PEACE MEMORIAL HOMES INCORPORATED
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FORM 1124 FLORIDA Warranty Deed (From. Corp.)
. '.' -; . ~...-. 'fa' TUTIiILANX REGISTERED u_ S. PAT. OFFICE
, '7,40:179 t 2 IIIIJ TUTTLE CAW PRINT, PUBLISHERS, ""T~NO ~,mo.
III!!!Hnb' ' l' vfETURN TO: City Cle k
J en U~. PO Box 4748, Clearwa er,
.,." Florida 33518
day of February , .11. D. 19 74
Made this
5th
"Wherever used herein, t1u3 term "party" 8hall inclzute the heir8, per80nal 7'epnsentativu, 4133 636
successors and / or IUlsip,s of the respective parties /uJreto; t/uJ use of the sinlUlar number 0, R. '. P ^ G E
shaJJ, include the p/,u,ral, and. the p/,u,ral, the sinpJar; the use of any tender shg,ll include
aU tenders 0
nized ietweeu PEACE MEMORIAL HOMES, INC., a corporation not for prof t
XlXKi.X1JPOD~)Q, existing under the laws of the State of Flor ida ,
having its principal place of business in the County of Pine lIas and
State of Florida party of the first part, and
CITY OF CLEARWATER, FLORIDA, a municipal corporation,
whose address is P.O. Box 4748, Clearwater 3~5181 '
of the County of Pinellas and State of Florida, 33518
party of the second part,
lIitupsseth. that the said party of the first part, for and in consideration of
the Slf.,m of Ten Dollars and other valuable consideration JDatmz,
to it ,in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said party of the second part
forever, the following described land, situate, lying and being in the County of
. Pinellas, State of Florida, to wit:
Lots 365 through 370, inclusive; Lots 435 through 440, inclusive;
Lots 503 through 507, inclusive; Lots 572 through 578, inclusive;
and Lots 642 through 650, inclusive, DEL ORO GROVES SUBDIVISION,
according to the map or plat thereof as recorded in Plat Book 12,
page 2, of the Public Records of Pinellas County, Florida.
This Deed conveys but does not warrant title to any and all
riparian rights or submerged land owned by the Grantor in
connection with the property hereby conveyed.
,l1nd the said party of the first part does hereby fully warrant the title to said land,
aTi,d will defend the same against the lawful claims of all persons whomsoever.
3Ju mituess ml1erenf. the said party of the first part has
caused these pre8ents to be sitned in its name by its President,
and its corporate seal to be affixed, attested by its
Secretary the day and year above written.
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:';fJttest,">'l/i&~ /5 I ~t-H{;J
Alic~.B. Patterson, Secretary
&fgltriC~taltllanb It 'utrrll tu Ql)ur 'rt!iturt: .
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PEACE. MEMO~IAL H~~. '.-:'~. INC.
!Jy )J~A-FIZ>:/c.. ~(--4
Herbert E. Hard, President.
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CllDIll1ly Dr Pinellas } -. --
11 llItrthy C!ttrttfy.That on this 5th day of February
before me personally appeared Herbert E. Hard
Alice B. Patterson President and
respectively of PEACE MEMORIAL HOMES, INC., a non-profit , K corporation
under the laws of the State of Florida , to me known to be the
persons described in and who executed the foretoin~ conveyance to
CITY OF CLEARWATER, FLORIDA, a municipal corpGS~~iOtl,
and se7Jerally acknowled~ed the execution thereof to be their free. act and deed as
such officers, for the uses and purposes therein mentioned,. and that ,theyaffi:xed
thereto the official seal of said corporation, and the said instrument is' ,the a.ct and
deed of said corporation. ,....' '/'"
'IlttUt!iS my si~nature and official seal at Clearwater i,~ , /) '. '", '.':;,d
in the County of PiBellas and State of Fldif,a,a;,,:JJii3.fj>ay an:iIt"
year last aforesaid. ) 'I'~ '/:. " "./." ". '
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<~ ,.~,n...U,^r;',IA.,Y "',_ rAM, Tt.,;,: Notary Public
~~ ~: [EPT.c;..cf~iih'i;ijE'~.l~.;~~.~~'-'-'--'--- I My Commi1f,3~grts-&f.'!~,"~: ,,;,! ,{, ,,~ r,u(:e
;;u ~ P8 == FE8-S'74 ~'~~~~J' 4 2 O. 0 0 I "
r-.J == 10534 '\:~~~;;~:~__! ~~i~~'~'i~, ;,;,~.".. fIt. a coou,: I;l. - 0 tj S:bd-;;$
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and
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AFFIDAVIT OF :\~O LIE~;S
STATE OF FLORIDi\ ) ss
C00~~Y OF PINELLAS )
Before me, the undersigned authority, personally appeared
Herbert E. Hard, President of PEACE MEMORIAL HQME$, ING., a Florida
non-profit corporatiqn,
,~ho, being first duly stvorn, deposes an9 'say s :
PEACE MEMOR IAL HOME S, INC ~
1. That / kel is the m-mer of the follmving described
property located in Pinellas County, Florida, to-\vit:
Lots 365 through 370, inclusive; Lots 435 through 440,
inclusive; Lots 503 .through 5'07, inclusive; Lots 572
through 578, iI)cluslve; and Lots 642 through 650, inclusive,
DEL ORO GROVES SUBDIVISION, according to the map or plat
thereof as recorq.ed in Plat Book 12, page 2, of the Public.
Records of Pinellas County, Florida, together with riparian
rights appurtenant thereto.
2. That said property is now in the possession of the
Owner. _
3. That there have been no liens filed and no labor performed
-or materials furnished on said property for which there are unpaid bills
for labor or material for which valid liens could be filed.
4. That this Affidavit is made for the purpose of inducing
CITY OF CLEARWATER, FLORIDA, a munieipal corporation,
'to purchase the above described property and make final payment therefor.
.5. That there is no outstanding unrecorded contract of sale,
deed, ronveyance or mortgage affecting the title to said property; that
no notice has been received of any public hearing regarding assessments
for improvements by any governmental agency \.]ithin the past 90 days,
and there are no unpaid assessments due to any governmental agency.for
improvements or otherHise.
6. That no Notice of Commencement has been filed within the
past 90 days.
Subscribed and sworn to
bef.'Q ):.,:. m.e.this Sd day of
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: No,cary P'ublic _, .
11 \:\ '.", (,I"~ ~l '. "JT'1,,) at La. !1l1
Plct~tY ~c(."' w''"'''' v .' ..
. . My Comm::.;I;jo E'r~!::::s ;.~)~. i7, 1975
Hy Comrniss i on Exp~re s ..Il1t~ h ~.... file l'--...-II7 Co,
?EACEMEMORIAL HOMES. INC.. a Florida(SEAL)
non-profi~oratiop
By: ILL';dlf-JlL (SEAL)
Herbert E. ~~: ;residerit
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MORTGAGE NOTE
,
$105,000.00
Clearwater, Florida
February 6, 1974
On or before two (2) years from date, the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, promises to pay to the order of
PEACE MEMORIAL HOMES, INC., a Florida non-profit corporation, at such
place or places as the payee may from time to time designate, the principal
sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000.00) with
interest thereon at five per cent (5%) per annum from date until paid, in
the following manner:
The sum of Fifty-two Tho~:sand Five Hundred Dollars
together with interest ther,~on, to be paid on the 6th
February each year until pa.id in full.
($52,500.00)
day of,
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 IS
incorporated by reference herein.
Now should it become necessary to collect tlJis note through an attorney,
the City of Clearwater hereby agree s to pay all costs of such collection,
including a reasonable attorney's fee.
Countersigned:
CITY OF CLEAR I ATER, FLORIDA
/s/ H. Everett Hougen
Mayor-Cornmissioner
By /s/ Picot B. Floyd
City Manage r
Atte st:
Approved as to form and
correctness:
/ s / R. G. Whitehead
City Clerk
/s/ Herbert M. Brown
City Attorney
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MORTGAGJi: DEED
THIS INDENTURE, made this
6th
day of February, A. D. 1974,
behveen the CITY OF CLEARWATER, FLORIDA, a rrmnicipal corporation,
called the Mortgagor, and PEACE MEMORIAL HOMES, INC., a Florida
non-profjt corporation, called the Mortgagee,
WITNESSETH:
That said Mortgagor, for and in consideration of the sum of One
Hundred Five Thousand Dollars ($105,000.00) to it in hand paid by the said
Mortgagee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Mortgagee, the following described land situate,
lying and being in the County oJ Pinellas, State of Florida, to wit:
Lots 365 through 370, inclusive; Lots 435 through 440,
inclusive; Lots 503 through 507, inclusive; Lots 572
through 578, inclusive; and Lots 642 through 650, inclusive,
Del 01'0 Groves Subdivision accol-ding to the map or plat
thereof as recorded in Plat Book 12, page 2 of the Public
Records of Pinellas County, Florida, together with all
riparian rights,
and the said 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
Mortgagee a certain promissory note of even date, copy of which is attached
hereto, and shall perform and comply with each and every stipulation,
agreement and covenant of said note and of this mortgage, then this mortgage
and the estate hereby created shall be void; otherwise the same shall remain
in full force and virtue. And the said Mortgagor covenants to pay the interest
and principal prom.ptly when due; and to pay the taxes and assessments on
said property.
Should any of the covenants be broken, then said note and all rnoneys
secured hereby shall v\lithout demand, if the Mortgagee so elects, at once
become due and payable and the mortgage be foreclosed, and all costs and
expens e s of collection of said HlOneys by foreclosure or otherwise, including
solicitor I S fees, s hall be paid by the Mortgagor, and the same are hereby
secured.
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IN WITNESS WHEREOF, the City of Clearwater, Florida, a municipal
corporation, by and through its proper officials, has caused this m,ortgage to
be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
/s/ H. Everett Hou~en
Mayor -Commi s si0ner
By /s/ Picot B. Floyd
City Manager
Attest:
Approved as to fonn & correctness:
/ s / Herbert M. Brown
City Attorney
/ s / R. G. Whitehead
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this 6th day of February, A. D. 1974,
before me personally appeared Picot B. Floyd, H. Everett Hougen, R. G.
Whitehead and Herbert M. Brown, respectively City Manager, Mayor-
Commis sioner, City Clerk and City Attorney of the City of Clearwater, Florida,
a Inunicipal corporation, to me known to be the individuals and officers described
in and who executed the foregoing 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 said 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 Commission Expires:
A ug. 1, 1974
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LAW OF"F"ICES
RICHARDS, NODINE, GILKEY, F"ITE, MEYER & THOMPSON, P.A.
RICHARDS BUILDING
12!l3 PARK STREET
RALPH RICHARDS
WILLIAM E. NODINE
WILLIAM W. GILKEY
CLEARWATER, Fl.ORIOA 33516
(BI31443-3261
...OHN D, F"ITE
LARRY K. MEYER
DENNIS P. THOMPSON
February 6, 1974
...OHN E. SLAUGHTER, "'R.
EMIL G. PRATES'
.... MARVIN GUTHRIE
R. CARLTON WARD
PURCHASER'S CLOSING STATEMENT
PURCHASER: CITY OF CLEARWATER, FLORIDA, a municipal corporation
VENDOR: PEACE MEMORIAL HOMES, INCo, a Florida non-profit
corporation
PROPERTY: Lots 365-370; 435-440; 503-507; 572-578; 642-650,
DEL ORO GROVES SUBDIVISION
Purchase Price
To record Warranty Deed
State doc. stamp for promissory note
$140,000000
4.00
157.50
$140,161050
Less:
Previously paid
Purchase Money Mortgage
5,000.00
105,000000
Vendor's share estirn.
1974 taxes ($766088)
78.81
110,078081
$ 30,082069
Cash balance due to close
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AGREEMENT FOR PURCHASE
AND SALE OF REAL ESTATE
THIS AGREEMENT, made and entered into this ;<6~ day of
October, A. D. 1973, by and between PEACE MEMORIAL HOMES, INC.,
a Florida non-profit corporation, 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 situate in Pinellas County,
Florida, to wit:
Lots 365 through 370, inclusive; Lots 435 through 440,
inclusive; Lots 503 through 507, inclusive; Lots 572
through 578, inclusive; and Lots 642 through 650, inclusive,
Del Oro Groves Subdivision according to the map or plat
thereof as recorded in Plat Book 12, page 2 of the Public
Records of Pinellas County, Florida, together with all
riparian rights.
The total purchase price for said property shall be the sum of
One Hundred Forty Thousand Dollars ($140,000.00), payable at the times and
in the manner following:
$5,000. 00 cash to be paid as a binder upon execution of this
Agreement which shall be held by Ralph Richards, Attorney
for Seller, receipt of which is hereby acknowledged;
$105,000.00 to be represented by a purchase money mortgage
payable $52,500.00 per year over a period of two (2) years,
with interest on the unpaid balance at the rate of five per cent
(5%) per annum. All or any part of the unpaid balance secured
by the purchase money mortgage may be prepaid at any time
without penalty;
Balance shall be paid in full at time of closing.
The Closing of this transaction shall be on or before ninety (90) days
from the date hereof, but not before January 2, 1974, and pos ses sion shall
be delivered as of the date of closing and delivery of the Warranty Deed.
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IN CONSIDERATION WHEREOF, Seller agrees to convey said property
to said Purchaser by good and sufficient Warranty Deed, with a fee simple,
marketable title, free and clear of all encumbrances of record.
Seller shall, at its expense, obtain title insurance, certified to the
date of this Agreement or later, evidencing a good, record, unencumbered,
marketable title. Purchaser shall have fifteen (15) days after delivery of such
title insurance commitment for examination and acceptance thereof and/ or
to notify Seller, in writing, of any objections to said title. If no notification
is received by Seller within said time, then said title shall be conclusively
deemed to be acceptable to the Purchaser. In the event Seller I s title is not
good and marketable of record, it shall have a reasonable time thereafter
to perfect same, and if such defects are not cured within such reasonable time,
then Purchaser may demand the return of all earnest monies paid by it and
cancel this contract, or waive the defects and accept the property without
deduction on account of said defects. If Purchaser shall default under this
contract, the earnest money deposit shall be retained by Seller in lieu of
liquidated damages and/ or as rental for the premises.
Taxes for 1973 and all prior years shall be paid by Seller, and taxes
for 1974 shall be prorated as of date of delivery of possession. Seller shall
affix the required documentary tax stamps on the Deed and shall pay the
intangible tax and record the mortgage. Purchaser shall affix the required
documentary tax stamps on the mortgage note and record the Deed.
It is understood and agreed between the partie s hereto that the above
described real property shall be deeded as a public park in perpetuity.
This Agreement shall be binding on the successors and assigns of
the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Atte st:
{J~ .13, !?w...VJ-i"h
Secretary
Witnes ses:
JC/
Asst.
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PEACE ~EM, OR~NC.
By /~LI- .>
President
SELLER
CITY OF CLEARWATER, FLORIDA
By J~il(~t/~al~J:
Attest:
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LAW OFFicES
RICHARDS, NODINE, GILKEY & FITE
LINCOLN & PARK
RALPH RICHAAD~
WILLIAM E. NODINE
WILLIAM W. GILKEY
JOHN O. FITE
CLEARWATER, FLORIDA 33516
TELEPHONE 442- 5103
LARRY K. MEVER
November 22, 1968
Mr. Merritt Stierheim
City Manager
City Hall
Clearwater, Florid~ 33516
Dear Mr. Stierheim:
You are probably familiar with the transaction
by which the City of Clearwater purchased a home from
Nell S. Harrison some years ago. There were five notes
for $5,000 each made payable to Peace Memorial Homes,
Inc., which organization we represent. We are advised
that the note due November l5, 1968, has recently been
paid, and we enclose the cancelled note herewith.
Very truly yours,
RICHARDS, NODINE, GILKEY & FITE
RR/je
By .) / 7!;~.~/
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Enclosure
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3586eZB
IIOR 2285 PAGE257
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FUND FORM 1 (OG) (Rev. 211172)
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I OPINION ON TITLE
/I RICHARDS, NODINE, GILKEY, FI1.E,
~ MEYER & THOMPSON, P .A.
~ (Attorney or FIrm of Attorneys)
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fljJ Owner
I Declared value of property:
; . 140.000.00
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Florida Press-30M~ 173
Clearwater
FIorIda
33516
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19~ at 5:00 PM i
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1253 Park Street
(Address)
IlJ\d GUARANTEE OF TITLE (OWllER) by
Lawyers' Title Guaranty Fund
Qualified with tmd lupervised by r,..,wance Commiuioner of FIorldiI
ORLANDO, FLORIDA
CITY OF CLEARWATER. FtORIDA.a municipal corporation
Effective date 01 thls document:
February 6
Based on an examination of the certWed abstract 01 title (or certified chain 01 title and an examination 01 the pub!lc recorda lDdicated
thereby), and an examination of the public records subsequent to the period covered by the abstract or chaID 01 title., the undersigned, a
member (or a linn composed of members) of LAWYERS' TITLE GUARANTY FUND, hereby renders the above DaJIled Owner thls oplD1on and
advises that, In the oplD1on of the undersigned. the estate or Interest 01 the Owner In the real estate described In Schedule A hereof Is the
estate or Interest specllled In said Schedule A, and further advises that, In Ule oplD1on of the undersigned. such estate ,or Interest ,01 the Owner
Is free of aU encwnbrances, 11 J\f't8tf"ther Db ectI~ ex t,~ encumbrances, liens, and ,other objections as are shown by Schedule B
hereof. RICHARDS,N 7':/ GI ~~ ~.~, MEYER & THOMPSON, P.A.
B : 0-"'- (SEAL) March 4. 1974
Member's D.te SIgned
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GUARANTEE OF TITLE
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IN CONSIDERATION of the above named attorney at law (or firm of attorneys at law) havIDg qua1IJIed as and being a member (or mem-
bere) of LAWYERS' TITLE GUARANTY FUND, LAWYERS' TITLE GUARANTY FUND (a business trust under the provision 01 the Dec1ara- "
tlon of Trust filed WIth the Secretary 01 State of Florida, at Ta1lahaaee, Florida, on March 22, 11147. and any amendments to the Declaration 01 "
Trust) subject to the Conditions herein, guarantees to the Owner nsmed above, the Owner's legal representative, helra, and/or devises, that
the estate or Interest of the Owner spec1lIed In Schedule A hereof In the real estate described In said Schedule A Is free of encumbrancea, "
liens, and other objections. except such encumbrances, 1Iens and other objections as are referred to In Schedule B hereof; and, subject to the
CoDdltlons herein, w11I pay to the Owner aU loss or damage, In an amount not to exceed the amount 01 the declared value of the property, as
stated above. the Owner may sustain because of encumbrances, liens. or other objections on or to the estate or interest of the Qwner that are
not excepted In Schedule B (or excluded in the Conditions) hereof. Th1s guarantee shall become effecUve when the op1n1on above has been
cluly signed ancl delivered by a member of LAWYERS' TITLE GUARANTY FUND.
SCHEDULE B
This opinion and guarantee. in addition to any exceptions, In the description In Schedule A-lI hereof. Is subject to:
1. All taxes for the year of, the effective dste of thls opinion and guarantee, unless noted here that such taxes have been paid.
2. !tI~ '1"""'DS"'''''_''"'''''''~_-tIJeooOwIl....,
3. Facts that an- accurate, survey;, or' personal inspection of the property disclosed or would have disclosed.
4. ~""~~...~...",,-.......JlO1at..-.--....
5. 'Zoning and/or other restrictions and prohibItions Impooed by governmental authority, :
~e:~as~den:V;~t;t~'h~; ~d f':,~~~ffi"'n~~~~ a~~ ,:y~og~to~r~~~~e~~:~:~e~4'edule A-lI. Other restrictions, ease- :
7. Tide lands, lands comprising the shores and bottoms of navigable waters, ;
lands beyond' t'he harbor' -'or, bulkhead lines as ..established hv the United State ~
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Th late Int t f 0 Fee S4mple. I
e es or eres 0 wner covered by thJs doc:um.ent is: .... I
Record evidence O,f the Owner's title Is: Warranty Deed to City of Clearwater, Florida, a 11
municipal corporation, from Peace Memorial Homes, Inc., a corporation "
not for profit organized and existing under the laws of the State of :
Florida; said deed dated February 5, 1974, filed February 6, 1974, and i
recorded in O.R. 4133, Page 636, Public Records of Pioellas County, Florid;
3, The real estate on which this opinion Is rendered and thls guarantee 1S gtven Is located In Pinellas County, ~
Florida. and 1s described as: ;'
,,,'
Lots 365 through 370, inclusive; Lots 435 through 440, inclusive;
Lots 503 through 507, inclusive; Lots 572 through 578, inclusive;
and Lots 642 through 650 ,inclusive, DEL ORO GROVES SUBDIVISION, I:
according to the map or plat thereof as recorded in Plat Book 12, !
page 2, of the Public Records of Pine lIas County, Florida. ~
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Lawyers' Title Guaranty Fund
SERIAL
IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has causecl thls document to be executed In Its name by its President
and Executive Secretary and Its seal affixed, aU by direction of Its Board of Trustees.
BY&/~
237 -
OG
N9
614842
(MEMBER RO.)
Paul J, Stichler
President and Executive Secretary
SCHEDULE A