MARY L. LEE AND JAMES A. & HENRIETTA ROGERS
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KARLEEN F. DE BLAKER l CLE~:K OF COURT
PINELLAS COUNTY, FLORIDA
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Address:
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5C155392 12-22-2000
51 DED-ROGERS
0000000000
In: BK:
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This Instrument Prepared by: MARIANNE SCHAFFER
STEWART TITLE OF CLEARWATER, INC.
1290 Court Street
Clearwater, Florida 33756
as a necessary incident to the fulfillment of conditions
contained in a title insurance commitment issued by it.
Property Appraisers Parcel Identification (Folio) Number(s):
10/29/15/69138/006/0120
Grantee(s) 8.8.#(s):
FILE NO: 00110032
SPG: EPG:
1 $10.50
3 $.70
TOTAL:
P CHECK AMT.TENDERED:
.~ CHANGE:
BY __~___ DEPUTY CLERK
$11.20
$11.20
$.00
WARRANTY DEED
00-388495 OEC-22-2000 4:48~
PINELLRS CO 8K 11155 PO 1077
___ __JllLlllUlIlllJllllJllllllllllllllllllLllllJIIL----
2000, by
(The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates.)
- . This Warranty Deed Made this 6 ~ 'dayof December A.D.
JAMES A. ROGERS and HENRIETTA ROGERS , his wife,
whose marital status is:
hereinafter called the grantor, whose post office address is:
to MARY L. LEE, a married woman,
whose post office address is: 1352 Terrace Road Clearwater, Florida 33755
hereinafter called the grantee,
WITNESSETH: That said grantor, for and in consideration of the sum of $10.00 Dollars, 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 P inell as County, Florida, viz:
Lot 12, Block 6, PINE CREST, according to the Plat thereof, as
recorded in Plat Book 1, Page 66, Public Records of Pinellas
County, Florida;
TOGETHER WITH 1/2 of vacated alleys to the North and West of
Lot 12, as described in Instrument recorded 5/23/96 in O.R.
Book 9352, Page 294, Public Records of Pinellas County, Florida.
This is a CORRECTIVE DEED, correcting that certain Quit Claim
Deed dated 3/1/99, recorded 4/8/99 in O.R. Book 10471, Page
414, Public Records of pinellas County, Florida; the
aforementioned Deed inadvertently contains the incorrect
marital status of Grantee and does not convey interest in the
vacated alleys.
The required documentary stamps have been affixed to the
aforementioned Deed.
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PINtllRS
Orr,RtC.Sk COUNiY rlR
111SS Pa Ui7S
This property [is] [is not] the homestead of the Grantor(s).
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.
And the grantor hereby covenants with said 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; that the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to December 31, . reservations, restrictions and easements of record, if any.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, Sealed and Delivered in Our Presence:
,'WI"'" S~Mrore~~ 1\ Q.fllR-iJ
~~J'\\,itness Printed Name: H-tl \ I'H\..p"cGr' . . ~
'. Witness Signature: ~ ; fYU..,t... ----0~
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"Witness Printed Name: ~rnfe \.VaJe
~A~~
AMES A. ROGERo- ~u.
&76P-n" ,;?i- if(fif VIA, .
HENRIETTA ROGER
(Seal)
(Seal)
Witness Signature:
Witness Printed Name:
(Seal)
Witness Signature:
Witness Printed Name:
(Seal)
STATE OF
COUNTY OF
TENNESSEE
HANILTON
(;':)
The foregoing instrument was acknowledged before me this t -/;-Ji ~ day of December
by JAMES A. ROGERS and HENRIETTA ROGERS , his wife,
2000
'K1xKix/.1i~xa(~IDU{KmO;;:Hrwho has/have produced driver license(s) as identification.
(c: lMy Commission expires: C, I 'eJ)f}a:;C./
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,,' Notary Public
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C, )Serial Number:
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
by
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day of '()ec t" r'f"br> t
who is/are personally known to me or who has/have produced driver Iicense(s) as identification.
My Commission expires: ~'8\9cv<./
_~r \'.)), 'e (Y)t=t'Cho rf'\
Printed Name:
Notary Public
Serial Number:
Page 2 of 2
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Nam~: STEWART TITLE OF CLEARWATER, INC.
Add.,ess: Ih\J Court Street
Clearwater, Florida 33756
This Instrument Prepared by: LAURIE BRIEF
STEWART TITLE OF CLEARWATER, INC.
1290 Court Street
Clearwater, Florida 33756
as a necessary incident to the fulfillment of conditions
contained in a title insurance commitment issued by it.
Property 'Appraisers Parcel Identification (Folio) Number(s):
10/29/15/69138/006/0120
Grantee(s) 5.5.II(s):
FILE NO: 00110032
KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTy, FLORIDA
5C155393 12-22-2000
51 DED-LEE
0??oo00000
IU: BK:
RECORDING 002 PAGES
DOC STAMP - DR219
16:52:55 LCH
SPG: EPG:
1 $10.50
3 $315.00
TOTAL:
P CHE94MT .TENDERED:
~~ CHANGE:
BY =~_____ DEPUTY CLERK
$325.50
$325.50
$.00
00-388488 DEC-22-2000 4.51
WARRANTY DEED P INELLFlS co BK 11166 PC; '10e~
(Thet"'I11' "grantor" and "grantee" herein sh.lIlx: construed ,to include.1I genders and singul.r or plur.1 as the conlexl indic.tes.,_~.,.~~ JIIIUlliUIUUlUllllIIJ~Il1IIIJIIL._~_~
This Warranty Deed Madethis 21st day of December A.D. 2000,by
MARY L. LEE, a married woman, joined by her husband, ALBERT LEE
whose marital status is:
hereinafter called the grantor, whose post office address is:
to CITY OF CLEARWATER, FLORIDA , a Municipal Corporation of the State
of Florida
whose post office address is:
e.iTy c:..CE.al<. 1'.0,607< l./7l/8 ~te.1l R. >3?S-J>'f''17r~
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hereinafter called the grantee,
WITNESSETH: That said grantor, for and in consideration of the sum of $10.00 Dollars, 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 Pine 11 as County, Florida, viz:
Lot 12, Block 6, PINE CREST, according to the plat thereof, as
recorded in Plat Book I, Page 66, Public Records of Pinellas
County, Florida;
TOGETHER WITH 1/2 of vacated alleys to the North and West of
Lot 12, as described in Instrument recorded 5/23/96 in O.R.
Book 9352, Page 294, Public Records of Pinellas County, Florida.
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PIN~LLAS COUNTY rLA
Orr ,R~~.'~~__~ 1188 PC3 10es
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This property [00 [is not] the homestead of the Grantor(s).
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.
And the grantor hereby covenants with said 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; that the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to December 31, 00 ,reservations, restrictions and easements of record, if any.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, Sealed and l)elivered in Our Presence:
WjlnesssignatuA
Witness Printed Name'
Witness Signature:
Witness Printed Name:
l1A:f::~7L
ALBERT LEE
-(Seat) .
(Seal)
Witness Signature:
Witness Printed Name:
(Seal)
Witness Signature:
Witness Printed Name:
(Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 2 1 s t day of De c embe r , 2000
by MARY L. LEE, a married woman, joined by her husband, ALBERT LEE
who has/have produced driver license(s) as identification.
/
Name:
No y Public
Se~al Number:
My Commissionexpfres:~
", ..;~~' ~/--",,!;~~r:rr::,..:; f
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
by
day of
who is/are personally known to me or who has/have produced driver license(s) as identification.
My Commission expires:
Printed Name:
Notary Public
Serial Number:
Page 2 of2
AL TA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS
"If you want information about coverage or need assistance to resolve complaints, please call 1-800-729-1902. If you make a claim under your policy,
you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations."
Visit our World-Wide Web site at: htto://www.stewart.com
-.
/./
POLICY OF TITLE INSURANCE ISSUED BY
00110032
STEWART TITLE
GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND $'tIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures; 8:$ 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 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, Stewart Title Guaranty Comp~nyMa~c~u~ep this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedulji;lA,
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. (a) Any law, ordinance or governmental regulation (incllldingbut notlimited 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 thedimensJons 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 violationoftheselaws, 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 without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(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.
Company
City, State
--+-- -- -- -- -+- --
STEWART TITLE
GUARANTY COMP.ll'l'Y
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~~~~~:f 0-2125- 300291
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
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 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.
(c) "knowledge" or "known": actual knowledge, not constructive 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 A, and im~rove'
ments affixed thereto which by law constitute real property. The term \ land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy,.
(e) \ mortgage ': mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of Pol,
icy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
l(a)(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filed in the records of the clerk of the United 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 title.
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 convey'
ance 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 TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (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 sholl
not be given to the Company, then as to the insured all liability of the Company
shall terminote 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 policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(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 without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the 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 reasonoble causel to represent the insured as to those stated causes of
action and shall not be liab e 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 prose,
cute 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 rig hIs under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought an oction or interposed a
defense as required or permitted by the provisions of this policy, the Company.
may pursue any litigotion to final determination by a court of competent jurisdic-
tion and expressly reserves th~ 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 prose,
cute 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 permit 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 wit,
nesses, prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company may
be necessary or desirable to establish the title 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 ter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, 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 Condi,
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com,
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damoge. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi,
ble, 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
terminaie, 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.
In addition, the insured claimant moy reasonably be required to submit to
examinatior 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 Com,
pany, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date 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 submit for examination under oath, pro'
duce other reasonably requested information or grant permission to secure rea,
sonably 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
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance 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 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 litigation, 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 dam,
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com,
pany 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 pol,
icy for the c aimed 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.
-. This policy is a contract of indemnity against actual monetary loss or dam'
age sustained or incurred by the insured claimant who has suffered loss or dam-
age by reason of matters insured against ./:ly this policy and only to the extent
herein described. .
(continued and concluded on last page of this policy)
I I
SCHEDULE A
FILENO. POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE
December 22, 2000
00110032 0-2125-300291 4:51 PM $45,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of
Florida
2. The estate or interest in the land which is covered by this Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land referred to in this policy is described as follows:
Lot 12, Block 6, PINE CREST, according to the Plat thereof, as
recorded in Plat Book 1, Page 66, Public Records of Pinellas
County, Florida;
TOGETHER WITH 1/2 of vacated alleys to the North and West of
Lot 12, as described in Instrument recorded 5/23/96 in O.R.
Book 9352, Page 294, Public Records of Pinellas County, Florida.
For Company reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
Street Name: 1006 Seminole Street
City/State/Zip: CLEARWATER, FL 33755
County: Pinellas Pin/Tax#: 10/29/15/69138/006/0120
The Company does not represent or insure the above address is accurate
Reg. D 0012 Rev. 11-91 "NOT VAIlD WI1HOUT SCHEDULE B"
STEWART TITLE
Ii :i!iiii!i:ii.::::t;rr::::....:.:.:i!!!!!!!!!::iiiiiiiiii:::iiiiiiiiiiii.lli:iiil.~;~~i.i'l!fi~I..i.
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. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
uuu I
..............
......................
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:;:::;:::;:::;:;:;:;:;:;:;:;:;:::::::::;:::::::::::;:::::::;:;:;:;:;:;:;:;:;:;:::::;:::::::::;:::;:;:;:;:;:;:::::::::::::::::;:::::::::::;:;:;:;::::
Policy Number: 0- 2125-300291
File No: 00110032
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1.
2.
3.
4.
5.
6.
7.
8.
Rights or claims of parties. in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured.
Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands.
Taxes for the year 2001 and thereafter and assessments, if any, not recorded in the public records.
Subject to easement for drainage/utilities as shown in Document
"Ordinance No. 6016-96" recorded 5/23/96 in O.R. Book 9352,
Page 294, Public Records of Pinellas County, Florida.
9. Subject to any lien for municipal improvements or services to
captioned land which has not been filed for record in the office
of the Clerk of the Circuit Court of Pinellas County, Florida,
and any and all outstanding assessments projected or to be
projected, if any.
10. Any lien provided by Chapter 159 of Florida Statutes in favor
of any city, town, village or port authority for unpaid service
charges for service by any water system, sewer system or gas
system servicing the land described herein.
11. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
12. Title to any furniture, furnishings, fixtures, or chattels or
personal property located in, to or upon the land described in
Schedule "A" hereof.
13. Subject to unrecorded leases and/or options to purchase
affecting subject premises.
14. If subject property has been a rental unit or non-owner occupied
property, it may be subject to Tangible Taxes, which are not
Exceptions numbered
1 and 4
are hereby deleted from the Owners Policy.
AL T A OWNER'S POLICY SCJlEDULE B - CONTINUED
POLICY NO. 0-2125-300291
FILE NO: 00110032
covered by this policy.
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(a) The liability of the Company under this policy shall not exceed the least
of:
(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.
(Q) (This paraqraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of the Conditions and Stipulations.
8. 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 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.
9. LIMITATION OF LIABILITY.
(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.
(b) In the event of any litigation, including litigation by the Company or with
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.
(c) 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.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Compan~ may pay under any policy insuring
o mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subiect, 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
underlhis policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse,
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished 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 pol-
icy, all right of subrogation shall vest in the Company unaffected by any .act of
the insured claimant. I
The Company shall be subrogated to and be entitled to all rights and reme-
dies 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 Com-
pany, 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 subro-
gation. 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 tOlay only that part of any losses insured against by this policy which
shall excee the amount, if an7' lost to the Company by reason of the impair'
ment by the insured claimant 0 the Company's right 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, gua'
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea,
son of this policy.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
once Arbitration Rules of the American Arbitration Association may be demanded
if aqreed to by both the Company and the insured. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arisinq out of or relatinCl to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obliqation. 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 of Policy shall be bindinq upon the parties. The award
may include. attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailinq party. Judqment
upon the award rendered by the Arbitrator(s) may be entered in any court
havinq iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitrotion 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, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com,
pony. 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 Furnished the Company shall include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas
77252,2029.
STE'VAn.T TITLE
GUARANTY COMPANY
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