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ELIJAH AND MINNIE JONES w-: . . . 1 " .4 '~ 1 ~ ........ 18. 1'" ,81.1... __ .........,.... I... .._ .........11... ..... '....... PUaCIlAIDI GMt' .......... ......at DeMn,d_t ....... Att:....tt .... ", ..... It ., .. ~_.... ..... .... ... A.."." GI_~'" - ....., a..., .&l.tlef e..... .... '"'." ,..,.... .. .. P. I... 'I"." ... fill. ........ ....... .....~..... ........... . ,.,..... ." GIwIMIM MlU. su... ...... ",A-d.. CMcII.... .... ...,... '. .. ~....,. 1ty .......... ..,...... _......'...,.itt..~.. .. 1ItIUer. I.. .1....... ae""""e ...... ...,.. .. . . fill...... Ceut .... ..... ......al..hJ!. 1.11 l .. Jt ''''.'0 !!a1tId! . 1.11 ~/ , I .,~ '\' . : .........JtD1lM ., ""',"'1' NaWM .' .... II IIOY...... I" a,,,, Ja _...... .... ......,.11..., .. .......,. ....... ... .... .,a..a ....... ......... Ult1lr. 1M ... .. . If r .,.... .. ..... ............ .. ",.."." eIl__. tt.. ,. ...,... w......, ....... ....... ........t ........... ....ltll'............ .. ..,... Ia.... 0" _lit Ill. lit. ....... 111l _....qJ.., """"i'~"'';~ ~')fIl'H:'f"'!:~:"~~Jm;~~ "., !l!IilJ""""f"'" "J~."it,!:j-l'T~;~~i ....... , 1 ~ 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. rJ eA/ Jr. '~ ~9 ~~I) Edward Miller - Sworn- ti> _~~ ~ubscribed before me this 10thday of ,/ November , 19 64 . .~....... ~ L--4 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 ) >I!L, .: , 2-109718 1 /Y/RIt/ j vi 2039 PAGE 326 O.R. .;;i '10,:"/ ~< < ~i _,_ \\):\~ \~(t-. <. "".. "\.'''', '''''....~ 0. Q, '. ,,\ \, \' '. 'V' , (\ ':' ~ <y\J ('-,~',~<)\::..' "Ic....~ ~ ".,s (\;.; . ,\ '\) .\;..\.~~,~~,v \:}. <:\"~\)\-' \\\.'i~ ''v-~~ ,~v \\ \~ ,:$\ 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 ..: ~ ' , T -:: , 1 D.R.2039 PAGE 327 ,- . - " '~ 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 ~~~/c:O~ a~(9EAL) 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: '.t:', ,,-~',,::-7:':'-":'- '-'~'-:-'::':, . ,'-,,'---- '- ------- ,> Nc~~ry;}=!U.bli~ Stat~ elf Florida;~t - targ-e 1~-r.~tO!llmISSI~n Expires,Ocl 26, 1966 -2- uo S' . J...-r c- /,10 I ....... ,('.{ f'/' ~, ,'/S '), / " ,,1) t .,-'~- , 1 2039 PAGE 328 '. O.R. '~ ~~.- _! 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 .......<( 'I ':J, 1- 0 I - "'..,. -vc..,~ N il \.1.. .,'c I .....,,< I II " j..J t-- ...--:c~:;.;.::-.. : I i /:::,',,':~~ ""''',Ii ,,-, (JJ1;(')f-; ~'~,~ !~:::I ,i (( i ...,~-\, 'i~,:'\\ '..L...>'("Ii",,;;" (J' )i:11 ~~li.h.w,\j,:,\ t" ll.. 0 ~o~,',;;,~' ....;. /'../ " o ~ ~R:~~~~y '.:,f ~ . 1--11'''~}['''~I; ~,Uz '~--:- LJ Ii lL! ~ -I ~_t t-- M _I (>J 41'L... <:) - ! ~'i..::J E; p: ~ -~.) ,z f'o'- 1)0'1 "'(f'I i' 0 11!!lilll~So: 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. 'l,J-' ;" .":J ~'~ o rn :::0 __r~ ..::;rrn ;:'::~n ~<~g 1;:"~'_." N '-0 ... C''''J ..r.:.. , 1 :\1/1 0 J 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 , . r , "-/;/.(/ ' ,/ Title & Trust Company of Florida-No. T-1l2 1 American Title Association Owner's Policy - 196,_ /-~!i':~'~ ~ :~f~~ '.;::.-;:. ,:,~! . 'i:' f (\:~:~I':~~:~;~~\~~~~:q~:;lii'i:~~~,;':1::~:.:'-'i .;, ;,,~~\'lli~"~"I'~: r:~,: i:;r9i~~( :.:;1;.. j~.~__li.:.1.W1...1~~:.k"':':.J~~~~....~: ,\J;"m.:~:, .~., -\ -, ttU1;f. ....-;~ iP.l~.t"'~ttt ~ : '~:~:: ~~ ~,:~:~:'- <e-~~ ifb..,.'....~..~J~ .mt;p>>i~ ~~,a~I~I_"",_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 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 4##(~. (Not valid unless countersigned) (Facsimile) Secretary PIN~~ COUNTY TITLE~lFANY By: /JAb 11), ~. Authorized Signature Vice-Pres iden t , '~~lf~',stif,f;Ai~J!,~:~if :J'~~~~ '"~~~'':~''' I , "g"O"d etlq. oq. q.eeJ LO"91 'M uOtlGt06S N eouetlq. ~q.eeJ It"L+r '/11" u+r010100 S eouetlq. ~q.eeJ 6S"6"1 '"n"E eU1=1 q.s-eoa 01=q.u'e"[q.v 8tlq. .To eU1=1 1i.-eM. JO q.tl~1=J q.s-e'3' etlq. 7JuOl-e '~ u1t1L~091 N eouetlq. !:au1=uu1=~eq JO q.u1=od etlq. oq. q.eeJ t6"t1 '~ uOtlGt 6S S eouetlq. ~q.~eJ O"~~~ '01 u01=q.oes P1=-es JO eU1=1 q.seM atlq. ~uol-e 9S u+r010l00 N eouetlq. unJ ~q.s-e~ ~1 e~ue~ 'tlq.nos 6G d1=tlSUMOJ '01 u01=q.oes JO +r/l-MN etlq. JO JeUJOO PIS 8tlq. q.-e u1=~eg : NOIJAI'qas~a SaNnOg amr SqJ,~1\I DNH^O'J'IO.!I 8Hl DNISg ~q.S-e8 ~1 e~u-e~ 'tlq.nos 6G d1=tlSUMOJ '01 uOT-q.o~S JO ~a~J O"Ot q.seM. etlq. UV1:q.1=M ~U1=1i.l ~q.J-ed e 1i.1JewJoJ s-eM. 1i.~unoa s-e118u1=d q01=tlM. .10 '-eP1=JOl.!I '1i.~unoa q~noJoqsll1=H JO SPJoocl'H 01=lqncI etlq. JO 9S e7J-ed '+r }toog ~-eld U1= peD.x0~8,1 s-e '~'CJJ';l'I"IW7T8 Olt NOIJ,TurrV ~~Vd ~~VcI '}to01? paJeqwnuun u-e JO '(11) ueAal~ q.01 JO q.JBd q.-etlJ. : SMOnOJ S'e paqp:>sap S! pue ''eppo.la Jo. a+'e+S 'S-ellau-cd . . JO A+uno8 a!rJ. lit pa'l.~lllIS SI kmQcl SIlTLlit 0.'1. pa, .1.1<1'~~f pU'eI all.L 'S "(pel1eou-eO pu-e pel1o-eq.q.~ S'dm'eq.S enrre1\:a'H'1-eo:.req:-1..4 "SOn 01"1~ pue sdm-eq.s 1i.J-e~u8wnooa a~-eq.S O+r"G~ :eq.oN) "ep1=Jol.!I '/~q.unoa s-elTau1=d .10.1 pu-e u1= q..rnoO q.1=noJ1=O etlq. JO }tJeTa eqq. JO aOT-JJo etlq. uT- 'gGL60+rG~ q.u8wn.xq.suI s-e +r961 't1 .xeqmeAoN pJ008J .xoJ peT1=J pu-e "1961 '01 J8qweAoN peq.-ep '-ePT-JOl.!I 'Jeq.eM -.ra31a 'S+r(1 xog Od ST- sseJpp-e 7]u1=IT--eW esoqM 'UoT-q.BJodJoa 1-edT-oT-unW -e '~P1=J01.!I '.xeq.-eMJeal0 JO 1i.~1=a -oq.- 'pueqsntl Jetl 'Jell~~ pJ-eMpS pu-e (sauop eUT-q.s1=Jtla s-e UMOU~ 1i.lJawJoJ) JellT-W eUT-q.s1=Jtla ~eJ1M S1=tl 's~uop e1=uu~~ pu-e "Jp 'sauop q.~tldo.rd tler1=1S mOJJ a~a IJ,N~IRVM 'pa.1nsuI alll U! palsaA Sl JQa.1all al'ep alll l'e A:lHOd Sllll Aq pa.1aAO:> lsa.1alU! .10. a+'elsa alll 0+ ann '6 q'T dr~II S ~?.!I :S! A:lHOd S!lll Aq pa.1aAQ:l alnpall:>s Sllll UI 0.+ pa.1.1aJ'u .10 paql.1:>sap PU'eI alll U! lsa.1a+u! .10. al'elsa all.L '! ~~J,VMEV~1a .!IO l~Ia a3:tIilSNI 00" OIL 9; .LNilOWV +r961 't1 JeqmeAoN 3:.Lva 17 G 9 V 9 3:a 'ON v 3'1nU3HJS -- ___,__,r -.....---...... .......-.. ..~.,._..,...,>',....~......',.. .,'._..'__~"., .,0. ..' ....-.- - 1 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 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~~ _ _ FJorkla.,-_ 'Yi "y' ,y.. "'Y1J1illfiJ.'M's.W'-., '-~~~f ",...: +> ~ S ~ ... ~ ~ii I: j g~ ~ i!} .:~ n ~ i~ 1 fa ~ ~~ I~~ei~ =C)~.: 8 s ~'~ 0 u w <t ...J 0 I- .... c.: (I) I- (II 0 >- ... ...l >- .... tI.. to l- V! -0 Z .... r:i. ... W ell ::l ;:, I- :J 0 0 <t VI U ~ U ;!: V! - c.: <( "'" <t '0 W ...J .J ...J U W Z ~ ~ r~ 8 ~ :5: ~ >:il H o f:J :>-l ~ H o \; -~',;~~