Loading...
ELIZA BRYANT ~, (. 1 , '- REAL ESTATE CONTRACT THIS AGREEMENT, made this /~ day of ~~ 1962, between ELIZA BRYANT, a widow, hereinafter referred to as the "Seller", and CITY OF CLEARWATER, a Florida Municipal Corporation, hereinafter referred to as the "Purchaser". WITNESSETH That in consideration of the mutual promises and covenants herein contained, and other valuable considerations passing between the parties hereto, the Seller agrees to sell and the Purchaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida: LOT THREE (3) of A SURVEY OF REEDIS LOTS, according to the map thereof recorded in Plat Book 9 page 107 public records of Pinellas County, Florida; together with all structures situate thereon, otherwise known as 709 Maple Street, Clearwater, Florida. The total purchase price of said property shall be the sum of $3300. 00 payable at the times and in the manner following: Purchaser shall pay the sum of $3300.00 in cash on or before ninety (90) days from date hereof, at which time this transaction shall be closed. m CONSIDERATION WHEREOF the Seller agrees and promises to convey to the Purchaser by good and sufficient warranty deed con- taining full covenants of warranty a fee simple, marketable title to the real estate above described, free and clear of all encumbrances whatsoever, except as herein_othe_rwise provided. The Seller agrees to deliver to the Purchaser, as soon as the same can be obtained with reasonable diligence, a commitment for title insurance in the amount of the purchase price, which commitment shall show a marketable, unencumbered, fee simple title to said property in the Seller except as herein otherwise provided. The Purchaser shall -1- IJ.-OJ ?,-'oi (J.8)! 1 , '. have a reasonable time after the delivery of said commitment for the examination thereof, and within said period shall notify the Seller in writing of any objections to said title. If this notification is not given within a reasonable time, then said title shall be conclusively deemed to be acceptable to the Purchaser. In the event that the title of the Seller is not good and marketable, the Seller shall have a reasonable time thereafter to perfect the title; and if the defects are not cured within such time, then the Purchaser may demand a return of all earnest moneys paid by him and cancel this contract, or waive the defects and accept the property without deduction on account of said defects. Taxes for 1961 and prior years shall be paid by the Seller. Taxes for the year 1962 shall be prorated between the parties hereto as of the date of delivery of warranty deed as aforesaid. The Seller shall place the necessary Documentary Tax Stamps upon the Warranty Deed given in pursuance of this Agreement; and it shall be a specific condition of this Agreement that the Seller will notify any and all tenants, presently occupying the aforesaid premises, to vacate and leave said premises in good condition within the period of ninety (90) days from date hereof. This sale shall be completed as soon as the commitment afore- said has been examined by the Purchaser and Sellerf s title found to be as herein represented, and in any event the sale shall be closed not later than ninety (90) days. The time of payment shall be of the essence hereof, and upon default in payment of any part of the purchase money as and when the same becomes due, the Seller may rescind this contract, retaining the cash consideration paid therefor as liquidated damages, and thereupon this contract shall be null and void. Possession of the vacated premises and real property covered by this contract shall be delivered to the Purchaser upon closing of this transaction. -2 , ~ -. ~ , J The obligations and benefits under this contract shall extend to the personal representatives, heirs and assigns of the respective parties hereto. rn WITNESS 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: Attest: ~~i:~ r.;< C~~,~l~,r'~ ~.. .:. ~ ~'~ :: .~... Signed, sealed ana delivered in the presence of: -3- ~"~ (SEAL) Eliza Bryant Seller CITY OF CLEAR WATER, FLORIDA By ~,r2 k~ ~/ City Manager Y~C.A' .~ lty, ttor ' y Purchaser _ f I ~ITY OF CLEARWATER . Interdepartment Correspondence Sheet TO: City Clerk FROM: Right of Way Agent COPIES: City Manager, City Attorney, City Engineer SUBJECT: Maple Street Land Acquisition DATE: November 20, 1962 RE: Lot Three (3) of A SURVEY OF REED'S LOTS Owner: Eliza Bryant, a widow 709 Maple Street Settlement of the purchase of captioned property was effected this date. Attached hereto are Warranty Deed, Affidavit of No Liens executed by the owner; and Commitment for Title Insurance by Pinellas County Title Company (Order No. 42675) in favor of the City, premium for which has been paid by the owner. The funds for required Documentary tax stamps have been collected and accounting made to Finance Department. HRM/ mc Att. ,J I !ITY OF CLEARWATER , Interdepartment Carrespandence Sheet .~ TO: Fba:ra.., D.,u..... FROM: JUght of Way A._ / COPIES: City Att.....,. CUr _..Ie SUBJECT: Maple !tr.., Laa4 Aq1ddtt_ DATE: ....mb." z.,l96' U: Lot ThI-.. fS) ., A suavn 01' .2R1)" LOT' Owa.,.: _.. BryaIlt. . wiclow '" Wapi. _.., AtaClMcll. .... " .. e........*. .. ..... ........~... u owa.. at clMlaa. ... fo11owe: Doc. Tax .......: ... .......at $'.60 -d:I h...... of 196& .,... 'a. II ,1I:lr Attac." 1. PlMn.. C.., .,.. .... f. 19'a ..... la .. .... ., J. JL ..,......... ..... ....., ., ....14. ., wII&cIa tM....... ,.... ..Mi. ""1. 11 ba......, .......... PI... ute dtat J. K. Br,aat 1. ........ aM w.......... __ ...,...1. eM "'... ., .. title .. R1ItJ.., .".,eriy.... GUy fII. C.......... HUUmc , ./"" ,,' f /(, ,6 0' ?,n 1",.?/ - ((J i..' v " . I , _tIl'1~. _..~............ ......_. .,.. .,1 n 4.. .....n .-.-. ...... c. .. AJI.&"" .. -... ..... ...... .. ....,....N.. ..... .. ' ...... Cllllllur .n... 1II'.......at .Ullllt.. ...IIl'...... - .... ..laM .J...... -...-' ..... ,..MiS',,',','..',",". ",',"',' ,",',,' ,'".,, ,",.,,.,,,,',',.',',mJ,..",,,,,.1II1.1.'.1II1l ...'", ' ,........... .."a..... '::........ .... ....m. IIJ.t .. ..... ......' ~~; . ,.... .....J,l11l1JJr...'.t~..1J* ...W;:/~~d'r3#4,s (JU'1-!y T~OL ! ....... --...,... ..", .,".'.""W",',',..,'i.,....'....-Ddl,'.'" ,',', ...'...,.. n:alI 1....'.';JI~l1t.V... "IT, It.lll"Mlt ...u..... ........... ....... ... .,llIl ~.l"_ Ind m g.rt...... . .'_.";" >-..,~,.::' ~;" "'. ,', "t.',;,.,,,q,'~~, ~... of_ .. I J CITY OF CLEARWATER CITY HALL - P.O. BOX 1348 CLEARWATER, FLORIDA AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared ----' .-.'--- - -._ __. _______',.=,~"_~.___.__'_'_______=__~- - _____._____n_;__________" n__~ ELIZA BRYANT, widow who, being first duly sworn, depose and say 1. That she is the owner of the following described property in Pinellas County, Florida, to-wit: Lot Three (3) of A SURVEY OF REED'S LOTS, according to the map thereof recorded in Plat Book 9, page 107, Public Records of Pinellas County, Florida; together with all structures situate thereon. 2. That said property is now in possession of the record owner 3. That there has been no labor performed or materials furnish- ed on said property within the past ninety (90) days for which there are unpaid bills for labor or materials against s~id property. 4. That there are no liens or encumbrances of any nature af- fecting 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 gov- ernmentwithin the past ninety (90) days, and it is hereby warranted that there are no unpaid assessments against the above property for improve- ments thereto by any government, whether or not said assessments appear of record. 6. That the representations embraced herein are for the purpose of inducing the City of Clearwater, Florida to purchase the above described property. ~~ ~ Eliza Bryant swo,rn.t,~,","H, bscr~ before me thlS "",ay of~~. 19 6' ", J.RL: ~'j ... I . " ORDER NO, 42675 -~--~ CLEARWATER, FLORIDA COMMITMENT FOR TITLE INSURANCE COVERIN G: LOT 3, A SURVEY OF REED'S LOTS, / tJ U ,: ,{ according to Map or Plat thereot as recorded in Plat Book 59, Page 107 Public Records ot Pinellas County, Florida. Upon the payment of the premium and within ninety days, TITLE & TRUST COMPANY OF FLORIDA agrees to issue a FEE Policy of Title Insur- ance, insuring the title to the above described lands, in favor of: ~~~ OF CLEARWATER in the amount or(3,300.00 ,subject to the following exceptions: 1. Any state of facts which might be disclosed by an accurate survey' of the premises. (This exception will be waived if survey is made for use as part of the Title Policy.) Rights of parties who may be in possession of the premises other than the owner of the record title. Any unrecorded liens for labor or material furnished to the property. Taxes for the year 1962; and any taxes or assessments levied or assessed subsequent to ~he date of this commitment. Any Lien for municipal improvements to caption land which has not been filed for record in the office of the Clerk of the Circuit Court of Pinellas County, Florida. (City of Clearwater) 2. 3. 4. 5. The title to the property is now vested in "--' >,~----,,,--,.--. -~. "~.- ELIZA BRYANT The Policy will be written when a properly executed Deed from the above named owner to CITY OF CLEARWATER has been filed for record in the office of the Clerk of the Circuit Court in and for Pinellas County, Florida; provided, however, that nothing has been filed subsequent to the date of October IS, 1962 that would change the condition of the title. TITLE & TRUST COMPANY OF FLORIDA By PINELLAS COUNTY TITLE COMPANY (Local Agent and Attorney-in-Fact) BY~~~ \..J" V. President / (I~ 7' 11:~O~1 ~~ a. ,./ (} "0 r' //i) / .f' il . , I o.~.1559 PAI~t 105 ~12Ll()2U Manufactured d for sale by The H. & W, B. Drew Company ~ ~ ~ day ~t _,~_~c:so:e. ~Iorida ~...... a{lArY--,." A D. 19 62 by -' WARRANTY DEED I' DRE\v'S FORM 01 (REV. I This lflIarrantg leed Made the ELIZA BRYANT, a widow, hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose postoffice address is PO Box 1348, Clearwate r, Florida hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives I and assigns of individuals, and the successors and assigns of corporations) lflIitnesseth: That the grantor. for and in consideration of the sum of $10, 00 valuable considerations, receipt wh~reof is hereby acknowledged. hereby grants, bargains, mises, releases, conveys and confirms unto the grantee. all that certain land situate in County, Florida, viz: and other sells, aliens, re- Lot Three (3) of A SURVEY OF REED'S LOTS, according to the map thereof recorded in Plat Book 9, page 107, Public Records of Pinellas County, Florida; together with all structures situate thereon, CI)>- <:I: ~_ S'TA,r E OF F LORI O'A ~LOCUf\1ENTAS'~,sTA,rv1P T A>: ::-~_. -.~~'!!..~,)'~~:=------ -- ll""'.1/QI5'" /';'(),.?:.C',~l:~("\ _ := 1'.U._v (.('~>/7-I>""eM:'n := =:: ,1~I,... t~'l ' 'I''''' '- :::: -- , KI, ,'-.'IL. ,- 860-- ~ \\ '!.',:i:--~.::_3 II -:: ' :::; ,~OMPTRiJLLER\\ "<.::::,']/ f == R S. : aD! ? 4 ,:-.:"::'<'~ gB\:r~~:,,:-:.:=:::-::-~~:--:~ -, "":"",;..0 LL I ~:::; :;::-= t.~'..1 u..~ '!:...") '..r^......"\,.._^'->'. . ".~V' .'_. '_',,~.' /'.. . '. -,"~' /"'~'-'\/'"../- .:llJ <"" ...n :llJ0 ~:;o IE~ '0' ~-c ~z ""p, :;or- ",r 0:1>- zV. - ~ '-)\.7 r-~ ", .., -,.. ~'~ log ether with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. 10 Have and to Hold, the same in fee simple forever. Rnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent to December 31. 19 62, ---..-.---...--..-........-...--.......------.---.----.----..-------------..--.-.. Eliza Bryant rtIISi --_._-_.._..._..._.__.__.__.~----~_._--_._--_._.._...-._._._---_._..._-_.__.._.~~~-~ - In lflIitness lflIhereof, the said grantor has Signed and sealed these presents the day and year First above written, ~~ STATE OF COUNTY OF FLORIDA PINELLAS I \ SPACE BELOW FOR RECORDERS USE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Eliza Bryant, a widow, to,meknowll", t'1, 'be: the person foregoinginstruinent and she executed the same. described in and who executed the acknowledged before me that tac County and day of 1962 ...."""" . fu"y"~ijMc;"S'fii~(!'ofTroi'j(finirUif My Comm'sson Exp'rcs March 30, 1 lunged by American Surety Co. of N" V" -- Title & Trust Company of Florida-No. T-1l2 A~eriCan~itle Association Owner's Policy - 19601 ,fJ"" /ii$' ~ ,~~ "~~':;N:!p'"1- ,\~~~,L, :;), ::~:. ,l!~~,f,,~~:' \~ ..... ',. 4,L"@ " L~' " $'., D" W~_ .,~ 1U"~" ~ ' " ~ ..wilt, ,'~ I; ~ lli i I ~ ~!l.f ~I .w..@ &" Q~; i "''1..0'",....""",\ ~ '. '....' ~ -~,,,,,~ ,*~"4,.",,",_~qf' @",,,,,. ,,_'" ,..~""",_<<tt,~__ ,"'~~ ~"",,,,' ~Jtdl.ft"~. ~,.~ l;(~!~":(;~' : ..' - f ; ~:~ , ; : i~~~;~l~~ it;. ;~':,;';~~~- 'I a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number and date of which are shown in Schedule A, does hereby in- sure the parties named as Insured in Schedule A, the heirs, devisees,) personal representatives of such Insured, or, if a corporation, its successors by di~solution, mergeIl or consolidation, against loss or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees and expenses which tfte Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shan sustain by reason of: any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the effective date of this policy. IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile. ) mitlr & mrust Q!ompany of 3filnriila l ~%#(~ .,)i) " 'i.:;:~:_'1 /;t::1 (Not valid unless countersigned) tlL (Facsimile) Secretary PINELLAS COUNTY TITLE COMPANY B:,fu~ Ia ~~frestd~nt SCHEDULE A N0. FE 4 5 4 4 5 DATE Novemrer 2�, 1962 AMOUNT $ 3, 300.00 INSURED CITY OF CLEARVJATER, FLORIDA� a municipal corporation 1. The e.state or interest in the land described or referred to in this schedule covered by this policy is:. FEE SI�?PLE 2. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured. WARRANTY DEED from Eliza Bryant, a widow -to- City of Clearwater, Florida a municipal corporatian; whose mailin� address is P. 0. Box 134$, Clear- water, Florida, dated November 20, 19b2 and filed for record November 2$, 1962 as Instrument �#12�.02B, in the office of the Clerk of the Circuit Court in a nd for Pinellas Count y, Florida. (NOTE: �6.60 State Docur��entary stamps and �p3.$5 U. S. Internal Revenue stamps, attached and cancelled.) 3. The land referred to in this Policy is situated in the County of Pinellas State of Florida, and is described as follows: - — --- -------- - — Lo� �'I'Yiree �3 ) of a SV�.��`�TEY-OF��-I�EEI�� 5-- LOTS, according to the map thereof .recorded in Plat Book 9, pa�e 107, Public Records of Pinellas County, Florida. a � ;ar.. ...._ �.: - ---...~~'~ ~- , I SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Any state of facts which might be disclosed by an accurate survey of the premises. 2. Rights of parties who may be in possession of the premises other than the owner of the record title. 3. Any unrecorded liens for labor or material furnished to the prop- erty. 4. Taxes for the year 1962; and any taxes or assessments levied or assessed subsequent to the date of this policy. 5. Any Lien for municipal improvements to caption land which has not been filed for record in the office of the Clerk of the Cirm it Court of Pinellas County, Florida. (City of Clearwater) am 12-26-62 CONDITIONS AND STIPULATIONS _w'~ .-.'w._ ~, 'iJ:!1,~ ~".~.;~ ~,~;~~~ ',' -iliiJ~ ~, v.".~ ;,"'~ IA'IIlIlIil V ~ \\\\Nlo~ ~~~ i....Ii".il/, l\\~!~. '.li;:;,,~: . "'l'J t W~ ~~1isJJJHi. " . ~ I:l ...... I.::f '" Ul tj.... ~ ~ ~ ::: ~~ .9 , !i ~t~~ I ~~ ~g~'~ ~ ~~ 3C1Q~ ~j < tc) ~ ~.. 'i1Iil'r...... - .~~ ;,....~.f~.ia,i,~C,.)iKf'::;?,'j:,; :~ ........... .'~ ~i.. ..,..,_ ".', ",~""'".,'","_' ,"",,<e, 0, 1. Definition of Terms The following terms when used In this policy mean: (a) "land": the land described. specifically or by reference. in Schedule A and Improvements affixed thereto which by law constitute real property; (b) "publIc records": those records which Impart constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; and (d) "date": the effective date. 2. Exclusions from the Coverage of this' Policy This polley does not Insure agaInst loss OT damage by reason of the followIng: (a) The refusal of any person to purchase. lease or lend money on the estate or Interest covered hereby In the land described in Schedule A. (b) Any law, ordinance or governmental regulation (lncludtn~ but not limited to ~~~l~~n~njg:m~~tl~y {hed~~~d~e~~ i::~~~cN~: th~ ~t~~~acV~r~ 3rm~~~r~~i:i6~ l~c~t?~~ugf~~Y ;~i~r~~e~~~du~~~~~nh~h~a~\~ei:"s%~sd oOrn a~~lad ~r~~yorofrg~~~;~~f ~fsfaPnaI.ation in owner- (c) Governmental rights of police power or eminent domain unless notice of judi- cial action to exercise such rIghts appears in the public records at the date hereof. (d) Title to any property beyond the lines of the land expressly described In Schedule A, or title to streets, roads, avenues, lanes. ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels. ramps or any other structure or Improvement. or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured. except that l! the land abuts upon one or more physIcally open streets or highways this policy Insures the ordinary rights of abutting owners for access to one of such streets or highways. unless otherwise ex. cepted or excluded herein. other ~~tte~~f(nscr~~~sd, ~~if~~d'~~i~~m~~ve~~e a~~~~S t;\a;ntS~e tr;s~~~13: aosr \2~U~~~v.?A to the Insured either at the date of this polley or at the date such Insured acquired an estate or interest insured by this policy and not shown by the public records. unless disclosure thereof in wriUng by the Insured shalJ have been made to the Company prior ~~e~~~l~~~~;q~~~tPt~i'ih~ ~~t<:)h~~~~}~lng in no loss to the Insured; or (4) attaching or (f) Loss or damage which, would not have been sustaIned if the Insured were a purctrn:ser ~or -value- without knowledge. 3, Defense and Prosecution of Actions - Notice of ClaIm to be Given by the Insured (a) The Company. .at its own cost and without undue delay. shall provide for the defense of the Insured in all litigation consisting of actions or ~roceedings commenced against the Insured. which litigation Is founded ufton a defect, hen or encumbrance in- ~~~~~ ~r,~~~t r~~o~~~s polley, and may pursue such itigation to final determination in the (b) In case any such action or proceeding shall be begun. or defense interposed, or in case knowledge shall come to the Insured of any claim of title or Interest which is ~~~~~~ioS~~11 ~~tl~:: ~~sYr:~I'e ~y ~r;[~e ~igr~lscap~~Yc l~s~h~rln~~~:!eshf~11 ~~tii1~ ~~: Company thereof in writing. If such notice shall not be glven to the Company within ten days of the receipt of process or pleadings or if the Insured shall not. In writing. prompt- ly notify the Company of any defect, lien or encumbrance Insured against which shall ;~m:c\O ~~it:~c:,fl:~c1; ~!tf~;, I;rSo~~~i~~e~r a~i~febjl~~lyfc~~:e C~::dP~~im\~a~~~a~~O~~d~~~ however, that failure to notify shall in no case prejudice the claim of any Insured unless ~~~hc~~~~~lc:.hall be actually prejudiced by such failure and then only to the extent of (c) The Company shall have the right at Its own cost to Institute and prosecute ~~~r~~l~1oo~s~~gfrs1dlrh~ ~Itl~o a~nrnsoJ~:J; ai~dwr~~hC~nmi~~nil~~; tr:::~ ~;y n:~~~~a;~ai~ :~~il~nn~t"~~~r~~~ ~~~:d~fIJ~~~lif~l~cl w~~~~h:~yO~r~~fsi~n S~~l~h~: ~~,rd~. thereunder and II (d) In all cases where this policy permits or requires the Company'to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to It the right to so prosecute or provide defense in such action or 'proceeding, and all ap- peallf therein. and permit it to use, at Its option, the name of the Insured .for such pur- pose. Whenever requested by the Comlany the Insured shall give the Company all ~~~~i~i~~e ~t~~is:s~c~r a~t~g~cotiti~~oc~i a~fen~~n~ff~~~~g a~ilt~~e~;n~r~~~~J:~:, e~~~entC:e Company shall reimburse the Insured for any expense so incurred. 4. Notice of Loss - Limitation of Action , In li'addiUon to the notIces required under paragraph 3(b), a st~ement in wrltln~ of b~~J~~~s~~:~~:~: ~~~~~~~h 1ft~~nCl~~:dd~~: iI~~~.P:~lh Ifo~~a~~e d~r;:;:~e t~~~lr~~% ~l~ ~~fi[m~~~~ ~~rern~u~~hs\a~~~~~i~~h~~rlhaav~r~:e~o f~~~I:h:~.re:n:tng~r r~~~e~ll~hal~n~ had by the Insured under this polley unless action shall be commenced thereon within ~it1~:ab~ ~~~~::p~a\ig~o%~i~ceth~~~h ~~rIO':ter~~~I.;al~~r~i:e fh~~~T~b:r~~e sst~~:ri~~~ shall be a conclusive bar against maintenance by the Insured of any action under this policy. 5. Option to Pay, Settle or Compromise Clalms The Company shall have the option to payor settle or compromise for or in the name of th...e Insured any claim insured against or to pay the full amount of this policy and = '"' .... - Q ~ lSl.... . Q l-t c.. ::; a 8 c.. '"' ::; ttJ l-t ::; lSl ::: ~ c.. .... - ~ -- ~~~~efRJ{s~~\~~ d~~~e:n~fisPgbfr:a1~d t~~~;~~~e~li~ p~~, Cso~~fi t~~~~:r:' aftifa;iYi~y e~f the Company hereunder. 6. Payment of Loss (a) The liabllity of the Company under this policy shall in no case exceed, In all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obI gated hereunder to pay. all cosl~) Im~~:eao~t:.~n1h~ll~f:ledi~n afi~~~~t~o~o caa~~I~~t~~n~~r1~ea~~~sta~~ ~~~s t~~li~~: sured, and all costs and attorneys' fees In litigation carried on by the fnsured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) If the Company. after havIng received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect; lien or encumbrance within a reaso'n- ~~~~r~icrfn a:~~[li~~ce~~~ ~far~c~r n~Jlre~lrho~~) wf~~t~~a~~~t~ntO~~n~~~il~o~~~~~d by the (d) All payments under this polley, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this polley for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be fur- nished to the satisfaction of the Company. (e) When liability has been definitely fixed In accordance with the conditlons of this policy the loss or damage shall be payable within thirty days thereafter. 7. Liabllit)-. Noncumulative It is expressly understood that the amount of this polley Is reduced by any amount the Company may pay under any policy Insuring the validity or priority of any mortaage or ?:~~t ~~r~a~~~rs~~~~t~~ ~~e[;:dlnt~ui~d ~~rghulfs ~ chhe:i:~ g~ li~K ~0[~~a~endrdes~~1b~J or referred to in Schedule A. 8. Coinsuranc2 and Apportionment su~seq(~~nt I~o tP;e ed:ret ~rat~i~ g~fl~~~ ~~sJ g~f~rrn al::a~ :~e~l,te[~;iOI~s~~ey"g;g~~r:::n~ cOinsurer to the extent hereinafter set forth. It the cost of the alteration or improvement exceeds twenty per centum of the amount of this policy. such proportion only o.f any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to .-- the- sum of the-cmTrnJnt uf=titts poi"icy and- the amount -expended for the alteration or -lm- ~~or~~t~~:ahney f?~et~~~~~t~~'is~~n;r~~fJ\n~O~oalf~~ ~~feo~:: ~r~c~,~~s"~~s~:~~e~~~~r,~ ~~~~~~do~'nt~~c~ns~~~gnru~:u:r~~et~di~:S,t~~s s~~IIhA~tP~~~ry 0[0 \~s~~~t~~%Vtosdeod ~o~ ~~~ ceed, in the aggregate. an amount equal to one per centum of the face amount of this policy. Provided. however. that the foregoing coinsurance provisions shall not apply to any loss if. at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this polley. (b) If the land described or referred to in Schedule A Is divisible Into separate :n~. ~~go~t\~~~~~ ~~~;t\~Sho:d ifaif~l~~~o~~eano~ s~~~eP~~C~I:hrr~a~~~I:sg~t a~O~nilen~: ~O~l~c~h~!~s ~i\~i~~cfu~~g r~~~ ::tl~e~h~ny:,~r~;~hae ~~ :t t~ist~eolf:~e or~~~~ts~~a:~l: independent parcel to the whole, exclusive of any Improvements made subsequent to the date of this gOliCY, unless a liability or value has otherwise been agreed upon as to each ~~~h sg6~~1 bl at~ee;~~~sa~iate~e~~eh~~~i~egr a~/~~ t~~do~sfe~~~ls:tt~~1~cffh~~~io~01lCY 9. Subrogation upon Payment or Settlement ro~~fon:~tral\h~eSo~p~;: <!~~~a~~v~;:lf~recr i~a~~y u~c~e~ftr~~ y~~l~~ed~l~riJgnt S~~l~u:; subrogated to and be entitled to all rights and remedles which the Insured would have had against any person or property in respect to such claim had this pollcy not been Issued. If the' payment does. not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of_ said loss. If loss $hould result from. any act of the Insured, such act shall not void this policy, but the Company. In that event, shall be required to' v.ay only that part of any loss Insured a~alnst hereunder whIch shall exceed the amount, If any, lost to ~~~u~~~ga~~ ~here~~p~ny~h~~:3Fal~~~~~r Olothfh~lg~mOf a~~br~lfa~V~h'tsT~~Jn~~~~I~~ against any person or ~roierty necessar:t in order to ~erfect such right of sUbro~atiOn, rI~~aSt~g~ i~e:orrJfni"~uc~n;.f:~~ ~~ ~~~~dres~ame of t e Insured in any transact on or 10, Polley Entire Contract Any action or actions or rights of action that the Insured may have or may brln~ ~~a:~t ~~C:vI~ro~~a6'l t~l~s~;lg;.t of the status of the title Insured herein must be base en~grf:3v~s~~;0~r o~ona~~g~eaf i~;:tgo~ll~neCcrn b~ t~:IV~~e8~~e~~~n:etl~;c1:es~ae~~ltl~~ Secretary.. an Assistant Secretary or other valIdating officer of the Company. 11. Notices, Where Sent .. beAl~r~~;~:~ i~~u~~~p~n~ S~~lrnb;h:d~~~f:dn1oartd a~n~~~~TeF~r~~t~r~y~gJ~g~~~~~111~~ Florida. It'\ -;t- -;t- It'\ -;t- , f.-iI ~ N '-0 ()'\ .-I 0 -~ l,) U! <r. i ::~~ ....1 C ~ 0:: ~ ". j- 0 rx:I -' E-t /" >... '.1 ~ ~ i'"'~ ""1- .. 0.: ~, LU 'l;~ f):; J .=) <t: ) j:i1 \'i)' ~;: I H ';';-:1 ;];': 0 :;-....''', <I; <;'. ...l u, ~ ..J . '0' ("J LL: j ~ 2: u. ... to N . o :<:=; . :> o :z: