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HIGHPOINT CORPORATION -. I, t,.~ ,'!';[t: ;'1: Ii' " . !); l~!~lf;:' ~ :;:[.1'.)'.....'.. ~ -ii ,"':1:., .,~ I' llIAojrl.I!!~:rION 01" MORTGAGE ..t~] r~';'", ~::: ~ ou~~4A? PI,Gt Jati$fa,Uon of mortgage I ',-': I, :~'~~i'.~:"'''' .;~. , ' ~i ,~~ !" "_""",!,":-:'!I,,,.,:!...,,;:,'M" i' . ' - - ,,' I~ ! . _,I _f"t.." .:-.: . '._ '. " ., . 'f!''''',. ~ j \ f !::".f t' ,,; -. :' ~, ,.' , . ' :' 1 ': ~ ,!.. . ' ,'_' "," ; ""MeO FORM 22', 809 . .' 1Uw..,~l Bltn Jy :thtst.l!!Irest.,.ts: ThoL}.......... I' , '_' ' "/:f;tj:,~l~~r" ,:~[! ;'+ ' . (I. We) GEOIq:IW:>OOX, .... :,<'!I;i'i,.' . ! .'., .: . the o~mer ~hd holder. 0/. tho;;e'dett.ain .NpteS' [and ~rtqges by HIGHPOINT CORPORi\TICN toFIRST;FE[)~SAVINGS~f!~ASSCC:J:.;.TICN OF' 'TARPrn SPRlNGS,recorded May 23, '....~$~. ',.3 .~J..'.n.o, O.f~75 ~.'. ~;'!~'. !.~., !.071j'.:~... .,......' "'8~...,i...1.3. .iu.l.....el~,~..,................ .'.pn.;:2...~.".....9i...'Jn...i.~....,. to.' ~~te,d~Jun03x2~t~7~~.I.ri~197 x:E!eox;. . i.h O.R~'. ,'.' ..', '.' ,. ~,I~i~1.~l . <i>UXty .. on. . I :~~~>i"a,~:'he '.tZ~, .Gto "!::'. i':i!~l';:f':l1yi;,t'rl("'::":~". ..' ..' A.. .IQ. '. ..'~ ,recorded in Ol/IC/ill RuorJ, B~?k~.:.~; :'~;p.~ll~,~u.~~~;j''''''''rrr- ~ll:rill~.~1!1 thei'E.rcuil:CoUJ't ofl?mel1,as County, .S'ate of Flof]ido, securing dertal~:no.e in the- p~ilJcipal mm 0/ '1Wo HUNDRED roFT:{-F'OlIRTHOUSAt~ ($244tOOO.00) ., .' '.. . .... ... ....., .....,.. " . I DGllars, 4nclcel1ai~p~ise~~~d ()b~~f~,~et: forth"? said mortgage deed. upon the properly situate in said ! State, and Coun'y d~bedl~ Jol ii\lCl)"lit~f:, , .. .. .', "" :li(, ~girlning.a1; ~theiNE:dO' .i .q~;L~qtion 16, TONl1ship 29 S., Bange 15 .F;---, ~,t:hence Westaloog", line of said Section 1320.0 feet, .thence . Sout.'1 along .tb:!'~stJ,; [::~the'East ,1/2 of theNE 1/4 of said Section 16, 1526.16 feet to an in'! ..: . Qtjwit:h an Easterly projection of the center- line of Pieroe Street, "'~ 8'89045'00" Hest along the centerline of Pierce Street, '418. feet;t6,an,upnstake set in a projection of the West Line Of OsceolaAvenue~~~across Pierce Street, thence South 20.0 f~alCl1g this I?rojectjJ~ t\o:the sw corner of the intersection of Pierce Street .and~oeola AVE!1Uei,'~IlCe,S. 88018' 42" W along the South line of pierce Stre$t, . 375~ Of~;toi;,tnePoirit iof Beginning ,thEm~_continue S;,880 18 '.42"W 470.. 89f,aet.al-oog. said Sol.lth line of PierceStr~t, .i:l)enSf7 S J,9P'241i3~IIE,~qnga burve. to the right, chord 157.24 feet, i;Fc~~i"Jl57 ~4l:"~~, '~".i:;~~O!~:pO#~t,~ce.N880 18 I .46:' E220 .42 feet, i'iii(tl'h:e.npe. N OO~;J1.' d2~Wl491.!8qli' ~"to'the Po~nt of Begmrung. :,i....l.li..a:....'. ;,..,...;;.'...::.,;...,...~ri!.'!(,:"'o:,~!~:\.. 1,~.o,fir:."tl:!1~.I~..'..l;...F!i;l,il;~lj~I.;t",. ,. ;~:;T. . i'.' "i'.. '. <':l.'t."" -''''OJlfHf'c' ., '.,,' ..' .'~,i:Fii"';!~.;"'l,l.' '..,.,.. ,.. ....~"';::;.~. 4.0."..R"c !:,h' . ~ ;:: ;,..':':.,/ ::;), ,::q, t~~ .i:{ 41 ,(I !'~~-.: ;Iffi .. ' I ~ ;j 11 ~ j urr:('T1der the day of Noven:ber . A. D. 1976 ~~. ..........'::....,'. i I ~,-, . '<'~..;!.:.;..i.I:...........!....:.'.':...i :, ':'p" ,. ~ "f':: _' ;:,,\::::ii 1"- ",!", ',',_ j,.: -I,":; ii' ~ ': ; I ,-----;-~..,...- ,-- Ci~ '( ". .... "",>:. '.' .,: . I HEREBVC~RTIFY that o~'t~isd.y,befor'efll4l, an ~ffie<<duly authorized In the .~ .f.~,andini~ 'CoUnty aforesaid, to take acknowledgments, personlllly appeared GEORGE HADOOX tome known to be the person described. in anclwho executed the foregoing instrument and he before me that he executed the ~, WITNESS my hand and official seal iftthe County and Stat,l.st aforesaid this 26th NoveIrber A. D, 19 76. acknowledged i r~ .. I.f ~ ,\ 1 1 I day of . , 33516 ",/ '>.' ',:/ J " ..r "J~' ;11./) r. u -, '1/' '~- ~. ,~'I%\ -< ~.o __ :; ~ J~ ] .;;~ " ,,'f,~ ~ / ,! V ~ . .{~--. --~ 'lhir Il1Slnlfllt'/Il prtp{lmll~y: Address NO~ BIE, JR. AJ;.rorney. at Law 301.J?ie1't:le Sb;"eet Cle,az,water, Florida ,{} ~' , ,l~:,j '--_:_-,-,.~' {' .. NORMAN BIE ATTORNEY AT LAW CLEARWATER PROFESSIONAL BLDG. 301 PIERCE STREET CLEARWATER, FLORIDA 33516 -I I I~ r , AFFIDAVIT OF NO LIENS Personally appeared before Ire, the undersigned authority, authorized to administer oaths in the State of Florida, NORMAN BIE, JR., to Ire known and knCMn to Ire to be the President of HIGHPOINI' CORPORATION, a Florida corporation, who being first dule sworn deposed and said: The following is a conplete list of all labor, services and materials perfonned on that certain parcel of real property situate in the City of Cleanvater at the intersection of Pierce Street and Pierce Boulevard, a nore carplete description of which is attached hereto as an exhibit, for which their remains unpaid any arrount. To Wit: None. Sworn to and subscribed before Ire this 26th day of November, 1976. ~~~~ My Conmission E:xpires: t~:~~; :~~(:::,::: ~': ~,":;;,jL~ ;~-'~:~ ~;~;2]~. i~~7;; --- , I "'SIPAUL mLE I I I INSURANCE CORPORATION sej 19927 ENDORSEMENT v Commitment No. 137438 Attached to and made a part of St. Paul Title Insurance Corporation ROtIiov~ Item No. 17 of Schedule B is hereby deleted. Item No. 14 of Schedule B is hereby deleted. ALL OTHER MATTERS CaNTAINED HEREIN SHALL REMAIN THE SAME. The total liability of the Company under said policy and this endorsement thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed this 24th day of November ,19 76 __L~__~_ ST. PAUL TITLE INSURANCE CORPORATION Authorized Signatory ~~.~ President one otTHE S1 PAUL COMPANIES 42005 I I . " . I American Land Title Association commitmentl-1966 --. NUMBER ,/ 137438 COMMITMENT FOR TITLE INSURANCE Issued by ST. PAUL TITLE INSURANCE CORPORATION St. Paul Title Insurance Corporation, a Missouri 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 Com- pany, 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 three 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. This Commitment shall not be valid or binding until Schedules A and B are countersigned by an authorized signatory. IN WITNESS WHEREOF, St. Paul Title Insurance Corporation has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A. Attest: ST. PAUL TITLE INSURANCE CORPORATION ~ -t (?Ja ~~~- Secretary President Copyright, 1966, American Land Title Association. 42013 eFT Ed. 8.67 Printed in U. S. A, ALTA'Commitment - 1966 c' l I 19927 SCHEDULE A I , sej Commitment No. 137438 1. Effective date: November 19, 1976 at 5:00 p.m. 2. Policy or Policies to be issued: Amount (a) [] ALTA Owner's Policy Form A - 1970 (Amended 10-17-70).................. $_...~_~_Q.l..9JH?....Q.Q.. Form B - 1970 (Amended 10-17-70).................. $ooom.........__.......ooo..ooo.. Proposed Insured: City of Clearwater (b) 0 ALTA Loan Policy - 1970 (Amended 10-17-70)....................................... $.............................000.. Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simp 1 e 4. Title to the....__...f~.~..._~_;i,..ID.P.l.~..__......__________....ooo.ooo.estate or interest in said land is at the effective date hereof vested in: Highpoint Corporation S. The land referred to in this Commitment is situated in the...........~g.~_~.~.Y._..___..m__..ooo_...oL....~_:j.,!?-.~JJ.~_~_,ooo....ooo.....-----, State oL______.~.~g_;_J.g.~.ooo..m..............m...., and is described as follows: Beginning at the NE corner of Section 16, Township 29 S., Range 15 E., run thence West along the North line of said Section 1320.0 feet, thence South along the West line of the East 1/2 of the NE 1/4 of said Section 16, 1526.16 feet to an intersection with an Easterly projection of the centerline of Pierce Street, in the City of Clearwater, run thence S 890 45' 00" West along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the West line of Osceola Avenue as extended across Pierce Street, thence South 20.0 feet along this projection to the SW corner of the intersection of Pierce Street and Osceola Avenue, thence S 8So 18' 42" West along the South line of pierce Street, 375.0 feet for a point of beginning; from said point of beginning run S 880 18' 42" West ~long the South side of Pierce Street 270.89 feet to the easterly right-of-way of Pierce Boulevard; run thence S 190 24' 39" E along a curve to the right, cord 157.24 feet, arc 157.41 feet, radius 980.00 feet; run thence N 880 18' 46" E 120.42 feet; thence N 00 14' 32" W 50 feet, thence N 880 18' 46" east 100 feet, thence N 00 41' 32" W 99.80 feet to the point of beginning. m_nn'nnnm_n mn n n _ml~mnmnmmnmn_ . u orized Signatory 42014 CSA Ed. 10.70 Printed in U. S. A. This Commitment valid only if Schedule B is attached. ALTA Commitment - 1966 I I I I SCHEDULE B Commitment No. 137438 I. The following are the requirements to be complied with: a. Payment to or for the account of the persons entitled thereto of the full consideration for the estate or interest and mortgage thereon covered by said policy or policies of title insurance. b. Instruments in insurable form creating the estate or interest and mortgage thereon to be insured which must be executed, delivered, and duly filed for record: 1. Warranty Deed from Highpoint Corporation to the City of Clearwater. II. 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 this Commitment. 2. The lien of the General Taxes for the year 19..]~._...., and thereafter. 3. The lien of any Special Taxes or Assessments entered after the date hereof. 4. Rights of dower, curtesy, homestead or other marital rights of the spouse, if any, of any individual insured. 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. Survey: Any encroachments, measurements, party walls, or other facts which a correct survey of the premises ' would show. 7. Easements, or claims of easements, not shown by the public records. v 8. Rights or claims of parties in possession not shown by the public records. 9. Roads, ways or streams, if any, not shown by the public records. 10. Rights claimed in appliances or personal property attached or unattached to the real estate or buildings. 11. Covenants, Conditions and Restrictions: Non e 12. Mortgage Deed from Highpoint Corporation to First Federal Savings and Loan Association of Tarpon Springs, dated and filed for record 5/23/73 as Clerk's Instrument No. 73069786 in o. R. Book 4032, Page 1853, Public Records of Pinellas County, Florida, given to secure a promissory note in the principal amount of $200,000.00, said mortgage incorporating therein all of the terms and condit~ons as set forth in Master Mortgage Form recorded in o. R. Book 3380, Page 498, Public Records of Pinellas County, Florida. Assignment of Mortgage from First Federal Savings and Loan Assoeiation of Tarpon Springs to George Haddox recorded in o. R. Book 4304, Page 229 and Modification Agreement between George Haddox and Highpoint Corporation recorded in o. R. Book 4359, Page 53, Public Records of Pinellas County, Florida. ........................~~~l~.............. TSP-114B (42014 CSB) Sch.dule B of this Commitment consists of......~.......pal.s. ALTA eommitment - 1966 13. 14. (1 \,l\<J. :J . ~ ",010<7"'" 15. 16. /1/uT ~\\\~J L-A.,d I..., , ' J I , Commi,tment No. 137438 I SCHEDULE B Mortgage Deed from Highpoint Corporation to George Haddox, dated April 15, 1975, filed for record April 29, 1975 is Clerk's Instrument No. 75052775 in o. R. Book 4283, Page 1235, Public Records of pinellas County, Florida, given to secure a promissory note in the principal amount of $60,000.00. Modification of Mortgage between George Haddox and Highpoint Corporation recorded in o. R. Book 4359, Page 53, Public Records of pinellas Count~, Florida. cing Statement bet 'ghpoin Nationa Petersburg as re , Public Recor as This policy does not insure the nature and extent of riparian rights and submerged lands incident to captioned property. This land appears to be filled-in land and is subject to the rights of the United States by reason of its control over navigation and commerce, especially in time of war for use for navigable purposes, and also rights reserved to the United States in the permit under which the land was filled in. ~7. Umbre tgage Modification Agreememt betwee' Corporation. D~JJ({ #';, Clearwater Pro . onal Buildin c.; East Cove, Inc.;; and f:~ ~~~~Norman Bie, Jr., t ' nal Bank and Trust Company of Duned , ~ date , 1971, filed for recor 4, 1975 in R. Boo 4 0, Page 930, Public Records of pinellas County, F or~ Note: We do not hereby insure against pending assessments or sums owing the City of Clearwater until verified in writing by same. (Request has been made) /I ~(J ---_.._------~~.._-------- TSP.115 (42015 SBe) 2nd Page . ." oj, >, ~ ,- ,.-~ I I I I ". ''l 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 Commit- ment 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 re- sulting 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 Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragrr.ph 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 com- mitted 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 exceptions 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 com- mitted for and such liability is subject to the insuring provisions and the Conditions and Stipulations 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 mort- gage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ,- AL T A Commitment - 1966 . ., Commitment for Title Insurance - ~ ~SlPAUL TIm INSURANCE CORPORATION ,-- - GENERAL OFFICE: 1650 West Big Beaver Road Troy, Michigan 48084