ROBERT E. AND SARA J. KING (2)
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.....Ptepar~d By: Laurie Brief /
RECORD & RETURN TO:
SOMERS 1;'1T1,.E COMPANY
1290 COURT STREET
CLEARWATER, FL 33756 (727) 441-1088
incidental to the issuance of a title insurance policy.
File Number: 02080031c
Parcel ID #: 10-29-15-69048-005-0010
Grantee(s) SS #:
, '
KARLEEN F. DE BLAKER, CLERK OF COURT
PHULAS COUNTY, FLORIDA
---------------------------------------
8C2OB739 09-24-2002 16:49:46 WJB
51 DED-KING
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FmlRDlt4J 002 PAGES 1 $10.50
DOC STAMP - DR219 3 $532.00
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This WARRANTY DEED, dated September 20, 2002 by
WARRANTY DEED
(INDIVIDUAL)
TOTAl:
CIfCK AHT. TENDERED:
C\~ CHANGE:
BY __ej_ DEPUTY CLERK
$542.50
$542.50
$.00
ROBERT E. KING and SARA J. KING, husband and wife,
whose post office address is:
1312 Palmetto Street, Clearwater, Florida 33755
02-35505 1 S . .
P INE:LLFlS CO P~jl;4i2~~Olprf: 4SfOM
~~____JlIIIIIIIIII 11111 II/II 111m IJJII III~ 1111111111111 S;4 1
hereinafter called the GRANTOR, to
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
whose post office address is:
PO BOX 4748, Clearwater, FL 33758
hereinafter called the GRANTEE:
(Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH: That the GRANTOR, for and in consideration of the sum 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, all that certain land situate in Pinellas County, Florida, viz:
Parcel No. 10-29-15-69048-005-0010
LOT 1, BLOCK "E", PINE BROOK SUB-DIVISION UNIT 2, according to the map or plat thereof as recorded
in Plat Book 23, Page 71, Pinellas County, Florida.
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SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
taxes and.asses!.1nents for the year 2002 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authorities, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
PINELLAS COUNTY rLA,
Orr,REC,8K 12238 PG 842
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, 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;
that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES:
a
Signature:
Print Name:
Signature:
Print Name:
State of Florida
County of Pinellas
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on September 20, 2002 by:
Robert E. King and Sara J. King, husband and wife
who is personally known to me or who has produced drivers license as identification.
Notary: ~
Signature: .... ... ... ..... . .. .
L
Print Name:
RONALD E. SOMERS
Notary Seal:
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! RONALD E.SOMERS
Notary Public, State Of Florida
My Commission Expires 11nlO2
Commission No. #CC782274
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OVERBECK
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ELLI01'T,
INC.
PROFESSIONAL SURVEYORS
3089 Roosevelt Blvd" Clearwater, Florida 33760
Phone (727) 524-9666 FAX (727) 524-9328
Certificate of Authorization L, B. # 6913
CERTIFIED TO: ROBERT E. & SARA J, KING, SOMERS TITLE COMPANY, THE CITY OF CLEARWATER
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LEGAL DESCRIPTION:
Lot I, Block E, PINE BROOK
SUB DIVISION UNIT NO, 2, according
to the plat thereof os recorded in
Plot Book 23, Page 71, of the Public
Records of Pinellas County, Florida,
LOT 2
BLOCK E
LOT 4, BLOCK E
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EASEMENT N 89.39 59 W P 77.1 I
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SEC, 10. TWP, 29 S" RGE, 15 E,
PINELLAS COUNTY, FLORIDA
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SURVEYOR'S NOlES:
1.) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN.
2,) ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT AND lOR DEED UNLESS OTHERWISE NOTED,
3,) NO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED
4,) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS-OF-WAY ANDIOR OWNERSHIP WERE FURNISHED THIS SURVEYOR
EXCEPT AS SHOWN HEREON,
5,) BASIS OF BEARINGS: N, R/W LINE OF PALMETTO ST, BEING S 89'23'59" E (PER PLAT), .
6,) THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP,
COMMUNITY No, 125096, PANEL No, 0008 0, EFFECTIVE DATE 8/19/91, AND THE HEREON DESCRIBED,
PARCEL APPEARS TO BE IN ZONES X & AE, WITH A BASE ELEVATION OF 12,0' M S,L. FOR AE,
7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANce
ABBREVIA liON LEGEND:
F.I.R FOUND IRON ROD, SIZE INDICATED
S,I.R, SET IRON ROD, 1/2" P,S,M, #.398.3
F,I.P, FOUND IRON PIPE, SIZE INDICA TED
F,N,D, FOUND NAIL AND DISK
S,N.D. SET NAIL AND DISK. PSM. # 3983
F,C,M, FOUND CONCRETE MONUMENT
P,R,M, PERMANENT REFERENCE MONUMENT
RIW RIGHT-OF-WAY
TYP, TYPICAL
PP POWER POLE
WM WATER METER
P
SEC, SECTION
TWP, TOWNSHIP
RGE. RANGE
(D) DEED
(P) PLA T
(M) MEASURED
(C) CALCULATED
CONC, CONCRETE
COV, COVERED
ASPH. ASPHALT
PVMT, PAVEMENT
LP LIGHT POLE
CERTIFIED AS Ii. f30UNDARY SURVEY
I HEREBY C(RTIFY~ntA T THIS SURVEY MEETS THE MINIMUM
TECHNICAL-STAND.ARD5 AS SET FORTH BY THE FLORIDA
BOARD Or--PROF~tONAL SURVEYORS AND MAPPERS IN
CHAPTER 61G17'"'q, H,ORIDA ADMINISTRATIVE CODE,
PURSU T I r.J;~N 472,027, FLORIDA STATUTES,
DATE: 9/16/02
EDWA 0 C ELLIOTT, P,S,M, # 3983
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR
INFORMA TIONAL PURPOSES ONLY AND IS NOT VALID.
---"--""-- "-~.--------
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY 10-17-92 (Florida Modified)
POLICY NO.
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
\OP-9-170a-175\
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida 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, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
I~Uedbyp&l~
AMERICAN PIONEER TITLE INSURANCE COMPANY
By. ~ ~id~
Atte,"~ Y?~
Secretary
Somers Title Company
1290 Court Street
Clearwater, FL 33756
(727) 441-1088
Fas (727) 449-1359
OP-9
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1, (al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wrthout knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claiman~
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy,
4, Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,' by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
1. DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
10 COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not Iimrted to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant"; an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructivo knowledge or
notice which may be imputed to an insured by reason of the publiC records as
defined in this policy or any other records which impart constructive notice of matters
affecting the land,
(d) "land"; the land described or referred to in Schedule fA], and improvements
affixed thereto which by law constrtute real property, The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
[AI, nor any right, trtle, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit lI1e 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.
In "public records"; records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without knowledge, With respect to Section 1 (al(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the Unrted States district court
for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
trtle,
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 only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given bY a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured,
3. NOTICE OF CLAIM 10 BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in wrrting (i) in case of any litigation
as set forth in Section 4(a) below, (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, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable, If prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any insured
under this poliey unless t!:le Company shall be prejudiced by the failure and then
only to the extent of the preju,dice, '
......... _.
-
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and wrthout unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to lI1e title or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this policy, The Company shall
have the right to select counsel of Its choice (subject to the right of the insured
to Object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured against
by this policy,
(b) The Company shall have the right, at Its own cost, to institute and 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, or to prevent
or reduce loss or damage to the insured, The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy, If the
Company shall exercise its rights under this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any 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,
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permrt the Company to use, at its option,
the name of the insured for this purpose, Whenever requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting setttement. and (ii)
in any other lawful act which in the opinion of the Company may be necessary
or desirable to establish the litIe to the estate or interest as insured, If the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any Irtigation, with regard
to the matter or matters requiring such cooperation,
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
wrthin 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the litle, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage, If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
,to the matter or matters requiring such proof of loss or damage,
~
OWNER'S POLICY
Schedule A
State: FL County: Pinellas
File Number
02080031c
Policy Number
OP-9-1708-175
Effective Date
September 24, 2002
Effective Time
4:49 PM
Amount of Policy
$76,000.00
Commitment #:
Simultaneous #:
Reinsurance #:
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Flordia
2. The estate or interest in the land described or referred to in this Schedule A and which is encumbered by
the insured mortgage is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel No. 10-29.15.69048.005.0010
LOT 1, BLOCK "E", PINE BROOK SUB-DIVISION UNIT 2, according to the map or plat
thereof as recorded in Plat Book 23, Page 71, Pinellas County, Florida.
ed~
Coun ersigned Authorized Signatory
Issued By: 1875* 02080031 c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B, This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference,
.
....~, ~.
CONDITIONS AND STIPULATIONS - CONTINUED
In addition, the insured claimant may reasonably be required to submn to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a dale before or after Date of Policy, which reasonably pertain to the loss
or damage, Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage, All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim, Failure of the insured
claimant to submn for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim,
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following addnional
options:
(a) To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this policy together
wnh any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
lnigation, and the policy shall be surrendered to the Company for cancellation,
(b) To PaYOr Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any litigation,
7, DETERMINATION. EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured cla:mant who has suffered loss or damage
by reason of matters insured against by this policy and only to the extent herein
described,
(a) The-Iiabiiity of the Company under this policy shall not exceed the least 01:-
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance was removed from Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations,
8, APPORTIONMENT
If the land described in Schedule [Al consists of two or more parcels which
are not used as a single sne, and a loss is established affecting one or more
of the 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 agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy,
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby,
(blln the event of any litigation, including litigation by the Company or wnh the
Company's consent, the Company shall have no liability for loss or damage 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,
Ic) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto,
11. LIABILITY NONCUMULATIVE
~ 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
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and 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 to the insured owner,
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be fumished to the satisfaction of the Company,
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter,
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued, If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation.
The insured claimant shall permit the Company to sue, compromise or settle in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies,
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss,
If loss should result from any act of the insured claimant, as stated above,
that 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 by this policy which shall
exceed the amount, if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation,
(b) The Company's Rights Against Non-insured Obligors,
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION
(This paragraph was modified for Florida policies,)
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed to by both Company and the insured, Arbitrable matters may include,
but are not limited to, any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of Company in connection
with its issuance or the breach of a policy provision or other obligation, Arbitration
pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or. at the option of the insured, the Rules in effect at Date
CONDITIONS AND STIPULATIONS. CONTINUED
of Policy shall be binding upon the parties, The award may include attomeys'
fees only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party, Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration .under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, ~ any, attached hereto by the
Company is the entire policy and contract between the insured and the Company,
In interpreting any provision of this policy, this policy shall be construed as a
whole,
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby
or by any action asserting such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company,
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full. force and effect
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be fumished the Company shall include the number of this policy
and shall be addressed to the Company at 493 East Samoran Boulevard,
Casselberry, Florida 32707, Telephone: (407) 260-8050,
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A.
US Department of Housing and Urban Development
SETTLEMENT STATEMENT
OMB No, 2502-0265
1. [] FHA 2, [] FmHA 3, [] Conv, Unins. 6, File Number:
4, V A 5, Conv, Ins, 02080031c 7. Loan Number:
c. NOTE: This fonn is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked 'POC' were paid outside the closing: they are shown here for information
D. NAME AND ADDRESS OF BORROWER:
CITY OF CLEARWATER, FLORIDA, P,O, Box 4748 Clearwater, FL 33758-4748
E. NAME AND ADDRESS OF SELLER:
Robert E. King 1312 Palmetto Street Clearwater, FL 33755
Sara J. Kin 1312 Palmatto Street Clearwater, FL 33755
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
1312 Palmetto Street Clearwater, FL 33755
H. SETTLEMENT AGENT:
SOMERS TITLE COMPANY 727-441-1088 Contact:
I. SETTLEMENT DATE:
09/20/02
PLACE OF SETTLEMENT:
1290 COURT STREET CLEARWATER, FL 33756
DISBURSEMENT DATE:
09/20/02
I J. SUMMARY OF BORROWER(S) TRANSACTION
100 GROSS AMOUNT DUE FROM BORROWER:
I K. SUMMARY OF SELLER(S) TRANSACTION
400. GROSS AMOUNT DUE TO SELLER :
101, Contract sales price 76,000,00 401. Contract sales price 76,000.00
102, Personal Property 402. Personal Property
103, Settlement charges to borrower (line 1400) 1,229.50 403,
104. Housing Premium & Relocation 24,000.00 404. Housing Premium & Relocation 24,000.00
105, 405.
Adiustments for items paid bv Seller in advance Adiustments for items paid bv Seller in advance
106, City/town taxes 406, City/town taxes
107, County taxes 407. County taxes
108, Assessments 408, Assessments
109. 409,
110, 410.
Ill. 411.
112, 412.
120. Gross Amount Due From Borrower 101 229.50 420. Gross Amount Due Seller 100 000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER :
201. Deposit or earnest money 501. Excess deposit (see instructions)
202, Principal amount of new loan(s) 502, Settlement charges to seller (line 1400)
203, Existing loan(s) taken subject to 503, Existing loan(s) taken subject to
204, 504. Payoff of first mortgage loan
205, 505. Payoff of second mortgage loan
206, 506,
207. 507, Escrow Occupancy 5 000,00
208. 508,
209, 509, County Taxes 1/1/02 to 9/20/02 341.53
Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance
210, City/town taxes 510, City/town taxes
211, County taxes 511, County taxes
212, Assessments 512, Assessments
213, 513,
214, 514,
215. 515,
216. 516,
217. 517,
218, 518,
219, 519,
220. Total Paid Bv/For Borrower 520. Total Reduction Amount Due Seller 5.341.53
101,229.50
100,000,00
5,341.53
94658.47
101 229.50
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401 (or if 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service. If you are required to file a retum, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent
with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
(Printed on.:"ep l~, 200:j.@ 15:22)
Lf .'
700. Total SaleslBroker's Commission based on price
us Department of Housing and Urban Development
SETTLEMENT CHARGES
OMB No, 2502-0265
701. Listing Realtor Commission
702, Selling Realtor Commission
703, Commission oaid at Settlement
704,
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805, Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807,
808,
809.
810,
900. ITEMS REOUIRED BY LENDER TO BE PAID IN ADVANCE
901, Interest from
902, Mortgage Insurance Premium for
903, Hazard Insurance Premium for
904,
905,
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002. Mortgage insurance
1003, City property taxes
1004. County property taxes
1005. Annual assessments
1006,
1007.
1008, Aggregate Accounting Adjustment
1100. TITLE CHARGES
1101. Settlement or closing fee To: STC
1102, Abstract or title search To: STC
1103, Title examination To: STC
1104, Title insurance binder
1105. Document preparation
1106. Attorney's Fees
1107, FL Risk Rate$437
(Includes above item numbers: )
1108, Title Insurance To: SOMERS TITLE COMPANY
(Includes above item numbers: )
1109, Lender's coverage @
1110, Owner's coverage76,000,OO@437.00
1111.
1112,
1113,
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $10,50 Mortgage $0,00 Releases $0.00 To: Clerk of the Court
1202, Citv/countv tax/stamps:
1203, State tax/stamos: Deed $532,00 Mortgage $0,00 To: Clerk of the Court
1204.
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
1303.
1304,
1305,
Paid from
Borrower's
Funds at
Settlement
Paid from
Seller's
Funds at
Settlement
100,00
100.00
50,00
437,00
10.50
532.00
11400. Total Settlement Chal'l!es (enter on lines 103. Section J and 502. Section K) I 1.229.50 I 0.00 I
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate stat",e" men~Ofe::;1I r i ts and disbursements made on my
account,~~n this transaction,~er certi~t I have received a copy of HUD-1 Settlement Stat~;m12e ~~' _
BORR~,,(S0 AJAff'5.A ~ SELLER(S)'
r/'",,,d''''y //P" L//' " h
CrM'OF CLEAI(WAf~R~-F'tORIDA, Robert E. King v v -~J /~
LA - 'Q ~b;I.,~
Sara J. King .f . r / /f
The~:n:;zu leme tate~ment wh ,ich I have prepared is a true and accurate account of this transaction, I have caused or will cause the fundUo be disbursed in accordance with this
statem
,.~ 9/20/02
~<?~R 'II ~ Date
NOTE: T she b,.JoL d based on taxes for the year, Any re-proration will be handled between the buyer and seller, All utility bills (water, sewer, electric, cable and
maintenance fe s) hav"",een paid or will be paid upon receipt of final bills,
WARNING: I 5 a crime to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviction can include a fine or imprisonment. For
details see: ille 18 U,S, Code Section 1001 and Section 1010,