Loading...
JOSEPH & LAURA TURNER .:-J ~. . ~I') / ~ _, , I " - ~, 113 lo\; 1 .II' I, ~ I' ~ . C.R. 3509 PAGE 703 RAMCO FORM 4 WARIh'.NTY DE~D tp This Indenture, ilia de this 24th day of March , A. D. 19 7l. Bdween JOSEPH K~ TURNER and LAURA W: TURNER, his wife, of the County of Pinellas parties of the first part, and whose mailing address is PO Box 4748, Clearwater of the County of Pinellas and State of F 10 rida CITY OF CLEARWATER, FLORIDA, a municipal corporation, and State of Florida 33518 parfY of the second part, lIftilntssdh, that the said part ies of the first part. for and in consideration of the sum of---------Ten--------------------lJollars, and other yood and valuable considerations to them in hand paid, the receipt whereof is hereby ackllOwl- edged, have granted, bargained, sold and conveyed, and by these presents do grant, bar- gain, sell, convey and confirm unto the said party of the second part and its su~ors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas and State of Florida , more particularly described as follows: Lots 1,2 and 3 of Block 7, A. C. Turner's Subdivision No.3, according to the map or plat thereof as recorded in Plat Book 1, page 32 of the Public Records of Hillsborough County, Florida, of which Pinellas gounty was forme rly a part. 3i: j:.- J> <""> STATE FLORIDAI :::0 OF ~ Ol3 '" Lr.l ~ ~ <(>- DOCUMENTARY STAMP TAX I t.f . r --'>- <.0 ~ ~~ f'..: -'% COMPTROLLER I W;:> '" 'oS 20 '-0 - N ;;:u 238. 501 o 0" ..z:. Lr.l - P,B, ~MAR2S'7I c: ,D ~ ..,~ ~- 10521 · -'Jl-- -" -- (> :G'DI .C) en g_,r ~ OJ -1:1 ",Lo .'".--".- . :::t:: -.t ~ a- - . - ',- ~ . -'"' -' - ... cY:!. ,<'''-;-''- --I ~ ..~ DOCUMENTARY - (/) '-0 ~;: ,~s.~~ - <t,.. ,;~ FLORI A -'>- ~ SUR TAX- -'z W;:> 20 r-- } HZ 45j Q:u Rn 1."15'" J <::> Of I'.JI.. <::> PEVEHUl ul:ln Together with all the tenements, hereditaments alld appurtenQ/l('es, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder alld easement thereto belonging or in anYUJi.~e appertainin(J: 10 JliUJt and to Mold the ,wme in fee simple forever. And the said parties of the first part do covenant with tile .wid party of the secolld part that they are lawfully seized of the said pT/'mises, that they are free from all encurnbrancf's and that they have good right and law- ful authority to. sellthe same ;andthes{lid par,lies- olthe fir.stlJarulo-hereb)~/ullywarrant the titlp to said land. and will defend the same against the lau'ful claims of all per.mns whomsoever. In ~itntss Uhertof, the said part ies of the first part ha ve hereunto set thei r hand s and seals the day alld year above written. ~:.::;.; ealed aad ~ pre""c" M iltn.d:x:;;.;;iJnnnnn "'__;.i:r / -fi ~hY~:~~:~~ d~__~___.n....o...."~~n~-J~--nm.nm-o..mn .' Laura W. Turner _ ___ n _, _ _ _. n no.. n___Un. ..______,..._. ____ __n_n__ _._n____n._nn____ . Uo..n__. O'_ ____.. .._._m n___nO' ,_.______ O'n _ _ _.._:. n .:_..' '__' _'._".._ .., ...__ ,,_, __,. ,._ __ 'nn_n____.____.nnn_________.____n.__n___u.______________ . Thl-s Instrument was llrepared by: HERBERT lVI. BROWN, City Attorney City of Cleanvcctcr, P. O. Box 4748 Clearwater, ,Florida 33518 /2.-{)IQ -03 (&) TillS illS/millett/ prcpartd by: Address // ;' ...,." !'.... C.P.. 3509 PACE 704 State of lounty of FLORIDA PINE LLAS J llereby tedify, That on this day, before me, an officer duly authorized in the State afore- I II I I I said and in the County aforesaid to take acknowledgments, personally appeared Joseph K. Turner and Laura W. Turner, his wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that t hey executed the same. 'Witness my hand and official seal in the County and State last aforesaid this 24th i ... , .....;. 4~~ Notary Public, My commission expires , f flonda at l.arp,e'i" " St3te 0 1 1974 .. Notarv pub 'c,. ' EYe:': :'~5 Aug., CL. My commiSSion '''<..l~a Insurance """. Bonded bY'\ ran"",..I~' _It ;'.~: ,:~~; ~~,~J'<~' ' "",~ ,._ '. -( ~ jA: OJ.. 'J i I" ---~:~-~-~~)~~-,~ " " j"."l day of March , A. D. 197 1 -'-"-- ..,-----=',.--~' __--=_-.=~~~..,:.->"S"'"______________,,-,---'--Cc n ~ ~ ~ ~ ...... ~ Q ~ ~ t"4 'l:T l%.:l ~ ~ > -- ~ ~ ~." ~ ;u :I> :a"Ci" ~ ~ 3: >O~tI1 -- n 0 0 t-3,,~-i ~ ~ ;:: '1\ l'=l~ c:: 0 ~.. (")" ~ ""l 'III ;u - ><~~ 3: ~~l'=l...:J ~ -.:: ~ t"4...:J~O ~ ~ ?> ct ~ .., -, ~ ~ ~ -- -, ~ 0 m ;: ~ ~ 00 ~ ;=.. ~ --~--- -- - - - - ~ - tL SZ ~o '---- ~IIIT) )I~3':> A.11:> 0330 EUl1rZ~O T L 1 . . ""'<- -' ~ ~ rJ.!)r j!5f) r ~ 1{(!; ;... !... tp tt MORTGAGE DEED THIS INDENTURE, made this 24th day of March, A.D. 1971, BETWEEN THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, called the Mortgagor, and JOSEPH K. ,TURNER and LAURA W. TURNER, his wHe, called the Mortgagees, as tenants in common, WITNESSETH: That the Baid Mortgagor for and in consideration of the Bum of Fifty-nine Thousand Six Hundred Twenty-five Dollars ($59. 625. 00) to it in hand paid by the said Mortgagees, the receipt whereof is hereby acknowledged, has granted. bargained and sold to tbe laid Mortgagees, the following described land situate. lying and being in the County of Pinellaa, State of Florida, to wit: Lots I, 2 and 3 of Block 7, A. C. Turner's Subdivision No.3. according to tbe map or plat thereof a8 recorded in Plat Book 1. page 32 of the Public Records of Hillsborough County. Florida, of which Pinellas County was formerly a part, and the Baid Mortgagor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS, That if said Mortgagor shall pay to the said Mortgagees a certain promislory note of even date, copy of which ie attached hereto, and sball perform and comply with each and every stipulation. agreement and covenants of said note and of this morgage, then this mortgage and the estate hereby created shall be void, otherwise the same shall remain in full force and virtue. And the laid Mortgagor covenants to pay the interest and principal promptly when due; and to pay the taxes and assessments on laid property. Should any of the above covenants be broken, then laid note and all moneys lecured hereby shall without demand, if the Mortgagee. 10 elect, at once become due and payable and the mortgage be foreclo.ed, and all cost. and expenses of collection of said moneys by foreclosure or otherwiae, -1- ~..."r " - ~.. tt - including attorney'a fees, shall be paid by the Mortgagor, and the eame are hereby secured. IN WITNESS WHEREOF. the City of Clearwater, Florida, a municipal corporation, by and through its proper officials, has caused this mortgage to be executed the day and year first above written. CITY OF CLEARWATER,FLORIDA Counters igned: By /s / Merrett R. Stierheim City Manager / s / H. Everett Hougen , M.ayor.Commillsioner Attest: Approved as to form,& correctness: /s /Herbert M. Brown City Attorney /s / R. G. Whitehead City Clerk STATE OF FLORIDA ) ) COUNTY OF PINE LLAS ), I HEREBY CERTIFY, that on this 24th day of March, A. D. 1971, before me personally appeared MERRETT R. STIERHEIM, HERBERT M. BROWN, R. G. WHITEHEAD and H. EVERETT HOUGEN, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwa.ter. a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the fore. going mortgage and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the laid conveyance is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. /s/ BettyA. Russell Notary Public My Commtssion Expires: A ugus t 1, 1 97 4 -2- "'- '!':,.. ~ ~ $59,625.00 March 24, 1971 On or before Ten (10) Years from date, THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, promises tO/S)f:t!1?a~ qJids0'n9.th~~~EPH K. TURNER andU URA W. TURNER, his wife, at such place or places aa the payees may irom time to time designate, the principal sum of Fifty-nille Thousand Six Hundred Twenty-five Dollars ($59,625.00) with interest thereon at six per cent (60/c) per annum from date until paid, in the following manner: On March 24, 1972, the sum of $5,962.50, together with interest on the unpaid balance at the rate of 6o/c per annum; thereafter 'annually on each March 24 the sum of $5,962.50, together . with interest on the unpaid balance at the rate of 60/c per annwn ~ until the full amount is paid in full together with interest thereon. All or any part of the principal of this obligation may be prepaid 'Without penalty and with interest to date of payment only. This note is secured by a mortgage 01 even date, and the same is ineorporated by reference herein. Now should it become necessary to collect this note through an attorney, the City of Clearwater hereby agrees to pay all costs of such collection, including a reasonable attorney's fee. s I H. Everett Hougen Mayor -Commis a ioner CITY OF CLEARWATER,FLORIDA By lsl Merrett R. Stierheim City Manager Approved as to form & correctness: is-I Herbert M. Brown City Attorney A ttes t: /s/ R. G. Whitehead City Clerk " .. ... .' tt ~ CLOSING STATEMENT Clearwater, Florida March 01-.1:. 1971 Seller: Joseph K. Turner and Laura W. Turner. his wife Purchaser: City of Clearwater, Florida Property Des cription: Lots 1, 2 and 3 of Block 7, A. C. Turner's Sub. No. 3 Credits to Seller: Sales Price $79,500.00 Credits to Purchaser: Cash previously paid Cash to close Balance on 1st Mtg. $9,500.00 10,375.00 59,625.00 $'1' 9,500.00 $79,500.00 Costs to Purchaser: Docwnentary Stamps: On Deed: State Sur-tax Ware & Stoutamire Seller's Atty. Fees $450.00 $238.50 87.45 On Mortgage Note Tax Collector - Intangible tax on mortgage 89.55 Chelsea Title - Title Insurance * II {)Jo"6 455.00 $325.95 119.25 TOTAL EXPENSES: $1439.75 ~ . ".. tt tt CITY OF CLEARWATER CtTY HALL - PO BOX 1348 CLEARWATER, FLORIDA AFFIDA VIT OF NO LIENS STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me, the undersigned authority, personally appeared Joseph K. Turner and Laura W. Turner, his wife, , who, being fir st duly sworn, depose and say 1. That they are the owners of the following described property in Pinellas County, Florida, to wit: Lots I, 2 and 3 of Block 7, A. C. Turner's Subdivision No.3, according to the map or plat thereof as recorded in Plat Book 1, page 32 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. 2. That said property is now in possession of the record owner 3. That there has been no labor performed or materials furnished on said property within the past ninety (90) days for which there are unpaid bills for labor or materials against said property. 4. That there are no liens or encumbrances of any nature affecting the title to the property hereinbefore described. 5. That it is hereby warranted that no notice has been received of any public hearing regarding assessments for improvements by any govern- ment within the past ninety (90) days, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. €>. That ~l:1~ repr~seIltatiQ!!!'I inducing City of Clearwater _?mQrt3.cE:l_cLl!e!"~iIL~~_~_~9r ...the .Ptl;rPQ~~_.9f to purchase the above described property. ~~ ~'oJ W.~ Laura W. Turner Sworn to and subscribed before me this 24th day of March ~.!-1.9 7 1. Notary Public. St".te <:f Florida at Larg M C . E' My Commission Exp:res Aug. 1, 1974 Y ommisSlon xplres BeR~eQ gy. Jr"'n"""kIlCa Insurance Co.. j -~ - - --. - - .-------"'" ~ ~ ,p"///';"-,:',,,,~' ..-<'~\~L~;--~ P: .,~ ~.r--_ ~.;...;. itll\....~, , ;-. '.J-""" j C;j~.. // ~ '~ ~~ -:;,(,=:y,.~- ~,~ ~~ '~~;_.~ ,~~,} ~~ '--~ .~- ~"::->' ~~\,r: ~:." ~~-.._...#/~\ "'I,' ~~~TEil.,.t/~ti -'-'#1'"'' (~ I 'l~ "-T o F' (~ I.. l~~ ..:\.. l-l ,\~ A 'J.~ F~ R POST OFFICE BOX 4748 CLEARWATER. FLORIDA 33518 OFFICE OF CITY CLERK March 25, 1971 Received original note dated March 24, 1971 in the amount of $59,625.00. ~. \-.old'; w. ~ -~.> tt tt AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE ,., THIS AGREEMENT, made and entered into this ~ V ffiay of i . ~, A. D. 1970, by and between JOSEPH K. TURNER and ~/ URA W. TURNER, his wife, hereinafter referred to as Seller, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as Purchaser. WITNESSETH That in consideration of the payments and covenants herein provided, and other good and valuable considerations, Seller agrees to sell and Purchaser agrees to buy the following described real estate situated in Pinellas County, Florida, to wit: Lots 1, 2and3 of Block 7, A.C. Turner'sSubdivision No.3, according to the map or plat thereof as recorded in Plat Book 1, page 32 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The total purchase price for said property shall be the sum of $79,500.00, payable at the times and in the manner following: $7,500.00 cash has previously been paid by options, $2~000. 00 cash is to be paid upon execution of this agreement, receipt of which is hereby acknowledged, $10,375.00 is to be paid upon closing, which shall be on or before six months from date hereof, and the balance of $59,625.00 shall be paid in ten equal yearly installments of $5,962.50 each, together with interest on the unpaid balance at the rate of six per cent per annum. Purchaser shall have the privilege of prepayment of the balance due at any time without penalty. IN CONSIDERA TION WHEREOF. Seller agrees to convey said property to said Purchaser by good and sufficient Warranty Deed, with a fee simple, -1- -.- ,. 4 .. tt tt marketable title, free and clear of all encumbrances of record. Purchaser will furnish own title insurance and will pay all closing costs, including documentary stamps and a reasonable attorney fee. This Agreement shall be binding on the respective heirs, executors, administrators, successors and assigns of the parties. IN W~TNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: ~{!g~~ y~~~ cA. s to Seller AP~7d ~ to for & correctness: ~~~~ City Attorney .,~~ W, ~~Wl.J (SEAL) Laura W. Turner SE LLER CI~A1:E~: FLORIDA By . .'.~~ City Manage~- -2- -...---. -- ~~.~ -- ..,. " ~~~~~'~~~~~~1f~~~~~~~~~~~~~~~~i]~~~f] ~, - OWNER'S POLICY ~ ~ ~ ~ ~I /J C7 /J J ~ ~ ~ ~ Lhe idea Jilie an '.::fuaranl';f Lompan';/ ~ ~ ~ ~ HOME OFFICE, ATLANTIC CITY, N. J. ff'tA ~ ~ ~ ~ ~ ~ ~ ~ I App. N o.....E9..2?........... Amount...'l7..~.,.?.9.9. .". QP N! 5 9 418 ~ F I ~~ Binder No. 110309 ~.~ ~ ~u ~ This Policy of Title Insurance Witnesseth: That the Chelsea Title and Guaranty Company, herein ~ ~,.u called the Company, in consideration of the payment of the premium for this Policy, does hereby covenant and ,,~ ~ agree that it will pay to ~~ ~ CITY OF CLEARWATER, FLORIDA ~ ~ ~ ~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ~ ~,.u not exceeding ~ ~ Seventy-Nine Thousand Five Hundred and No/IOO ____Dollars ($79,500.00 ), ~~ ~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ~ ~,.u estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason ~ ~ of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ~~ ~ March 25,1971, at 2:'+6 P.M. ~ ~~ which date shall be deemed the effective date of this Policy, excepting the defects, estates, interests, objections, ~ ~ liens or encumbrances mentioned in Schedule B, hereto annexed, or excepted by the conditions or stipulations of ff'tA ~ this Policy hereto annexed and incorporated herein as a part of this contract. Any loss hereunder shall be established ~ ~~ and the amount thereof ascertained in the manner provided in said conditions and stipulations and be payable upon ~ ~ compliance with the provisions of same and not otherwise. ff'tA ~ ~ ~~ This Policy shall not be binding until it shall have been countersigned by an authorized signatory of the ~ ~ Company. ;TO. ~ ~ ~ ~ p ~ ~ In Witness Whereof, C~elea Jut and '::Jua/'ant., ~~ ~ COMf'an'l has caused these presents to be signed in facsimile by its duly ~ ~,.u authorized officers and its corporate seal to be affixed in accordance with ~ ~ its By-Laws, this the 7th day of ~ ~ April, 19 71 ff'tA ~ C~e~ea :life and /?uaraniu Companu ~ ~ ~4 ~ ~ ~ ~;".'7T"i..~~1 ';/ /4. /~ ~ I ~;,~"'~' I / l1P ~ ~ , By.. ..' .t(1 ATTEST: ~ aA. ~ ~ ~,:,.>// . y'> /L _ ;./-.7'; ""'-- Secretary' 7 ~ ~,.u ~~ ;./c" if~,.ff~~:.r ~ ~ AJlthorized 'gnaLo,r)!. 11 ~~~ ~,.u George. snowe ~ ~ Assist&,!U~~'Jc~l[ Officer U ~~~~~~~~~~~~~:~~~~~:~~~~~~~~~~~~~~ Florida-2-Form 2S " ... '... ~ I I SCHEDULE A 12927 App. No..,..."",..... Policy No.: ' , 59 '+189 Insured: CITY OF CLEARWATER, FLORIDA Effective date: March 25, 1971, at 2:'+6 P.M. Amount of liability: $ 79,500.00 1. The estate or interest of the Insured in the real estate described below covered by this Policy is FEE SIMPLE 2. The deed or other means by which the estate or interest covered by this Policy is vested in the Insured is described as follows: Warranty Deed executed by Joseph K. Turner and Laura W. Turner, his wife, in favor of City of Clearwater, Florida, a municipal corporation, dated Marcfi2'+, 1971, filed March 25, 1971, at 2: '+6 P.M. in 0 .R.Book 3509, page 703, of the Public Records of Pinellas County, Florida. 3. Description of the land in which the Insured has the estate or interest covered by this Policy. LOTS 1, 2 and 3, BLOCK 7, MAP OF TURNERS SUBDIVISION NO.3, according to the map or plat thereof as recorded in Plat Book 1, page 53 of the Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. Countersigned: .// //;;;/ /,/~-e 'VLc:/f Authorized epresentative . )' ,., ~/ o Form No. 22-A -, .. ...... " I I SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties other than the Insured in actual possession of any or all of the property. 2. Any variation in location of lines or dimensions, deficiency in quantity of ground, or any state of fact which an acceptable survey would disclose or which are visible or are known to the insured. 3. Rights of way and easements over, across, above or below the surface of the land not disclosed of record or arising by necessity or implication. 4. Possible unfi1ed mechanics and materia1mens liens. 5. All assessments and taxes for the year 1971 and all subsequent years. 6. Liability for municipal improvements made or authorized but not assessed. 7. Title to furniture, furnishings, fixtures and equipment, whether attached or unattached to the real estate, is neither guaranteed nor insured under the terms of this binder. 8. Subject to terms and conditions of that certain mortgage executed by the City of Clearwater, Florida, a municipal corporation in favor of Joseph K. Turner and Laura W. Turner, his wife, dated March 24, 1971, filed March 25, 1971, at 2:46 P.M. in O.R. Book 3509, page 705, of the Public Records of Pinellas County, Florida, to service the sum of $59,625.00. Form No. 22-B ~. ,'.....,.;'.~-....;...~~~_.-."---"--~'------'- .----- !- ~. .......,'~~,"-. -' ->.~,~.--~:.. I ------- --.- I CONDITIONS AND STIPULATIONS OF THIS POLICY \, The Company shall have the right to, and will, at its own cost and expen,", defend the title insured by this Policy in any action of ejectment or other action or proceeding founded upon a claim of title, encumhrance or defect, which existed, or is claimed to have existed prior in date to the effective date of this Policy, and not excepted herein. In case any such action or proceeding shall be begun, it shall be the duty of the Insured at once to notify the Company in writing of the full particulars thereof and secure to the Company the right to defend such action or proceeding in the name of the Insured and to give all reasonable assistance therein. Failure to notify the Company as aforesaid at its Home Office, within ten (10) days after process or notice in such action or proceeding shall be served upon the Insured, shall operate as a full release and discharge of the Company from any and all liability with respect to the subject matter of such action or proceeding; provided, however, that failure to notify the Company as aforesaid shall not prejudice the claim of the Insured if the Insured shall not be party to such action or proceeding; nor be served with summonses, process or notice therein; nor bave any knowledge thereof, The Company reserves the option of settling the claim or paying the Policy in full; and the payment, or tender of payment, to tbe full amount of this Policy sh,1l operate as a full release and discharge of the Company from any and all liability under this Policy. 2, Whenever the Company shall have settled a claim under this Policy, it shall be subrogated to the rights and remedies of the Insured against any other person or property in respect to ~e subject matter of such claim and the Insured shall transfer or cause to be transferred to the Company such rights, securities and remedies and permit the Company to use the name of the Insured for the recovery thereof. Any sum collected on such rights, securities and remedies over and above the amount of loss paid by the Company shall belnng, and on dema"d shall be paid to the Insured, Tbe Insured warrants that sucb rights, securities and remedies shall vest in the Company unaffected by any act of tbe Insured. 3. Nothing contained in this Policy shall be construed as insuring against loss or damage by reason of fraud on the part of the Insured, or by reason of claims arising UDder any act, thing, or trust relationship done, created. suffered or permitted by the Insured; or by reason of the fact that the Insured was not a purchaser for value, or that the acquisition of the estate or interest hereby insured contravened the laws of the United States establishing a uniform system of baHkruptcy; or against the rights of dower and hnmestead, if any, of the spouse of the Insured; nor will the Company be liable in any event for any loss or damage arising from the refusal of any party to carry out any contract to purchase. lease or loan money on the estate or - interest insured. 4, A statement in writing of any loss or damage for which it is claimed the Company is liable shall be furnished totbe Company within sixty days after such los< or damage, and no right of action shall accrue under this Policy until thirty days after sucb statement shall have been furnished and no recovery shall be had under this Policy unless action shall be commenced thereon within one year after the expiration of said last mentioned period of thirty days; and a failure to, furnish such statement of loss or damage, and to commence such "ction within the time hereinbefore specified, shall be a conclusive bar against the maintenance of any action under this Policy. ,5. All payments under this Policy, or any owner's policy issued to the Insured's vendee or vendees covering any part nf the property described herein, shall reduce the amount of insurance pro tanto, and DO payment can be demanded without producing the Policy for endorsement of such payment. If the Policy be lost or destroyed, indemnity satisfactory to tbe Company must be furnished. It is expressly understood and agreed that any loss payable under this Policy may be applied by the Company to the payment of any mortgage mentioned in Schedule B, the title under which is insured by the Company, or which may be held by the Company, and tbe amount so paid sball also he deemed a payment to the Insured under this Policy. The aggregate liability of the Company under the, Policy and any policy issued to the holder of such mortgage shall not exceed the amount of this Policy. 6. Nothing contained in this Policy shall he construed as insuring (I) against the consequences of any law, ordinance, or governmental regulation (including building and "zoning" ordinances) limiting nr regulating the use or enjoyment of the property herein described or the character, dimensions, or locations of any improve men ts erected or to be erected thereon, or (2) against the consequences of the exercise or attempted exercise of "police power" or the power of "eminent domain" over said property, or (3) the title to any personal property, whetber the same be attached to or used in connection with the property hereby insured or otherwise, or (4) the title or rights of the Insured in any property beyond the line of the property described in Schedule A, or in any streets, roads, avenues, lanes or ways in said property or upon which said property ahuts, or to tide lands or lands comprising the shores and bottoms of navigable rivers, lakes, bays, ocean or gulf. or lands heyond the line of the harhor or bulkhead lines as established or changed hy the United States Government, or to filled in lands or artificial islands or riparian rights, or (5) that the buildings or other erections on the property comply with State and Municipal laws, regulations and nrdinances, or (6) against loss or damage by reason of mechanics' or materialmen's liens. liens of contractors, sub. contractors or other liens arising out of the construction or repair of buildings and improvements on the property, the tille to which is hereby insured, not filed or of record at tbe effective date of this Policy, or (7) against loss or damage by reason of the rights, tilles or occupancies of parties in actual posses. sian of any or all of the property herein described at the effective date of this Policy, or (8) the acreage or area contained in a given tract, nor accuracy or location of boundary lines, nor the location or contiguity of the interior lines of any parcels making up such property, unless an accurate survey of the property described is furnished, or (9) against acts done or suffered by the Insured and not disclosed by the application upon which this Policy was issued. 7. The Company shall not be liable hereunder for the cost and expense incurred in the satisfaction or removal of liens upon or objections to the title, which were found upon examination of title to exist at the effective date of tbis Policy, but which sball have been satisfied or removed prior to the date of the actual delivery of this Policy, 8. If the property described in Schedule A is divisible into separate independent parcels and a loss is established affecting one or more of said parcels, the loss shall he computed and sellled on a pro rata hasis as if the face value of this Policy was divided pro rata as to the value of each separate independent parcel, exclusive of the improvements made subsequent to the date of tbis Policy, to the whole, 9. Defects and encumbrances, arlSlng after the effective date of this Policy, or created, suffered, assumed or agreed to by the Insured, and taxes and assessments wbich have not become liens up to the effective date of this Policy, or which, although they have become liens, are not payable until some future date or in future installments, are not to be deemed covered by this Policy; and no approval of any transfer of this Policy shall be deemed to make it cover any such defect, encumbrance, taxes or assessments. 10, Any untrue statement made by the Insured, or agent of the Insured, with respect to any material fact; any fraud perpetrated; any suppression of or failure to disclose any material facts; any untrue answer by the Insured, or the agent of the Insured, or the agent to 'he Insured, to material inquiries hefore the issuing of this Policy, shall void this Policy. II. The term "the Company" as herein used, means CHELSEA TITLE AND GUARANTY COMPANY, and the term "the Insured" means the person or persons in whose favor this Policy is issued. 12. No officer, agent or other representative of the Company, shall have the power to waive any of the conditions or stipulations of this Policy, except the President or one of the Vice-Presidents of the Company, and such waiver, if any, shall be written upon or attached hereto. This Policy necessarily relates solely to the title prior to and including its "effective date" as herein defined. This Policy is not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be obtained. ... ~~~~~~~~~~~~ ~ Turners #3, B1. 7, Ll-3 ~ ~ {1I\fn ' 'ltJ 1+ f ~ ~ \!l:1 n~r: 1rO tt~ 0 ~ ~ W:itl~ ~ nSltrant~ ~ ~ ~ ~ ~ ~ ~ ~,.u ~~ ~ ~~ ~ ~ ~,.u iJ~ ~ iT~ ~ ~ r.:.2 Amount Insured ~ ~~"; ~~ r.~ ~~ ~~~ $ #~ ~~ ~~ ~r~; Party Insured ~~ c:f..!? ~~ ~@ ~~ ~ ~ ~ ~ ~ ~ ~ Chelea :Jul ani ~ ~ fJua,.anf'l Compan'l ~ ~ ':1. ~ ~,.u Home Office ~ ~ A ~~ ~ tlantic City,N.j. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~[t[t[t[t[t[t[t~[t~ ,I Ii .: , , . ,- ~ "'/ 1-9 5~ 0 , I $59,625.00 Ma r c h 24 , 1 97 1 On or before Ten,,(IO) Years from date, THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, promises ty oavtto .the order of JOSEPH a.s e'nan s In common K. TURNER and LA URA W. TURNER, his wife, at such place or places as the payees may from time to time designate, the principal sum of Fifty-nine Thousand Six Hundred Twenty-five Dollars ($59, 625.00) with interest thereon at six per cent (6%) per annum from date until paid, in the following manner: On March 24, 1972, the sum of $5,962.50, together with interest on the unpaid balance at the rate of 6% per annum; thereafter annually on each March 24 the sum of $5, 962. 50, together with interest on the unpaid balance at the rate of 6% per annum until the full amount is paid in full together with interest thereon. All or any part of the principal of this obligation may be prepaid without penalty and with interest to date of payment only. This note is secured by a mortgage of even date, and the same 1S incorporated by reference herein. Now should it become necessary to collect this note through an attorney, the City of Clearwater hereby agrees to pay all costs of such collection, includin areas onable attorney's fee. . TER, FLORIDA STATE OF FLORIDAI (/) en DOCUMENTARY STAMP TAX I <>- 'I' -'.... = = COMPTROLLER I -'z w'" = ... ~ 8 9. 551 20 = ;;:u lr.I =P.B. =:: MAR2S'71 ~- -10521 !:f =