LILLIAN TRESSEL URSCHEL
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o. ~. 4064 PAGE1444 ~
. !. 731:09665 I ( RAMeo FORM 4
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1- day of August ,A. D. 1973 .
This Indmturt, Made this
JtlWttn
LILIAN TRESSEL URSCHEL, a widow, also known as
Lilian T. Urschel,
of the County of Pinellas
party of the first part, and
whose mailing address is
PO Box 4748, Clearwater,
of the County of Pinellas
and State of Florida
CITY OF CLEARWATER, FLORIDA, A Municipal
Corporation,
and State of
Florida
party of the second part, 1t!filntsStlh, that the said part y of the first part. for and
in consideration of the sum of---------Ten---------___________Dollars. and other yood
and valuable considerations to her in hand paid, the receipt whereof is hereby acknowl-
edged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bar-
gain, sell, convey and confirm unto the said party of the second part and her heirs
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 508 through 511, inclusive; Lots 579 through 584,
inclusive; and Lots 651 through 656, inclusive, all in
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; subject to restrictions and easements
of record.
~
This property is deeded to the City of Clearwater for park
and recreational purposes in perpetuity.
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Jogtthtr with all the tenements, hereditaments and appurtenanres, with every pr!vileg-e,- ri~!Y!~
title, interest and estate, dower and right of dower, reversion, remainder and easement l.~et~~f)
belonging or in anywise appertaining: 10 ilaUt and to Mold the same in fee simplet.ore~er.
And the said party of the first part do es covenant with the said party of the
serond part that she is lawfully seized of the said prf'mises, that they are free from
all encumbrances and that she has good right and law-
ful authority to sell the same; and the said party of the first lJUrt does hereby fully warrant
the title to said land, and will defend the same against the lawful claims of all persons whomsoever.
In ~ilntss Whertof, the said part y
of the first part ha s
hereunto set her
hand
and seal
the day and year above written,
Signed, sealed and delivered in our preunce:
:...........~.~...f!~=..
-------- ----. - ____W___h__ ____h___ _ ___ ____ ______ _. ----___________h_____ .
Lilian Tres sel Urschel
---,.--a-!kfa---Lilian:--T-.-, -Urs-ehel-------------- .
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--. - - -- --. -------, _____nm_._______. ____.0____ ________________.____._. ___ .
RETURN TO:
This instrument Vl~8 p:'cp:'.c'd by: , CITY CLERK
HERBERT Ii:'. K_C\,'i~, C L ~,<,'__ey P. O. ROX 4748
City of Clearw~~tt"l', P. O. BUA'1148 CLEAH.'W'ATEIl. FLA.
Clearwater, Florida 33510
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This IIlS!rumen! p para! by:
Address
1~-o~S-d0-J6:
G (?_ L/ 0 l? <I r c'--tr- / <I >L//
O. R.4064 PAGE1445
Jlale of
€ounly of
FLORIDA
PINE LLAS
11aereby €erlify, That on this day, before me, an officer duly authorized in the State afore-
said and in the County aforesaid to take acknowledgments, personally appeared
Lilian Tressel Urschel, a widow, also known as Lilian T. Urschel,
to me known to be the person
described in and who executed the foregoing instrument and
she acknowledged before me that s he executed the same.
'Uilness my hand and official seal in the County and State last aforesaid this
!'~ut?:\' ~_::.__;:'~!1;c._! r:: ('f --:-'''>~-:~~3 .,:t C":'>...;:',I.O'~,...,
My Commis~io:1 [;i.pi,cs AU? :,__l:J7~ '. '.,"
Bonded by :I ran~..l[IHmCa In:>ura,,~e eli',,//. i !'
'''IJ('/lli'i
day of
August
, A. D. 1973
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Notary P blic,; U:' i.J; J Ci \
My commission expires "" =o-=- :
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MORTGAGE DEED
THIS INDENTURE, made this 8th day)f August, A.DG 1973, betweEn
the CITY OF CLEARWATER, FLORIDA, amT!'licipal ':oTpC'Tatio:'l, called
:~':' ~.~:::.-~;:::.;:::.-; c:.::::- ~~.t...:: ':'::==~=~ :;::,;-::-:7{k~-;-,. ,..,""'.. KIf"'Aln:;a~ 1....'~T1 .
Urschel, a widow, called the Mortgagee,
WITNESSET~1:
That said Mortgagor, for and in consic.eration of the sum of Fifty-Two
Thousand Five Hundred Dollars ($52, 500G OO) 10 it in hand paid by the said
Mortgagee, the receipt whereof is hereby acknowledged, has granted, bar-
gained and sold to the said Mortgagee, the folJowing described land situate,
lying and being in the County of Pinellas, State of Florida, to wit:
Lots 508 through 511, inclusive; Lots 579 through 584,
indus ive; and Lots 651 through 656, inclusive, all in
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,
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 sha.ll pay to the said
Mortgagee a certain promissory note of even date, copy of which is attached
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hereto, and shall perform and comply with each and every stipu1a.tion,
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 promptly when due; and to pay the taxes and assessments on
said property.
Should any of the above covenants be broken, then said note and all
moneys secured hereby shall without demand, if the Mortgagee so elects,
a.t u1J.C", beconH~ Que and payable and the mortgage be foreclosed, and all
costs and expenses of collection of said moneys by foreclosure or otherwise,
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induuing :bo:i.icitor!:; fee::;, ::;:1101.1. be pain by 'the lviortgagor, and the saIne are
':c.:'cb~t s.:.~-...:~:~d.
IN WITNFSS WHERF()F' t'h~ (';4-:~ "f C"".,....,.,h.,... T.'" '!-~ jf-, .,.~u~i'::i~::::~
corporation, by and through its proper officia.ls, has caused this mortgage to
be executed the day and year first above written.
.
CITY OF CLEARWATER, FLJRIDA
v oun'ters1gnett:-
I sl H. Everett Hougen
Mayor..Commisdioner
:.3y /5/ G. B. Weimer
Acting City Manager
.\ttest:
Approved as to form & correctness:
151 Herbert M. Brown
City Attorney
Is/R. G. Whitehead
City Clerk
STA TE OF FLORIDA )
)
COUNTY OF Pll\IELLAS )
I HEREBY CERTIFY, that on. this 8th day of August, A. D. 1973,
before me personally appeared G. B. Weimer, H. Everett Hougen, R. G.
Whitehead and Herbert M. Brown, respectively Acting City Manager, Mayor-
Commissioner, City Clerk and City Attorney of the City of Clearwater, Florida,
a municipal 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 o~ficers 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
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Pinellas and State of Florida, the day and year last above written.
I s I Betty A. Rus sell
Notary Public
My Commission Expires:
A ug. I, 1974
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1\'10RTGAGE NOTE
$52,500.00
Clearwater, Florida
A ugus t 8, 1973
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FLORIDA, a municipal corporation, promi.se3 to pa.y to the order of
LILIAN TRESSEL URSCHEL, also known as Lilian T. Urschel, a widow,
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the principal sur.:l of FIFTY -TWO THOUSAND FIVE HUNDRED DOLLARS
($52,500.00) with interest thereon at three and one-half percent (3 1/2%)
per annum from date until paid, in the following manner:
The sum of Five Thousand Two Hundr,~d Fifty Dollars ($5,250. OO),
together with interest thereon, to be paid on the 8th day of February and the
8th day of August each year, beginning with the 8th day of February, 1,974,
until paid in full.
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 this note through an
attorney, the City of Clearwater hereby agrees to pay all costs of such
collection, including a reasonable attorney 's fee.
CITY OF CLEARWATER, FLORIDA
Countersigned:
/ s/ H. Everett Hougen
Mayor-Commissioner
By / s / G. B. Weimer
Acting City Manager
Attest:
Approved as to form & correctness:
/ s / Herbert M. Brown
City Attorney
/s/ R. G. Whitehead
City Clerk
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Clearwater, Florida
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Seller: Lilian T. Urschel
Purchaser: City of Clearwater, Florida
Property Description: Lots 508 thru 511; Lots ~79 thru 584 and
Lots 651 thru 656, Del Oro Groves Subdivision
Credits to Seller:
Sales Price
$70,000.00
Credits to Purchaser:
Earnest money deposit
*Pro-rata share of real estate
taxes as credit
Cash on Closing
Purchase money mortgage
$ 5,000.00
12,500.00
52,500.00
$70,000.00
$70,000.00
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Purchaser's Expenses:
Documentary Stamps on Deed:
State $210.00
Sur-tax 77.00
$287.00
Documentary Stamps on Mortgage
78.75
Intangible Tax on Mortgage
105.00
Recording Dee("
6.00
Recording Mortgage
8.00
Title Insurance - Chelsea Title
$484.75
435.00
$919.75
* 1973 taxes are not prorated. as of closing because same were not available.
Pa:<eh.6.::l'CY ..ill aea:tist 8dley'B :r;Y8yata Bka:-c fY8m ii!s firBt m.ertgage paytr~cnt.
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Clearwater, Florida
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City of Clearwater
PO Box 4748
Clearwater, Florida 33518-
Gentlemen:
The transaction whereby I have sold 'the following described
real proI?erty:
Lots 508 through 511, inclusive; Lots 597 through 584,
inclusive; and Lots 651 through 656, inclusive, all in
Del 01'0 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,
to the City of Clearwater haS' been closed this date.
All of the real property in Pinellas County, Florida, has recently
been reassessed for real property tax purposes and the exact arnount of the
1973 real property taxes on said property is not available at this time.
Therefore, on the closing statement there was no proration made of said
1973 taxes. The exact amount of said real property taxes for 1973 will be
available on or about November 1, 1973.
If, at the time the am.ount of 1973 taxes is available, the City will
notify me of my prorata share thereof accrued from January 1 through
August 9, 1973, I will immediately remit to the City of Clearwater the
necessary funds for the payment of such taxes. I request that all correspondence
concerning these taxys be addressed to n~e at the following address:
Very truly yours,
/.)
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Lilian Tressel Urschel
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~ -,- OWNER'S POLICY . ( ~
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I Cke lea :1i1e anJ (juaranl'J Compan'J ~
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~ HOME OFFICE, ATLANTIC CITY, N. J. ff'~
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~ Binder No. 187670 ~
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~; App. No.....??..".9J-.9............ Amount...$.7.9.-'.9.9.Q.~..QO ~~
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~ 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 ~
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~ agree that it will pay to ~
~ CITY OF CLEARWATER, FLORIDA, A Municipal Corporation ~
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~ hereinafter called the Insured, the heirs, devisees, or personal representatives of the Insured, all loss and damage ff'~
~ not exceeding SEVENTY THOUSAND AND NO/IOO ---------------------------- ~
~~ ---------------------------------------------Dollars ($ 70,OqO.00 ), ~
~ which they, or any of them, shall sustain by reason of any defect or defects in the title of the Insured to the ffl~
~ estate or interest of the Insured in the real estate described under Schedule A, hereto annexed, or by reason .~
~,.u of liens or encumbrances against the same as of the date of the final examination of the title thereto, to-wit: ~
~ August 10, 1973 at 3:39 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'~
~ 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'~
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~ This Policy shaU not be binding until it shaU have been countersigned by an authorized signatory of the ~
~ Company. ~
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~~ In Witness Whereof, C~,l~(la :Jul. and '::Juaranf'l ~
~ Compan'l has caused these presents to be signed in facsimile by its duly ffl~
~ authorized officers and its corporate seal to be affixed in accordance with ~
~~ its By-Laws, this the 15th day of ~
~ October, 1973 ffl~
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~ Ct..lea :lffe and (fuaranf',! Compan',! ~
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~I y:./ ATTEST:~_a ~~ ~
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G eihoneig, Assistant Title Officer ~
Clearwater Office ~~
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Florida-2-Form 25
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SCHEDULE A
App. No. ......~.~-'.9)..9........
Policy No.: ....~;13.$.?9.....
Insured: CITY OF CLEARWATER, FLORIDA, A Municipal Corporation
Effective date: Augus t 10, 1973 at 3: 39. p. m.
Amount of liability: $ 70,000.00
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 othermeans by which the estate or interest covered by this Policy is vested in
the Insured is described as . follows:
Warranty Deed executed by Lilian Tressel Urschel, a widow a/k/a
Lilain T. Urschel in favor ofC:i ty of Clearwater, Florida! dated
August 9, 1973 filed August 10, 1973 at 3:39 p.m. in O. R. Book
4064, page 1444, of the Public Records of Pinellas County, Florida.
* A Municipal Corporation
3. Description of the land in which the Insured has the estate or interest covered by this Policy.
Lots 508 through 511 inclusive; Lots 579 through 584 inclusive, Lots
651 through 656 inclusive, DEL ORO GROVES, according to the map or
plat thereof as recorded in Plat Book 12, Page 2, of the Public Records
of Pinellas County, Florida.
. Weihoneig, Assistant Title Officer
Clearwater Office
,
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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 o~ below the surface of the land not
disclosed of record or arising by necessity or implication.
4. Possible unfiled mechanics' and materialmen's liens.
5. All assessments and taxes for the year 1973 and all subsequent years.
6. Liability for municipal improvements made or authorized but not assessed.
7. Conditions, restrictions, reservation, limitations, easements contractual
or for utilities, shown of record or by filed plat or plan, as follows:
( a)
Subject to restrictions and conditions not voided by law as imposed
in o. R. Book 20, Page 499, Public Records of Pinellas County, Florida.
Subject to reservatt.on in o. R. Book 4064, page 1446, of the Public
Records of PinellasCounty, Florida. This property is deeded to the
City of Clearwater't'or Park and recreational purposes in perpetuity.
8. Title to furniture, furri.:ishings, fixtures and equipment whether attached
or unattached to the re~lestate is neither guaranteed nor insured under
the terms of this policy. Title to mobile homes or modular homes is nei-
ther guaranteed nor insured under the tenus of this policy.
(b)
9. Subject to terms and con.ditions of that certain Mortgage executed by the
City of Clearwater, Florida, a municipal corporation in favor of' Lilian
Tressel Urschel a/k/a Lilian T.<iUrschel" a widow .dated August 8, 1973,
f'iled August 10, 1973 in O. R. Book 4064, page 1446, of the Public Re-
cords of' Pinellas County, Florida, in the amount of $52,500.00.
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Form No. 22-8
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CONDITIONS AND STIPULATIONS OF THIS POLICY
1. The Company shall have the right to, and will, at its own cost and
expen.<';c, defend the title insured by this Policy in any action of ejectment or
other action or proceeding founded upon a claim of title, encumbrance 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 actirm or proceeding; provided, however,
that failure to notify the Company as aforesaid shall not prejudice tbe claim of
the Insured if the Insured shall not be party to such action or proceeding; nor
be served with summonses, proces..5 or notice therein; nor have any knowledge
thereof. The Company reserves the option of settling the claim or paying the
Pulicy in full; and the payment, or tender of payment, to the full amount of
this Policy sh,1l operate as a full relea.'e and discharge of lhe Company from
any and all liability under this Policy.
2. Whenever the Company shall have settled a claim under this Policy, it
shall he subrog2ted to the rights and remedies of the Insured against any other
person or property in respect to Lbe subject matter of such claim and the
Insured shall transfer or cause to be transferred to the Company such rights,
.c;ecurities 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
belong. and on demard shall be paid to the Insured. The Insured warrants that
such rights, securities and remedies shall vest in the Company unaffected by
any act of the Insured.
3. Nothing contained in this Policy shall be construed as insuring against
loss or oamage by reason of fraud on the part of the Insured, or by reason
of claims arising under any act, thing, or trust relationship done, created,
suffered or permitted by the Insured; or by reason of the fact that the Insured
was Dot a purchaser for value, or that the acquisition of the estate o.r interest
hereby insured contravened the laws of the United States establishing a uniform
system of b~ulkruplcy; or against the rights of dower and homestead, 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 reCusal of any party to carry out any contract
to purchase, leClSe or loan money on the estate or interest insured.
4. A statement in writing oC any loss or damage (or which it is claimed the
Company is liable shall be furnished to the Company within sixty days after
such los~ or damage, and no right of action shall accrue under this Policy until
thirty days after such statement shall bave been furnished and no recovery
shall be had under this Policy unl..." action shall be commenced thereon within
one year after the expiration of .said last mentioned period oC thirty days; and
a failure to furnish such statement of loss or damage, and to cO,mmence such
;Jction within the time hereinbeCore 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 of the property described herein,
shall reduce the amount of insurance pro tanto, and DO payment can be
demanded without producing the Policy for endorsement oC such payment. If
the Policy be lost or destroyed. indemnity satisfactory to the Compaoy must be
furnished. It is cJl:pressly understood and agreed tbat any loss payable under
this Policy may be applied by tbe Company to tbe 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 the amount so paid shall also be
deemed a payment to tbe Insured under this Policy. The aggregate liability
of the Company under this 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 be construed as insuring (I)
against the consequence.c; DC any law. ordinance, or governmental regulation
(including building and "zoning" ordinances) limiting or regulating the use or
enjoyment of the property herein described or the character, dimensions, or
locations of any improvementB erected or to be erected thereon. or (2) against
the consequences of the exercise or attempted exercise oC lIpolice power" or the
power of "eminent domain" over said property, or (3) the title to any personal
property, whether the same he attached to or used in connection with the
property hereby insured or otherwise, or (4) the title or rights of the Insured
in 'ny property beyond the line of the property described in Schedule A, or
jn any streets, roads, avenues, lanes or ways in said property or upon which
said property abuts, or to tide lands or lands comprising the shores and bottoms
of navigahle rivers, lakes, bays, ocean or gulf, or lands beyond the line of the
harbor or bulkheao lines as established or changed by 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
1tunicipal laws, regulations and ordinances, or (6) against loss or damage
by reason of mechanics' or materialmen1s liens, liens of contractors, sub-
contractor3 or other liens arising out of the construction or repair of buildings
and improvements on the property, the title to which is hereby insured, not
filed or of record at the effective date of this Policy, or (7) against loss or
damage' by reason of the rights, titles or occupancies of parties in actual posses.
,ion of any or all of the property herein described at the effective date of this
['olicy, 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 tbe title,
which wrre found upon examination of title to exist at the effective date of
this PGlic)'. but which shall have been satisfied or removed prior to the date of
lhe 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 be computed and settled on a pro rata basis 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 this 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 which 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 sucb defect, encumbrance, taxes or assessments.
10. Any untrue statement made by the Insured, or agent of the Insured,
with respect to any material Cact; any fraud perpetrated; any .suppression of or
failure to disclose any material facts; any untrue answer by the Insured, or
the agent oC the Insured, or the agent to the Insured, to material inquiries
hefore the issuiog of this Policy, shall void this Policy.
11. The term "the Company" as herein used, means CHELSEA TITLE
AND GUARANTY COMPANY. and the term "the Insured" means the person
or per30ns in whose Cavor this Policy is issued.
12. Ko officer, ageot 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 defin~d.
This Policy IS not transferable to subsequent owners. A Reissue Policy in favor of new purchasers should be
obtained.
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10/30/73
rhese restrictions were brought to the attention of the City at the
)f closing but it is believed they will not hamper in any way the de
)f the park since the City will have the whole block of lots in the v
lear future.
Guy L. Kennedy, Jr.