ROY AND HAZEL STRCKLAND
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, 'FORM 1104
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TUTBLANX REGISTERED u. S. PAT. OFFICE 't
Tuttle Law Print, Publishers, Rutland, Yt.
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Wherever lhsed herein, the term ({party" shall include the heirs, personal representatives,
successors and / or assigns of the respective parties hereto; the IMe of the singular number
shall include. the plural, and the plu.,ral the singular; the use of any g(mder \~ha.ll inclu,de
all genders; and, if used, the term Unote!' shalt include all the notes herein described if more
than one
Made. this
Between
day of
.11, D, 1964
~,;.
Oc tob er
16th
ROY E. STRICKLAND, SR., and HAZEL M. STRICKLAND
of the Coun~y of Pine11as
party of the first part, and
in the State of
Florida,
CITY OF CLEARWATER
/~) .,.~
-..:i
of the County of .... Pine11as in the State 01 ilorida.
party of the second part, . '"
Witnesseth, that the said party of the first part, for and in conside~dtion of
the sum of ONE ($1.00) and of other good and valuable considerations------ Dollars
to him in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said party of the second part
his heirs and assigns forever, the following descn:bed la,nd, sUuate lying and being in
the County of Pinellas , State of
Plorida" to wit:
Begin at the SW'corner of the NW~ of section 10 - T 29 S -
R 15 E; run thence N 00-10'-04'Ealong the West line of
said section 10, 157.0 feet; thence S 890-32' - 20"E20.0
feet for the point of beginning; Continue thence S 890-
32' - 20" E, 10.0 feet; thence S 00_ 10' -04" W, 110.57
feet; thence along the arc of a curve, 3.87 feet, whose
chord is N 220- 42' - 48" W, 3.87 feet, and whose Radius
is 55.82 feet; thence N 200-43' - 36" W, 8.55 feet; thence
along the arc of a curve, 12.87 feet; whose chord is
N 240- 47' -56" W, 12.85 feet, and whose Radius is 90.4
feet; thence N 00_ 10' - 04" E, 87.45 feet to the P.O.B.
Containing 990.0 square feet more or less.
'-cBelugthe metes andbouridsdescription of that part of Lots 5 andb, Block
"E", REVISED MAP OF JURGENS ADDITION TO CLEARWATER, as recorded
in Plat Book 4, page 17 of the Public ~cords of Pinellas County, Florida;
less that part deeded to City of Clearwater by Deed Book 762, page 227;
LYING WITHIN THE WEST 30,0 FEET OF SECTION 10, Township 29
South, Range 15 East.
This Deed is rerecorded to correct error in legal description.
And the said party of the first part does hereby fully warrant the title to said land,
and will defend the same aJ!ainst the lawful claims of all persons whomsoever.
In Witness WhereofOl the said party of the first part has hereunto set his
hand and seal the day and year first Move written,
S:.td Sealed and Delivered~ Pre~ence:
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State of Florida,
County of PINELLAS .
I HEREBY CERTIFY, That on this day personally appeared before
officer duly authorized to administer oaths and take acknowledgmen~8,>'
ROY E . STRICKLAND, SR., and HAZEL M. STRICKLAND ,hisw'ife'>;
~." --<-.. ..,,':':~:..-,,/'~'7'"~
to me well known and known to me to be the individual described-j.nitM,(Jr;w..hg
executed the foregoing deed, and they acknowled~ed;befdj-e.me~'tltat
executed the sam e freely and voluntarily for the purposes therein./"~~pr.eHseq,.,\
WITNESS my hand and otJi,cial !leal at Clearwater, "'l if n I'.
County of Pine 11 as , and State of Florida, this I b
day of October , .11. D. 1964.
My Commission Expires ll.hJ;~ l'i b g:. / l .\
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Title & Trust Company of Florida-No. T-112 '
American Land Title Association Owner's POliCytStandard F~om ~. 1~ .
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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 show~ in Schedule A, does hereby in-
sure the parties named as Ihsured 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 beco.me 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; or lack of a right of access to and from the land;
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.
iltitlr & ilrrust Grompany of 3JUllrilla
4##(~.
(Not valid unless countersigned)
(Facsimile)
Secretary
PINE11AS COUNTY TITLE CO..J>AHY
BY: flkb4N f!;Af.M.
Authorized Signature Vice-President
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SCHEDULE B
o This policy does not insure against loss or damage by reason of the following:
Any state of facts which might be disclosed by an accurate survey
of the premises.
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 1965; and any taxes or assessments levied or
assessed subsequent to the date of this policy.
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)
CONDITIONS AND STIPULATIONS
-
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I
1. Definition of Terms
The following terms when used in this pOlicy mean:
(u) "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) "knowledg-e": 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 [I'om the Coverage of this Policy
This policy does not insure against loss or 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
building and zoning ordinances) restricting or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the character, dimensions, or location of any
improvement now or hereafter erected on said land, or prohibiting a separation in owner-
ship or a reduction in the dimensions or area of any lot or parcel of land,
(c) Governmental rights of pollee power or eminent domain unless notice of the
exercise of such rights appears in the public records at the date hereof.
(d) Title to any property beyond the lines of the land expressly described or
referred to in Schedule A, or title to areas within or rights or easements in any abutting
'streets, roads, avenues, lanes, ways or waterways (except to the extent the right of access
to and from said land is covered by the insuring provisions of this policy), or the right
to maintain therein vaults, tunnels, ramps or any other structure or improvement, un-
less this pollcy specifically provides that such titles, rights or easements are insured.
(e) Defects, liens, encumbrances. ad\'erse claims against the title as insured or
other matters (1\ created. suffered, assumed or agreed to 'by the Insured: or 121 known
to the Insured either at the date of this policy or at the date such Insured acquired an
estate or interest insured by this po1ic:v and not shown by the public records, 1:.n1ess
disclosure thereof in \\'l'iting by the Insured shall haye 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
created subsequent to the date hereof.
, ------ro-. Loss- oI' <lam-age- --Which"~would not-' ha\i'e - been,osustalned 'if the -Insured.- wel'e-.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 thl: Insured in all litigation consisting of actions or proceedings commenced
against the Insured, which lltigation is founded upon a defect, lien or encumbrance in-
sured against by this policy, and may pursue such litigation to final determination in the
court of last resort.
(b) In case any such action or proceeding shall be begun. or defense interposed,
or in case knowledge shall come to the Insured of anv claim of title or interest which is
adverse to the title as insured, or \vhich might cause loss or damage for' which the
Company shall or may be liable by virtue of this polky. the Insured shall notify the
Company thereof in \\Titing. If such notice shall not be given to the Campa"," within ten
days o! the receipt of process or pleadings or if the Insured shall not, in writing:. pmmpt-
ly notIfy the Company of any defect. lien or encumbrance insured against which shall
com.e to the knowledge of ~he Insured,. then all liability of the Company in regard to the
subJect matter of such actiOn, proceedmg or matter shall cease and terminate; proYided.
howevel', that failure to notify shall in no case prejudice the claim of any Insured unless
the company shall be actually prejudiced by such failure and t.hen only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to institute and prosecute
any action or proceeding or do any other act which in its opinion may be necessary or
des.irable to establish th'e title as insured; and the Company may take any appropl'iate
actlOn under the terms of this policy whether or not it shall be liable thereunder and
shall not thereby concede liability or waive any provision of this policy.
(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 ~i)all secure to it the
right to so prosecute or provide defense in such action or proceeding, and all appeals
therein, and permit it to use, at its option, the name of the Insured for such purpose.
Whenever requested by the Company the Insured, shall give the Company all reasonable
aid In any such action or proceeding, in effecting settlement, securing evidence, obtain-
ing 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 is claimed the Company is liable under this policy shall
be furnished to the Company within sixty days after such loss or damage shall have been
r~~l~[;n~~~~ ~~rern~u~rfhs\a1~~~~if~hsa~fl~a~~rb~eAo f~~~i:~:~~e~ndn~~r'r~~b~ef~li~KaNn~i~
had by the Insured under this policy unless action shall be commenced thereon within
five years after expiration of said thirty day period. Failure to furnish such statement
of loss or damage. or to commence such action within the time hereinbefore specified,
shall be a conclusive bar against maintenance by the Insured of any action under this
policy.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or compromise for or in the name
of the Insured any claIm insured against or to pay the full amount of this policy and
such payment or tender of payment, together with all costs. attorneys' fees and ex-
penses which the Company is obligated hereunder to pay. shall terminate all liability of
the Company her~under. .
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6, Payment of Loss
(a) The liability 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 obligated hereunder to pay,
(b) The Company will pay, in addition to any loss insured against by this policy,
all costs imposed upon the Insured in litigation carried on by the Company for the In-
sured, and all costs and attorneys' fees in litigation carried on by the Insured 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-
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 policy, 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 policy 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. Liability Noncumulative
It is expressly understood that the amount of this policy is reduced by any amount
the Company may pay under any poliCY insuring the validity or priority of any mortgage
or 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. and the amount so paid shall be deemed a payment to the In-
sured under this pollcy.
8. Coinsurance and Apportionment
lal In the eyent that a partial loss occurs after the Insured makes an improve-
ment subsequent to the date of this policy. and only in that event. the Insured becomes
a coinsurer to the extent hereinafter set forth.
If the cost of the improvement exceeds twenty per centum of the amount of this
policy, such proportion only of any partial loss established shall be borne by the Com-
pany as one hundred twenty per centum of the amount of this po icy bears to the sum of
- -- the' arriolInt~of this poHcy 'and -the'-amount--expended--for-the-im-provement, -The--foregoi-n-g- -
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 behalf of the In-
sured pursuant to the terms of this policy or to costs imposed on the Insured in such
actions or proceedings, and shall apply only to that portion of losses which exceed in the
aggregate ten per cent of the face of the policy.
Provided, however, that the foregoing coinsurance provisions shall not apply to any
loss arising out of a lien or encumbrance for a liquidated amount which existed on the
date of this policy and was not shown in Schedule B; and provided further, such coin-
surance provisions shall not apply to any loss if, at the time of the occurrence of such
loss, the then vaiue of the premises, as so improved, does not exceed one hundred twenty
per centum of the amount of this policy.
(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 morc of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as if the facc amount of this
policy was divided pro rata as to the value on the date of this policy of each sepamte
independent parcel to the whole. exclusive of any improvements made subsequent to the
date of this policy, unless a liability or value has otherwise been agreed upon as to each
such parcel by the Company and the Insured at the time of the issuance of this policy
and shown by an express st.atement herein or by an endorsement attached hereto.
9. Subrogation upon Payment or Settlement
Whenever the Company shall have settled a claim under this policy, all right of sub-
l'ol{ation shall vest in the Company unaffected by any act of the Insured, and it shall be
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 Instlred, 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
not void this policy, but the Company, in that event, shall be required to pay only that
part of any losses 'insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation. The Insured,
if requested by the Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such right of subrogation,
and shall permit the Company to use the name of the Insured in any transaction or
litigation involving such rights ol" remedies.
10. Policy Entire Contract
Any action or actions or rIghts of action that the Insured may have' or may bring
against the Company arising out of the status of the title insured herein must be based
on the proviSions of this polley.
No provision 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 oUicer of the Company.
11. Notices, \\lhere Sent
All notices required to be giyen the Company and any statement in writing required
to be furnished the Company shall be addressed to it at 200 E, Forsyth St., Jacksonville,
Florida.
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