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NORMAN KIRKLAND JR AND MARGARET KIRKLAND I 0$ 1,', ./ .:: ,.. ~ . .~7. L)/ ~. FORM.l1~<d>~~ DBED-(Statu. .J 236 ," , <<-,<-~~"~':,,,,,,. ~~ IJhr- ((<>~ <........V ~'\.; '\.~ Q,.'{,~~ ~ ~ ~"'~ '\'\ \~~ O.R. ~Ul;l ( PAGf tIll: TUTBLANX REGISTERED u. S; PAT. OFFICE Tutlle Law Priot, Publishers, Rutland, Vt. 268729B .0 ~ Jmnbrtmdhnnft\ Where1'cr used herein, the term ((party" shall include the heirs, personal representatives, successors and / or assitns of the respective pnrties hereto; the use of the singuhl,l' number shall include the plura'z, and the plural the sing'ular; the 11,86 of any gender sltulZ inc1.nde all gender::;; and, if used, the term flnote" shall include all the notes herein descri{)cd if Ttwre than Qne Made this 2 7t h day of l'.u gus t A. D. 19 64 Between "'Of",!"",r TlI'f'l'T "NTT) J-D )""';I1ed b\T 'r',;s ,.r;'fe T'/'/\'K,)i:.'~")F'T' i't \..J...'~'$.l~ l...J" 1\,. .:\.\....o.....J~-\.L'1., I\..'j _V.1... ,_~,.,. "..1..., ,~:-"- ;, .l.._.I..~"1".,:'J,_L..\.--'.:... ~(lRKT....AND and FCREST. DEAN joined by his wifE:l c1LL:\GFJf7':". 7(' .iJEP,N" . as li~ivid4a ls, and..,NO ffiYIA. ~ t.... F.n~KT""J~,Lm an~ F (.t(i:.:T DEh.N, d". b a KI RKGf\ND (3. rt' zPt..AJ"" a Rq.rtners n~ p, Jo~ned by,. cheL);;t WJ... vetS af~'fesq ~ d. one "C'Ot'tnty 01 1;inellas ~n Ute ~ ate 0 l' oLula partyoft~efirstpart,and ~_LrY '.,J,i:" ClliAR~~ATER, a Floridahunicipal Corporat Lon , ,. whose maUins address is: P. C. Boy 134b, Clean"ate~, of the Countl! of ~1.nellas '. in the State of F lor lca party of the second part, Witnesseth, that the said party of the first part, for and in consideration ~ the sum of - - - - - - - - - - - TE N - - - - - - - - - - - - - Dollan to him in hand paid by the said party of the second part, the receipt whereof is hereb: fLcknowledf!ed, has f!ranted, bargained and sold to the said party of the second par J&;>kl!.irs:1Clind assigns forever, the following described land, situate lying and being iJ the County of P inellas StoJte 0 Florida, to wit: "'- Tract A, uni t 1, of PALl.'l TE..RR[~CE SUED I IJI S Ie ~J as re co rd e d in P 1 at Book 27, Page 42, of the ~ublic rec orc1s of .eine 11 as Co un ty, Florida subject to easements and restrictions of record. Subject to taxes for 1964 and subsequerlt thereto. That the said Willadene C. Dean, who signed this Deed as one of the grantors, is one and the same per son as Willadean C. Dean, who was listed as the grantee at the time the grantor s herein acquired title to said property, and is the wife of grantor Forest Dean. L. .:~: r[~; l.:.. And the said party of the first part does hereby fully warrant the title to said laY4 and will defend the same a!!ainst the lawful claims of all persons whomsoever. In Witness Whereof"l the said party of the first part has hereunto set} hand and seal the day and year first above written. Si~ed, Sealed d Delivered in Our Presence: } State of Florida, County of pinellas ,I HEREBY CERTIFY, That on this day personally appeared before rne, officer'duly authorized to administer oaths and take acknowled~ments, Norman L. Kirkland, jCJined by his wife, ]'Jft1rgaretS. Kirkland and Forest Dean, joined by his \.;rife,vJilladene .~. Dean tQn\mfJr,1Pell known and known to me to be the individual described in and w ,;;'\'-:;e;pe.clt/J.eJ;lithe fore~oin~ deed, and t [ley acknowledged before me t1 >5'>.tY'e~r.';::~X~(;Juted the ,m1'n e freely and voluntarily for the purposes therein express, v/. ," ~JTN,ESS my hand and official seal at cl eBr-vIa ':er t,."Co~'ni~}'o1. ..... pinellas , and State of Florida, ~,,"",.day-Of.~ .Au;~ust , A. D. 19 64 , () :.... \... "v '.~:,':'r::"~r'" OlJ'''':- <:'1_'<> f~' 'd .. ''':'':'fl'l c' '.. "':' ,,,.,,,,:) j-'cr: ,;:) at large . .' ',' ....;', ,..ornl,l,SS 011 ;:X:L'-.."" 1'\",- 27 1965 . ,., . " ." if '. U~t1o.d ' ,.' ,..... "',' ....", ~" 4{!1J ;J!,o:rii?rriisswn 1f.t~l1fi~an ::iurety Co. of N. Y. ~J:: I,) -01'1 ~ ~;,' . "TY OF CLEARWJ\T~' "'. Interclepartment Corre.pondence $h.-t " '. , ',',,..'.,,;,,\!t J"". ~ /' ~~ ,,,:. FROM: Fin.. Dep'_ I C1 trOlerk , TO: COPIES: . SUBJECT: DATE: Reoordiq ....4 Jl'abruar, 5 '19G5 , "., i" 'I~~il i~~:~i: fbe. ,..., ',...' . ...,. aN ....... ...... 1011_.- : ' "," ~" ',' ,;' , :' -, . ,-, " ". -, " .".0'--_,., ,'"... ."..,.'., , : ' 'J,".M'"~."",,,..,' ,...,.. .: " . .,.'.' 2..IR.~<'.:" " ~ ';"'.,. ".,:.'. ~~ if/ItS- f0/ ..'.._....... ._~t_. ._... ,.- ~,....,_.... _..~ 0;--' - ..~.......,-~~- -- rust Company of Florida-No. T-112 t Title Assoc~tion Owner's Polley - 196, , '''~~(~'> (; \~<i:~~;' .w.~:, ":~~;:~~:~~;,;f'.';;;~r~~~~t;~it~'-~;:::'liif'f~'::' ';;;'.,' "~""\~I:',u"L."~~"_~,,,,~'L.~.!ll~,",, ,il'!ii3~.._J:.lll!Uk, ,,'oj. -"" ,tt;"-y' . d'~, ~..:'.,' t ~,~ ,~r#'0&'~*~""~i' {: ~'",,,":',,} """$~'%'0Yi' i'.A..,....--....nkc lJT. ,:~ ~.~~~~..~.._~ IBIml" ."a~'''''''' "", 1 at .,,*C: ",n? , ,,& *" *'~ :.. .., ,,*'1111' """'..,~*~.,'''~ ",,,,,,,,,,,*, ,,,~1fI' &%B ~ ""*~,,,4Y '",,~,,~m_~ a Florida corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number and date of which are shown in Schedule A, does hereby in- sure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount set forth in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A and B, are hereby made a part of this policy; all as of the effective date of this policy. IN WITNESS WHEREOF, Title & Trust Company of Florida has caused its corporate name and seal to be hereunto affixed and this policy signed by two of its duly authorized officers in facsimile. mitl~ & ~ruat Grompany of 3JUorilla ~ff~~. (Not valid unless countersigned) (FacsimileJ Secretary i I: ~ ~ PINELLAS COUNTY TITLE COMPANY tjy;tf By: (!JIJA1M/()r~' P . Authorized Signature Vice-President t.i..'.'."."'''.. .,.., '!\1 'T'ro'~;::r-"~!',!"'""""'''W'-1r'~'''''"~''' .,'. .~~~i...~~;~,:!%;,~~;;~~4;!'!~~~~.~;1::;:.ij~;;tI~~~':;~ SCHEDULE A NO. FE 665 5 6 DATE February 11, 1965 AMOUNT $ 15,500.00 INSURED CITY OF CLEARWATER 1. The estate or interest in the land described or referred to in this schedule covered by this policy is: FEE SIMPLE 2, Title to the estate or iriterest covered by this policy at the date hereof is vested in the Insured. WARRANTY DEED from Norman L. Kirkland, Jr., joined by his wife, Margaret S. Kirkland and Forest Dean, joined by his wife, Willadene C. Dean, as individuals, and Norman L. Kirkland and Forest Dean, d/b/a Kirkland and Dean, a partnership, joined by their wives afore- said,-to-City of Clearwater a Florida Municipal Corporation, whose mailing address is P.O.Box i34S,Clearwater,Florida,dated August 27, 1964 and filed for record February 11, 1965, as Instrument U26S729B, in the office of the Clerk of the Circuit Court in and for Pinellas County, Florida. 3. The land referred to in this Policy is situated in the County of Pinellas, State of Florida, and is described as follows: Tract A, Unit 1, of PALM TERRACE SUBDIVISION as recorded in Plat Book 27, Page 42, of the public records of Pinellas County, Florida. (Note: #46.50 State Documentary Stamps and $17.05 U. S. Internal Revenue Stamps attached and cancelled.) ABOVE DEED RECITES: "That the said Willadene C. Dean, who signed this Deed as one of the grantors, is one and the same personas Willadean C. Dean, who was listed as the grantee at the time the grantors herein acquired title to,said property, and is the wife of grantor Forest Dean."J , ..... ..L \ ~ ~__~._",..-,I&.. ............. iIia:l ,- "'_ -- -C'-----~-_-.....--~~::_:_. .-~-: ~-- ~-- _. ""-,_ ~__~-~ '-;""';'"'-"___","_C'..~_ .:;, ""'*' 1 1 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Any state of facts which might be disclosed by an accurate survey of the premises. 2. Rights of parties who may be in possession of the premises other than the owner of the record title. 3. Any unrecorded liens for labor or material furnished to the property. 4. Taxes for the years 1964 and 1965; and any taxes or assess- ments levied or assessed subsequent to the date of this policy. 5. Any Lien for municipal improvements to caption land which has not been filed for record in the office of the Clerk of the Circuit Court of Pinellas County, Florida. (City of Clearwater) 6. Subject to Right-of-Way of Highland Avenue. :4-65 CONDITIONS AND STIPULATIONS inition of Terms lowing terms when used In this policy mean: "land": the land described, specifically or by reference, in Schedule A and lents affixed thereto which by law constitute real property; "public records": those records which impart constructive notice of matters to said land; "knowledge": actual knowledge, not constructive knowledge or notice- which mputed to the Insured by reason of any public records; and "date": the effective date. 'Ius Ions from the Coverage of this Policy llicy does not insure. against loss 0'1' damage by reason of the following: The refusal of any person to purchase. lease or lend money on the estate or ~overed hereby in the land described in Schedule A. Any law, ordinance or governmental regulation (including but not limited to jgydm~on~i~f thed\~~~~e~~ :~~~~cN~: t~~ ~~~~~~V~~ 3fm~~~r~g~~i~~ l~c~t~~~ugf~~y 1~~du~~~~~nhih~a~\~e~s1~~~ oOrn aSr~l: ~~na~yOfofr~~~~~~~f ;fsl~naJ.ation in owner- Governmental rights of police power or emInent domain unless notice o[ judi- n to exercise such rights appears in the public records at the date hereof. Title to any property beyond the lines of the land expressly described In A, or title to streets, roads. avenues, lanes, ways or waterways on which such :s, or the rIght to maintain therein vaults, tunnels, ramps or any other structure vernent, or any rights or easements therein unless this polley specifically prOvides l property, rights or easements are Insured. except that If the land abuts upon ore physically open streets or hIghways this policy insures the ordinary rights ng owners for access to one of such streets or highways, unless otherwise ex- . excluded herein. Defects, liens, encumbrances, adverse claims against the title as insured OJ" tters (1) created, suffered, assumed or agreed to by the Insured; or (2) known sured either at the date of this policy or at the date such Insured acquired an interest insured by this policy and not shown by the public records, unless ~ thereof in writing by the Insured shall have been made to the Company prior ~eb~~q~~i~tPf~i<ihk (~rat~)h~~~~?~ing in no loss to the Insured; or (4) attaching or Loss or damage whIch would not have been sustained if the Insured were a r--forvaiue--wlthout--knowledge. ---,-- --~---- . -- --- ,- -'------ 'ense and Prosecution of Actions - Notice of Claim to be Given by the Insured The Company. at Its own cost and without undue delay, shall provide for the )f the Insured in all litigation consisting of actions or ~roceedings commenced h~s1n~~ri~{s ~~ffc~,l~~~a~~~ ~u~~~~~~~hUfl~rga~i~~f~~tfi~l:r d~ie~~~~~W~,~n~~ ti{:; last resort. In case any such action ,or proceeding shall be begun, or defense Interposed. e knowledge shall come to the Insured of any claIm of title or interest which is to the title as insured, or which might cause loss or damage for which the , ~~:~~0~rInm;'~it~~g~i~fl:u~6 n"d~~~e S~~llt~i~t ~li~r~e~hio It'lt~u~im~~~l~ ~~~hfi~ l~~ he receipt of process or pleadings or if the Insured shall not, in writing, prompt- the Company of any defect, lien or encumbrance Insured against which shall the knowledge' of the Insured, then all Hablllty of the Company in regard to the natter of such action. proceeding or matter shall cease and terminate; provided, that failure ,to notify -shall in no case prejudice the claim of any Insured unless i~arc:.~all be actually prejudiced by such failure and then' only to the extent of The Company shall have the _ right at its own' cost to institute and prosecute )~oO~s~~g?~Sehdirhge ~rtl~o a~nrniJ~eeJ; a~~dwr~~h ci~miJ:nii~~; tr;;:~ ~~y n~~~srsoa;;;a~~ lder the terms of this polley whether or not it shall be liable thereunder and thereby concede liabillty or waive any provision of this polley. ~e If~railh~a~~~e~~eer~f t~A~ Pa(~Nfln P~:~~~C~:dr~~~i[~: i~iu~~dn~~~Ii ~~c~~~S~~U\~ t to so prosecute or provide defense In such action or proceeding. and all ap- ~rein, and permit it to use, at its option, the name of the Insured for such pur- henever requested by the Com~any the Insured shall give the Company all ; ~t~~~s:s~c~r a~tlg~eco~ti~~oc~; ~~fen~~n~f~~~~g a~il~~e~;n~r~~~~J:~~, e~~~enthe r shall reimburse the Insured for any expense so incurred. tice of Loss - Limitation of Action ition to the notices required untter paragraph 3(b). a statement in writing of or damage for which It is claImed the Company is liable under this fOIlCY shall :~dda~~t~~ ~y~t!{a~r :dii~~ :~~\1 ~~l:u:f\~r :~hI~~~r~J ~~w:;et~~alpo~kve ~~~n iYS after such statement shall have been furnished, and no recovery s~all be :he Insured under this polley unless action shall be commenced thereon within ;~ ~i~~::p~~a\,~ncoo~~~i~ceth~~~h ~~riO~er~~~I~a;~~rli~e f~~~r~b:r~~ ~t;;~fi\~~~ a conclusive bar against maintenance by the Insured of any action under this tion to Pay, Settle or Compromise Claims )mpan~ shall have the option to payor settle or compromise 'for or 1n the name lsured any claim insured against or to pay the full amount of this policy and ~~~~eFaJ:S~~\~; d~~~~:n~fisP~b:r:~~d t~~~~~~~e~li~ p":l~, cso~~i t~~~~~:i:' a{I'Ta:l?i~Y e~t the Company hereunder, 6. Payment of Loss (a) The liabIlity of the Company under this policy shall In no case exceed tn all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obigated hereunder to pay. all co:s\~) im~~:e~0~p~~nlh~li~r~~di7na~i~:~~t~0~0 caa~~I~~s~An~~r1~eaf:~i~sta~~ i~~s t~~li~~: sured, and all costs and attorneys' fees In litigation carried on by the fnsured with th'e written authorization of the Company, (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect lien or encumbrance not excepted or excluded herein removes such defect. lien or encumbrance within a reason~ ~~~~r~iJ"rn ai~~[li~~C~~~ ~far~c~r n~~:ie~lf~o~~) ~~~t~ha~~~t:entO~~n~~~i1to~~~~;d by the (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tantO' and no payment shall be made without producing thIs polley for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be fur- nished to the satisfaction of the Company. (e) When liabllity has been definitely fixed in accordance with the conditions of this polley the loss or damage shall be payable within thirty days thereafter. 7. Liability Noncumulative CoI~~~~~p~e:~l~a~n~~~S:~Oa~~h~~lf~: tn~~~~~ Otb~h~~lf3ll~Yo~S ;~~~f~d o~y a~~y ~:::r~:et~~ ?re~~t ~~r~a~~~/~~~~t~~ b~e[~:dlnt~u~~d S~~rg~lrs ~ ~he::~~ gi IT~l 0~0[~~afaen3rd:S~~1b~J or referr~d to in Schedule A. 8. Coinsuranc2 and Apportionment SUbSeq(~~nt Iro tn~e e(r~ret ~rat~i~ g~fi~~~ ~~~ g~f;rfn af~~ :~e;l~ef~~ioI"ns~~e~mE~g~~~:n~ coinsurer to the extent hereinafter set forth, If the cost of the alteration or Improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by i~: f~~~fn&:~-ili~~ri~U3~{t?s ~;6'rc\~~lneJ- [~ct~o~~ft~~p:iraoe~J:l~o~Jtt~lsaryg~~c(io~e~~si~~ provement. The foregoIng provisions shall not apply to costs and attorneys' fees incurred by the Company In prosecuting or providing for the defense of actions or proceedings in ~~~~~~do~'nt~~cI;Sa~~~n~~:upar~~et~di~:S.te:~s sg~lih~~l~~~ry 0[0 t~s~~:t~m::'?to~g ~~ ~~~ ceed, in the aggregate. an amount equal to one per centum of the face amount of this policy. Provided, however, that lithe foregoing coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premIses, as so improved, does not exceed the amount of this polley. (b) If the land described or referred to in Schedule A is divisible into separate :n~. n~~~o~t\~~~~~ ~~~:itll~Sho:d Ifaif~t~~~o~~eano~ s~~~eP~~C~I:13r~a~~~I~sg~t a~o~n~len~: bO;I~c~h~~s bdiVci~~3~:g ~~~ ::tl~e~h~nv:l~r(~:)l{~hae ~~s~ :t t~ist~~lf~~e or~~~~ts~ta;~l: independent parcel to the whole, exclusive of any improvements made subsequent to the date of this golicy, unless a liablll.ty or value has otherwise been agreed upon as to each ~~~h s~~~~l bl at~ee;~~Esa~rare~e~~eh~~~rriegr a~/~~ t~~30~sfe~~'itls:rt~~1~dofh~~~~0~01ICY 9. Subrogation upon Payment or Settlement ro~~~onne~tral\h~e;iO~prhnl ~~~~a~~v~ns:lf~~te3 ~~a~~y u~c1e~ftr~~ ~g~~red~I~:Jgat S~~l~u:; subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had thIs poliCY not been issued. If the payment does not cover the loss of the Insured. the COu\pany shall be subrogated to such rights and remedies In the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured. such act shall ~~~tV~lda~~i~o~~I:~~ur~~t at::I~~~~~~rnd~r t~~lc~v:~;ils~:~~e~e th~q~~~n\~ ~a~n~~l~s\hr~ ~~~ u~~:;aa~~ ~here~~~p~~yt,hes~:3ra ~~~~7~r O~oth~h~lg~J~f a~~br~lfa~II~r:.'tsT~~ln~~~:dl~~ against any person or &roperty necessary In order to gerfect such right of subro1atlon. ri~~:t~~~ ~;;orr~ln~hiuc~n;f:g~ ~or ~~~~~Tes~ame of t e Insured In any transact on or 10. Polley Entire Contract Any action or actions or rights of action that the Insured may have or may brlna- ~~a~g~t ~~~v~f~~a~l t~r~s';oiig;.t ot the status of the title insured herein must be base No provision or condition of this policy can be waIved or changed exc~t by writing ~~~~:::~Y. h:~~nss~k~~t~~~ta~~e~~ ~~~~:dva~l~a~r~g ~~~f~~in~f rhevg~mp~~~~ent, the 11. Notices. 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