ELMER AND MARION PETERSON
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RAMCO FORM 4
This Indtnlure, Made this
Between
.~
to / day of November . A. D, 1974
ELMERH. PETERSON and MARION E. PETERSON, his wife,
of the County of Pinellas and State of Florida
parties of the first part, and CITY OF CLEARWATER, FLORIDA, a municipal
whose mailing address is corporation,
RETU N TO: P. O. Box 4748, Clearwater,
of the County of Pinellas and State of Florida 33518
party of the second part. Uitnesseth, that the said parties of the first part, for and
in consideration of the sum of -----------Ten----------------- Dollars, and other good
and valuable considerations to them in hand paid, the receipt whereof is hereby acknowl-
ed~ed, have granted, bargained, sold a~ld conveyed, and by these presents do. gra'S~l!~'es so s
galll. sell, convey and confirm unto the Said party of the second part and Its I ~H.X
and assigns forever, all that certain parcel of land lying and being in the County of Pinellas
and State of Florida . more particularly described as follows:
Lot 7, Block "G", Plaza Park Addition, according to the map or plat
thereof, as recorded in Plat Book H5, page 53, of the Public Records
of Pinellas County, Florida, which Pinellas County was once a part of
Hillsborough County, Florida.
Subject to any and all assessments and taxes for 1974 and subsequent years.
Subject to any and all easements and restrictions, if any.
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pOCUMENTARk:=-~;_,~~TAMP TAX I
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RECOROEC GRIOA
,nllLUS CO. fL
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Together with all the t('flements, hereditaments and appurtenances, with every privi/;ge; riglit,-~
title, interest and estate, dower and right of dower, reversion, remainder and easemeiit ther:~(}
belonging or in anywise appertaining: To Jlalle and to )told the same in fee simple lo~ev-~~.
And the said parties of the first part do covenant with the said party of the
second part that they are lawfully seized of the said premises, that they are free from
all encumbrances and that they have good right and law-
ful authority to sell the same; and the said part ies of the first IJart do hereby fully warrant
the title to said land. and will defend the same against the lawful claims of all persons whomsoever.
In Uitness Uhereof, the said parties . of the first part have
hereunto set
hancfS
and sealS
the day and year above written.
S'l;:;;;:;::;;;:;':rupmence ·
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority, personally appeared
EL~ffiR H. PETERSON and MARION E. PETERSON, his wife
who, being duly sworn, depose and say:
1. That they are the owners of the following described property
located in
Clearwater
, Pinellas County, Florida, to~wit:
Lot 7, Block G, Plaza Park Subdivision as recorded
in Plat Book 5, page 53 of the Public Records of Hillsborough
County, Florida, of which Pinellas County was once a part.
2. That said property is now in their possession.
3. That there have been no liens filed and no labor performed or
materials furnished on said property for which there are unpaid bills
for labor or material for which valid liens could be filed.
4. That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER to purchase said property.
5. That there is no outstanding unrecorded contract of sale, deed,
conveyance, mortgage affecting the title to said property; that no notice
has been received of any public hearing regarding assessments for
improvements by any governmental agency and there are no unpaid
assessments due to any governmental agency for improvements or otherwise
including specifically but not in way of limitation, sanitary sewer
notice and or assessment.
~%L~
ELMER H. PETERSON
L.S.
}/Ja~ C tfS~
MARION E. PETERSON
L.S.
-Address
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SWORN TO and subscribed before me this
/,~ 1
fa day of ~ _
---'-~_~n -II 'at ~
.~NCif~c .
1974
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-
My:: ~o.runission Expires
Notary Pub!icr S~'::l~'? o~ rk.r:da of large
My COlnmi~~ion Expires Aug. 1, 1978
Bonded by American fire & Cc:suolty ~.R':
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CLOSING STATEMENT
Clearwater, Florida
November 6, 1974
Seller: Elmer H. Peterson and Marion E. Peterson, his wife
Purchaser: City of Clearwater, Florida
~roperty Description: Lot 7, Block G, Plaza Park Subdivision
Credits to Seller:
Sales Price
$3, 000.. 00
Credits to Purchaser:
Earnest money deposit.
Document.. ry Stamps on
Deed:
State $9.00
Sur-tax 3. 30
Real Estate Taxes - Pro-
ration to date
Cash to chse
$ 500.00
12. 30
34.05
2,453.65
$3,000.00
$3,000.00
Costs to Purchaser:
Chelsea, Title - Title Insurance
$35.00
Recording Deed
6.00
gl
HOME OFFICE, ATLANTIC CITY, N. J.
INTERIM TITLE INSURANCE BINDER
REPLACES BINDER NO. 216397B
GuarantJI Company
. File #25,936
NO.222881B
C'helsea
Title and
TO:
CITY OF CLEARWATER
DATE
October 23, 1974
At 5:00 P. M.
ELMER H. PETERSON and MARION E. PETERSON t his wife
SCHEDULE "A"
Legal description of the real estate referred to in this Binder:
LOT 7, BLOCK G, PLAZA PARK ADDITION, according to the map or plat thereof
as recorded in Plat Book HS, Page 53, of the Public Records of Pinellas
County, Florida.
SCHEDULE "8"
complied with before Policy of Title Insurance will be issued without exception
Proper disbursement of consideration for the estate or interest
to be insured.
Item E. Proper documents creating or affecting, the estate or interest to be insured which must be
executed and duly filed for record, to-wit:
Requirements to be
thereto: Item 1:
(a) Warranty Deed describing property as in Schedule IIAIl herein to be
executed by Elmer H. Peterson and Marion E. Peterson, his wife in
favor of City of Clearwater.
\,
SCHEDULE "C"
Exceptions to be recited in Title Insurance Policy when issued:
1. Rights ot" claims of parties other than the Insured in actual possession of any or aU of the propeny.
2. Any variation in locarion of lines or dimensions. deficiency in quantity of ~round. or any state of Cact which an acceptable survey would disclose.
or which are visible or are known to the insured.
3. Rights of way and easements over. across. above or below the swface of the land DOt disclosed of record or arising by necessity or implication.
4. Possible Dafiled mechanics' and materialmeo's liens.
5. All assessments and taxes for the year 19.........Z.':I:......and all subsequent years.
6. Liability for mUnicipal improvements made or autborized but not assessed.
7. ~~X9f9t9tgeK~~~~~~X'X~~,a~b~~~:>a~~X
8. Title to furniture, furnishings, fixtures and equipment, whether attached or
unattached to the real estate, is neither guaranteed nor insured under the
terms of this binder. Title to mobile homes or modular homes is neither
guaranteed nor insured under the terms of this binder.
FORM 70
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OPTION
THIS AGREEMENT, made this ;<;&~ay of -~,
, A. D. 1974,
by and between ELMER H. PETERSON and MARION E.
PETERSON,
his wife, hereinafter referred to as "Seller'!, and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "Purchaser'!;
WITNESSETH:
WHEREAS, Seller is the owner of certain real property situated in
Pinellas County, Florida, described as follows:
Lot 7, Block G, Plaza Park Subdivision as recorded in
Plat Book 45, page 53 of the Public Records of Hillsborough
County, Florida, of which Pinellas County was once a part;
and
WHEREAS, the Purchaser desires an option to purchase said real
property;
NOW, THEREFORE, Seller, for and in consideration of the sum of
Five Hundred Dollars ($500.00) duly paid by the Purchaser, receipt of which
is hereby acknowledged by Seller, does hereby grant to the Purchaser, its
successors' and assigns, at the Purchaser's option, for and during the period
of six (6) months from date hereof, the right andprivilege to purchase the
above described parcel of real estate for the price of Three Thousand Dollars
($3,000.00), good and lawful money of the United States of America, payable
as follows:
Balance of $2,500.00 cash on closing; $500. 00 payment with
this Option to be applied on purchase price when option is
exercised.
The exercise of this option by the Purchaser to purchase the afore-
mentioned property shall be by written IX) tice to the Seller, said notice shall be
sent to said Seller at 1171 Drew Street, Clearwater, Florida, on or before
the expiration date of this option agreement. In case said notice is given by
mailing, the time of deposit of the same in a prepaid sealed envelope in a
depository for the receipt of the United States mail shall not only constitute
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sufficient notice to the Seller of such action, but the time of such notice of
acceptance shall be, in such case, the time of delivery of the same in a
United States Post Office.
In the event the Purchaser exercises this option, it shall purchase
at its expense, within ten ( 10) days of such notice, a title insurance
commitment, showing good and clear merchantable title of record to said
property in the Seller, free and clear of liens, encumbrances, rights, title
or interests in others. In the event said commitment shows defects, liens,
encumbrances, rights, title or interests not hereinbefore noted, the Seller
shall use diligent effort to perfect the title, and the Seller shall have a
reasonable time therefor, not to exceed thirty (30) days.
Within thirty (30) days after delivery of such title insurance commitment,
the closing shall be consummated. Conveyance shall be made by Seller by
a good and sufficient Warranty Deed. Seller shall affix the proper documentary
stamps on the Deed and Purchaser shall record the same. Real estate taxes
for the year 1974 shall be prorated at the time of closing. Provided, however,
should a defect in the title be found, then closing shall take place ten (10)
days after the defect has been corrected. The closing shall take place in the
office of the City Attorney, City Hall, 112 S. Osceola Avenue, Clearwater,
Florida. If Seller does not perfect title or otherwise fails to perform their
obligation thereunder, they shall promptly refund to Purchaser the $500.00
paid for this option.
It is agreed and understood that if the said Purchaser, or its successors
and assigns, shall fail to exercise this option within the time above mentioned,
said Purchaser, its successors and assigns, shall forfeit the said sum of
$500. 00 paid to Seller for this option as hereinbefore acknowledged, and all
obligations of both parties shall be fully discharged.
The terms and provisions of this option have been negotiated through
the office of Allison Stacey & Associates, registered real estate broker.
Seller covenants and agrees that if this option is exercised and the transaction
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closed that the Seller shall be solely responsible for and pay any real estate
commission which may be due said Allison Stacey & Associates in connection
with this transaction.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the date first above written.
~
As t~C:ll:~--8., ,,"< .~
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Elmer H. Peterson
(SEAL)
~al~;,n &/Jr~,
MAe/QN c') Peterson
(SEAL)
SELLER
By
CLEARW AT$, FLORIDA
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Approved as !o form correctness:
'-/44/Jl/~
City Attorney
Witnes ses:
~R~
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PURCHASER
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3773 _ /~-:/h Ave, $c
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mngrt~rr with all the tenements, hereditaments and appurtenances, with
every privilete, ritht, title, interest and estate, reversion, remainder and easement
thereto belontint or in anywise appertainint:
wn )lant aUll to )to III the same in fee simple forever.
And the said party of the ftrst part doth covenant with the said par"bj of
the second part that it is lawfully seized of the said premises,' that they are free
of all incumbrances, and that it has tood ritht and lawful authority to sell the
same; and the said party of the ftrst part does hereby fully warrant the title to said
land,~and~will delend_~e.ala.ins~-lawf:uJ. claims .(>J-':#11..f1fR'.f!J~Jt_Ut;,vt:)r.~: .
,.,'.' . .~ 7' 'llIlt. . 'llIltk f . Senior Vice
,... .~~~~~~.'i~>,. ..1Ju :Altturss :AI.~rrro . th~ said.po:rty of the /frst pa~t has
~~;(,.':), ";~~;~.."'.~ \~. caused these presents to be s~tned ~n ~ts name by ~ttl President,
~";'Yf.' '''~'f~'~~~' and its corporate seal to be a~ed, attested by its
....,.. '.~ c' I!~~rate AssistantSecretary, the day and year above written.
: Seal
..; FLORIDA POWER CORPORATION
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1123 .px,OlllDA 'Warranty Deed (From a Corp.) I~, () 12, '-l ,4 .' ~ TUTTLE LA.. W F..RIN.T .......F. U.BLISH. .E.... RS'.RUT~., , DtI... ~ .05701
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Made this
day 01
29th
December
, .!/.. D. 1970
ittUttttt, FLORIDA POWER CORPORATION
a corporation en.stint under the laws of the State of FLORIDA
havint its principal place of business in the County of PINELLAS
State 01 FLORIDA party of the ftrst part, and
CITY OF CLEARWATER, a Municipal corporation, whose mailing address is
Post Office Box 4748, Clearwater, Florida, 33518
,
and
Parcel No. 2
Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block G, PLAZA PARK ADDITION, according
to plat thereof recorded in Plat Book 5, Page 53, Public Records of Hillsborough
County, Florida of which Pinellas County was formerly a part, together with all
buildings, structures and improvements located thereon.
Subject to easements and restrictions of record.
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CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE
/4-tf day of Oc;fobef', 1970
between FLORIDA P~vER CORPORATION, a Florida corporation, with its principal
place of business at 101 Fifth Street South in the City of St. Petersburg,
County of Pinellas, and State of Florida, (herein called the SELLER) and the
CITY OF CLEARWATER, a municipal corporation, with its principal place of business
in the City of Clearwater, County of Pinellas, and State of Florida, (herein
called the PURCHASER).
THIS AGREEMENT Made this
WITNESSETH:
That the SELLER, for and in consideration of the sum of ($2,000.00)
TWO THOUSAND AND NO/100 DOLLARS, and as part payment to SELLER in hand paid has
contracted and agreed to sell to the PURCHASER the following-described real
estate situated in the County. of Pinel las, State of Florida, to wit:
PARCEL I
Lots 1, 2, and 45, DREW PARK SUBDIVISION, according to a
plat thereof recorded in Plat Book 3, Page 40, of the Public
Records of Pinellas County, Florida.
PARCEL II
Lots 15, 16, 17, 18, 19, and 20 of Block G, PLAZA PARK
SUBDIVISION, now in and forming a part of the City of
Clearwater, Florida, according to a map or plat thereof
on file in the office of the Clerk of the Circuit Court
of Hillsborough County, Florida, of which county
Pinellas was formerly a part, in Plat Book 5, Page 37,
and Lots 13 and 14, Block G, PLAZA PARK ADDITION,
according to corrected plat thereof, recorded in Plat
Book 5, Page 53, Public Records of Hillsborough County,
Florida; except Seaboard Airline Railroad right-of-way
through the northerly portion thereof.
The Parties hereto agree to sell and to purchase the above-described
property subject to and upon the following terms and conditions:
1. That the total purchase price 'shall be ($67,500.00)
SIXTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS,
and payment is to be made as follows:
CASH, as acknowledged above $ 2,000.00
BALANCE, at closing $65,500.00
2. SELLER shall l101d- said_earcne~Lt moneyoru deposit introust-until
closing of transaction.
3. PURCHASER shall obtain Commitment for Title Insurance, showing
good and merchantable title in SELLER ~nd it is agreed that
this transaction shall be closed and the PURCHASER shall pay
the balance between December 1 and December 31, 1970.
Should the title prove defective, then the SELLER shall have
60 days, after due notice of such defect or defects, to
remedy the title in a manner satisfactory to PURCHASER'S
attorney~ If such defect or defects are not corrected so
that there is merchantable title, then the PURCHASER shall
withdraw- said deposit and the Parties hereto are thereupon
relieved from all obligations hereunder.
4. ' It is understood and agreed that the gross consideration
stated above shall be net to SELLER.
.......... ~:'"
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5. The property shall be conveyed by Warranty Deed and shall
be free and clear of all encumbrances except SELLER'S
Indenture of Mortgage and the supplements thereto. SELLER
shall, within 90 days after closing, obtain a release from
said mortgage and supplements thereto, causing same to be
recorded among the Public Records of Pinellas County.
That possession will be given as of the date of closing and
a proration made as of the date of closing on the following
items: NONE.
6. Failure of the PURCHASER to make either of the payments, or
any part thereof, or to' perform any of the covenants on its
part, made or entered into, shall terminate this contract
and the PURCHASER shall forfeit said earnest money and the
same shall be retained by the SELLER as agreed damages.
7. Time is an essential part of this contract and ,all covenants
and agreements herein contained shall extend to and be
obligatory upon the heirs, executors, administrators,
trustees, successors and assigns of the respective parties.
8. All of the terms and conditions stated herein shall be
construed under the laws of the State of Florida.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands
and seals the day and year above written.
Signed, sealed and delivered
in the presence of:
/:ft:::::~
By
SELLER
STATE OF FLORIDA )
) ss.
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this /S I d!!)l of Oc,/ObeV ,A. D.
1970, before me personally appeared E. V L:dward.s . of FLORIDA
POWER CORPORATION, a corporation of the State of Florida, to me known to be the
person described in and who executed the foregoing instrument and he acknowledged
before me that he executed the same.
WITNESS my signature and official nty and State, the
day and year last aforesaid.
~~,
Notary Public
~ i, I, ,- _
- '-
.,'
- - (NOTAR :r.Al.-cS EAL )
My'commi~aion expires:
- '", -.NotQl"!-.p~b1~ State ot Florida at Large.
., v. :- . < - . Expires December 26, 1970
.M.y...~~,\.)ilSlon
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Signed, sealed and delivered
in the presence of:
~ ~AA-<'---,,/h.J .;;/3..,.,///
/(~C-_/~
COUNTY,
#' .
Att::~~
':# . City Clerk
Approve and correctness:
#c-'"'-_"'-_----
City Attorney
PURCHASER
STATE OF FLORIDA )
) ss.
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 14th day of October' , , A. D.
1970, before me personally appeared :tY1errett R. Stierheim, H. Everett Hougen,
R. G. Whitehead , and Herbert M. Brown ,
respectively City Manager, Mayor-Commiss ioner, and City Clerk /a-PctJ:\.e11(Yl'i\tt@p"ney
CLEARWATER, PINELLAS COUNTY, FLORIDA, a municipal corporation of the State of
Florida, to me known to be the persons described in and who executed the foregoing
instrument and severally acknowledged the execution thereof to be their free act
and deed as such officers, for the uses and purposes therein mentioned; and that
they affixed thereto the official seal of said corporation, and the said instrument
is the act and deed of said corporation.
WITNESS my signature and official seal in said County and Sta.te,the
day and year last aforesaid.
~a.f~
, Not ry Public
/ ~fir~ ~ SEAL)
:- :fly .~oriimi~ ~on expires:
- -:./-"
-, "-~-b\ic StClte of Flor'!daat Large.
NQtary umis~ion Expires Aug. 1, 1974
B~~d~~~Y l;ansamenca In:>urance ,Co.
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CLOSING'STATEMENT
Clearwater, Florida
December 29, 1970
Seller: Florida Power Corporation
Purchaser: City of Clearwater, Florida
Property Description: Lots 1, 2 & 45, Drew Park & Lots 13 thru 20,
Block G, Plaza Park Addition
Credits to Seller:
Sales Price
$67,500.00
Credits to Purchaser:
.
Earnest meney deposit
Cas h on clos ing
$ 2~000.00
65,500.00
$67,500.00
$67,500.00
Note: There is no proration of taxes and all closing costs are to be
paid by Purchaser.
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AFFIDA vir
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STATE OF FLORIDA
COUNTY OF PINELLAS
}
ss,
Before me a duly commissioned Notary Public within and for the State and County aforesaid, personally
a p pea red -- --, ~ .IU CHA@__ EAmMXMQJ:':JJ!.L _~ ~gJg_:r:.__ Y.!f_E?___~!: ~_~ .i_c1~pJ; m_____________ __________ ____________ h_ _ __ __Om _ who,
after being duly sworn as required by law, deposes and says:
FI,ORIDA pm~ER CORPORATION
Thafm is the owner of the following described lot, parcel or tract of land, situate, lying and being in
the County of Pinellas and State of Florida, more particularly described as follows, to-wit:
Lots 1,2 and 45, DREI--l PARK, according tG plat thereof reco~'ded in
Plat Book 3, page 40, nublic records of Pine11as County, Florida
And
Lots 13,14,15,16,17, Ie, 19 and 20, Block "G:, PLAZA PARK
ADDITION, according to nlat thereof recorded in Plat Book 5, page
53, public records of Hillsborough County, Florid~ of vJhich Pinellas
County was formerly a part.
That there is no outstanding unrecorded contract for sale of the above described premises to
any person or persons whomsoever nor any unrecorded deed or other conveyances affecting the title
to the above mentioned and described property.
(Strike out one of the next two paragraphs which does not apply.)
Tbmx~!ltxbt~:lbee1oxxm~xirnJ!!~~W(k~~~~xe~1ffl:~~(~~~~
~~~~x~mmttgx)O(x~Rx~xmx.wXmml~ielW::tXll'.U!ie;:~~~XXl{~i{iYtiIDX~X~Xr.t>>X
tlxttxedkxxbbctN~mxoc~:p:akkxcm:mxWl:lx~>.:\mtx~~~~}8w<~~~ax~H~x~Yn~~
ExxniXWXiIcx!R~Rl!txtoxiliexl'iY~~~~~)(5f.)lm~~~~){~~~x~xpf:ennse5X~"T~ef{
~~~~~~1ilf~~nRXJXXR~ltiRima:rxxIlIlldatxxXJ'it!tclNJlmm~~~~l!SkMX0fj1t~X~~
mt~~ ~RR~~xkkRmm~tt~'t~R~:ml!Mmcilmmlllk
That there have been no improvements erected upon said above mentioned and described premises
,within the past three months or any repairs made tq the then existing improvements for which a lien
"-might be perfected by recordation by any laborer or. materialman for labor performed or materials
furnished in and about the erection of the improvements or the repairs made thereon, and no "Notice of
Commencement" has been filed of record. .
I make this affidavit for the express purpose of inducing the lawyers Title Insurance Corporation
of Richmond, Virginia, to issue title insurance on the above described premises in the sum of
__u_S lXIT__u$_EyE.N__J')-IQ'lJ_$AN n_ EIY~_JWN.R:B_~P__. ::-_=- _-: -:. :-::_-_:-_ -:_-:_-:-:_-:_=-_ -:_-:_:-_:_~_~ _"':. :-_":"_:-:::-:.--_ - Dollars,
and I make this affidavit under the full apprehension of the law, in those cases made and provided with
reference to my liability for any misrepresentation hereunder, and i make this affidavit with the intent
that full faith and credit is to be given to the contents thereof, by the Lawyers Title Insurance Corporation
of Richmond, Virginia, its agents or its attorneys.
Further affiant saith not:
-FLllRIDA._l'ilREIL=fQ#______/__________
By ~-~~~rnV[ce-p;:e-sident
Subscribed and sworn to before me this day, the______,o.?J_~~m ."_,_ of --"-------Q~~~~?"~_;:u________o______, 19XQ__
M'J' cOrnmjssio,):~pires:
. '~~~
-...-...----. _m___ ---------- -...N;t~~y".p~bii~-n .-----..' __~n--o------.--.-
'. Notary 'Public..- -Shit~:-of Florida at large
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~wyers lltle Insurance (9rporation
A Stock Company
Home Office ~ Richmond .Virginia
POLICY OF TITLE INSURANCE
SCHEDULE A
$ 67,500.00 NAME OF INSURED Deoember 11. 1970
CITY OF CLEARWATER, a Munioipal corporation
AMOUNT
DATE OF POLICY
1. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple.
2. The estate or interest referred to herein is at Date of Policy vested in:
The Insured.
3. The land referred to in this Policy is described as follows:
Lots 1, 2 and 45, DREW PARK, according to plat
thereof recorded in Plat Book 3, page 40,
public records of Pinellas County, Florida;
AND
Lots 13,14,15,16,17,18,19 and 20,
Block "GlI, PLAZA PARK- ADDITION, aocording to
plat thereof reoorded in Plat Book 5, page 53,
public records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
Issued at: St. Petersburg, FloridA.
File 27505B
Page 1-Sched. A-Policy No.
S 373942
Polky 84 Litho in U.S.A.
th~'NAL
American land Title Association Owner's Policy-Form :A'-1970-.Copyright 1969
-
Policy 84-Litho in U.S.A.
American land Title Association Owner's Policy-Form A- '970-Copyright 1969
.h!.,wyers lltle Insurance Cprporation
A Stockc:6mpa ny
Horne, Office~' Richnlohd,Vi rginia
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION,
a Virginia corporation, herein called the Company, insures, as of 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 des(:r,ib?d;n Schedule A being vested qtherwise th.\J1l as stated therein;
---Z~ Anydefe-cHrr-oriien-on:inc~mbra~ceon such title; or '" " ,
3. Lack of a right of access to andfrom the land.
IN WITNESS WHEREOF the Company has caused'this Policy to be signed and sealed, to bevalid when Schedule
A is countersigned by an authorized officer or agent of the Comp':!ny, all in ~~(:ordance with its By-Laws.
k~e !;~ran~lion
. ) , 'J President
Attest:
/~'",/Y~~
. .. ~ S.".ta,y.
/",",
"
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating
the character, dimensions or location of any improvement now or hereafler ereded on the land, or pro-
hibiting asep'c::nat!or. ill ownership or (1 rpduction in the dimensions or o'eo of the land, or the effect of
ony violation of eny such law; or'dinOil::C' ~;OY<:-rIH:lental r(~gulntion.
2. Righisof eminent domain or govemmentalnrights of-police power unless notice of the exerdse of such
rights appears in the public records at Dale of Policy.
3. Defectsl liens,erXlfrnbrlJnces, adverse claims, or other matters (0) crent8d, suffel ed, assumed or agreed to
by the insured claimant; (b) not known k' Ihe Company and not shown by the public records but known to
the insured claimant either at Date of Policy or at the date such c1ainlant acquired an estatl~ or interest
insured by this policy and nOldjsclQsedin,writing, bytheinsurE;d c1atrpant Ie.> the Company prior to the
date such insured claimant becdmecHl insured hereunder; (c) resulting in no loss or damage to the insured
c1aill'lant; {d} attaching or created subsequent to Date of Policy; or (e) resultihgAh t0ss_pr 'datnag~ which
would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. The refusal orany person to purchase, lease or lend money on the estate or interest covered herebyin the
land described in Schedule A. ' ' ,
EXCLUSIONS FROM COVERAGE
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~wyers 'Utle Insurance C9rporation
A Stock Company
Home Office ~ Richmond .Virginia
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
JtX:xXlibJe:XdiJWeX:;:xlXtJOtB~:JaMIA~b:amamntx~~K~:XIlIltJalt:.laKIlt~:I:~X~:1e:~Jx
:x::t~:x~:;cDfXX_~Jl[9BC:IlI~:trl'dl:ixOtlltIJadXXJ[!JD.XDX
1. Taxes for the year 1971 and subsequent thereto.
2. The rights of parties in possession.
3. Enoroachments, overlaps, overhangs, violated restriotive oovenants,
defioiency in quantity of ground or other matters not of record
which would be disclosed by an acourate survey and inspection of
the premises.
Page 1 of Sched. B-Policy No. 5 3 7 3 9 4 2
ORIGINAL
Policy 84 litho in U.S.A.
American land Title Association Owner's Policy-Form :A~ 1970-Copyright 1969
Policy 84.litho in U.S.A.
American Land Title Association Owner's Policy-Form A-1970-Copyright 1969
kwyers litIe Insurance C9rporation
A Stock Company
Home Office ~ Richmond .Virginia
CONDITIONS AND SllPULA liONS
I. Definition of Terms
The following terms when used in this policy meon:
(a) tlinsured": the insured named in Schedule A, and, subject to any rights or
defenses the Compony may have had agoinst the named insured, those who
succeea-to-theintereSl 6fsuch,nsureaby 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.
(e) "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 improvements affixed thereto which by low constitute real property: pro-
vided, 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, aUeys,
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 Doteof 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 purchClSe money mortgage given by a
purchaser from such insured, or so long as such insured shall have liability by
reason of convenants 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 purchas'er from such insured of either said estate
or interest or th-e indebtedn~s 'secured by a purchase moriey mortgage given
to such insured.
3. Def.ellse and Prosec,ution of Actions-Notice of Claim to be given by'
an Insured'Claimant
(01 The Company, at its own cost and without undue delay, shall provide far
the defet'lse of an insured in"all litigation consisting ,p'f-qctions cr-_proceedings,
commenced 'ag'ainst 'such insured to the extent that such litigation isfounde-d upon
an alleged defect, lien, encumbrance, or other matter insured against by
this policy.
(b) The insured shall notify the Company promptly in writing Iii in cose any
action or proceeding is begun as set forth in (al above, (ij) in case knowledge
shall come to an insured hereunder of any claim of title ,or interest VolliichiS adver.se
to the title to the e~tate or.interest as insured, and which might cause Joss 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 terminate 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 rights 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.
(e) 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 oct which in
its opinion may be necessary ar desirable to establish the title to the estate or
interest as insured, and the Company may take any appropriate action under
the terms of this palicy, whether or not it shall be liable thereunder, and shall
net thereby concede liability or waive any prevision .of this policy.
(d) Whenever the Company shall have brought any action or interposed a
defense as required or permitted by the provisians of this policy, the Company
may pursue any such litigation 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 therein, and permit the Company to use,
at its option, the name of such insured for such purpose. Whenever requested by
the Company, such insured shall give the Company all reasonable aid in any
such ,odion or proceeding, in effecting settlement, securing evidence, obtaining
witne'sses, or prosecuting or defending such action or proceeding, and the
Company.hall 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 Stip~lotions, 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 Com-
panywithin 90 days after such loss or damage shall have been determined and
no right of action shall accrue to on insured claimant until 30 days after such
statement shall have been furnished. Failure to furnish such statement of loss or
damage shall terminate any liability of the Company under this policy os to such
loss or damage.
S. Options to Payor Otherwise Settle Claims
The, Cempany shall have the option to payor .otherwi,e settle for or in the
name of an insured claimant any claim insured against or to terminate all liability
and obligations of the Compeny hereunder by paying or tendering payment of
tbe amount of insurance under this policy together with any costs, attorneys' fees
and expenses incurred up io the time of such payment or tender of payment, by
the insured claimant and authorized by the Company.
,6., Determination and Payment of Loss
(a) The liability oftheComl'ony underthis policy shall in no case exceed the
least of:
(i) the actual loss of tl,e insured claimant; or
(ii) the amount of insurance stated in Schedule A; or
(ii;) the actual value of the estate or interest of the insured claimant in the
lond described in Schedule A at the time the loss or damage insured
'against. hereunder Occurs undiminished by,the defect, lien, encumbrance,
or other matter insured again;t by this policy. '
(b) The Company will pay, in addition to any Joss 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.
Continued on cover sheet
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CONDITIONS AND STIPULATIONS-CONTINUED
7. Limitation of liability
No c10im sholl arise or be mointainable unde' +~" 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 en-
cumbrance 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 insured 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, ottorneys' fees
and expenses, shall reduce the amount of the insurance 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, de-
struction 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 0 lien
on the estate or interest covered by this policy, ar (b) a mortgage hereafter
executed by an insured which is a charge or lien on the estate or interest described
or referred to inSchedule A, and the amount so paid shall be deemed a poyment
under this policy. The Compony shall have the option to apply to the payment of
any such mortgages any amount thot otherwise would be poyable 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.
10. Apportionment
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of said
parcels but not all, the loss shall be computed and settled on a pro rata basis
as if the amount of insurance under this policy was divided pro rata as to the
value on Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been ogreed upon as to each such parcel by the Company and the
insured at the time of the issuance of this policy and shown by an express
statement herein or by an endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever the Compony shall have settled 0 claim under this policy, 011 right
of subrogotion shall vest in the Compony unaffected by ony oct of the insured
claimant. The Company shall be subrogated to and be entitled to all rights and
remedies which such insured claimant would have had against any person or
property in respect to such claim had this policy not been issued, and if requested
by the Compony, such insured claimant shall transfer to the Company all rights
and remedies against any person or property necessory in order to perfect
such right of subrogation and shall permit the Company to use the name of such
insured 'claimant in any transaction o.r litigation involving such rights or remedies.
If the payment does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any act of
such insured claimant, such act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses insured against here-
under which shall exceed the amount, if any, lost to the Company by reason of
the impairment of the right of subrogation.
12. liability limited to this Policy
This instrument together with all endorsements and other instruments, if any,
attached hereto by the Company is the entire policy and contract between the
insured and the Company.
Any claim of loss or damage, whether or not based on negligence, and which
arises out of the stotus of the title to the estate or interest covered hereby or
any action asserting such claim, shall be restricted to the provisions and condi-
tions and stipulations of this policy.
No amendment of or endorsement to this policy can be made except by
writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretory, or validating officer or
authorized signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall be addressed to its Home Office,
3800 Cutshaw Avenue; Richmond, Virginia 23230.
kwyers l1tle Insurance C9rporation
A Stock Company
Home Office ~ Richmond .Virginia
Policy 84--litho in U.S.A.
American land Title Association Owner's Policy-Form A~1970-Copyright 1969
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lQ.,wyers Title
Insurance CGrporation
A Stock Company
Home Office
Richmond. Vir8inia