GREENWOOD APARTMENTS LLC
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RETURN TO: . tl
Earl Barrett ". rAGES ~. .
ACCT. I~_
Engineering Dept. CHG MAT _ _ .
City of Clearwater CK AMT
p, 0, Box 4748 1!liS::L.
Clearwater, FI. 33758-4748 ~~R219 ~
Parcell. D. #10-29-15-00000-240-0200INT a _
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SPECIAL WARRANTY DEED
02-087121 MAR- 6-2002 4:39PM
, P INELLAS CO 8K 11874 PG 935
111111111~IIIIlIIIIUIJlllmllllIIW-' IIIL_____
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THIS SPECIAL WARRANTY DEED made this .3ls} day of December, 2001 by
GREENWOOD APARTMENTS, LLC, a Florida limited liability company, whose mailing
address is 400 N. Ashley Dr., Tampa, FI. 33602, hereinafter called the "Grantor", to the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing
address is 112 South Osceola Avenue, Clearwater, Florida 33756, hereinafter called the
"Grantee".
(Whenever used herein the term "Grantor" and "Grantee" include all of the parties to this agreement and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH
That said Grantor, for and in consideration of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the Grantee, for right-of-
way purposes, that certain parcel of real property situate in Pinellas County, Florida,
vis:
A portion of the Northwest Y4 of Section 10, Township 29 South,
Range 15 East, Pinellas County, Florida, as more particularly
described and depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof
To have and to hold in fee simple forever, together with all the tenements,
hereditaments and appurtenances thereto belong or in anywise appertaining;
And the said Grantor does hereby covenant with Grantee that the Grantor is
lawfully seized of said land in fee simple; that the Grantor has good right and lawful
authority to sell and convey said land; and that, subject to the matters set forth on
Exhibit "B" attached hereto, Grantor hereby warrants the title to said land and will
defend the same against the lawful claims of all persons claiming by, through or
under the Grantor, but none others.
Page 1 of 2
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SPECIAL WARRANTY DEED
Grantor: Greenwood Apartments, LLC
Grantee: City of Clearwater, Florida
RE: SW corner - Greenwood Apts.
PINELLRS COUNTY FLR.
OFF .REC.8K 11874 PG 938
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers
thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
in the prese of (t 0 witnesses):
It-
GREENWOOD APARTMENTS, LLC,
a Florida limited liability company
By: Banc of America Community
Development Corporation, a
North Carolina Corporation,
as Managing Member
BY:~~-~
Roxanne M. Amoroso,
Vice President
Vdrr7/ A/;ieJ
Print Witness Name
(corporate seal)
STATE OF FLORIDA )
) 55
COUNTY OF HILLSBOROUGH )
BEFORE ME, the undersigned authority, personally appeared Roxanne M.
Amoroso, as Vice President of Banc of America Community Development Corporation, the
Managing Member of GREENWOOD APARTMENTS, LLC, a Florida limited liability
company, who executed the foregoing instrument and acknowledged before me that she
is duly authorized and did execute the same on behalf of said corporation and said limited
liability company, as her free act and deed for the uses and purposes herein set forth, and
who is personally known to me or who did provide
as identification.
51-
WITNESS my hand and official seal this 3/ day of December, 2001.
e JODEL DCAK
S MY COMMISSION # DO 068968
. EXPIRES: November 2, 2005
l-llQ().&NOTARY FL Nol8lY Service & Bonding. Inc.
N ary Public - State of Florida
PrinVtype name--10 DeiJ )JOn ~
1:\W-RE\11478\017\b of a grnwood warr deed 1201.wpd 12/18101
Page 2 of 2
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EXHIBIT "A"
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PINELLRS COUNTY FLR.
OFF ,REC.8K 1187~~~ 937
l~Qal Desc::riDtion
A PORTION OF THE NORTHWEST % OF
SE<t:TION 10, TOWNSHIP 29 SOUTH, RANGE
15 EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
FO~LOWS:
FROM THE SOUTHWEST CORNER OF THE
SOljJTHEAST 1/4 OF THE NORTHWEST 1f4 OF
SAlp SECTION 10, TOWNSHIP 29 SOUTH,
RAMGE 15 EAST, RUN NORTH 30.0 FEET;
THENCE EAST 30.0 FEET FOR A POINT OF
BEGINNING; THENCE 5 89023'45.35" EAST,
60.0000 FEET; THENCE N 50000'00,00"
WEST, 30.0000 FEET; THENCE N
15000'00,00" WEST, 100.0000 FEET;
. THENCE N 05000'00.00" WEST, 115.1269
FEET; THENCE S 00015'36,94" WEST,
230~5325 FEET. TO THE POINT OF
BEG[NNING.
CONTAINING 0.0878 ACRES, MORE OR LESS
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PINELLRS COUNTY FLR
OFF.REC.8K 11874 PG 838
EXHIBIT "B"
Exceptions to Warranty of Title
1. Rights or claims of parties in possession under unrecorded leases, as tenants
only.
2. Taxes and assessments for the year 2002 and subsequent years,
3. Easement granted to City of Clearwater recorded in Official Records Book 294,
page 222, of the Public Records of Pinellas County, Florida, (as to Parcel 1 )
4. Matters which would be disclosed by a current survey of the property, if any.
1:\W-RE\11478\017\b ofa exhibit-b 1201.wpd
12118/01
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This Instrument Was Prepared By,
Record and Return To: EARL BARRRlT
EN;:INEER]N; DEPT # PAGES
Lawrence J. Bailin, , E~ OF CLEARWATER* ACCl #
:sq. coo AMl
STEARNS WEAVER MILLER WEISSLER CK APlT
ALHADEFF & SITTERS ON, P.A, REC
401 E. Jackson Street *P.O. oox 4748 ~ DR2t9
Suite 2200 CLEARWATER, FL.INT
Tampa, Florida 33602 33758-4748 ~Ws
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02-087122 MRR- 6-2002 4:39PM
PINELLRS CO 8K 11874 PG 939
111~IIJI~I~IIIIUlmlllll~IL~IUlllIIL_--
(RESERVED)
PARTIAL RELEASE OF COLLATERAL
THIS IS A PARTIAL RELEASE OF COLLATERAL (the "Release"), made and entered into this _
day of December, 2001, by BANK OF AMERICA, N.A., a national banking~sso<(iation (':Holder"), whose
. . =ao w'/"t oPO>C!/O ".} J..1l \Il olm,lll fat: 0 ,
address IS 400 North Ashley Dnve, 71h Floor, Reflrn~d:fttthtflflflgll'..~~ee8tm1s, ampa, 1lonaa ~3602 In favor
of GREENWOOD APARTMENTS, LLC, a Florida limited liability company ("Debtor"),
RECITALS
A. Debtor is indebted to Holder by, among other instruments, that certain Promissory Note dated
November 28,2001 in the original principal amount of $4,400,000,00 (the "Note").
B. The Note is secured by, among other instruments, that certain Mortgage, Assignment of Rents
and Security Agreement (the "Mortgage") executed and delivered by Debtor in favor of Holder, dated
November 28,2001, and recorded in the Public Records of Pine lIas County, Florida, in Official Records Book
11702, Page 2409, and by that certain UCC-1 Financing Statement (the "Financing Statement") recorded in
the Public Records of Pine lIas County, Florida, in Official Records Book 11702, Page 2461. The Mortgage,
the Financing Statement, and any other documents executed or delivered to secure repayment of the
indebtedness evidenced by the Note are hereinafter referred to collectively as the "Security Documents",
D. The Mortgage creates a lien upon certain property (the "Collateral") owned by Debtor, as more
particularly described in the Mortgage.
E. Debtor has requested Holder to release a portion of the Collateral from the Security
Documents, and that portion of the Collateral to be released is more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof (the "Release Parcel").
F. Holder has agreed to release the Release Parcel from the Security Documents,
NOW THEREFORE, in consideration of the mutual promises contained herein and in the instruments
described in the Recitals, the receipt and adequacy of which is hereby acknowledged, Holder hereby does
remise, release, quit-claim, exonerate and discharge the Release Parcel from the lien and operation of the
Security Documents.
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~INELLRS COUNTY FLR.
OFF .REC,8K 11874 PG 940
TO HAVE AND TO HOLD the same unto Debtor and its assigns forever, freed, exonerated and
discharged of and from the lien of the Security Documents, and every part thereof; provided, always,
nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien or
encumbrance of the Security Documents on any other portion of the Collateral (other than the Release
Parcel).
IN WITNESS WHEREOF, Holder has executed this Partial Release of Collateral the date first set
forth above.
BANK OF AMERICA, N.A.,
a national banking association
By:
Title: 1:(1 e"fJ,e 61 'de 11 t
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was ackq.owledged~ before me this /}.rJh day of December, 2001, by
0he....J D. 14enr~ ' as VIC<.. P~slden-\ of BANK OF
AMERICA, N.A., a nadonal banking association, on behalf of saId aSSOCIation. He/she IS personally known
to me or has produced as identification.
~~
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P nted Nam . !.EllA- AGprCl Cf
Notary Public
Serial Number (if any):
My Commission Expires: ~R..h-\~ 1 ( ~Ob~
(NOTARY SEAL)
I:\W-REI 11478\017\ParRel.wpd
12114/01
......~.;,.,.. LEILA A. GARCIA
j:f<i"l:r..~~ MY COMMISSION # CC 773627
~:.~.:.r! EXPIRES: September 7, 2002
"'1,~,~rl:~~""'''' Bonded Thru Notary Public Underwrit(!rs
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EXHIBIT "A"
Leoal Descriotion
A PORTION OF THE NORTHWEST % OF
SEmON 10, TOWNSHIP 29 SOUTH, RANGE
15 EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
FOlLLOWS:
FR<DM THE SOUTHWEST CORNER OF THE
SOl{fHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 10, TOWNSHIP 29 SOUTH,
RAf'JJGE 15 EAST, RUN NORTH 30.0 FEET;
THHNCE EAST 30.0 FEET FOR A POINT OF
BEGINNING; THENCE 5 89023'45,35" EAST,
60.0000 FEET; THENCE N 50000'00,00"
WEST, 30.0000 FEET; THENCE N
150IDO/00.00" WEST/ 100.0000 FEET;
. THENCE N 05000'00.00" WEST, 115.7269
FEET; THENCE S 00015'36,94" WEST,
230~5325 FEET' TO THE POINT OF
BEGiNNING.
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CONTAINING 0,0878 ACRES, MORE OR LESS ..
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PINELLRS COUNTY FLR.
OFF.REC.BK 11874 PG 941
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared ROXANNE M. AMOROSO, a Vice President
of Bane of America Community Development Corporation, a North Carolina Corporation,
Managing Member of Greenwood Apartments, LLC, a Florida limited liability company, who
[ 1i] is personally known to me [ ] produced
as identification, and whom, being first duly sworn, deposes and says that:
1. Greenwood Apartments, LLC ("Greenwood") is the owner of the real property
located in Pinellas County, Florida, as is more particularly described in EXHIBIT "A"
attached hereto and incorporated herein ("Property"). The Property is now in possession
of the record owner, and there is no other person or entity in possession of the Property or
who has any rights or tenancies to the Property, other than tenants of apartments located
on land owned by Greenwood adjacent to the Property.
2. To the best of Affiant's knowledge, the Property is free and clear of all liens,
taxes, encumbrances, and claims of every kind, nature, and description whatsoever, except
as set forth in Exhibit "B" attached hereto and incorporated herein.
3. The undersigned knows of no state or federal judgment or lien of any kind
or nature whatever against the Property, except as set forth on Exhibit "B" attached hereto
and incorporated herein.
4. To the best of Affiant's knowledge, there has been no labor performed on
or materials furnished to the Property within the past ninety (90) days for which payment
in full has not been made or for which valid liens could be filed; there are no claims
whatsoever of any kind or description against the Property for which liens could be filed
according to the statutes in such cases made and provided; and no informal notice of claim
has been received by the undersigned including, without limitation, unrecorded labor,
construction or materialmen's liens against the Property.
5. The undersigned hereby warrants that the undersigned has received no
notice of any public hearing regarding pending or future assessments for improvements by
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any governmental agency and to the best of Affiant's knowledge there are no unpaid or
pending bills, assessments or liens against the Property for sanitary sewers, paving, utility
installation, service or other improvements made by any public utility or governmental
agency, whether or not such assessments appear of record,
6. The undersigned has, in the operation of the Property, where applicable,
complied in all respects with the sales tax law, and shall submit in a timely fashion all filings
not currently due.
7. The undersigned warrants that, to the best of Affiant's knowledge, there are
no estate tax, inheritance tax, or income tax liens, under federal or state laws, against the
Property, or against the undersigned, which would affect the Property.
8. To the best of Affiant's knowledge, there is no outstanding unrecorded
agreement of sale, option, deed, agreement for deed, conveyance, mortgage, or lease
affecting the title to the Property, other than the conveyance affiant shall execute to the City
of Clearwater, Florida ("City") upon which this Affidavit is being given,
9. Greenwood is not a non-resident alien, foreign corporation foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the United States
Internal Revenue Code and Income Tax '3~gulations), and the U. S. taxpayer identification
of Greenwood is Sq - 61 L.\.~ i> 7 d- .
10. This representation is made under oath for the purpose of inducing the City
to acquire title to the Property.
11. The undersigned makes and delivers this Affidavit of No Liens fully realizing
that the City is relying hereon in order to complete this transaction. This Affidavit of No
Liens is made with full understanding of all laws appertaining to affidavits in Florida, and full
faith and credit may be given hereto. The undersigned has read the complete text of this
Affidavit and fully understands its contents,
12. All statements made herein shall, to the best of the knowledge and belief of
the undersigned, be true and correct as of the date and time the deed is recorded following
acceptance by the Clearwater City Commission, There are no matters pending against the
undersigned that could give rise to a lien that would attach to the Property between the date
hereof and such recordation. The undersigned has not and will not commit, between the
date hereof and the date and time of such recordation, any act that would cause the
statements made herein to change or to become invalid, nor will the undersigned execute
any instrument that would adversely affect the Property.
13. Greenwood agrees to indemnify and shall save and hold the City harmless
from and against any claim, liability, or cause of action which may arise by virtue of any of
Page 2 of 3
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the foregoing representations being false or untrue or from any lien or claim which may be
filed or enforced for any labor, services or materials used or furnished to the Property, for
or on account of benefit of owner,
Greenwood Apartments, LLC
a Florida Limited Liability Company
By: Banc of America Community Development
Corporation, a North Carolina corporation,
as its Managing Member
Ro anne M. Amoroso, Vice President
Sf-
SWORN TO, subscribed and acknowledged before me this 3! - day of
December, 2001.
.~
B.
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Not~UbliC - State of Florida
Print Name: -.JObEL holl~
My Commission expires:
1:\W-RE\11478\017\b ofa gmwood aft 1201.wpd
12/18/01
O JODEL DCAK
MY COMMISSION # DO 068968
EXPIRES: November 2. 2005
l-llOO3-NOTARY Fl Nolaty SeMce & Bonding. Inc.
Page 3 of 3
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EXHIBIT "A"
teQal Description
A PORTION OF THE NORTHWEST % OF
SEtTION 10, TOWNSHIP 29 SOUTH, RANGE
15. EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
FOll.LOWS:
FRQ)M THE SOUTHWEST CORNER OF THE
SOy-rHEAST 1/4 OF THE NORTHWEST % OF
SAID SECITON la, TOWNSHIP 29 SOUTH,
RANlGE 15 EAST, RUN NORTH 30.0 FEET;
THENCE EAST 30.0 FEET FOR A POINT OF
BEGINNING; THENCE 5 89023'45.35" EAST,
60.0000 FEET; THENCE N 50000'00.00"
WEST, 30,0000 FEET; THENCE N
15odJO'OQ,QO" WEST, 100.0000 FEET;
. THENCE N 05000'00.00" WEST, 115.7269
FEET; THENCE 5 00015'36,94" WEST,
230~5325 FEET' TO THE POINT OF
BEG~NNING.
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CONTAINING 0.0878 ACRESr MORE OR LESS ..
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EXHIBIT "B"
Exceptions to Warranty of Title
1. Rights or claims of parties in possession under unrecorded leases, as tenants
only.
2. Taxes and assessments for the year 2002 and subsequent years.
3. Easement granted to City of Clearwater recorded in Official Records Book 294,
page 222, of the Public Records of Pinellas County, Florida, (as to Parcel 1)
4. Matters which would be disclosed by a current survey of the property, if any.
1:\W-RE\11478\017\b of a exhib~-b 1201.wpd
12/18101