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CITY OF CLEARWATER
CITY HALL - PO BOX n48
CLEARW A TER, FLORIDA
AFFIDA VIT OF NO LIENS
.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the Undersigned authority, personally appeared Elijah
Prophet Jones, Jr. and Minnie Jones, his wife; Christine Miller (formerly knoWn
as Christine Jones) and Edward Miller. her husband,
who, being first duly sworn, depose and say
1. That " " ' they ar e the owner s of the
following described property in PineUas County, Florida, to wit:
That part of Lot Eleven (11), of an unnumbered Block, PALM PARK
ADDITION TO CLEARWATER, as recorded in Plat Book 4, page 86
of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part; lying within the West 30. 0
feet of Section 10, Township 29 South, Range 15 East; BEING THE
FOLLOWING METES AND BOUNDS DESCRIPTION: Begin at the
SW corner of the NW -1/4 of Section 10, Township 29 South, Range
15 East; run thence N 0010104" E, along the West line of said
Section 10, 555.0 feet; thence S 89032130" E, 13.93 to the point
of beginning; thence N 18057131" E, along the East right of way
line of the Atlantic Coast Line R. R., 49.89 feet; thence S 0010104"
o
W, 47.31 feet; thence N 89 32130" W, 16.07 feet to the P.O.B.
2. That said property is now in possession of the record owner s ,
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 hearillg 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 assessrpents appear of record.
6. That the representations
inducing the Cityof Clearwater
embraced l1_~rein ar~ for the pu;-pose of
to pure e ~abo e describ, property.
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Edward Miller
- Sworn- ti> _~~ ~ubscribed before me this
10thday of
,/
November
, 19 64 .
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Notary Public, State of Florida at LargeNotary Public
My Commission Expires March 30, 1965
My Commission Expires Bonded by American Surety Co. of N. y~
1;;-0/3-0;.(1 )
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2-109718
1 /Y/RIt/ j vi
2039 PAGE 326
O.R.
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SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS TO CITY OF CLEARWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, it is proposed by
the CITY OF CLEARWATER, FLORIDA to locate, construct, maintain and/or improve
a portion of Myrtle Avenue in the corpm:-ate
limits of the City of Clearwater, Florida, in accordance with survey and plans on
file in the office of the City Engineering Department; and,
WHEREAS, A portion of the lands involved and necessary to said section of
street is subject to a mortgage
held by the under signed; and,
WHEREAS, On behalf of the City of Clearwater, Florida, a request has been
made for the undersigned to subordinate said encUIr..brance to the property rights
of the City of Clearwater, Florida, in and to the portion of the premises herein-
after described.
NOW J THEREFORE, WITNESSETH: That for and in consideration of the
prerrdses and One Dollar and other good and valuable considerations paid,
receipt of which is hereby acknowledged, the under signed subordinates said
encumbrance to the property rights of the City of Clearwater, Florida, to locate,
construct, Ir..aintain and/ or irr.prove said section of street over, through, upon
and/or across the following described lands, being a portion of the encumbered
premiaes in Clearwater, Pinellas County, Florida, to wit:
That part of Lot Eleven (Il), of an unnumbered Block, PALM
PARK ADDITION TO CLEARWATER, as recorded in Plat
Book 4, page 86 of the Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part; lying
within the West 30.0 feet of Section 10, Township 29 South,
Range 15 East; BE!NG THE FOLLOWING METES AND BOUNDS
DESCRIPTION: Begin at the SW corner of the NW -1/4 of Section
10, Township 29 South, Range 15 East; run thence N 0010'04" E,
along the West line of said Section 10, 555.0 feet; thence S 89032130"
E, 13.93 to the point of beginning; thence N 18057131" E, along the
East rightoof way line of the Atlantic Coast Line R. R., 49.83 feet;
o
thence SO 10104" W, 47.31 feet; thence N 89 32'30" W, 16.07
feet to the p. O. B.
insofar as said premises are affected by the following described encumbrance_
now held by the under signed:
Nature of
Encumbrance
Date
. Fronior
Against
In Favor Of
Recorded
Book - Page
Mortgage
August 13,
1955
Elijah P. Jones, Jr.
and Christine Jones,
his wife
Raymond Cloninger
and Mary E.
Cloninger, his wife
.........
_.
Mtg. Book 1099
page 341
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D.R.2039 PAGE 327
,- .
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PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and
agreed that this instrument subordinates said encumbrance insofar as same affects
the rights and privileges of the City of Clearwater, Florida in its use of the land
specifically above described, for street right of way purposes only, and that
nothing herein contained shall in any way affect, alter, impair, minimize or
diminish the effect of said encumbrance or the remedies at law or in equity for
recovering thereout, or against the parties charged thereby, the full amount of all
sums secured by and/ or due under the same. It is further understood and agreed
that in the event said above described premises are abandoned by the City of
Clearwater, Florida and cease to be used for street right of way and maintenance
purposes that in such event the subordination of said encumbrance shall terminate
in and to such portion abandoned and no longer used as aforesaid, and the en-
curnbrance become of the same status with reference to such abandoned portion
as if the subordination had never been made.
IN WITNESS WHEREOF the said holder of said encumbrance has duly
executed this instrument this II th day of November
A. D. 19 64
Signed, sealed and delivered
in the presence of:
C~i</rT
~~m.~
./
r'i2."_d _. \ ./,J"'H~ AArI,,) (SEAL)
'dr ~~~l;ri~;;;Q
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MarY;t. Cloninger, I
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
Raymond Cloninger and Mary E. Clonin~er.
his wife, to me well known and known to me to be the individuals described
in and who executed the foregoing instrument, and they severally acknowledged
before me that he executed the same for the purposes therein expressed.
WITNESS my hand and official seal this II th
A. D. 19 64
day of November
ffL~7n,~
Notary Public
MyComm:i$'~ion Expires:
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,> Nc~~ry;}=!U.bli~ Stat~ elf Florida;~t - targ-e
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1 2039 PAGE 328 '.
O.R.
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2~10972B
WARRANTY DEED
THIS WARRANTY DEED Made the 10th day of November , A. D. 1964 by
ELIJAH PROPHET JONES, JR. and MINNIE JONES, his wife; CHRISTINE MILLER
(formerly known as Christine Jones) and EDWARD MILLER, her husband, herein-
after called the grantor, to the CITY OF CLEARWATER, FLORIDA, a Municipal
Corporation, whose postoffice address is PO Box 1348, Clearwater, Florida,
hereinafter called the grantee:
!
(Wherever used herein the terms" grantor" and "grantee" include all
the parties to this instrument and the heir s, legal representatives and
assigns of individuals, and the successors and assigns of corporations)
WITNESSETH: That the grantor, for and in consideration of the sum of $10. 00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
"-,,,'"
the grantee, all that certain land situate in Pinellas County, Florida, viz: ~j'
........xl'/IIIIIIIIIII/!I
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That part of Lot Eleven (11), of an unnumbered Block, PALM PARK
ADDITION TO CLEAR WATER, as recorded in Plat Book 4, page 86
of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part; lying within the West 30. 0 feet
of Section 10, Township 29 South, Range 15 East; BEING THE FOLLOWING
METES AND BOUNDS DESCRIPTION: Begin at the SW corner of the
NW -1/4 of Section 10, Township 29 South, Range 15 East; run thence
N 0010104" E, along the West line of said Section 10, 555.0 feet; thence
S 89032130" E, 13.93 to the point of beginning; thence N 18057131" E,
along the East r~ght of way line of the Atlantic Coa~t Line R. R., 49. 89
feet; thence S 0 10'04" W, 47.31 feet; thence N 89 32'30" W, 16.07
feet to the P. O. B.
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SVll3j~ld __ TOGETHER with all the tenements, hereditaments and appurtenances thereto
----belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND 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, 1963.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents
the day and year fir st above written.
Signed, sealed and delivered in our presence:
r
-:
, , ,
(L. S. )
~ Y'nJfN0
Edward Miller
(L. S. )
S;'~.A:TE'OF Fto~iDA
C-QUN-TyqFPLNELLAS
'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
Elija.h Prophet Jones, Jr. and Minnie Jones, his wife; Christine Miller (formerly known
as Christine Jones) and Edward Miller, her husband, to me known to be the persons
described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal in the Co nd Stat t aforesaid this
10th day of November , A. D. 1 ~
My Commission Expires h
March 30, 1965 Notar
,
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Title & Trust Company of Florida-No. T-1l2 1
American Title Association Owner's Policy - 196,_
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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 dissolution, merger or consolidation, against loss
or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees
and expenses which the Company may become obligated to pay as provided in the ConditiQns and
Stipulations hereof, which the Insured shall 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 authOJ;ized offtcerp in facsimile.
mUlr &mrust Qrompallg of lJUl1riba
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(Not valid unless countersigned)
(Facsimile)
Secretary
PIN~~ COUNTY TITLE~lFANY
By: /JAb 11), ~.
Authorized Signature Vice-Pres iden t
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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 property.
4. Taxes for the year 1964; 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 Circuit Court
of Pinellas County, Florida. (City of Clearwater)
6. MOliTGAGi from Elijah P. Jones, Jr. and Christine Jones, his wife -to-
Raymond Cloninger, dated August 13, 1955 and filed for record August
15, 1955 as Instrument #2lglg0A, recorded in Mortgage Book 1099, page
341, in the office of the Clerk of the Circuit Court in and for
Pinellas County, Florida.
NOTE: SUBORDINATION OF ENCUMBRANCE filed November 13, 1964 as
Instrument #240971 in said public records of Pinellas
County, Florida.
il 12-1-64
CONDITIONS AND STIPULATIONS
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.
... Exclusions from the Coverage of this Policy
This policy does not insure against loss 0'1' 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 (includIng but not limited to
~~~I~~n:nj~m~On1i~y th~\~~~~eci~ ~::~I~cN::: t~~ ~h~t~~V~r~ dt~~~~~~~~:i~~ tgc~ty~~ugt~c;.ry
~r;;iPJ~~e~~~~u~1~ri'~nh~~~a~\~e~s1~~~ 00: a~~i~ ~~na~yOrofrg~i~~~~~f ~f sl~naJ.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 wh ich 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 polley speciCically provides
that such property, rights or easements are Insured, except that if 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~i:t~Sd, ~~~'t~~J~~~~~m~~ve~~e a~~~i~S t;~a;ntS~e tr~s~~~ld: ~sr it2~U~~~"~~'
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 writing by the Insured shall have been made to the Company prior
to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or
c!,eated_ sub_seque~_t to the date hereof.
(f) Lo'ss -or damage which would not ha,,;e bee-n sustained i(-the -Insured were a
purchaser for 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 I?roceedlngs commenced
against the Insured, which litigation ,is founded uRon a defect, hen or encumbrance in-
~~~~~ gr~~~~t r~~o~~~s policy, and may pursue such ltigatlon to flndl 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
adverse to the title as insured, or which might cause loss or damage Cor which the
Company shall or may be liable by virtue of thIs policy, the Insured shall notify the
Company thereof in writing. If such notice shall not be given to the Company \\:ithin ten
days of the receipt of process or pleadings or if the Insured shall not, In writing. prompt-
ly noUfy the Company of any defect, lien or encumbrance Insured against which shall
come to the knowledge of the Insured, then all liabltlty of the Company ift regard to the
subject matter of such action, proceeding or matter shall cease and terminate; provided,
however, that failure to~ notlfy shall .in no case prejudice the claIm of any Insured unless
the companr shall be actually prejudiced by such failure and then only to the extent of
such prejudIce. '
(c) The Company shall have the right at its own cost to institute and prosecute
any action 01' proceeding or do. any other act which in its opinion may be necessary or
desirable to establish the title as Insured; and the Company may 'take any appropriate
action under the terms of this polley whether or not it shall be liable thereunder p.nd
shall notlDthel'eby concede liability or waive any provision of this policy.
or pro\~~e If~rallh~a~~~e~~eer;f t~~~ Pa~llfJ'n P~:rr;,~~c~:df~i.Ui[~: i~~u~~:~~~Ii ~~c~~~si~u\~
the right to so prosecute or provide defense' In such actlon or proceeding, and all ap-
peals therein, and permit it to use, at its option, the name of the Insured for such pur-
~~:~'ta~~eriv:~y r~~~~s~~~iO~ o~h~r~~~~~~~ i~h~f:~cSty~~d !J:n~~~:rir~ s~~rfn~m~;i~~n~~~
obtaining witnesses, or prosecuting or defending such action or proceeding, and the
Company shall reimburse the Insured for any expense so incurred.
4. Notice of Loss - Limitation of ActIon
In addition to the notIces required under paragraph 3,(b), a statement in writing of
any loss or damage for which it 1s claimed the Company is liable under this polley shall
be furn,ished to the Company within sixt1 days after such loss or damage shall have been
?~};[m~~ey~ ~~rern~u~Whs\a~~~~~~~h~~rlha~c;r~:e~o f~~i;~:~~e~n:in~~r r~~~~e~~ll~hal~n~
had by the Insured under this policy unless action shall be commenced thereon within
~if\'10~:a~~ ~~~~,:~p~rraVg~oo~~~i~ceth~~~h ~~ridrier~~~l~a~~~r~i~e fh~~~T~~r~:e sst;;~fri~~
sh<l;lI be a concluslve bar agamst maintenance by the Insured of any action under this
poliCY.
5. Option to Pay. Settle or Compromise Claims
The Co"mpany' shall have the option to payor settle or compromise for or in the name
of the -Insured- -any claim insured --against, OT- to._pal1'_ the"fuU _3,..'"Tlount of this_, policy_ and
~~~~e~RJfS~~\h: d~~te:n~fil~?;:r:a~~d tg~;~~~~e~i:~ p~~. cso~~fi t~~~~~:r:' afl~~a;SI~y e~f
the Company hereunder.
6. Payment of Loss
all, th~a lct Ja~e l~~~ b~iitthe o~n~~~e~o~~a ~lst~naC;;J ~n~rJeOi~9Yfe~~a~h\~h nt~eccg'~m~aC~;dm~~
be obigated hereunder to pay.
all cos~~) im~~:eao~~~nlh:I~~F~~di~na~i~l~i~t~o~ ~~~i~~ssoAn~~r~~ea~~i~sta~~ i~~s lh~li~h:
sured, and all costs and attorneys' fees In lltigation 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, Uen or encumbrance within a reason-
able time after receipt of such notice.; or (2) for liability voluntarily assumed by the
Insured in settling any claim or suit without written consent of the Company.
(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 conditions of
this policy the loss or damage shall be payable within thirty days thereafter.
7. Liabilit~ Noncumulative
cJ~~sa~~p~e::11a~.n~~ds~~oa~;.hg~I}~)~ r~~~i~~ olh~h~~lf3ill~Yo~S ;:i~~ft~d o~y a~~y ~i:i~~~:et~~
deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of
trust hereafter executed by the Insured which is a charge or lien on the land described
or referred to in Schedule A.
8. Coinsurance and Apportionment
fa f In the event that a partial loss occurs after an alteration or improvement
subsequent to the date of this policy. and only in that event, the Insured becomes a
coinsurer to the extent hereinafter set Corth.
If the cost of the alteration or improvement exceeds twenty per centum of the amount
ofnthis_opollcy_, _sur._h__propOl;tion,_onIY___9_( al1Y-_PR_rtlaJ,.Los_s, _est~bllshed shall be borne _by
the Company as one hundred twenty per centum of the amount of this policy -bears to --
the sum of the amount of this policy and the amount expended for the alteration or im-
provement. The foregoing provisions shall not apply to' costs and attorneys' fees Incurred
by the Company in prosecuting or providing for the defense of actions or proceedings in
r~~~~~do~nt~~cI;sa~ignruci:u;r"o~i~di~:S,t~~s s~~I}h~~l~~gry olo t~si~~tsw~~os30d ~crt ~~:
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 it. 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
and noncontiguous parcels, or if contiguous and such parcels are not used as one single
site. and a loss is established affecting one or more of saId parcels but not all, the
loss shall be computed and settled on a pro rata basis as if the face amount of this
policy was divided pro rata as to the value on the date of this policy of each separate
independent parcel to the whole, exclusive of any improvements made subsequent to the
~~~g ~~~~~f ~~li~le c~~~Sa~yli:~~liheO~n~~\~~ed h:tS t~~ett~~eo~ethne al~~~~c~Pgr thistop~l~~~
and shown by an express statement herein or by an endorsement atta~hed hereto.
9. Subrogation upon Payment or' Settlement
ro~~ionne~tral\h~e~O~Pfhn: csg~~a~~v~~:g~~re3 ~~a~y u~c~e~/~~~ ~~~i~red~l~;dgrrt s~~lfu:;
..subrogated to, and be entitled to all rights and remedies which the Insured would have
had against any person or property in ,respect to such claim had this policy 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 should result from any act of the Insured, such act shall
~~~tvg:da~~i~o~~I:~~ur~~t at;:l~~h~~~J'ndi~r t~h~c~v:~;il s~:~~e~e th~q~~~~n\~' Pta~n~~lros\h~~
~~~ u;~:;Ea~~ ~hereC6~p~~y~hes~;:;fa i~~~~~r 010thih~ig~~~Ja~~br~lfa ~l~~itsT~~ln;~~~i~~
against any person or ~roperty necessary' in order to Kerfect such right of subrolation,
ri~~:t~~~' i~e:~Jfn~h~uc~n;.f:~~ ~or ~~~~~res~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 brina
~~a~h:t ;~~vl~?org~a~l t~i~s';o11~;,t of the status of the title insured herein must be base
No pro\'lsion or condition of this policy can be waived or changed except by writing
endorsed hereon or attached hereto signed by the President. a Vice President, the
Secretary, an Assistant Secretary or other validating officer of the Company,
11. 1':otlces, ""'here Sent
be Ai~r~~~~:d ~~~u~~~p~n~e s~~lf~;h:d~~~F:;~oartd a~n~ti~esTF~r~~thr~\i.~gJ~~~~~~~111~~
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