RICHARD BRADY
J
r
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
j;
FROM:
M. A. Galbraith, Jr., City Attorney
RE:
Sale to Richard D. and Betty L. Brady and
Kimberly Ann Brady - Lot 1, Block B,
Pine Brook SUbdivision (1388 Hibiscus st)
DATE:
April 27, 1992
This property sale was completed on April 24, 1992, and enclosed
are the following documents:
Contract for Purchase and Sale
Settlement Statement
Copy of warranty deed
Copy of Title Commitment # F 514268 issued by Minnesota Title
Tax Proration form
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director
""'---~-'~"""~-~.'.'~"r'
,~ ~:,,~, 1~,fl,,:'VJ~ , I 11
, APR 2 8 1992~Y
"""dMJ.
r
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:";;\:~PT
L. SETTLEMENT
'"
700, TOTAL SALESIBROKER'S COMMISSIO~
BASED ON PRICE h
CHARGES
@ %=
r
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
DIVISION OF COMMISSION (LINE 7001 AS FOllOWS:
701. $ to
702. $ to
703. Commission paid at settlement
704.
800, ITEMS PAYABLE IN CONNECTION WITH LOAN:
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal Fee to:
804. Credit Report to:,
805. Lender's Inspection fee
806. Mortgage Insurance application fee to
807. Assumption fee
808,
809.
810,
811.
900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE:
901. Interest from
902. Mortgage insurance premium for
903. Hazard insurance premium for
904. Flood Insurance Premium for
905.
to
@$
Iday
mo,to
yrs, to
yrs. to
1000. RESERVES DEPOSITED WITH LENDER:
1001. Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. County property taxes
1005, Annual assessments
1006, Flood Insurance
1007.
1008.
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
per month
per month
per month
per month
per month
per month
per month
oer month
1100. TITLE CHARGES:
1101. Settlement or closing fee to Coas .a
1102. Abstract or title search to Coas ta 1
1103, Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107, Attorney's fees to
(includes above items Numbers:
1108. Title insurance to Coastal
(includes above items Numbers:
1109. lender's coverage $
1110. Owner's coverage $ 35 .000.00
1111,
1112.
1113.
e Co.
Tit 1 e Co.
O.
60.00
Bonded Title Co. of Clearwater
205.00
1200, GOVERNMENT RECORDING AND TRANSFER,CHARGES:
1201. Recording fees: Deed $
1202. City/county tax/stamps:
1203. State tax/stamps:
1204.
1205.
10.50
Deed $
Deed $
; Mortgage $
; Mortgage $
210.00 ; Mortgage $
; Releases $
10.50
210.00
1300, ADDITIONAL SETTLEMENT CHARGES:
1301. Survey to
1302. Pest inspection to
1303.WM. F. CAI,DWEI,L & ASSOCIATES to Appraisal
1304,
1305.
1306.
1307.
200.00
1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
~
10.50
725.00
Borrowers e lers
BETTY I. BRADY M A. GALRRAfTH JR. C' V
The HUD.1 Settle nt Statement whlc I have prepared is a true ccurate account onhls transacfion. fiave caused or w ca
disbursed In accordance wl~this sta emen!. I tJ~,
Settlement Agent Dl.. . ~ Date April 24.
AUDREY ROCHESTE File No. 92-16200
WARNING: It Is a crime to knowllngly ake false statements to the United States on this or any other similar form. Penalties upon conviction
p.. ,"',.,.. II", 0' 'mp,'".m,"l. FOI '01.11. "" TII'. ,. U.S. Coda 1001 ,":.:""'' 1010. _. (14)
nt and to the best of my knowledge and belief, it Is a true and accurate statement of all receipts
transaction. I further certify that I have received a copy of HUD.1 Selllement Statement.
Page 2
A.
U.S. DEPARTMENT OF HOUSING AND URBAN 1VELOPMENT
SETTLEMENT STATEMENT
-If
B. T Y .!)... E 0 F
LOA N
1. 0 FH.A. 2. 0 FMHA
J 0 CONV, UNINS
VA
..
CONY, INS
" FilE NUMBER
7 LOAN NUMBER
92-16200
8. MORTGAGE INS. CASE NO'
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals.
D. NAME OF ~o~~bWffi~;~,~'_~}16~"!:stOOf_ '
ADDRESS OFloAR6WE~~ 'iiar'iLt"fANN'i'BRADt~
< _:~/,1,fI:1~"~-'I"'i:.'l:"~'"'::'_:::, _, (,~""" ~<~;:, _. "l'~. ""'''' :. < .;'; "-'--~f~ . ....:.,..,_
'~"'i>Jilg88"lltt8USCUS STREET;' eLE
E. NAME OF SELLER: CI'J'Y OF' Cr,F.ARWATF.R
ADDRESS OF SELLER: P.O. BOX 4748. CLEARWATER. FL 34618-4748
F.-NAME:9~J~Np~ij:7,JG~.;)!~8~~J-Ji''''
'e. AbDRESS OF L~NbER:::;;::! ,~~i:';),:
::''', :.:. " , ..: ,_,-:c>;,. ,-,
G. PROPERTY r,ot J. R] ock B. PINE RROOK SUR-DIVI SION
LOCATION: 1388 HIRUSCUS STREET
CI,EARWATF.R nOR IDA 34615
.H.sfulEMENfAGEm~;;:~~~~VCOAtglfK";fBONDEDlifm;E"'r
':~"p~cltbF~~111EMEN-n<!i;l{;'50 ]js6~lifFT ;\rWRr~O'" ,
, .'i"~"~'~',!F:,;:\i"'':~'~~CJJ'E'ARWA~i!:R: '''PLOR i bA"~'~4'
I. SETILEMENT DATE: April 24. J 992
SUMMARY OF BORROWER'S TRANSACTION
201. Deposit or~a.r,nest rn~~,e'y .'....'
202. Principal amount of new loan(s)
203, Existingloa~!s) taken,~.ubje.~Lt~
204. .
205.
206.
207.
208.
209.
,:,.'"):,.\'t7'~" ~~. ..
II . I
3,000.00 501. Excess deposit (see instructions)
.',7', ':'r'<"~~'Jlf"r,?;~. ]02rSiltlemenfcl1ar\i8i fo selle' (nHri'4OOJ'Win:;~~~~ :/!..;\~~,~'?{ff<tl~ ~'Gb
503. Existing loan(s) taken subject to
.,~.,..~".....-,.,.--~,.,....r:""'T'~ ,. ~-::r~~ 'n ~ ~~~.r;n:":,,,,,,,!,!,~,.q- ~~~~7~~1"1l
'. " '. " ';", !o4;PayOn O,f1rsrmortg'g6Ioillf~~(!tc,,"""~:::?;/ ''''.:;1,' ?"!~ '.:' .'. "'!';;.,!
505. Payoff of second mortgage loan
~~508~?1gt-.l~~~'~r~~,~~ry~ry~~o/~'~'f0~~R~~
507.
'508:-~~'" ~ ,,~:-'l~~-"!~_ ~;~'~';:~~.;~~?~~~;~;r~7~:t,n~?~;~'
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/lown taxes to
21[C()uniytllxes'-oiii7~2' 'to' -()4/24'/92
212. Assessments to
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/lown taxes to
,. ~~'4~3iT43'JJ;R(~:51t'COunij'liXer.'r<:'i)lliI9"'f;.'l t6'0412rT92~;'P0:~:t;~:;432T43
512. Assessments to
''"''~'''(;~:,~:.~7~?rr~ftl~513~sm,;;~~,:''-~~'~'~:~~J'.~~. 'T:;:;,;{(,,:!,I~;;:"~~
214.
215.
216. 516.
211.'" "0 ,.",..~t.;;<:"..-:.-.?....:~.. t t;~1'F''7'':,''''~'7''''''' ""r~; :""r;>F;";f!;jl'~i~;~"i" ~~517~~~,jF~~tlf":~~!f~!,~,"c~.t,'f,",,~. "~~~~'h:'~?~TI:"'0
218.
F3"~"~1rI!9"t.T"'"r"'~-, ~~';<f':~~~r'!.'1~~~r?'!""J"~!4~.,~-,,~"n"'t'~'!': "~'r-ol~,;;r>,~,
Le,:.(;,,_, ~1 .4f'.;:,; f~,,'~,~~~:~~!~1'!;~~:>:~~!~~1"(.~~.;?', .,-;~; <J~':"~'..V~\' ,::' ~-,~,~~~ :~~,~~
514,
.,:-m~~..,;-~~;~~t;~~~' ~S:~fff:t~m~~:?'<:11{<~~~~~~!1r~,:;W:,';ff
518,
,.\ ~ t, 'k... .:. .:"'~'" ~~...'."':';~~." ... r.:.i:~;~ > ;;...h\
_~4:;j
''''",'' , ""':l,.,;:r,.",;..,:,!,,,::,.~t
520. TOTAL REDUCTIONS
IN AMOUNT DUE TO SELLER:
303. CASH
(tJ FROM) (0 TO) BORROWER:
(~ TO)
(0 FROM) SELLER:
~
33.842.57
8/89
.
904-398-8615
~ SB,4,3S38-000-1
, r HUD-1 (3-86)
RESPA, HB 4305.2
"'\'~~\::"
; ~~I~~'",;~t~~lj;J~~~i;i~i~r:'lJ~~1~~{:'~;;~'!f~t~~;~i,H~1i:i;S~W
.~ Ap. . ~, ~.(jII. 4 $. ~ $" ~ , ' , , .r'" ", \-' ,'! j'.J: if: I .. .o.:\i:.~ ~.t
14!f., J~ ~A4~~~,{~. &A;\ 4.th i~ ...... JSdhffriOI~~tU1').il~:~IA$l'~!.'.;ff." .":."'44 4,$.
41\1;\ .!i~ ~~.4h t.i\ ~;.. ~ 4 4 .~/~ .t~"" Ah. ~~-. ~...;;:-.. .. .-.6:.4}.., ."~:'.'.;.::6..:~~..:4 ~ A';\ .:0
~~~6~~~~A....A...6..~6A....~~..~6...6.6...
:'\, /~, ,D.\ ,!"r. i~\ ,,~ ~}. ~~ ,f\. ,Jh .ct.,t~ A~ JA 4t\ ,~~ ,~ {~. .#k d~ in, ,(" k!. ..:1. J.'" ,dt. &. 4 A' ,4\. ~1.. A'.A', Ait. .& ~ "'~ /I;.. .te.. ~\ .n. .~
.' -,,~," ",'" .,~ "'1.., 'W "l'-" ri;~" ".~ '1~ ~"', "-~,"" hn, llf.'- ~''''- <f;.~,.", ',.;~.\ ~\;P~:\ ,~;,,., >'1' ~"f'~ t:!'f\ lftp.. --",po ~~. ~h ,,"tl~ ~ ~ t.:.'1'\ ~ ~ ~ ~ .ott:& ~~ ~~ ~'P- ~fJ. ~ .""....
,;~. ):, /:.. ~ J~ -I;. .41, I!\\ ~if AI ,tl-< .H, i~~ 1~ (~\ ,J~ ...t~ A\. ,f'ii~, fir, ~ A', 41; L~, ,'~,\ fr>. A 1<1. i:~ It.. ..:~ ,~ IA ~~, ~'^ ~... b. ~ <I~ '
"f .1. 'w' '..'& Ltt~ <<:1.. t,,, ~ H" "'Ii""" -"'i-II Alifi l,ti"' "', -" ,.~t")., .t1~, I"., ,"'tl..., .~~). ,l..i1: /-.,,-.- ',;: t "'._" I'f.f', ttp- -<<;.,1 ';:;~>:l. c,,..., _~;~jfl. ~D .l~~, .J"lfll,. .I1i~ .IIlP Jt;~"l. ~;~ .'"fi'~ ~~, ,q~ ....,.... ~,], l. fL.\. J
FILE NO.
92-16200
COMMITMENT NO.
F 514268
Exceptions
The policy or policies to be issued will contain exception to the following unless the same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered
by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
3. Rights and claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
5. Easements or claims of easements not shown by the public records.
6. Adverse ownership claims by the State of Florida to those portions of the property described in Schedule "An herein that comprise sovereignty
lands (including without limitation submerged, filted, and artificially exposed lands) that (i) have not been previously conveyed or transferred
by the state, or (ii) are legally excluded from prior state conveyances of other types of lands.
7. General or special taxes and/or assessments required 10 be paid in the year 1992 and subsequent years.
8. 4 foot utility Easement over the North lot line as filed in Plat
Book 23, Page 64, Public Records of PINELLAS County, Florida.
TIM Fann 3500
Commilmenl
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.J , J1...l~......-......,... ,.._._. . ~f" t ..~: "II),~:-< 'l'" .,I.,t, ..':,,~(; I r
, ... 4!'> 4 ... .. ' : " , r ';-:' " ' ' '.... ' J
, At, ~ A ... .. ~ '*' '*' . ... ... AI>. ,G e. U e. :...' a ,'..,..'.... ~"'iAl> ... .~ ., AI> · ...~,
I!> ... ,.\I:. . AI- A!. ~. $. At- . ... . ... ... .. ... ... . ... . ... ... ... ... ... .. .4'1.'. ... ... ... .. · · · · · ... J
, J.l, A . . ... I,l. At> ... ... . .(I, .!\. ... ....oll. ... ... ... ... .!\. AI> . ~ ... .(I, ... .. ... .. AI> . ... ... ... · AI> .. .{l. .6. ... · .11.
," ,\10 ,ill> .. . .!!>' ... . A A ~, ... AI> A . ... ... ... ... "'I,!c. 4~ . It: .. ",. ... ... . ... ... .. · .!I>. ... · ... ... · A · 4. '
....................A.A..........................(;..(;.......(;..
COMMITMENT NO. F 514268
FILE NO. 92 -16 200
Requirements
The following are the requirements to be complied with:
" Payment to or tor the account of the grantors or mortgagors 01 the full consideration lor the estate or interest to be insured.
2, Instrument(s) necessary to create the estate or interest to be insured and other Instruments which must be prope~y executed,
delivered, and duly filed for record, and/or other matters which must be furnished to the company.
3. Warranty Deed from CITY OF CLEARWATER, to RICHARD D. BRADY and BETTY L,
BRADY, Husband and Wife, and KIMBERLY ANN BRADY, a Single Woman.
I
TIM form 3499
Commitment
,..--.
.
...~.~~.... ....'~....~~~~..........4:
...........................~.............~
.........................................A
.................................~.......~~
~.........~..............................&
SCHEDULE A
File No.
92-16200
Commitment No. F
F 514268
1. Effective Date: 3/23/92
@ 05:00 PM
2. Policy or Policies to be issued:
(a) AL T A Owners Policy - Standard Form B - $
(4/6/90 with Florida modifications)
Amount:
35,000.00
Proposed Insured:
RICHARD D. BRADY and BETTY L.
BRADY, Husband and Wife, and
KIMBERLY ANN BRADY, a Single
Woman
MINNESOTA
TITl~ 4\
(b) ALTA Standard Loan Policy - 1970
(amended 10/17/70 & 10/17/84)
$
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a
FeG ~i~~le
ee mple, leasehold, elc.)
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
CITY OF CLEARWATER
5. The land referred to in this policy is situated in the County of
Slate of Florida, and is described as follows:
Lot 1, Block B, PINE BROOK SUB-DIVISION, according to the map or
plat thereof as recorded in Plat Book 23, Page 64, of the Public
Records of Pinellas County, Florida.
PINELLAS
/0-2 r;:- /~6 C;C'S O~002- 00/0
TIM Form 2420 This Commitment valid only if Schedu~e B is attached.
I ....",- ~
,~ .. . ~ c I. " " ~ , ~. ,_
t~~:' 'L(:
~D."""""""'(ml';i'Y:m6'.IJfJ.""tr.r".!Z-D
l~.~fi,~.~ ~ ~ ~rt~~4h 4~~~ ~~,~'~~~,~~~ ~ ~ ~~~~'~~', - .~~~~~~~~~~~~~~~ ~ ~
:,.fi,~A~$:4*.L.~~~~ ~~~lE' Iftl ~1b,lh 01'&4..4, ..~4) ~ ~~~~~~~4!'
"~\ hi}. L~\ ~ ~,4}\4~ 4~m~~tl "!~pt'A\ ~ ~ .~~ ~k\. " ~~.~~~~~~ ~~ ~~
~~.6~~.666..~~.~66....~.....6~...66.A
-~AA6~.6.6...........66........6~.666.6~
~~666~66...6.6A6..6666666.......6..6~461
F 514268
/~~~A ~L/1
t/c:/?~(f-
MINNESOTA
TITL:~
TITLE INSURANCE COMPANY OF MINNESOTA a Minnesota corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A in favor of the proposed Insured named in Schedule A as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,
whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF. Title Insurance Company of Minnesota has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized
signatory_
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien. encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail
to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien. encumbrance, adverse claim or other matter, the
Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for an only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or Ic) to acquire or create the estate
or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as
expressly modified herein,
4_ Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
NOTE: The policy committed for may be examined by inquiry at the office which issued the commitment. and
a specimen copy of the policy form (or forms) referred to in this commitment will be furnished promptly upon request.
TITLE INSURANCE COMPANY OF MINNESOTA
A Stock Company
400 Second Avenue South nneapolis
resident
a~!{(%~
Authorized Signato'r!
TIM Form 3229
By
Attest
.}4 6o/soc,,""
.'..-.~"',.,.,.,;,.....":"~: '
m
~ @ [fO-~;ml
DEe 1 7 1991 ,,~
I
!
CITY CLERK DEPT. I C I T Y 0 F C LEA R W ATE R
Interdepartmental Correspondence
TO: Susan Stephenson, Documents & Records Supervisor
FROM: Earl Barrett, Housing Counselor ~
SUBJECT: certificate of Title - Turbak property
DATE: December 16, 1991
Attached is original recorded certificate of Title issued to the
City by the civil Division of the pinellas County Circuit Court on
October 15, 1990 in re the following CDO rehab loan file:
TURBAK, Theresa E.
1388 Hibiscus street
Clearwater, Fl. 34615
RL-464
Please give me a call at 6880 if you need anything further.
r'~' I / 'I./':: ,""" /)O/) -' " "':'7/ (I
.I (),-) '/ -/' - ....'~ .". ~', - (/ ~ "c. v'
1
I
<QIax Jroration
FILE #
<:12-1.6200
PROPERTY: I :~88 H T RUSCUS STRF.F.'r CT.F.ARWA"'F:R.. F'T.OR I DA 34615
DATE:
April 24, 1.992
It is understood between the parties hereto that the exact amount of real property taxes
applicable to the subject property for the current year is unknown. The tax proration herein was
therefore based upon estimated taxes in the amount of $ .1 , 37 '} . 48
Should actual taxes for the current year vary from estimated taxes, each party shall have
the right to demand and receive from the other a re-proration of taxes and reimbursement for
the prorated amount of variation thereof. Each party consents to such proration and agrees to
look to the other party should a re-proration become necessary, and to save and hold harmless
as to such proration the mortgage, realtors and closing attorney and/or agent.
Actual tax bill paid = $
365 = $
daily tax rate
$
daily tax rate x
115
number of days prorated per
closing statement = $
actual tax proration.
Actual tax proration
$
LESS: Estimated tax proration
$ 4~~ 43
Difference, actual vs. estimated taxes
$
If difference is a positive number, Seller owes Buyer the difference.
If difference is a negative number, Buyer owes Seller the difference.
Tp.l
111
1>,
C!RCUIT CWJRT, PINELLAS COUNt', FLORIDA
,,-, CIVIL DIVISION - *** OFFICIAL
01' BOor~ 741!,5
No Recording Fee 239 a()
41 Ooc Stamps $ , .
HECDF\DG ***
PAGE 1841
CASE NO. 89-11218-21
PINELLAS COUNTY FLA.
First Federal Savings and Loan INST :II: 90--29:3926
Association of Largo
PLAINTIFF(s)
l'CC"JPIMtery Tax Pd. ._d 3q.c.~.6
t Intangible Tax Pd.
Plnellas County
die*"
vs.
William J. Dipietrantonio.
et al...
By .
DEFENDANT(s)
CERTIFICATE OF TITLE
The undersigned Clerk ofth~C9urtGertifiesthatsheexecuted and filed a Certificataof Sale in this action on
Oc tober 15 , 19 ~~ for the property described herein and that no objections to the sale have been filed
within the time allowed for filing objections.
The following property in Pinellas County, Florida:
Lot 1, Block "B" PINE BROOK SUB-DIVISION,
according to the plat thereof recorded
in Plat Book 23, Page 64, Public Records
of Pinellas County, Florida.
was sold to: City of Clearwater
whose address is: PO Box 4748. Clearwater. FT. 140]8-4748
WITNESS,my~and and the seal of this Court on
Ortohpr /0,
19 .9..0- ,
~ ( '.~,'
'.
..~,;,
KARLEEN F. De BLAKER
Clerk of the Circuit Court \
BY:~ I.. ~ N"'- ~ ~ \. I\f"..C
Deputy Clerk
($EAL)
.;-': '
"-\ ;
~.:: '
~;'\ .
,/ "
. ;".',!
...,',.) "..
. / :~ illo . ~. IJ ~, ~\ . .....;':', ~~";
CT CIV4,1.iRevi~ed' /06/81)
290i&OitO
n.-
t..;..
DOC 5T !\rIPS
T i I
1 \of....
r; '0,; .,~/30{l!O.DH5q
lL:' ......'};. '.,' !~...; .1........;: _~: i;: --
(! {! " r /)1.eL,
Row
f~
KAFiLEEN F'.
I1EBLAKEFi, CLERK
OCT 31, 1990 3:46PM
TO 'I'lL ~
r ;'\!;H" AMI. Tr-:f\jnE~!Ln'
... r .'-' tOll I . l:O ; Col ,JJ J \t...~~r OJ
i :H;,_':'C.t',' ,\.j';.iT TC'\~'D'" '~"({"r.'L"'"
irI 1 ~: ~ 1 '.-f"f ~ J 1:- ,,~
C Hi:\f\!GE ~
.,
I
Rehabilitation Advance Promissory Note
REHABILITATION ADVANCE PROMISSORY NOTE
Case No:
RL-464
Amount: $15,000
Clearwater, Florida
March 26
, 19 85
FOR VALUE RECEIVED, the undersigned jointly and severally promisees)
to pay to the order of the CITY OF CLEARWATER; FLORIDA (herein called .thw
"City"), or its successors, the SlDD of fifteen thousand and 00/100
Dollars ($ 15,000.00). Payment of the principal amount of this Note is
deferred while the undersigned remains fee simple owner and resides at the
noted property. Transfer of ownership or loss of residence shall constitute
default of the deferment and will cause this Note to become due and payable.
Failure of the City to exercise such option shall not constitute a waiver of
such default.
During the deferred term this note will not accrue interest. Upon
default of the deferment, this note will accrue interest at a rate not to
exceed 6% per annum until the principal amount of this Note is paid.
The undersigned reserve(s) the right to prepay at any time all or any
part of the principal amount of the Note without the payment of penalties
or premilDDs. Any payment of this Note prior to default of the deferment
shall be applied to the principal due on the Note.
IN THE EVENT the undersigned defaults his deferment by transferring fee
simple ownership or becoming a non-resident of the noted property, the
principal amount of this Note plus any accrued interest will become due and
payable. The City, at its option, ldY prepare an alternative promissory note
requiring monthly payments of principal and interest. All payments on the
alternative note shall be applied first to the interest due bn the Note, and
then to the principal due on the Note, and the remaining balance shall be
applied to late charges, if any.
The undersigned shall reserve the right to reject the alternative Note by
paying the principal amount of this Note within 30 days of default of the
deferment. Failure of the undersigned to pay the principal amount of this Note
or execute an alternative Note within 30 days of default of the deferment will
constitute failure on the part of the undersigned. Such failure will be subject
to suit by the City ao recover on this Note.
If suit is instituted by the City to recover on this Note, the undersigned
agree(s) to pay all costs of such collection including reasonable attorney's
fees and court costs.
THIS NOTE is secured by a mortgage duly filed for record in Pinellas County,
florida.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead
and other exemption rights which otherwise would apply to the debt evidenced by
this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as
of its date.
~~ t.~
THERESA E. TURBAK
($EAL)
(SEAL)
Schedule "A"
\
"
Mortfage to Secure A Lyan
for Rehabilation of Property
85064658
O.i. 5961 ",~Gf1936
THIS MORTGAGE made on or as of this 2 6
day of March
,1985 ,bet'Ween
Theresa E. Turbak
hereinafter called, and if more than one party, jointly and severally hereinafter called
"Mortgagor", residing at 1388 Hibiscus Street in the City of Clearwater
Pinellas County, Florida, and CITY OF CLEARWATER, Florida, hereinafter called "Mortgage;"
~ITNESSETH, that to secure the payment of an indebtedness in the principal amount
of flfteen thousand and 00/100 Dollars ($15,000 ), vith interest
thereon, 'Which sba11 be payable in accordance 'With a certain note, bond or other obliga-
tion, which obligation is hereinafter called "Note", bearing even date herewith, a
true and correct copy of which, exclusive of the signature of the Mortgagor, marked
Schedule A, is annexed hereto and made a part hereof, and all other indebtedness which
the Mortgagor is obligated to pay to the Mortgagee pursuant to the provisions of the
Note and this Mortgage, the Mortgagor hereby grants, conveys and mortgages to the
Mortgagee:
ALL that certain lot, piece, or parcel of land situate and being in Pinel1as County,
Florida, described as follows; to vit:
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SUBDIVISION, according to the map or plat
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TOGETHER with all appurtenances thereto and all the estate and rights oC the Mortgagor in and to such property or
in anywise appertaining thereto: all buildings and other structures now or herea.!tei" thereon erected or installed. and
all fixtures and articles of person.a.l-pI"Gpe1"ty-nowor nerealter attached to; or used in; 'Or in- the ope-ration of. iLny such
land. buildings or structures which are necessary to the complete use and occupancy o( such buildmgs or structures (or
the purposes for which they were or are to be erected or installed. including. but not limited to. all heating. plumbing.
bathroom. lighting. cooking. laundry. ventilating. refrigeratinjt. incinerating and air-conditioning equIpment and
fixtures. and all replacements thereof and additions thereto. whether or not the same are or shall be attached to such
land. buildings or structures in any manner; .
TOGETHER with any and all awards now or hereafter made Cor the taking of the prope~y mortgaged hereby. or any
part thereot (including any eaSement) by the exercise of the power of eminent domain. including any a.....ard for change
of grade of any stre~t or other roadway. which awards are hereby assigned to the Mortgag-ee and are deemed a pan of
the property mortKa~ed hereby. and the Mortga!:ee is hereby authorized to collect and receive tho proceeds of such
awards, to give proper receIpts and acquittances therefor. and to apply the same toward the payment of the indebted-
ness secured by thIS Mortgage. notwithstandin!:, the fact that the amount owing thereon may not then be due and pa.y-
able: and the Mort~al-:or her~by al-:rees. upon request. to make. execute and deliver any and all assignments and olher
instruments sufficient for the purpose of assignm~ each such award to the Mortgll.g!:e. free. clear and discbarged of any
encumbran~sof any kmd or nature whatsoever; and
TOGETHER with all ri~ht. title and interest of the Mortgajtor In and to the land lying in the.streets and ro&ds in fronl
of and adjoinin~ the above described land (1\11 the above described Innd. bUlldin,::s. other structur~s. fixtures. articles
or personal property. awards and other rights and interests bemg hereinafter collectlvely cal1ed the "mort~aged pro-
perty").
TO HA VE AND TO HeLD the mort!{Aged property and every part thereof unto the Mortgagee. its successors and 1lS-
sisns forever for the purposes and uses herein set forth.
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OJ. 5961 ;:~G[1937
AND tho Mortgngor further coventts and ng:-ccs with the Mortgar.;ce. as fOllOWp:
1. Tho Mortl{nl{or will promptly pay tho principal of nnd Interest on tho indebtedness evidenced by the Note. and all
other chnrl{es a.nd indehledness provided therein a.nd in this Mortga!;e. Ilt the limes und in the manner <,rovided In the
No\.o and in this Mort~a~o. "
2. Tho Mortgl\l{or will pay when due, as hereinafter provided. a1\ ~round rents. 1f any. and all ta.xes, assessments.
water rates and other ~overnmentll.l chnrl-:es, fines and impositions. of every kind and nature whatsoever. now or here-
&f18r Imposed on tho mortf:ra.ged property. or any part thereof, and will pay when duo overy amount of indebtedness
securod by any lien to which the lien of this Mortgage Is expressly subject.
3. This Mortgajteand the Note wero executed and delivered to secure moneys advanced in full to the Mort~a~or by
the Mortgagee ll..'i or on ac,<ou{1t,oJ " loan pvidenced by the Note. for the purpose oC making thi improveme,nts described
or referred to in the RenaDllltatlon WorK Contract dated 3 26 .19 85,tooronthe
mortgaged property, and Cor such other purpose. If any. described or reterred to therein, which improvements are here-
Inafter collectively called "Improvements:' The Mort~agor shall make or cause to be made a~l the Improvements.
If the construction or Ins1."l1ation oC the Improvements shall not be carried out with reasonable diligence. or shall be
discontinued at any time for any reason, other than strikes. lock-outs, a.cts oC God. Cires. floods. or other similar catas-
trophies. riots. war or insurrection. the Mortgagee. after due notice to the Mortgagor. is hereby a.uthorized (a) to enter
upon the r:lOrtgaged property and employ any watchmen. protect the Improvements from depredation or injury and to
preserve and protect such property. (b) to carry out any or all then existing contract~ betwe~n the Mortl;agor and other
parties Cor the purpose oC making any of the Improvements, (c) to make and ente.r 1nto additional contracts and lncur
obligations for the purposes of completing the Improvements pursuant to ,the obhgatlOns of the, Mortgagor h~reu~der.
either in the name of the MortgalSee or the Mortgagor, and (d) to pay and discharge all debts. ob!Jgat1ons and hablhtles
incurred by reason oC any action laken by the Mortgagee as provided in this Paragraph. all of which amounts so paid by
the Mortgagee. with interest thereon from the date of each such payment. at the rate oC three percent (3%) per annum.
shall be payable by the Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage.
4. No building or other structure or improvement. fixture or personal property mortgaged hereby shaIl be removed
or demolished without the prior written consent oC the Mortgagee. The Mortgagor will not make. permit or suCCer any
alteration of or addition to any building or other structure or improvement now or which may hereafter be erected or
installed upon the mortgaged property. or any part thereof. except the improvements required to be made pursuant to
Paragraph 3 hereof. nor will the Mortgagor use. or ~ermit or suffer the use oC. any of the mortgaged property for any
purpose other than the purpose or purposes for which the same is now intended to be used. without the prior written
consent of the Mortgagee. The Mortgagor will maihtain the mortgaged property in good condition and state of repair
and will not suCCer or permit any waste to any part thereof. and will promptly with all the requirements oC Federal.
state and local governments. or of any departments. divisions or bureaus thereof. pertaining to such property or any
part thereof.
5. The Mortgagor will not voluntarily create, or permit or suffer to be created or to exist. on or against th~ mortgaged
property, or any part thereof. any lien superior to the lien oC this Mortgage. exclusive oC the lien or liens. if any. to which
this Mortgage is expressly subject. as set forth in the granting clause a:Jove. and will keep and mamtain the same free
!tom the claims ,of all parties supplying labor or materials which will enter in:O the construction or installation of the
Improvements.
6. (a) The Mortgagor will keep all buildings. other structu.es and improvements. including equipment. now existing
or which may hereafter be erected or installed on the land mortgaged hereby. insured against loss by fire and other
hazards. casualties and contingencies. in such amounts and manner. and for such periods. all as may be req1.:ired from
time to time by the Mortgagee. Unless ot.'ler.vise required by the Mortgagee. all such insurance shall be effected by
Standard Fire and Extended Coverage Insurance policies, in amounts not less tr.an necessary to comply with the coin-
surance clause percentage of the value applicable to the location a.nd CZ1a:-acter of the property to be covered, All such
insurance shall be carried in companies approved by the ~10rtgagee and all policies therefore shall be in such form
and shall have attached thereto loss payable clauses in favor of the Mortgagee and any other parties as shall be satis-
factory to the Mortgagee. All such policies and attachmen~ thereto shall be delivered promptly to the Mortgagee. un-
less they are required to be delivered to the holder of a lien of a mortgage or siI:1i1ar instrument to which this Mortgage
is expressly subject. in which latter event. certificates thereoC. satisfactory to the Mortgagee, shall be delivered prompt-
ly to the Mortgagee. The Mortgagor will pay promptly when due. as he:-einafter provided. any and all premiums on such
insurance, and in every case in which payment thereof is not made f.-om the d.eposits therefor required by this Mort-
gage. promptly submit to the Mortgagee for exarnint.tion receipts or o:..'1er evidence of such payment as shall be satis-
factory to the Mortgagee. The Mortgagee may obuu, and pay the premium on (but shall be under no obligation to do
so) every kind of insurance required hereby i! the anlOunt of such premium has not been depOSIted as required by this
Mortgage. in which event the Mortgagor will pay to t.1e Mo~gagee every premium so paid by the Mortgagee.
(b) In the event oC loss or damage to the mortgaged property. the ~fortgagor will give to the Mortgagee immediate no-
tice thereof by mail, and the Mortgagee may !!lake 0.:)1 Cile proof oC loss if not made otherwise promptly by or on behalf
oC the Mortgagor. Each insurance company issuing any such policy is hereby autilorizea and directed to make payment
thereunder for such loss to the Mortgagor and the Mortgagee jointly, :Ir.less the amount of loss is payable first to the
bolder oC a..lien under a mortgage or similar instrument to which this ~fortgage is expressly subject: and the ins,urance
proceeds. or any part thereof. if received by the Mortgagee. may be applied by L~ Mortgagee. at its option. either in re-
duction oC the indebtedness hereby secured. or to the restoration or repair of the mortgaged property damaged. In the
event of foreclosure of this Mortgage. or of any transfer of title to the mortgaged property in extinguishment of such
. indebtedness. all right. title and interest of the Mortgagor in and to every such insurance policy then in enforce. sub-
ject to the rights and interest of the holder oC any such prior lien. shall pass to the grantee acquiring title to the mort-
gaged property together with such policy and appropriate assignment oC such right. title and interest which shall be
made by the Mortgagor.
7. (a) In order more fully to protect the security of this Mortgage. the :'-fortgagor shall deposit with the Mortgagee to-
gether with. and. in addition to. the, payment of principal and interest monthly on account oC the Note secured hereby.
until the Note is paid in full. an amount of money equal to the total amount of(i} ground rents. if any. next becoming
due. (ii) the premiums next becoming due on the poliCies of fire and all other hazard insurance required by this ~fort-
gage with respect to the mortgaged property. (iii) taxes. assessments. water rates and other governmental char~es
next becoming due on the mortgaged property (all 1.':le Coregoing a.mounts as estimated by the Mortgagee and set forth
in & written notice oC such estimate by the Mortgagee to the Mortgagor from time to time). less all amounts that may al-
ready have been paid therefor. divided by the number oC calendar months to elapse before one calendar month pnor to
the date when such ground rents. premiums. taxes. assessments. water rates and other governmental charges. respec-
tively. will become due and payable. If any amount reCerred to in clauses (i) through (iii) hereof is required to be de-
posited by the Mortgagor under a. mortgage or similar instrument ha...ing priorIty over the lien oC this ~10rtgage. 1.':le
Mortgagor shall make the deposits required by this Paragraph 7 only in the event oC.the termination oC such obligation
under the prior mortl"age or similar instrumenL The Mongagor shall gi....e prompt notice. in writing. to the :\~ortgagee
of the occurrence oC the--last mentioned event. All such amounts so deposited w1th the Mortgagee shall be held by the
Mortgagee. or any agent designated by it. in trust to be used only for the payment of such ground rents. premJUms.
taxes. assessments, water rates and other governmental charges. No interest shall be payable by the ~fortgabee on any
sum so deposited.
(b) All amounts required to be deposited with the ~10rt~gee monthly in accordance with Paragraph 7 (a.) hereoC.
and the a.mount of principal and interest to be paid each monL" on accollnt of the Note. shall be added tor:ether. and the
aggregate amount thereot shall be paid by the Mortgagor to the ~fortb~~ee in a single payment to be n<,plied by the
Mortgngce on account of the indebtedness of L'1e Morgagor pursuant to the :\'ote and this ~10rtgage (to the extent that
.monles are available from the amount so deposited). in the order. an}" provision of the Note to the contrary notwith-
standing. as tollows:
FIRST. to the amount oC such ground rents. if any. fire and other hR.zard insuranco premiums, taxes. as'sessments.
water rates and other governmentnJ chR.rJ;:es required to be paid under the provisions of this ~fortgs.!;'ll. 10 whatever
sequence tho Mortga.goe l111\Y exclusively determine;
SECOND. to Interesl due on the Note;
THIRD. to the prlncipa.l due on the Note: and
FOURTH, the remainder 10 the late chaq;es, It AOY, referred to In the Note.
Any deficiency in the amount oC any such a,,~~a.te monthly pa.yment shall, unless pnld by the Mortgagor pric.:' to lhe
due date of the Ile~t such doposlt paYl\blo, constitute II.n event of default under this ~10rtgl\ge.
.,*-~......
-~ ; r _'. D.t 5~61 "M:f1938
(c) Any oxcess funds that may be a.cJumulated by ronson 01 the depolllls requlrJ under Para!{raph 7 (a) hereol. ro-
malnlnR' alldr pa.ymont of tho amount. described in clu.uBo8 (I). (i1) ILnd (ill) her C. shall be credited to lIubsequent
~poctive monL':Ily amounts oC the slUTle nature required to be paid th~reunder. I any such amount IIl1all oxceed the
estimate therefor. tho Mortl(lI.gor shall forthwith pay to the Mortl:l\A'ee the amount oC such deficiency upon wrilwn
notice by tho MortKlI.l(ee oC tho amountthereo(, FaiJuro to do so before the due dale oC such amount shall be IU1 event 01
delault untfor this MortA'ILKe. If the mortl{aKed property is sold un!i~r!Q.rcclosure or Is otherwise acquired by the Mon-
gagoe. alter default by tho MortK&KOr. any rema.inlnK balance of the accumulations undor Paralt%'aph 7 (IL) hereof. shall
be credited to the principal amount owinlt on the Note as 01 the date oC commencement oC foreclosure proceltdings for
\be mortgaged propeny. or ~ of the date the mortgaged propeny is otherwise so acquired. .
8. The Improvements and &11 pllLns and specificaLions therelor shall comply with &11 applicable municipal ordinances.
regulations and rules made or promulWlted by lawlul authority. and upon their completion. shall comply therewith and
wilb the rules 01 the Board 01 Fire Undcrwritel'3 having jurisdiction.
8. Upon Any failure by the Mortgagor to comply with or perform any 01 the terms. covenants or conditions 01 this
Mortgage requirinlt the payment of a.ny amount of money by the Mortgagor. other than the princip.al amount or the loan
evidenced by the Note. interest and other char~s, as provided in \be Note. the MongaKce ma.y at its option make such
paymenL Every payment so made by the Mortgagee (including reasonable attorney's fees incurred thereby). with
interest thereon from the da.te 01 such pa.ymenL al the rate of th,... percent (3%) per anhum. except any payment for
wbich a dUferent rate of inlarest is specified herein. shall be payable by the Mongajtor to the Mortgagee on demand
&nd sh&11 be secured by this Mortgage. This Mortgage with respect to any such amount a.nd the inlarest thereon shall
constitute a lien on the mortgaged property prior to any other lien at~hlng or accruiI1g subsequent to the lien of this
Mortgage.
10. The Mortgagee. by any or its agents or representatives. shall have the right to inspect the mortgaged property
from time to time at any reasonable hour of the day. Should the mongaged property. or any pan \bereof. at any time
require inspection. repair. ca.re or attention 01 any kind or nature not provided by this Mongage as determined by the
Mortgagee in its sole discretion. the Mortgagee may. after notice to the Mortgagor. enter or cause entry to be made
upon the mortgaged property and inspect. repair. protect. care for or mainta.in such property. as the Mortgagee may in
its sole discretion deem necessazy. and may pay all amounts of money therefor. as lbe Mortgagee may in its sole discre-
tion deem necessary.
"11. The principal amount owing on the Note toge\ber with interest thereon and all o\ber charges. as therein provided.
and &11 other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by this Mortgage.
sball immediately become due and payable without notice or demand upon the appointment' 01 a re1:eiver or liquid&-
tor. whether volunta.ry or involuntary. for the Mortgagor or any 01 the propeny of the Mortgagor. or upon the filing or
a petition by or against the Mortgagor under the provisions of any State insolvency law. or under the provisions of the
Bankruptcy Act of 1898. as amended. or upon the making by the Mortgagor or an assignment for the benefil or the
Mortgagor's creditors. The Mortgagl!:O is authorized to declare. at its option. iIll or any part of suc:l1 indebtedness im-
mediately due and payable upon the happening of any of the rol}owing events:
- , -
(a) r~iu.re. to pay the amount of any installment or principal and interest. or other charges payable on the Note.
c:.:"'hich shall haYA become due. pnor to the due date of the next such installment.
. (b) NQnMf{~ce by the Mortgagor of any covenant. agreement. term or condition or this Mortgage. or or the
.; Ncrte(ex-eept" as otherwise provided in subdivision (a) he~f) or of any other agreement heretofore. herewith or
< . hereafter made by the Mortgagor with. the Mortp~e in connection with such indebtedness. af+.er the ~{ongagor
ha;J been given due notice by the Mongagee of suc:l1 nonperlOn:1ance: -
~"'bF-~~.J. 'wJf'dth"" U rf' d"."."
\...., ~~'" 01 e ....ortgagor to pe orm any covenant. agreement. term or con luon 1n any mstnlment cres.tlDg a.
-.11t:". upon themon~ged property. or .arJ.y part to"1ereo!. which shall have priority over the lien 01 this :'{ort51l.ge:
(d) The Mortgagetl's discovery of the Mortgagor's failure in any application 01 the Mortgagor to the Mort~gee to
disclose any C3.Ct deemed by the Mortga.~e to be material. or of the making therein. or in any or the a.g::-eements
entered into by the Mortgagor with the ~tortgagee (including. but not limited to. the Note and this Mortgage) or
-any misrepresentation by. on behalr 01. or for the bene!it of the Mo:tgagor.
(e) ne sale. lease or other transrer of any kind or nature or the mortgaged property. or arJ.y part the~l. without
the prior written consent or the Mongagee:
The Mortg1 gee's failure to exercise any 01 its rights hereunder shall not constitute a. waiver thereof. All the events in
thU Para~'aph enumerated upon the happening or any or which the Note sh&ll become. or ma.y be declared :0 be.
immediately due and paya~le are in this Mortgage called -events of default.'.
12. The Mortgagee may from time to time cure each default under any covenant or ag:-eement in any, instrument
creating a 'ien upon the mortgaged property. or any part thereof. which shall ha.ve priority over the lien or this Mon-
gage. to such extent as the Mortgagee may exclusively determine. and each amount paid. it any. by the Mortgagee to
cure any such default shall be paid by the ~tortgagor to the Mortgagee. and the ~{ortga.gee shall also become subro-
gated to whatever rights the holder of the prior lien might have under such instI'UInent.
13. (a) After the hap~ning or any derault hereunder. the Mortgagor shall. upon demand or the Mortgagee. surrender
possession or the mortgaged property to the Mortgagee. and the Mortgagee may enter such property. and let the sa..:ne
and collect all the rents therefrom which are due or to become due. and applJ.. the same. a!ter p&yr.tent of all cbarges
&nd expenses. on account of the indebtedness hereby secured. and all such -rents and all leases existing at the time of
such default are hereby assigned to the Mongagee as fur.her security for t.'1e payment of the incebtedness secured
hereby: and the Mortgagee may also dispossess. ,by the usual summary proceedings. any tenant defaulting in t."1e P;J.Y-
ment 01 any rent to the Mortpgee.
(b) In the event that the Mortgagor occupies the mortgaged property or any part thereof. the ~ortga~r agrees to
surrender possession of. such property to thf! ~ortga.gee immediately alter a.ny such default hereunder. and if the ~ton-
g-agor remains in possession after such default. such possession shall be as a. tenant of the Mortgagee. and t.'le ~fort-
gagor shall pay in advance. upon demand by the Mongagee. as a reasona.ble monthly rental for t.'le ?re:nises OCCU,)Ied
by the Mortgagor. an amount at least equivalent to one-twelfth or the aggregate of the twelve mon t.hly ins:allme:1ts
payable in 1.':Ie current calendar year. plus to'le actU&1 amount 01 the annual ground rent. ir any. ta.xes. assess~ents.
water rates. other governmental charges. and insurance premiums pa.yable in connection WIth tbe ~or:gaged property
during such year. and upon t..'le failure of the Mortgagor to pay such monthly rental. the :'of on gag or may also be dis-
po~ssed by the usual summary proceedings applicable to tenants. This covenant shall become ef:e:::~ive immediately
upon the happening of any such default. as determined in the sole discretion of t."1e ~ortgagee. who shall give notIce of
s~ch determination to the Mortga.~r. and in the case 01 foreclosure and the appointment of a receiver of t1'1e rents. t.':Ie
Wlthin covenant shall inure to to'le bene!it of suc~ receiver.
14. The Mortg!lg~ in any action to foreclose this ~ort!Z!lg1l shall be entitled to the appointment 01 & receiver wit~-
out notice. as a ml.tter of nght a.."1d without regard to the value of the mor:F:a~d ?roperty. or the solvency or Insolvency
of the Mortga.gor or other party liable for the payment of t.':Ie Note and other indebtedness secured by thIS Mor-gage.
15. The ~fortg-agor. within ten (10) days upon request in person or within twenty (20) days upon request by mail. will
furnish promptly a wntten SUl.ement in fonn satisfactory to t.':Ie ~fortg-;J."~. sl!:ned by the ~10rtgagor and duly a.cknow-
ledged. of the a.mount then owing on the Note a.ndother indebtedness secured by th1S ~{onga.ge. iL.,d .....hel..'ler a..:lY ot!.
sets or defenses eX1st a~amst such mdebledness or any part thereoL
16. The Mort~3.t:or will !:ive immediate notice by re\:istered or certified mail to the Mortga.gee 01 any fire. dar:1age or
oL':Ier c:1sualty I.tfectlng the morthaged property. or of any conveyance. transfer or change lD ownership of such pro-
perty. or any part thereof.
17. Notice and demand or request may be made in writing and may be served in person or by :nuL
18. In CllSe 01 a foreclosure sale 01 the mortgaged property. It may be sold in one pucel.
19. The ~fort!:lI.ltOr will not assij7;n the rents. If a.ny. in whole or in part. from the mor:ij;sged prope~y. or any part
thereof. without the pnor written consent of the Mort~lI.~ce.
20, The Mort~l\g-or is Ia.wfully seized of the mortp\l~ed p.operty 1nd h~ f:ooc! rl~ht. full power i1.nd liLwful authority
to sell <llld COIlVt'Y lho sault' In the manlier iloove prul/ldt'd. <lnd will WILrrl\nt iLnd defend tho same to the :;1ortg!1~ee for-
ever a~:lIl1sl Un~ lawful claims OUld deml\nds of I\ny li.lld all po.rues wh:1ls00ver.
OJ,5961 :-.\[;[1939
~
21. Tho MOMIl:l\~=orhoruby Wl\iVI.lthe beneClt of Roll hl)me.'iten.d cxompUons H.llt., the dobt secured by thiil ~.!ortl!:1\C:o
and IUt to a.ny expendlturu for insurancos. taxes, levies, n.!lsessmcnt!j, dues or char~cs Incurred by tho MortJ{o.g'JQ PU1-
f1un.nt tu o.ny provllliun of this Mortgl\l;e.
22. ','lis Mort~l\l:e and 11.11 the covenants, lI.~cements, terms and conditions herein contained shl\lI b1 bind1ng upon
and inure to tho benefit of the Mort~;\&.:or and the he.rs. IC/.{I\I rcpre~enl..1.tives and II.ssi~n!l of tho Mort~a~l)r, and. to tho
extent permitted by law, every subwquent owner o( the mort~a"ed property, and shall be bjndin~ upon and Inure to
tho benefit to tho Mort/.{n~ee and iL<; a5sih'Tll'I. If tho MurtA'a~or. as defined herein. eon5ists of two or more parties. this
MoMKl\ge shQII constitute a. grant Ilnd IIlnrtga!{e by all of them joinlly Ilnd severally, and they shull be obligated jointly
and sovera.lly undur 11.11 the proviSIons hereof and under t.'le Note. The word "Mortl:lL&.:ec" shaH include any person,
corporation or other party who mll.Y (rom time to time bo the holder of this Mortgll.!-:,o. Wherover lIsed herein. the SIll+{1j-
Ia.r number shall include tho plur:!.I, the plural number shall include the singular, and the use oC any gender shall be
applicable to all genders wherever the sense requires.
IN WITNESS WHEREOF. this Mortga.ge has been duly signed and seo.led by the Mortgagor on or AS oC the day and
year first above written.
dLu~~
~
I HEREBY CERTIFY. That on this 26 day of March
signed authority. personally appeared Theresa E. Turbak
lris-w~ known to me to be the oersonw described in and who executed the
nowledged the execution t.'1ereoi ro be her free act and
mentioned.
WITNESS my hand a.nd official seal the date a.foresaid.
. A.D. 19 8 5
. before me. :he under'
and ---------
Core going instrument. and severally ack-
deed for the uses and put;lil~:!fes t:.erein
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Notary Public .. fI'~.
Notary I}ublici S.tate ot Honda _ :;
My commission expires Uy (ommi(dnn ~piJt~.~88' 'l
Bonded Yhr.u Tr':)x fjl}n __.,m . ~ .;: ,?
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o'.i.5961 ;'AGr1940
Rehabilitation Advance Promissory Note
REHABILITATION ADVANCE PROMISSORY NOTE
Case No: RL-464
Amount: $15,000.00
Clearwater, Florida
March 26
, 19 85
FOR VALUE RECEIVED, the undersigned jointly and severally promisees)
to pay to the order of the CITY OF CLEARWATER; FLORIDA (herein called .the'
"City"), or its successors, the sum of fifteen thousand and 00/100
Dollars ($15,000.00 ). Payment of the principal amount of this Note is
deferred while the undersigned remains fee simple owner and resides at the
noted property. Transfer of ownership or loss of residence shall constitute
default of the deferment and will cause this Note to become due and payable.
Failure of the City to exercise such option shall not constitute a waiver of
such default.
During the deferred term this note will not accrue interest. Upon
default of the deferment, this note will accrue interest at a rate not to
ex~e~d6% per annum until the principal amount of this Note is paid.
~' ' ',:,"
The undersigned reserve(s) the right to prepay at any time all or any
part of the principal amount of the Note without the payment of penalties
or';premiums. Any payment of th:ls Note prior to default of the deferment
shall be applied to the principal due on the Note.
IN THE EVENT the undersigned defaults his deferment by transferring fee
simple ownership or becoming a non-resident of the noted property, the
principal amount of this Note plus any accrued interest will become due and
payable. The City, at its option, may prepare an alternative promissory note
requiring monthly payments of principal and interest. All payments on the
alternative note shall be applied first to the interest due on the Note, and
then to the principal due on the Note, and the remaining balance shall be
applied to late charges, if any.
The undersigned shall reserve the right to reject the alternative Note by
paying the principal amount of this Note within 30 days of default of the
deferment. Failure of the undersigned to pay the principal amount of this Note
or execute an alternative Note within 30 days of default of the deferment will
constitute failure on the part of the undersigned. Such failure will be subject
to suit by the City ao recover on this Note.
If suit is instituted by the City to recover on this Note, the undersigned
agree(s) to pay all costs of such collection including reasonable attorney's
fees and court costs.
THIS NOTE is secured by a mortgage duly filed for record in Pinellas County,
fiorida.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead
u ... ~m!i uQ~h~l:".e:ll:~.tJQn.rtgb_u..wh1c:..h,otherwi8ewould. apply totheu.debt evidenced- by
this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as
of its date.
sls
Theresa E. Turbak
(SEAL)
(SEAL)
SCHEDULE "A"