L J AND MARIE BENDER
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~.~ WARHANTVOC~O S-163 I
1./ ",NOIVIO. TO INOIVIO
.II 'this UJarranty Jlleed
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79199828
1
RAMCO FORM 01
Macl(. llu]
clay ul
13th .
A n. JI) 79
NOVEMBER
I,y
L. J. BENDER, AND MARIE BENDER, husband and wife,
O.R. & 9 ~ 6 PAGE
8"2
Il('rf'i/w{II'r C'CJl/c'ci 111(1 (JrcUllor, 10
THE CITY OF CLEARWATER
1I,/lUsc' f)()sluffiC'C! acltlrpssis
1"'''';III1/1,.r C'CJIl,.,1 11". (/r'IIII",,:
IWhrrf"\"rr "iIrof'd h..r..in Ih.. l..rm~ '""ra,lIu," and "Kr.Uth'"'' incJudr ..n Ih,. lIarllr\ In thll In,l,umt"nr .and
Il... tlt"ir', 1...,...1 r.I"t'",uuui\")l and ~,il(n' nl indi,.dauJ.. aruJ Ihf' hUC"C'f""'rI and ~",i"n, of C"urpurallUII\ I
~i1nesselh: 'f/,al III(' WCUllur, for cwd in cmlsiclc'rceliult of I/Ie' sum of $ 10.00 ami /lllll'r
1'1111111/,/" 1'(jI/.~id,'r(lli(j".~. "'c'I'i,)1 /II1...rc.ol is l...rc.I,y cU'k"u",I"I/r",d. IlI'r,'./')I (lrt"".~. IlI/rfjl';lIs, IW/l.~, III;c'II.~. ,,'
",j~I's. rc,ll"JSI'li, ('o/((l('Ys ami ('o"firm:> wllo Ille gran lee, all /l1CI1 "('rlclill l(lIIcl situcllt. in Pinellas
COllllly. Florich" I'i%;
Lot 6, and all of Lot 41, less West 30
according to the plat thereof recorded
Records of Pinellas County, Florida.
feet thereof, Drew Park Subdivision
in Plat Book 3, Page 40, Public
! )
Subject to easements and restrictions of record.
Subject to 1979 taxes and thereafter.
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14 1427A27h 72 DOni. 21No 9
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O'OCUMENT .i\F(Y,,,,~";~":,,~ T fl. Ivl F..L t)( I
oe-pT. OF REVTr:-iu[-;~c;~~~:> ..1
= - (\~(!:i1:"'e"~~- 6 8 OU ~ I
::: == NOV2 1'79 \""t:>, /> :::: ~ .
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I ogelhcr u'il/l all Ille lenemenls. Ilereditamcmls and appurIO;lan""li Ilwrc'lo 1,(.loIIUjllU or j" WIY'
wisp apperlaining,
J D tiaue and tD IlDld, ,he same in fee simple lor('ver.
-Rnd 1110 granlor hereby covenan's with said granlee lhal Ihe grantor is lawfully seized of SQid tarr!!
;/1 Fl'" simpll!: 1/101 the grantor has flood rinht and laullul authority 10 sell and CO/IIIC')I said laml; 1111I1 II".
"...."'..r 1,,'r,./,.y /I/Ily wlfrrclIIls IIII' lilllI 10 ,will lillI/I I/Iul ".,Il ,1,./,.",1 111(1 ~I"'II' Ilfllljll.~1 ,,,,. ,,,,,./,,, ..t..."" ../
till perliuns whomsoever; and thai said land is Iree of all encumbrances, excepl taxI's accruinfl SUhSC'(Iuc'III
10 [)I'('(!ml)pr 31. 19 78.
Q
JIn ~itness llflIhereDf, lhe said gran'or has signed and sealed ,hese presents lhe day and year
firs I above wrillen.
SiflntuJ. s~~(blillered in our prosenee:
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.". S ^ T OF yj di ga,.n"" l
ooq- . TY OF (;c'1houn \
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..~tff~.~..8~.. ....... ,as
MARIE B
SPACE BElOW 'OR RECORDERS USE
C""-l I HEREBY CERTIFY that on tbia day. ~Iore me, an ollicer duly
=-aulhorized in the State aloreaaid and in tbe County aforeaaid .to take
CD ,
:z:aC'knowledKmenu, peraonaUy apPf'ared
L. J. BENDER AND MARIE BENDER
10 me' known to be thl" pcorlOn delCribed in and who execukd the
lorC"Koing inlltrument and acknowledled before me that
~'xecuted the aame.
WITNESS my band and of~ leal. in the County and
~tate laat aforeaaid thia 13U, day (,II
Ncv r ~ A. D. 19 79
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Propared 8y.6, If .
RETURN TO
TITLE CONSULTANTS INC.
P. O. BOX 1206
CLEARWATER, flA. 33517
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AJJu'ii
ROLAND E. ANDERSON
Notary Public, Calhoun County, MichiP.?r
My Commission Ex;-:rc: ;.:iJlch 2, 1983
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FATIC-300 (9-76)
I
POlit No. FA-O- 37672
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"'~ AMER,
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OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED
IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein
called the Company, insures, as of Effective Date of Policy shown in Schedule A, against loss
or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or
incurred by the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested otherwise than as
stated therein;
2, Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land,
This Policy shall not be valid or binding until Schedule A has been countersigned by either a
duly authorized agent or representative of the Company and Schedule B has been attached
hereto.
IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate seal
to be hereunto affixed and these presents to be signed in facsimile under authority of its By-Laws,
First American Title Insurance Company
By:
Preside'1t
Attest: ~ ~~-a-- Secretary
A,L.T,A, OWNER'S POLICY - FORM A - 1970 (AMENDED 5-10-74)
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'h:>!lod S!ql hq palOSU! lSaJalU! JO alElsa aql JOJ anlEA p!Ed pEq lUEW!EP palOSU!
aql J! pau!ElSnS uaaq aAEq lOU PlnoM q:>!qM a8EwEp JO ssol U! 8umnsaJ (a) JO ~ h:>!lod
JO alEa aA!paJJ3 olluanbasqns palEaJ:> JO 8U!q:>EnE (p) ~lUEW!EP palOSU! aql Ol a8EwEp
JO ssol ou U! 8umnsaJ (:>) ~JapunaJaq paJnsu! uu awu:>aq lUUW!EP palOsu! q:>ns alEp
aql Ol Jopd huudwoJ aql OllUEW!EP palOsu! aql hq 8UmJM U! pasops!p lOU puu h:>!lod
S!ql hq palOsu! lSaJalU! JO aJ1qsa uu pa.qnb:>u lU!UW!UP q:>ns alup aql lU JO h:>!lod JO
alE a aA!paJJ3 lU Jaql!a lUEW!EP paJnsu! aql ol UMOU,. lnq spJo:>aJ :>!lqnd aql hq UMOqS
lOU pUE hUEdwOJ aql Ol UMOU,. lOU (q) ~lUElll!Ep palOsu! aql hq Ol paaniE JO pawnssE
'paJaJJns 'palEaJ:> (E) SJanEW Jaqlo JO 'SW!EP aSJaApU 'sa:>UEJqwn:>ua 'sua!l 'spaJaa 'f
'h:>!lOd JO alua aAH:>aJJ3 lE spJo:>aJ :>!lqnd aql U! sJEaddE Sl1J8!J q:>ns JO as!:>Jaxa
aql JO a:>Hou ssalun JaMod a:>Hod JO sl1J8PIEluawUJaA08 JO U!EWOP lUaU!wa JO Sl1J8nl 'Z
'uoHEln8aJ IElUaWUJaA08 JO a:>uEU!pJO 'MEI q:>ns hUE JO UOHEIO!A
hUE JO paJJa aql JO 'PUEI aql JO UaJE JO SUo!sualll!p aql U! uOH:>npaJ E JO d!qSJaUMO
U! UOHEJEdas E 8umq!qoJd JO 'PUEI aql uo papaJa JaUEaJaq JO MOU lUaWaAOJdlll!
hUE JO UOHE:>OI JO suo!suaw!p 'JapEJEq:> aql 8uHEln8aJ JO 'PUUI aql JO luaWhofua
JO asn 'h:>uEdn:>:>o aql 8umq!qOJd JO 8uHUln8aJ JO 8u!PPlSaJ (sa:>UEU!pJO 8lI!uoz pUE
8u!pp.nq Ol paHwH lOU lnq 8u!pnpu!) uOHEln8aJ IElUaWUJaA08 JO a:>uEU!pJO'MEI hUY 'I
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39Y1I3AOJ WOlld SNOISfl'lJX3
FATIC-3.01 (Rev. 9-78)
...
First Ame,tcan Title Insurance ComJany
SCHEDULE A
Agent's
File No.: 7828/Sl63
Date Issued:
Date Effective: November 21, 1979
Policy No. FA-Q, 37672
Issued Pursuant to Commitment No. FA-C- 53758
M.
4 :48 P M.
Amount of Insurance: $ 17,000.00
1. Name of Insured:
CITY OF CLEARWATER
2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as
follows:
FEE SIMPLE
3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage and assignments, if any:
NONE
and the mortgages, if any, shown in Sched ule B hereof.
5. The land referred to in this Policy is in the
State of FLORIDA
and is described as follows:
County of
PINELLAS
Lot Six (6), and all of Lot Forty-one (41), less the West
30 feet thereof, DREW PARK, according to the plat thereof
as recorded in Plat Book 3, page 40, Public Records of
Pinellas County, Florida.
TITLE CONSUTJ TANTS, TNC_
(Insert above line name of Agent)
By:
~~ /Y2J~~
--
Authorized Signatory
foATIC -302 (Rev. 9-78)
First lmerictlll Title Insurance Jompany
SCHEDULE B
Agent's
File No.:
7828/8163
Policy No. FA.O,
37672
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
I. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records,
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor in-
spection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion
so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions:
7. The mortgage, if any, referred to in Item 4 of Schedule A.
8. The lien of all taxes for the year 19 80 and thereafter.
9. Water, sewer or garbage removal service charges due and payable to any county or
municipal authority.
....
I
I
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "insured": the insured named in Sched-
ule A, and, subject to any rights or defenses the
Company may have had against the named
insured, those who succeed to the interest of
such insured by operation of law as distinguished
from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant": an insured claiming
loss or damage hereunder.
(c) "knowledge": actual knowledge, not
constructive knowledge or notice which may be
imputed to an insured by reason of any public
records.
(d) "land": the land described, specifically
or by reference in Schedule A, and improve-
ments affixed thereto which by law constitute
real property; provided, however, the term
"land" does not include any property beyond
the lines of the area specifically described or
referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways,
but nothing herein shall modify or limit the
extent to which a right of access to and from
the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust,
trust deed, or other security instrument.
(f) "public records": those records which
by law impart constructive notice of matters
relating to said land.
2. CONTINUATION OF INSURANCE
AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue
in force as of Date of Policy in favor of an
insured so long as such insured retains an
estate or interest in the land, or holds an
indebtedness secured by a purchase money
mortgage given by a purchaser from such
insured, or so long as such insured shall have
liability by reason of covenants of warranty
made by such insured in any transfer or con-
veyance of such estate or interest; provided,
however, this policy shall not continue in
force in favor of any purchaser from such
insured of either said estate or interest or-
the indebtedness secured by a purchase money
mortgage given to such insured.
3, DEFENSE AND PROSECUTION OF AC-
TIONS - NOTICE OF CLAIM TO BE
GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and with-
out undue delay, shall provide for the defense
of an insured in all litigation consisting of
actions or proceedings commenced against such
insured, or a defense interposed against an
insured in an action to enforce a contract for a
sale of the estate or interest in said land, to the
extent that such litigation is founded upon an
alleged defect, lien, encumbrance, or other
matter insured against by this policy.
(b) The insured shall notify the Company
promptly in writing (i) in case any action or
proceeding is begun or defense is interposed as
set forth in (a) above, (ii) in case knowledge
shall come to an insured hereunder of any
claim of title or interest which is adverse to the
title to the estate or interest as insured, and
which might cause loss or damage for which the
Company may be liable by virtue of this policy.
If such prompt notice shall not be given to
the Company, then as to such insured all
liability of the Company shall cease and termi-
nate in regard to the matter or matters for
which such prompt notice is required; provided,
however, that failure to notify shall in no
case prejudice the righ ts of any such insured
under "this policy unless the Company shall
be 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 without undue
delay prosecute any action or proceeding or to
do any other act which in its opinion may be
necessary or desirable to establish the title to
the estate or interest as insured, and the Com-
pany may take any appropriate action 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) Whenever the Company shall have
brought any action or interposed a defense as
required or permitted by the provisions of this
policy, the Company may pursue any such liti-
gation to final determination by a court of
competent jurisdiction and expressly reserves the
right, in its sole discretion, to appeal from any
adverse judgment or order.
(e) 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 hereunder shall secure to the Company
the right to so prosecute or provide defense in
such action or proceeding, and all appeals there-
in, and permit the Company to use, at its option,
the name of such insured for such purpose.
Whenever requested by the Company, such in-
sured shall give the Company all reasonable aid
in any such action or proceeding, in effecting
settlement, securing evidence, obtaining wit-
nesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse
such insured for any expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF
ACTION '
In addition to the notices required under
paragraph 3(b) of these Conditions and Stipula-
tions, 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 90 days after such loss or
damage shall have been determined and no right
of action shall accrue to an insured claimant
until 30 days after such statement shall have
been furnished. Failure to furnish such state-
ment of loss or damage shall terminate any
liability of the Company under this policy as
to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE
SETTLE CLAIMS
The Company shall have the option to pay
or otherwise settle for or in the name of an
insured claimant any claim insured against or to
terminate all liability and obligations of the
Company hereunder by paying or tendering
payment of the amount of insurance under
this policy together with any costs, attorneys'
fees and expenses incurred up to the time of
such payment or tender of payment by the in-
sured claimant and authorized by the Company.
6, DETERMINATION AND PAYMENT OF
LOSS
(a) The liability of the Company under
this, policy shall in no case exceed the least
of:
(i) The actual loss of the insured claimant;
or
(ii) The amount of insurance stated in
Schedule A.
(b) The Company will pay, in addition to
any loss insured against by this policy, all costs
imposed upon an insured in litigation carried
on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation
carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed
in accordance with the conditions of this policy,
the loss or damage shall be payable within
30 days thereafter.
7, LIMITATION OF LIABILITY
No claim shall arise or be maintainable
under this policy (a) if the Company, after
having received notice of an alleged defect,
lien or encumbrance insured against hereunder,
by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as
insured, within a reasonable time after receipt
of such notice; (b) in the event of litigation
until there has been a final determination by a
court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or
(c) for liability voluntarily assumed by an in-
sured in settling any claim or suit without prior
written consent of the Company.
8, REDUCTION OF LIABILITY
All payments under this policy, except
payments made for costs, attorneys' fees and
expenses, shall reduce the amount of the in-
surance pro tanto. 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 furnished to the satisfaction
of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount
of insurance under this policy shall be reduced
by any amount the Company may pay under
any policy insuring either (a) a mortgage shown
or referred to in Schedule B hereof which is a
lien on the estate or interest covered by this
policy, or (b) a mortgage hereafter executed
by an insured which is a charge or lien on the
estate or interest described or referred to in
Schedule A, and the amount so paid shall be
deemed a payment under this policy. The Com-
pany shall have the option to apply to the
payment of any such mortgages any amount
that otherwise would be payable hereunder to
the insured owner of the estate or interest
covered by this policy and the amount so paid
shall be deemed a payment under this policy to
said insured owner.
(ColJditions and Stipulations continued and concluded on back page of this Policy)
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FATIC-200 (9'76)
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Co1mitment No. FA.C.53758
"''{ AMERI
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation of California, 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 Schedules 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 (6) 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.
This Commitment shall not be valid or binding until Schedule A has been countersigned by
either a duly authorized agent or representative of the Company and Schedule B-1 and B-II have
been attached hereto,
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed,
to become valid when countersigned by an authorized officer or agent of the Company, all in accord-
ance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as
"Effective Date".
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First American Title Insurance Company
By:
Presiden t
Attest: ~ ~~~
Secretary
A.L.T.A. COMMITMENT - 1966
FATIC-201 (Rev. 9-78)
I
First American
.~
'~itle Insurance ~ompany
SCHEDULE A
Agen t's
File No,: 7828/Sl63
Date Issued:
Date Effective: November 6, 1979
Commitment No. F A.C,
53758
8:00
M.
AM,
2. Policy or Policies to be issued:
(a) A, L. T. A. Owner's Policy Form
Amount of Policy: $ 17 ,000.00
A - 1970
Proposed Insured:
CITY OF CLEARWATER
(b) A. L. T. A. Loan Policy - 1970
$
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest
designated as follows:
FEE SIMPLE
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated
as indicated in No.3 above) is, at the effective date hereof, vested in:
L. J. BENDER and wife MARIE BENDER, Estate by Entirety
5. The land referred to in this Commitment is in the
State of FLORIDA
and described as follows:
County of
PTNRTT A!=:
Lot six (6) and all of Lot Forty-one (41), less the West 30 feet thereof,
DREW PARK, according to the plat thereof as recorded in Plat Book 3, page
40, Public Records of Pinellas County, Florida.
TITLE CONSULTANTS, INC.
, (In,," 'bO]"' n.m, o~ Ag,n')
BY:-jy~ >~
Authorized Signatory
FATIC -202 (Rev. 9-78)
First Atneri~~n Title Insurance c1mpany
SCHEDULE B-t
(Requirements)
Agent's
File No.:
7828/8163
Commitment No. F A,C.
53758
The following are the requirements to be complied with:
1. Payment to, or for the account of, the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
2. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable.
3. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed; that
contractor, subcontractor, labor and materialmen are all paid in full.
4. Instruments in insurable form which must be properly executed, delivered and duly filed for record:
(a)
Record proper deed from L. J. Bender and wife Marie Bender, Estate by Entirety
to the City of Clearwater.
(b) Satisfaction of the mortgage recited herein.
5. Taxes for 1979 are due and payable in the amount of $132.52 for November.
.. FATIC-203 (Rev. 9-78)
First A Jzerican Title Insurance ctmpany
SCHEDULE B-II
(Exceptions)
Agent's
File No.:
7828/8163
Commitment No. F A.Co
53758
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are dis-
posed of to the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, 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 rec-
ord the estate or interest or mortgage thereon covered by this Commitment.
2. Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth at the in-
side cover hereof. Any loan policy will contain under Schedule B General Exceptions 1, 2, 3, and 5 unless a satisfac-
tory survey and inspection of the premises is made and will contain General Exceptions 4 and 6.
3. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic install-
ments, then the policy shall contain an additional exception which shall read as follows:
"Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures
the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of
any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such dis-
bursement shall not extend the date of the policy or change any part thereof unless such change is specifically
made by written endorsement duly issued on behalf of the Company, Upon request by the insured (and payment
of the proper charges therefor,) the Company will search the public records subsequent to the date of the policy
and furnish to the insured a continuation report showing such matters affecting title to the land as they have
appeared in the public records subsequent to the date of the policy or the date of the last preceeding continuation
report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the
mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on
such continuation report are removed from the public records by the insured."
4. Mortgage from Harold L. Mills, a single man to Alma Ref1oga1, dated 12/1/69,
filed 12/2/69 in O.R.Book 3214, page 262, Pinellas County Records, for $6,000.00
as assigned to Jacqueline R. Neese, filed 5/31/77 in O.R.Book 4554, page155.
5. Water, sewer or garbage removal service charges due and payable toc~any county or
municipal authority.
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STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortage, if any, noted under item one of Item 4 of
Schedule B-1 hereof and to the following general exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2, Easements, or claims of easements, not shown by the public records.
3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed
by an accurate surveyor inspection of the premises.
4, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records,
5. Any adverse claim to any portion of said land which has been created by artificial means or
has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records,
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 Commit-
ment other than those shown in Schedule B-1 and Schedule B-II 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 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-1
and/or Schedule B-II of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipul~tions.
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 com-
mitted for and 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-1 or
(c) 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, the Exclusions from Cover-
age and the Conditions and Stipulations of the form of policy or policies committed for in favor
of the proposed Insured which are hereby incorporated by reference and are 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 pro-
visions of this Commitment.
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CLOSING STATEMENT
BqYERS
Seller: J. Bender and Marie Bender
Buyer:
The City of Clearwater
Property: 401 Vine Ave.
Clearwater, Fla.
I
Dated:
11/ ~ /79
----------------------------------------------------------------------------------------------------
ITEM
CHARGES
CREDITS
Contract Sales Price
County Taxes from 11/20-1/1/80
~-
TOTALS
AMOUNT DUE TO CLOSE . . . . . . . . . . . . .
17,000.00
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$17, .
00
The undersigned hereby authorize Title Consultants of Pinellas, Inc. to make
expenditu~es-and disbursements listed above and hereby approve the same for
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AFFIDAVIT
TO BE SIGNED BY SELLER OR MORTGAGOR IN CONNECTION WITH TITLE INSURANCE
ISSUED BY TITLE CONSULTANTS, INC., TITLE CONSULTANTS OF COLLIER, INC.,
OF HERNANDO, INC., OR TITLE CONSULTANTS OF MANATEE, INC.
STATE OF F~ NichizaY
POLICY TO BE
TITLE CONSULTANTS
COUNTY OF Calhoun
./
ESCROW FILE NO. S-163
~ 13 19r'Q
DATE y rwv. ., ( ,/
The undersigned, being first duly sworn, deposes and says that:
1. I am a citizen of the United States, of legal age and have never been known by any
other name than that set out below; except (IF none, state "NONE". If Known by
another name, give name and dates known as same);
2. I have owned the property described as follows:
410 Vine Ave., Clearwater, Fla.
and as fully described in your Commitment for title insurance under ~e captioned
file, and now being sold or mortgaged by me continuously for 9 ~ears last
past, and my enjoyment thereof has been peaceable and undisturbed and the title
to said property has never been disputed or questioned to my knowledge, nor do I
know of any facts by reason of which the title to, or possession of, said property
might be disputed or questioned, or by reason of which any claim to any of said
property might be asserted adversely to me;
3. No proceedings in bankruptcy have ever been instituted by, or against me, and I
have never made an assignment for the benefit of creditors:
4. I know of no action or proceeding relating to said property which is now pending in
any State or Federal Court in the United States nor do I know of any State or
Federal Lien of any kind or nature whatsoever which now constitutes a lien or charge
upon the described real estate;
5. The undersigned further certify that the real estate above described has not been
and is not now subject to any unpaid charge, lien, assessment for public improvement
or municipal utilities of any type whatsoever, except:
A. Real Estate Taxes for the year 1979 TO BE PAID BY TITLE CO. AT TIME OF CLOSING
B. Special Assessments NONE
C. Municipal Utilities NONE
6. The undersigned further certify that the real estate above described has been fully
paid for by the undersigned and that there are no claims, liens or encumbrances
against said property under the Bulk Sales Law of Florida, or otherwise, and that
the undersigned hold title to said property free and clear of any retained title
contract, or conditional sales contract, except:
NONE
7. The undersigned further certify that the real estate and personal property
above described are in the actual possession of the undersigned and is not in the
possession, actual or constructive, of any person, persons, or organizations holding
or claiming same adversely to the undersigned under contract, lease or any other
color of title or right of possession.
8. The undersigned further certify that there are no unpaid bills or claims for labor
or services performed or material furnished or delivered during the past twelve
months for alterations, repair work or new construction on the above described
property, except: (if none state "none")
NONE
This affidavit is given to induce Title Consultants, Inc., Title Consultants of Collier,
Inc., Title Consultants of Hernando, Inc., ot:' Title~ConsultantsofManatee,-, Inc. to issue
its Title Insurance policy or -pOlicies. .
Given under my hand and seal the date above ~en.
L. /.~;'{~~A/
V 7J( (.A/L.L<-7--e,~./
~arie Bender
V 13th day 0 NOli. , 19 79 .
-
My Commission expires
ROlAND t, ANDERSON
Notary Public, Calhoun County, Michiga;.
My Commis~1ion Ex~jrc~: L'~d",,~I'~' -. 'J~~',j
-~1I6Mt
, 1442 U
,Clear \~
PllOne;. (813)
, This is a leRall.l' .
Ie.
112
516 I
~~ALTOlt
.....,ntract when properly completed and executed, If not fully understood. leek lel(al advice before signing,
I
CONTRACT FOR SALE AND PURCHASE
1... J. Bender and Karie Bender his wife,
of Frisbie Ay.nue - Battle Creek hereinafter called the seller, and
The City at Clearwater lUlrI1fe,
of Clearwater J Florida hereinafter called the buyer,
hereby agree that the seller shall sell and the bu)'er shall buy the following described property UPON THE TERMS AND CONDITIONS
HEREINAFTER SET FORTH, WHICH SHALL INCLUDE THE STANDARDS FOR REAL ESTATE TRANSACTIONS SET FORTH IN
THIS CONTRACT,
1. Legal Description of Real Estate, located in Pinellas County, Florida, (Attach description if
space is insu fficient, )
Let 6, and all .t Let 41, less West )0 teet there.t, Drew Park: SubdiTi8ien,
ac.erding te plat there.t; Plat Be.k 3, Page 40, Publie a.eerds ef Pinella.
Count,.. (2 Let., apprexiutely 50 x 100 and 50 x 70 )
Street Address: 410 ViDe Avenue - Clearwater. Flerida
PenonalPl'operty Included: Range, Rerrigerator ~ Air' Condi tiol'.ler Unit
2. Purchase Price and Method of Payment:
Purchase Price is -- Seye.teen Theusaad & .. 100 --------------------------------
$ N/.A deposit paid to He.. Lee.ters J lBe. - Te Be ArraAQ:edi
$ N7 A approximate principal balance on first mortgage to be ( ) Assumed; ( ) Obtained.
mortgage holder Interest
method of payment
Purchase money note and mortgage to seller, Interest rate
method of payment
DOLLARS
) Cash ( ) Check
% per annum;
$
N/A.
% per annum;
$
N/A
Other Payments (including second mortgage to be assumed, if any)
$ 17 ,000.00
$ 17,000.00
Cash, or cashier's check drawn on local fund, on closing and delivery of deed. (Or such greater or Lesser amount
as may be necessary to complete payment of purchase price after credits, adjustments, and prorations,
Total Purchase Price.
3. TIME FOR ACCEPTANCE: If this contract is not executed and delivered by seller and buyer on or before Oct. )1, 1979, the
aforesaid deposit shall be returned to buyer and this agreement shall be null and void. The date of contract, for purposes of performance,
shall be regarded as the date when the last one of the seller and buyer has sil/ned this contract.
4, CLOSING DATE: This contract shall be closed and the deed shall be delivered on or before (date) NeT.1S, 1979
; and seller agrees to deliver possession on or before (date) Te be arranged
This sale shall be closed in the office of The City AttarDey
Buyer
5, EVIDENCE OF TITLE:, Within N/ A. days from the date of this contract, th~r shall, at his expense, deliver to the buyer
or his agent in accordance with Standard A a complete abstract of title.
6. CONVEYANCE: Seller shall convey title to the aforesaid property to the buyer by Warranty
deed subject to matters contained in this contract and taxes for the year of closing,
7, EXPENSES: State surtax and documentary stamps which are required to be affixed to the instrument of conveyance, intangible
personal property taxes and the cost of recording the purchase money mortgage shall be paid by the seller. Documentary stamps to be
affixed to the note or notes secured by the purchase money mortgage and the cost of recording the deed shall be paid by the buyer.
Costs, if any. or preparation of closing documents and closing fee shall be borne equally by the seller and buyer.
S, RESTRICTIONS AND EASEMENTS: The buyer shall take title subject to: (a) Zoning and/or restrictions and ,prohibitions imposed
by governmental authority, (b) Restrictions appearing on the plat or imposed by the developer, (c) Other (such as leases - specify)_
Only Those of Public Record
9. SPECIAL CLAUSES: If ,Any, to b. arruged and Mutually agreed UPQR.
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ST ANDARDS FOR REAL EST A TE TRANSACTIONS
A. ABSTRACT OF TITLE: The complete abstract of title shall be prepared by a reputable abstract firm certifying to be an accurate
synopsis of the instruments affecting the title to that real property recorded in public records of that county to the date of this contract,
showing in the seller a marketable title in accordance with title standards adopted from time to time by the Florida Bar, subject only to
liens, encumbrances, exceptions or qualifications set forth in this contract and those which shall be di~;lrged by seller at or before
closing, The abstract shall contain all recorded plats involving the subject property. Buyer shall have 11, 'days from the date of
receiving said abstract to examine the same and if the title is found unmarketable, the buyer or his attorney shall within this period notify
the seller in writing specifying the defects and the seller shall have ninety days from the receipt of such notice to cure the defects so
s~ecified., If the buyer finds from said abstract that the seller's title is unmarketable because of matters not excepted in this contract and
gIves the seller a written statement of the defects, and the seller considers that any of the defects set forth by the buyer are without
merit, the seller may within seven days after receipt of the buyer's statement of defects, do one of the following; (1) Purchase, at seller's
expense, and deliver to the buyer or his agent a tItle guarantee commitment issued by a qualified title insuror, acceptable to the buyer
and licensed to do business in the State of Florida, on a form of commitment approved for use by the office of the Insurance
Commissioner of the State of Florida, ~eeing to issue to the buyer, at seller's expense, upon the recording of the deed referred to in
paragraph 6 herein, an owner guarantee m the amount of the purchase price insurmg the tItle of the buyer to that real property subject
only to liens, encumbrances, exceptions or qualifications set forth ,in this contract and those which shall be discharlfl!d by seller at or
before closing or (2) submit a copy of this contract, the buyer's statement of objectionable defects, and the abstract to the Title
Standards Committee of the Orange County Bar Association and request a decision on the merits of the defects specified by the buyer. A
written decision of the Title Standards Committee if rendered within seven days after submission to the Committee shall be binding on
the buyer and the seller. If the Title Standards Committee's decision is that the buyer's objections are well founded the seller shall cure
the defects within the time above allowed.
.:'-_"11
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Purchase Price
$ 1 7 . 000. 00
Costs:
Stamps on Deed (hJ; per hundred) i 68.uc
Surtax on Deed ($1.10 p'er thousand)NjA
Title Insurance (Buyer) N/A
Mortgage Pay-off 2043. ()6
Mortgage Assumption N/A
Recording Satisfaction of Mortgage 18.00
Mortgage Discount N/ A
Sales Commission to Broker 1190.00
Termite Inspection ~/A
Less: S 1~19.BA
GROSS TO SELLER
$ 13,680.14
Closing Costs (if Seller is paying)
Survey
Appraisal
Credit Report
Mortgage Title Insurance
Closing Fee
Recording Fees
Stamps on Note (15; per hundred
Intangible Tax on Mtg. (2 mills)
Loan Origination
Photos
N A
N A
N A
N A
N A
N A
N A
N A
N/A
N/A
LESS TOTAL CLOSING COSTS
- 0 -
NET TO SELLER AT CLOSING
$ 13,680.14
The above is an attempt to estimate the net proceeds to the seller at the time of elosing,
and this is prepared as a convenience to the seller. The Broker does not control the market
conditions that influence the above costs, and the seller must accept responsibility for a
variation. The above estimates are, however, reflective of costs that were in force at
the time the contract was prepared. The mortgage discount is subject to change from time
to time dependent on market conditions. The above stated discount is based on the present
day mortgage market. In addition seller agrees to comply at their expense with all require-
ments in Sales Contract, so stated, such as roof and termite inspections and other con-
tingencies set forth.
ACCEPTED BY: ~L?lI3-&fl//ffi/
OTHER ITEMS FOR POSSIBLE CONSIDERATION:
7rj ~~ ~ .1-
Y3 Jl~Jl/L
-
Interest in arrears
Pro-rata share of taxes
Escrow account
Pre-payment penalty
Ip..surance
Rents
nordE LOCAri'O;~:.J. !Ue:
1442 V,S, 19 South. StlitP l1Z'
Clearwater, Florida 33516
Phone: (813) 536-3547 - REALTOR....
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