MAURICE THAYER
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..l1'~rm 114 F10rida WARRANTY DEED. 63581,SA TUTBLANX REGISTERED U.S.PAT.DFFICE
.Made this 29th day of October .11. D. 19 59
Between MAURICE B. THAYER, a single, unmarried man, of 517
Skyview Avenue, City of Clearwater, )': D
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of the County of Pinellas and State of Florida
part y of the first part, and CITY OF CLEARWATER, a municipal
11- corporation existint under the laws of the State of Florida '. "
havint its principal place of business in the County of Pinellas dfJ~
State of Florida party of the second part, ~~. ;~
;>';>
Witnesseth, that the said part y of the first part, for and in consideration
of the sum of Two Hundred Sixty Thousand ($260,000.00) Dollars
to him in hand paid, the receipt whereof is hereby acknowledted, ha s
tranted, bartained, sold, aliened, remised, released, enfeoffed, conveyed and con-
firmed and by these presents do es trant, bartain, sell, alien, remise, release,
enfeoff, convey and confirm unto the said party of the second part and its succes-
sors and assitns forever, all that certain parcel of land lyint and beint in the
County 01 Pinellas and State 01 Florida, more particularly
described as follows:
All of lots Two (2) and Seven (7) and the South Half
(S~) of the West One Hundred Twenty-One (121) Feet of
Lot One (1) and the South Thirty-Eight (38) Feet of the
East Eighty-Seven (87) feet of Lot One (1) and the South
Thirty-Eight (38) feet o.f Lot Eight (8) in Block Five (5)
of GOULD & EWING'S FIRST ADDITION TO CLEARWATER, FLORIDA,
according to the map or plat thereof as recorded in Plat
Book One (1) of Page fifty-two (52) of the public records
of Hillsborough County, Florida.
SUBJECT to reservations and restrictions of record.
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Together with all the tenements, hereditaments and appurtenances, with
every privilege, ritht, title, interest and estate, dower and ritht 01 dower, reversion,
remainder and easement thereto belontint 01' in anywise appertainint:
To Have and to Hold the same in fee simple forever.
And the said part y of the first part do es covenant with the said party of
the second part that he is lawfully seized of the said premises, that they are
free of all incumbrance, and that he has tood right and lawful authority
to sell the same;_and that.saidpartY _ Qlthe,firstpart doth hereby[ullywal'rant
.--- the title to said land, and will defend the same atainst the lawful claims of all
persons whomsoever.
In Witness Whereof, the said part y of the first part has hereunto
set his hand and seal the day and year above written.
Signed, Sealed and Delivered in Our Presence:
II _/p?:. ~:;r:. tV d. : / 't/. ~-'''4
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BAKER. & i~'
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State of Florida,
I
County of PINELLAS
I HEREBY CERTIFY, That on this 29th
A. D. 19 5~ before me personally appeared
MAURICE B. THAYER, a single, unmarried man,
to me known to be the person described in and who executed the foretoint
conveyance to CITY OF CLEARWATER, a municipal corporation,
and severally acknowledted
free act and deed for the uses and purposes
a. 7/3
B.~.739 ~AGt403
}
day of
October,
th~. execution thereof to be his
. "..th.~rein m,entioned.
CI) LiWJTNE~S my sitnatu;re and official seal at
'l.n~i1#e.County of P~nellas
year (iJst aforesaid.
Clearwater,
and State of Florida, the day and
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OPTION TO PURCHASE
MAURICE B. THAYER, a single ll1an, the Optionor, In
consideration of th.... of reA Dollars ($10.00) and other
good and valuable considerations received from CITY OF CLEAR-
WATER, FLORIDA., a..",icipaJ corporation, the Optionee, hereby
on th is J... 'fttday of Noveper, 1958, si yes the Opt i onee the
privilege of pttrchasing or .xChClft9ing property for, within the
time hereinafter stated, for the purchase price of Two Hundred
Sixty Thousand Dollars ($260,000.00), to be paid as hereinafter
provided, of which the consideration paid for this Option is
not a part, the following real property located in Pinel las
County, Florida, to-wit:
All of lots Two (2) and Seven (7) both
in Block 5;.and .the South Half (S1) of
the West 121 feet and the So~th 3~ feet
of the East 87 feet, both in lot One
(I), of Block 5' and the South 38 feet
of lot Eight (8), in Block 5, all of the
above deacrlb~d properties lying and
being in GOULD & EWING'S FIRST ADDITION
TO CLEARWATER, according to the Map or
plat the..eof as recorded in Plat Book I,
Page 52, Pub I ic Records of Hill sborough
County, of which Pinellas County was
formerly a part.
under the fol lowift9 terms and conditions:
(I) This Option shall continue in force for a period of
six (6) ~Rtha froll the date hereof and shall be exercised by
the del ivery, during said terM, of the sum of an additional
Ten Dollars ($10.00) by the Optionee to the Optionor, where-
upon this Option shall become an Executory Contract.
(2) It is understood that the. aforesaid purchase price
shal I be paid insofar as possible by Optionee to Optionor in
the form of real estate, iMProved with buildings thereon, which
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has an equivalent value to the purchase price. Included in
the real estate to be so exchanged is the following described
property: tI...t/.. of ""'I( ~t....t. ~(l.r~
Block Five (5)"of SARAH McMULLEN'S
SUBDIVISJON,ilceording to the map
or plat thereof, as recorded in Plat
Book I, Page 41, Publ i c Records of
Pi..llas Co.,,,ty less the East 50
feet thereof. Subject to the right-
of-way of the publ ic thoroughfare known
as Cleveland Street across the Northerly
portion of a....id block, and also subject
to the right-of-way of the p.bl ic thorough-
fare known as Park Street across the
Southerly portion of said block; and
Lots Eleven (II) and Twelve (12), Block
2, MAGNOLIA PARK SUBDIVISION, according
to the map or plat thereof as recorded
in Plat Book 3, Page 43, Publ ic Records
of Pinellas County, Florida.
(3) Optionee shall be credited on the aforesaid purchase
price with the sum of ORe Hwndred Twenty Five Thousand Dollars
($125,000.00) upon the conveyance to Optionor of a good and
.erchantable title, free and clear of al I encurabrances, to the
.fores.td property to be exchanged with Optionor. In addition,
Optionee shal I improve said property in accordance with plans
and specifications to be approved by Optionor, and shal I ex-
change other real and pe.rsonal property owned or to be owned
by Optionee. All such real and personal property, in addition
to that specifically described herein which is to be exchanged
with Optionor, is to be exchanged at its acutal cost to Optionee.
Any balance of said purchase price due Optionor shal I be paid
in five (5) eqUal annual installllents, including Interest at
the rate of five percent (5%) per annu., and shall be secured
by a First Mortgage on the property to be conveyed by Optionor.
(4) It isttnderateod that for all real property exchanged
under this agree.ent, each of the ulti.ate owners shall receive,
at the expense of the person conveying the same, either an
abstract of title certjfied to date of exchange or a cOmMit.ent
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for and, thereafter, an owner's title insurance pol icy
indicating that upon the exchange of such property, the
u I t imate owner wi I I recei ve a good and merch.antab let i tie
thereto.
(5) In the event this Option is exercised, the exchange
of prop~rj;J.. ahal I be :lIade ftot later than ninety (90) days
froll the date of the exercise of this Option, and al I improve-
_ents to any property exchanged shal I be completed, or its
comp I et ion secured by proper plans, spec if icat ions and bui I d-
ing contracts secured by perfor.ance bonds, within said time.
(6) This agreement shall be binding upon the heirs, per-
sonal representatives and assigns of the respective parties
hereto.
SIGNED, SEALED AND DELI VERED
IN THE PRESENCE OF:
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Maurice B. .ayer
STATE OF FLORIDA ~
COUNTY OF PINELLA$~
Before .e, the undersigned authority, personally
appeared MAURICE B. THAYER, who after being by me first
duly sworn on oath deposes and says that he executed the above
and foregoing Option to Purchase for the uses and purposes
therein set out.
Sworn to and subscribed before.e this ~day of
November, t958.
- .~.
Notary Public --
My Commission Expires:
No.tg"Y'.'Piil)"ik:," St9h~ of FJoridGi at large
M'( wmm.is<''''l_C(~'~'~S May 13, 1959.
:e..~rIt~~ oy Arn1:>r.ic<;ll'l~rety Co. of N. Y.
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~.~"-'" FUND Form 1 (OG) Page 1 ~
~ (Rev. 7-1-58) OPINION ON TITLE ~'"":S
~ ~
~ Rendered by ~
~ Lee L. Baker ~
[~ (Attorney or firm of attorneys) ~
@>1 10 ~
~ .9 Smoyer Building &1
~ (Address) ~
~ Clearwater, Florida ~
~ ~
~ and ~
~ ~
~ GUARANTEE OF TITLE (OWNER) ~
~ by ~
~ ~
~ Lawyers' Title Guaranty Fund ~
~ Qual'ified 'With and supervised by the Insurance Commi8sioner of Florida ~
~ ORLANDO, FLORIDA ~
~ C f ~
~ To: ity 0 Clearwater, a municipal corporation ~
~4@ (Owner) f<@
~ Clearwater, Florida ~
~ ~
~ (Address) ~
~ ~
~ Declared value of property: Effective date of this document: ~
~ $ 260,000.00 November 5, , 19~at 5 P. lVI. ~
~ Based on an examination of the certified abstract of title (or certified chain of title and an ex- ~
~ amination of the public records indicated thereby), and an examination of the public records sub- ~
~ sequent to the period covered by the abstract or chain of title, the undersigned, a member (or a ~
~ firm composed of members) of LAWYERS' TITLE GUARANTY FUND, hereby renders the above ~
~ named owner this opinion and advises that, in the opinion of the undersigned, the estate or interest ~
~ of the Owner in the real estate described in Schedule A of this document is the estate or interest ~
~ specified in said Schedule A, and further advises that, in the opinion of the undersigned, such estate ~
~ or interest of the Owner is free of all encumbrances, liens, and other objections, except such en- ~
~ cumbrances, liens, and ether objeetionsas are shown by Schedule B of this document. ~
~ ~
~ The effective date of this document is as above set forth. ~
~ ~
~ Signed: ~ f.~. Lee L. Baker (Seal) ~
~ ~
~ Date: Nov. 10. 1959 (Seal) f><@
~ GUARANTEE OF TITLE ~
~ ~
~ IN CONSIDERATION of the above named attorney at law (or firm of attorneys at law) having ~
~ qualified as and being a member (or members) of LAWYERS' TITLE GUARANTY FUND, LAW- ~
~ YERS' TITLE GUARANTY FUND (a business trust under the provisions of the Declaration of Trust ~
~ filed with the Secretary of State of Florida, at Tallahassee, Florida, on March 22, 1947, and any amend. ~
~ ments to the Declaration of Trust), subject to the conditions on page 3 hereof, guarantees to the ~
~ Owner named above, the Owner's legal representative, heirs, and/or devisees, that the estate or ~
~ interest of the Owner specified in Schedule A of this document, in the real estate described in said ~
~ Schedule A, is free of encumbrances, liens and other objections, except such encumbrances, liens
~ and other objections as are referred to in Schedule B of this documen.t; and, subject to the con- ~
~ ditions on page 3 hereof, will pay to the Owner all loss or damage, in an amount not to exceed ~
~ the amount of the declared value of the property, as stated above, the Owner may sustain be- ~
~ cause of encumbrances, liens or other objections on or to the estate or interest of the Owner that ~
~ are not excepted in Schedule B hereof. This guarantee shall become effective when the opinion ~
~ above has been duly signed and delivered by a member of LAWYERS' TITLE GUARANTY FUND. . _ ~
lB>1 IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to ~
~ be executed in its name by its executive secretary and its seal affixed, all by direction of its ~
~ Board of Trustees. ~
~ ~
~ r<@
~ LAWYERS' TITLE GUARANTY FUND ~
~ ~
~ ~/C ~
~ BY~ ... ~
~ ~
~ ~
~ Hewen A. Lasseter, Executive Secretary ~
~ ~
~ ~
~ ~
.!~!~!i!~! 226 - OG - 10~183 ~!~!~!&!~
FLORIDA PRESS, ORLANDO
FUND Form 1 (OG)
SCHE;D ULE '"
Page 2
1. The estate or interest of Owner covered by this document is:
Fee Simple
2. Record evidence of the Owner's title is: Warranty deed dated October 29, 1959
from Maurice B. Thayer, a single, unmarried man, to City of
Clearwater, filed for record on November 5, 1959 and thereafter
recorded inO. R. 739, at page 402 of Pinellas County records
3. The real estate on which this opinion is rendered and this guarantee. is given is located in
Pinellas County, Florida, and is described as: All of Lots Two (2) and
Seven (7) and the South half of the West One Hundred Twenty-one (121)
feet of Lot One (1) and the South Thirty-eight (38) feet of the
East Eighty-seven (87) feet of Lot One (1) and the South Thirty-eight
(38) feet of Lot Eight (8) in Block Five (5) of Gould & Ewing's First
Addition to Clearwater, Florida, according to the map or plat thereof
as recorded in Plat Book One (1) on page Fifty-two (52) of the public
records of Hillsborough County, Florida, of which Pinellas County,
Florida, was formerly a part.
(Schedule A may be continued on page 4 hereof. If so continued, indicate that fact here.)
SCHEDULE B
This opinion and guarantee. in addition to any exceptions in the description in Schedule A 3
above and the conditions on page 3 hereof, are subject to the following encumbrances, liens and
other objections:
1. All taxes for the year of the effective date of this opinion and. guarantee, unless noted here
that such taxes have been paid.
2. Rights of persons in possession, other than the Owner.
3. Facts that an accurate surveyor personal inspection of the property disclosed or would
have disclosed.
4. Unrecorded labor, mechanic, or materialman liens.
5. Zoning and/or other restrictions and prohibitions imposed by governmental authority.
6. Restrictions, easements and reverter rights (if mr,y, copy or make accurate. reference to them; ~f
none, so state):
None
6 (a) Subject to the right of Thayer Motor Co. to possession
of the premises for a period of 120 days from the date
of the entry of that certain decree dated October 29, 1959,
entered in the suit of the City of Clea~ater against
Maurice B. Thayer et aI, which is of record in O. R. 737,
page 588 in the Clerk's office of the Circuit Court of
Pinellas County, Florida, and which was entered under
date of November 4, 1959.
(Schedule B may be continued on page 4 hereof. If so continued, indicate that fact here.)
I
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fUND Form 1 (OG,
,
Page 3
CONDITIONS OF THIS GUARANTEE
1. LAWYERS' TITLE GUARANTY FUND, hereinafter
termed "The Fund", shall have the right to, and will at its
own expense, defend the person, persons, corporation, or
association to whom this guarantee is issued., hereinafter
termed "the Owner" (which term shall include a lessee or a
purchaser under contract, if such is the interest guaranteed
as shown in Schedule A herein, and shall include the legal
representatives, heirs and devisees of the Owner but shall
not include a purchaser from the Owner), in any action of
ejectment or other action or proceeding founded' upon'a claim
of encumbrance, lien, or other opjection which ,existed or is
claimed to have existed prior ih date to the effective date on
Page 1 hereof and not excepted in the description of the pro-
perty herein, nor by Schedule B, nor by. these conditions;
reserving, however, a continuing coIption of settling the claim
or paying this guarantee in full; and the payment or tender
of payment to the full amount of this guarantee shall term-
inate all liability of The Fund hereunder. It shall be the
duty of the Owner promptly, upon learning of such a claim,
to give The Fund written notice thereof, addressing the
notice to LAWYERS' TITLE GUARANTY FUND, Orlando,
Florida, with full particulars, and in case any action or pro-
ceeding as hereinabove mentioned shall be brought, it shall
be the duty of the Owner at once to notify The Fund there-
of in writing, by addressing the notice as above set forth,
and The Fund shall have the right to defend such action or
proceeding in the name of the Owrter, in its own name, or
in such a manner as The Fund may elect and the law may
allow. If such notice of claim shall not be given with reason-
able promptness, or if notice of suit shall not be given to
The Fund, by addressing it in writing as above set forth,
within seven days after summons or other process in such
action or proceeding shall be served upon the Owner, then
all liability of The Fund in regard to said claim, or the sub-
ject matter of such action or proceeding, shall cease and
terminate; provided, however, that ~ailure to notify shall in
no case prejudice the claim of the Owner if the Owner is
not a party to such action or proceeding, nor be served with
summons therein, nor have any knowledge thereof. By under-
taking the defense of any action or proceeding, The Fund
shall not be deemed to have admitted liability hereunder,
nor shall it be thereby precluded, after complete investiga-
tion and ascertainment of all material facts, from questioning
its liability. The Owner, whenever requested by The Fund,
by its chairman, executive secretary, or attorney, shall aid
in effecting settlement, securing information and evidence,
the attendance of witnesses and in prosecuting appeals, but
shall not voluntarily assume any liability or interfere in any
negotiation for settlement of any legal proceeding, or incur
any expense or settle any claim, without the written consent
of The Fund previously given, except at the Owner's own
expense.
2. Nothing contained in this guarantee shall be construed
as guaranteeing against loss or damage: (1) resulting from
fraud on the part of the Owner; (2) by reason of the Owner
not being a bona fide purchaser for value; (3) resulting from
any act, condition or relationship created, suffered or per-
mitted by the Owner, but not disclosed by the public records
of the county where the property is located; (4) by reason of
the fact that the Owner contravened any bankruptcy law
in acquiring the estate or interest hereby guaranteed; (5) by
reason of any right of dower of the spouse, or homestead
~ights of the spouse and. dtildren of the Owner; (6) result-
109 from the refusal of anY' party to carry out any contract
to purchase, lease or lend money on the estate or interest
of the Owner; (7) by reason of the exercise or enforcement
or attempted enforcement of any governmental police power
or any right of eminent domain over the property hereby
guaranteed or (8) resulting from any encumbrance, lien or
other objection arising after the effective date of this guar-
antee.
3. If the interest shown in Schedule A-I herein is a
l~asehold ~his guarantee is subject to all terms and condi-
tions of saId lease as described in Schedule A-2 and the limit
of the liability of The Fund under this guarantee shall be:
(1) The fair and reasonable value of the leasehold in ex-
cess of the rent paid or to be paid for that part of the term
of the lease that is unexpired . at the time an adverse claim
on which the Owner's right of recovery under this instrument
~s established, and (2) the fair and reasonable value of any
Impr<?vements purchased or made by the Owner on the leased
premIses and authorized by the lease, which said improve-
ments, if they partake of the nature of real property, for the
purpose of this guarantee, shall be considered as real and
not personal property, and (3) the items provided for by
paragraph 8 of this guarantee, provided, however, that under
no circumstances shall liability of The Fund under (1) and
(2) of this paragraph exceed the declared value as shown on
Page 1 of this guarantee. If the interest shown in Schedule
A-.1 herein is that of purchaser under contract of sale, then
thIS guarantee shall be subject to all the terms and conditions
of the contract of sale.
. 4. Notwithstanding any language to the contrary typed
WIth the description in Schedule A-3 herein, nothing contain-
ed in this guarantee shall be construed as guaranteeing (1)
title to personal property even though the same may be at-
tac~ed t.o, or used in connection ?rith the real property de-
SCrIbed 10 Schedule A-3; (2) the tItle or rights of the Owner
in any property beyond the boundaries of the property de-
scribed in Schedule A-3 of this guarantee, or in any streets,
roads, lanes, alleys or other ways in or upon which said pro-
perty abuts, or to tide lands, or lands comprising the shores
or bottoms of navigable waters, or lands beyond the harbor
or bulkhead lines as established by governmental authority;
(3) riparian or littoral rights, or (4) title to filled in lands un-
less, following the description in Schedule A-3, a specific
statement shall be made that said property in whole or part
comprises filled in land and title thereto is guaranteed under
this guarantee, notwithstanding any condition provided on
Page 3 of this guarantee.
5. No claim for damages shall arise under this guaran-
tee except under the several provisions and conditions of this
guarantee, and then only after an encumbrance, lien or other
objection not excepted in the description of the property
herein, Ol'in Schedule B or excluded by the conditions of
this guarantee.has be ell adjudged by. a, final determination
in a court of competent jurisdiction to be valid and effectual
to charge the real property described in Schedule A of this
guarantee. In litigated matters, The Fund shall always have
and be entitled to exercise the right of appeal to a court of
last resort and so long as the right remains open to it, there
shall not be deemed to have been a "final determination" of
the questions at issue, Provided, however, if the decision of
the trial court be adverse and of such a character as to re-
quire supersedeas for the protection of the Owner pending
appeal, The Fund will, to the extent of its pecuniary liability
to the Owner, supersede such adverse judgment or decree,
If supersedeas in excess of The Fund's liability is required, it
shall be the duty of the Owner to furnish such supersedeas,
and The Fund will not be responsible for any loss '.01' damage
resulting from the failure of the Owner to do so. In every
case where liability of The Fund has been fixed in accord~
ance with these conditions, the loss or damage shall be pay-
able within 30 days thereafter.
6. In case of any loss to the Owner by reason of a de-
fect, lien, or encumbrance affecting only a part of the guar~
anteed property, the measure of damages which the Owner
may recover under this policy shall not be a greater fraction-
al part of the declared value of the property as stated in this
guarantee than the proportion which the property affected by
such defect or encumbrance, exclusive of improvements made
thereon subsequent to the date of this guarantee, bears in
value to the entire property covered by this guarantee. All
payments under this guarantee or under any guarantee issued
to the Owner's successor in title covering all or any part of
the land described herein shall reduce the amount of the
insurance pro tanto and no payment shall be demanded with-
out producing this guarantee for endorsement thereon of
such payment. If this guarantee be lost, indemnity must be
furnished to the satisfaction of The Fund. Any loss payable
under this guarantee may be applied by The Fund to the
payment of any mortgage mentioned in Schedule B, the title
to which is also guaranteed by The Fund, or which may be
held by The Fund, and the amount so paid shall also be
deemed a payment to the Owner under this guarantee.
7. Whenever The Fund has settled. a claim under this
guarantee it shall be entitled to the rights and remedies
which the Owner would have had against any other person,
persons, or property in respect to such claim, had this guaran-
tee not been issued and the Owner undertakes to transfer or
cause to be transferred to The Fund such rights, together
with the right to use the name of the Owner when neces-
sary for the recovery thereof, such rights of subrogation to
vest in The Fund unaffected by any action of the Owner.
8. The Fund Will pay, in addition to the loss, all costs
of court imposed on the Owner in litigation carried on by
The Fund for the Owner under the requirements of this
guarantee but it will in no case be liable for the fees of any
counselor attorney employed by the Owner, and the loss
paid, exclusive of costs, shall in no event exceed the amount
of this guarantee.
9. In accepting this guarantee, the Owner accepts the
same as the contract of LAWYERS' TITLE GUARANTY
FUND as a pure . trust and not as a partnership. Such accept-
ance shall constitute anagreemenf by the Owriei' with The
Fund to look solely to the assets of The Fund for damages
and for performance of this guarantee, and no member of
The Fund and no trustee of The Fund shall be personally
liable on account of this guarantee.
10. If the Owner institutes an action or suit on this
guarantee, it shall not be necessary to name the members of
the Board of Trustees, as the Board of Trustees of LAWYERS'
TITLE GUARANTY FUND, as defendants. In order to save
the Owner the annoyance and initial expense of ascertain-
ing the names of the members of the Board of Trustees and
naming them and having them served with process, it shall
be sufficient merely to name LAWYERS' TITLE GUARANTY
FUND as defendant and it shall be sufficient service of pro-
cess to serve the executive secretary as such, or, in the ab-
sence from the State of Florida of the executive secretary,
service may be made on the Chairman of the Board of Trus-
tees. Thereupon, the members of the Board of Trustees shall
without raising the issue of the sufficiency of naming of de~
fendants and serving of process, appear as the Board of Trus-
tees of LAWYERS' TITLE GUARANTY FUND and the action
or suit shall proceed against the Trustees as such.
..
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ORLANDO. FLORIDA ::r
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To
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City of Clearwater
Owner.
Effective date: 11/5/59
Declared value: 260,000.00
226
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- 104183
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