.00
1?9'. ~~cordlngf~s: .Deeq$
1202. City/county tax/stamps:
1203. State taxistilmps: .
1204. Intanaibl e
1205.
; Releases $
Deed $
Deed $ 119.70
Tax to Clerk ot the
52.50
30.00
119. '10
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303.
1304.
1305.
1306.
1307,
1400. TOTAL SmLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
~
3;>1,64
4'/9. '10
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts
and disbursem made on my accou t or by me in this tra~action. I further certify that I have received a copy of HUD.1 Settlement Statement.
~~, ~
Borrowers
Sellers
Date all J v ] b .II.J\j:~
hIe No. 9j-l!:>9!:>6
IIngly make false . 'ements to the United States on this or any other similar form. Penalties upon conviction
"Tltl. 18 U,S, COda 1001 and S.,lIon 1010
Page 2
...
-
. .
~OliCY of Title Insuranc~
,,-r,..
Issued By
M 127-764209
TRW Title Insurance
of New York Inc.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE CONDI-
TIONS AND STIPULATIONS, TRW TITLE INSURANCE OF NEW YORK INC., a New York corporation, herein caUedthe Com-
pany, 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 such title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage;
7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material:
(a) arising from an improvement of VIIOrk related to the land which is contracted for or commenced prior to Date of Policy;
or
(b) arising from an improvement or VIIOrk related to the land which is contracted for or commenced subsequent to Date
of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mort-
gage which at Date of Policy the insured has advanced or is obligated to advance;
8. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule
A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee
free and clear of aU liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mort-
gage, as insured, but only to the extent provided in the Conditions and Stipulations.
TRW Title Insurunce
of New York Inc.
ATTEST
~~~
~~of.t-J
Secretary
Countersigned:
By a~GrJi'J~
Aut ~ ed OffIcer or Agent
3042
ALTA Loan Policy
with Florida Modifications
-
.. .............,..
(Ja^OO >!oeq ap!su! uo panu!IUo~)
j
.a5e5uow pamsu! alII Aq pamoas ssaupalqapu! alII
5u!aalUeJen5 JO 5upnsu! ^,ueJen5 JO aouemsu! 10 lOeJluOO
e Olluensmd ISaJaIU! JO alelsa aYI 10 lJed Aue JO lie saJ!nb
-oe YO!YM AI!leluawnJISu! leluawUJal\05 JO Aoua5e leluaw
-uJal\05 Aue (!!!) pue :spamsu! JossaoapaJd Aue Isu!e5e
a^ey Aew Auedwo~ aYI sasualap JO sly5p Aue 01 lOaf
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..
'MORTGAGE TITLE'INSURANCE FIoIJ'cy'
SCHEDULE A
Policy No. M
127-764209
Agent's File No.
93-15956
Issued Pursuant to Commitment No.
C 18-860181
Agent No. 3231
Effective Date of Policy:
July 19, 1993
12:45 PM
Amount of Insurance:
$ 15,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, its successors and/or assigns
2. The estate or interest in the land which is encumbered by the insured mortgage is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
JAMES E. SEYMOUR, SR., and PEARLIE SEYMOUR, Huspand and Wife, as
joint tenants with full rights of survivorship
4. The insured mortgage and assignments thereof, if any, are described as follows:
Mortgage executed by JAMES E. SEYMOUR, SR., and PEARLIE SEYMOUR,
Husband and Wife, to CITY OF CLEARWATER, FLORIDA, dated July 16,
1993, filed July 19, 1993 in O. R. Book 8340, page 1575, of the
Public Records of PINELLAS County, Florida, in the original principal
amount of $15,000.00.
5. The land referred to in this policy is described as follows:
Lot 31, Block C, JOS. J. ELDRIDGE SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book H-1, Page 85, of
the Public Records of Hillsborough County, of which Pinellas
County was formerly a part.
COASTAL BONDED TITLE CO. OF CLEARWATER
231
Mortgage Policy Schedule A
(Florida)
Rev. 2/91
ii~..
~
Lo~n PolicY .
Schedule B
. ~, '"
. M6RTG~GE TITLE INSURANCE POLICY
SCHEDULE B
Policy No.
M
127-764209
ITEMS 1,4,5, and 6 ARE DELETED
File No.
93-15956
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 rereafter 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 por-
tion 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.
256-90
Rev. 12/90
"~."
..
(b) After Conveyance of Title. The coverage of
this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness
secured by a purchase money mortgage given by a pur-
chaser from the insured, or only so long as the insured
shall have liability by reason of covenants of warranty
made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force
in favor of any purchaser from the insured of either (i) an
estate or interest in the land, or (ii) an indebtedness
secured by a purchase money mortgage given to the
insured.
(c) Amount of Insurance: The amount of in-
surance after the acquisition or after the conveyance shall
in neither event exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
(ii) the amount of the principal of the indebted-
ness secured by the insured mortgage as of Date of Policy,
interest thereon, expenses of foreclosure, amounts ad-
vanced pursuant to the insured mortgage to assure com-
pliance with laws or to protect the lien of the insured
mortgage prior to the time of acquisition of the estate or
interest in the land and secured thereby and reasonable
amounts expended to prevent deterioration of improve-
ments, but reduced by the amount of all payments made;
or
(iii) the amount paid by any governmental agency
or governmental instrumentality, if the agency or instru-
mentality is the insured claimant, in the acquisition of the
estate or interest in satisfaction of its insurance contract
or guaranty.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section
4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse
to the title to the estate or interest or the lien of the insured
mortgage, as insured, and which might cause loss or
damage for which the Company may be liable by virtue
of this policy, or (iii) if title to the estate or interest or the
lien of the insured mortgage, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the Com-
pany shall terminate with regard to the matter or matters
for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case preju-
dice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO
COOPERATE.
(a) Upon written request by the insured and sub-
ject to the options contained in Section 6 of these Condi-
tions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense
of an insured in litigation in which any third party asserts
a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this
policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object
for reasonable cause) to represent the insured as to those
stated causes of action and shall not be liable for and will
not pay the fees of any other counsel. The Company will
not pay any fees, costs or expenses incurred by the in-
sured in the defense of those causes of action which allege
matters not insured against by this policy.
(b) The Company shall have the right, at its own
cost, to institute and prosecute any action or proceeding
or to do any other act which in its opinion may be neces-
sary or desirable to establish the title to the estate or in-
terest or the lien of the insured mortgage, as insured, or
to prevent or reduce loss or damage to the insured. The
Company may take any appropriate action under the terms
of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any pro-
vision of this policy. If the Company shall exercise its rights
under this paragraph, it shall do so diligently.
3042
---
--.<<.;W""4I::~~1'-_..e"""""""~~ -........:....
I
CONDITIONS AND STIPULATIONS
(Continued from inside front cover)
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted
by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of 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 requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and
permit the Company to use, at its option, the name of the
insured for this purpose. Whenever requested by the Com-
pany, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or pro-
ceeding, securing evidence, obtaining witnesses, prose-
cuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable
to establish the title to the estate or interest or the lien of
the insured mortgage, as insured. If the Company is prej-
udiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured
under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished
to the Company within 90 days after the insured claimant
shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss
or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured 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 au-
thorized representative of the Company and shall produce
for examination, inspection and copying, at such rea-
sonable 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, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall
have the following options:
(a) To Payor Tender Payment of the Amount of In-
surance or to Purchase the Indebtedness.
(i) to payor tender payment of the amount of in-
surance under this policy together with any costs, attor-
1
nays' 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; or
(ii) to purChase the indebtedness secured by the
insured mortgage for the amount owing thereon together
with any costs, attorneys' fees and expenses incurred by
the insured claimant which were authorized by the Com-
pany up to the time of purChase and which the Company
is obligated to pay.
If the Company offers to purchase the indebtedness
as herein provided, the owner of the indebtedness shall
transfer, assign, and convey the indebtedness and the in-
sured mortgage, together with any collateral security, to
the Company upon payment therefor.
Upon the exercise by the Company of either of the
options provided for in paragraphs a(i) or (ii), all liability
and obligations to the insured under this policy, other than
to make the payment required in those paragraphs, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To 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 obli-
gation to defend, prosecute or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY.
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, if applicable, the amount of insurance as defined
in Section 2(c) of these Conditions and Stipulations;
(ii) the amount of the unpaid principal indebted-
ness secured by the insured mortgage as limited or pro-
vided under Section 8 of these Conditions and Stipulations
or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage insured against
by this policy occurs, together with interest thereon; or
(iii) 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 en-
cumbrance insured against by this policy.
(b) In the event the insured has acquired the estate
or interest in the manner described in Section 2(a) of these
Conditions and Stipulations or has conveyed the title, then
the liability of the Company shall continue as set forth in
Section 7(a) of these Conditions and Stipulations.
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations.
8. 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, or otherwise establishes the lien
of the insured mortgage, all as insured, in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
(Continued on back)
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation, including litigation
by the Company or with the Company's consent, the Com-
pany shall have no liability for loss or damage until there
has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom,
adverse to the title or to the lien of the insured mortgage,
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.
(d) The Company shall not be liable for:
(i) any indebtedness created subsequent to Date
of Policy except for advances made to protect the lien of
the insured mortgage and secured thereby and reason-
able amounts expended to prevent deterioration of im-
provements; or (a) The Company's Right of Subrogation.
(ii) construction loan advances made subse- Whenever the Company shall have settled and paid
quent to Date of Policy, except construction loan advances a claim under this policy, all right of subrogation shall vest
made subsequent to Date of Policy for the purpose of in the Company unaffected by any act of the insured
financing in whole or in part the construction of an im- claimant.
provementto the land which at Date ofPolieywere secured-.- - . The GompanyshaHbe subrogated to and be entitled-
by the insured mortgage and which the insured was and to all rights and remedies which the insured claimant would
continued to be obligated to advance at and after Date have had against any person or property in respect to the
of Policy. claim had this policy not been issued. If requested by the
Company, the insured claimant shall transfer to the Com-
pany all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, com-
promise or settle in the name of the insured claimant and
to use the name of the insured claimant in any transaction
or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover
the loss of the insured claimant, the Company shall be
subrogated to all rights and remedies of the insured claim-
ant after the insured claimant shall have recovered its prin-
cipal, interest, and costs of collection.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the in-
debtedness secured by the insured mortgage, provided
the priority of the lien of the insured mortgage or its en-
forceability is not affected, may release or substitute the
personal liability of any debtor or guarantor, or extend or
otherwise modify the terms of payment, or release a por-
tion of the estate or interest from the lien of the insured
mortgage, or release any collateral security for the in-
debtedness.
When the permitted acts of the insured claimant oc-
cur and the insured has knowledge of any claim of title
or interest adverse to the title to the estate or interest or
the priority or enforceability of the lien of the insured mort-
gage, as insured, the Company 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 Com.
pany by reason of the impairment by the insured claimant
of the Company's right of subrogation.
Jj;;tThe.C_ompany's Rights AgainstNon-lnsur.ecl.-
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.
The Company's right of subrogation shall not be
9.
REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
(a) All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall reduce
the amount of the insurance pro tanto. However, any
payments made prior to the acquisition of title to the estate
or interest as provided in Section 2(a) of these Conditions
and Stipulations shall not reduce pro tanto the amount
of the insurance afforded under this policy except to the
extent that the payments reduce the amount of the in-
debtedness secured by the insured mortgage.
(b) Payment in part by any person of the principal
of the indebtedness, or any other obligation secured by
the insured mortgage, or any voluntary partial satisfac-
tion or release of the insured mortgage, to the extent of
the payment, satisfaction or release, shall reduce the
amount of insurance pro tanto. The amount of insurance
may thereafter be increased by accruing interest and ad-
vances made to protect the lien of the insured mortgage
and secured thereby, with interest thereon, provided in
no event shall the amount of insurance be greater than
the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary
satisfaction or release of the insured mortgage shall ter-
minate all liability of the Company except as provided in
Section 2(a) of these Conditions and Stipulations.
10. LIABILITY NONCUMULATIVE.
_lithe ins.ure_d<!c.quirestitleto_t!le estiiteQr intS!.reJ>t-.c
in satisfaction of the indebtedness secured by the insured
mortgage, or any part thereof, it is expressly understood
that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken
in Schedule B or to which the insured has agreed, as-
sumed, or taken subject, or which is hereafter executed
by an insured and which is a charge or lien on the estate
or interest described or referred to in Schedule A, and the
3042
I
CONDITIONS AND STIPULATIONS
(Continued from inside back cover)
amount so paid shall be deemed a payment under this
policy.
11. 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.
12. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
POLICY OF TITLE INSURANCE
TRW Title Insurance
of New York Inc.
6800 College Blvd., Suite 700, Overland Park, Kansas 66211
Area Code 913 491-5585
----,
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avoided by acquisition of the insured mortgage by an
obligor (except an obligor described in Section l(a)(ii) of
these Conditions and Stipulations) who acquires the in-
sured mortgage as a result of an indemnity, guarantee,
other policy of insurance, or bond and the obligor will not
be an insured under this policy, notwithstanding Section
l(a)(i) of these Conditions and Stipulations.
13. 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 Date of Policy shall be
binding upon the parties. The award may include attor-
. rieys' feesonlyifthe laws of the state in which-the land
is located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an ar-
bitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Com-
pany upon request.
14. 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 lien of the insured mortgage or of the title to the
estate or interest covered hereby or by any action assert-
ing such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or 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.
15. SEVERABILITY.
In the event any provision of this 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.
16. 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 Kansas Corporate Head-
quarters, 6800 College Blvd., Suite 700, Overland Park,
Kansas 66211.
0_-': ~
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Commitment For Title Insurance
II~..
Issued By
C 18-8601 8 1
TRW Title Insurance
of New York Inc.
TRW Title Insurance of New York Inc., a New York corporation, herein called the company, for a valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule
A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment
of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or
by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall
issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF, TRW Title Insurance of New York !nc. has caused this Commitmentto be signed as of the effective
date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory.
Attest:
TRW Title Insurance
of New York Inc.
BY
~~~
ATTEST
~A(of~
SECRETARY
ALTA Commitment Form
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ALTA COMMrrMENT
- . Schedule A
-,
COMMITMENT FOR TITLE INSqRANCE
SCHEDULE A
July 1, 1993
Effective Date: 05 : 00 PM
93-15956
Commitment No. C 18-860181
1. Policy or Policies to be issued:
(a) ALTA Owner's Policy
$
Proposed Insured:
17,005.00
JAMES E. SEYMOUR, SR., and PEARLIE SEYMOUR, Husband
and Wife
(b) ALTA Loan Policy $
Proposed Insured:
15,000.00
CITY OF CLEARWATER, FLORIDA
2. Title to the estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
CITY OF CLEARWATER, a municipal corporation
3. The land referred to in this Commitment is described as follows:
Lot 31, Block C, JOS. J. ELDRIDGE SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 1, Page 85, of the
Public Records of Hillsborough County, of which Pinellas County
was formerly a part.
This commitment is invalid unless the Insuring Provisions
and Schedules A and B are attached.
105
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NM6 (10/85)
COMMITMENT FOR TITLE INSuRANCE
SCHEDULE 8-1
(REQUIREMENTS)
Commitment No.
C 18-860181
1. The following are the requirements to be complied with:
A. Payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate or interest to
be insured.
B. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable.
C. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed;
that contractor, subcontractor, labor and materialmen are all paid in full.
D. Instruments in insurable form which must be executed, delivered and duly filed for record.
E. Warranty Deed from CITY OF CLEARWATER, a municipal corporation,
to JAMES E. SEYMOUR, SR., and PEARLIE SEYMOUR, Husband and Wife.
F. Mortgage to be executed by JAKES E. SEYMOUR, SR., and PEARLIE
SEYMOUR, Husband and Wife, to CITY OF CLEARWATER, FLORIDA" in the
amount of $15,000.00.
Schedule B-1 consists of _ pages.
This commitment is invalid unless the Insuring Provisions
and Schedules A and B are attached.
111
Commitment Schedule B-1 (Florida)
Rev. 2/91
ii~..
1',
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COMMitMENT FOR TITLE INSU~ANCE
SCHEDULE 8-11
Commitment No.
C 18-860181
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by the Commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate
survey and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien or right to lien for services, labor or material, heretofore or hereafter furnished, imposed by law and not shown
by the public records.
6. 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.
7. 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 shcmn by the records of such agency or the public record.
8. Taxes for the year 1993 and thereafter, which are not yet due and
payable.
9. Subject to all municipal liens under F.S. 159.17.
Schedule B-II consists of _ pages.
This commitment is invalid unless the Insuring Provisions
and Schedules A and B are attached.
116
Commitment Schedule B.II (Florida)
Rev. 2/91
II~."
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall
be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment according-
ly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph
3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred
in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate excep-
tions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations, and the
Exclusions From Coverage of the form of policy or policies committed for in favor of the proposed Insured which
are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
3001
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.~ .,,;: -- ,,;-- .:
Commitment For Title Insurance
Issued By
TRW Title Insurance
of New York Inc.
170 Jericho Turnpike
Floral Park, New York 11001
3001