LARRY AND BETTY JANE DIMMITT
AMOUNT
NO. R 52218
(GOZA SERIAL #3)
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OWNER'S POLICY
TITLE INSURAN~E ~ORPORATION OF ST. LOUIS
A STOCK COMPANY
a corporation of the State of Missouri (herein called the Company), for a valuable consideration paid for this Policy of
Title Insurance, Does Hereby Insure
CITY OF CLEARWATER.
a municipal corporation under the laws of the State of Florida
(herein called the Insuredt-againstloss or damage not exceeding SEVENTY -ONE THOUSAND TWO HUNDRED
FIFTY and no/100
which the Insured shall sustain by reason of the title to the real estate described in Schedule A being vested at the date
hereof otherwise than as therein stated, or by reason of any defect in, or lien or encumbrance on, said title, at the date
hereof, other than the defects, liens, encumbrances and other matters set forth in ScheduleB, all subject, however, to the
conditions and stipulations hereto annexed, which conditions and stipulations, together with said &hedules A and B, are
hereby made a part of this Policy.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company. This policy is effective as of the ~ day of
J'AltUARY,.' ,19 69.
Countersigned:
~"'-~~~~~;~...............
First Vice-President
SCHEDULE A
1. The fee simple title to said real estate is at the date hereof vested in
CITY" OF CLEARWATER,
aiiiUnICipaJ. corporation under the laws of the State of Florida *
2. This Policy refers to the following described real estate situated in the
and State of Florida. , to wit:
County
Pinellas
of
LOTS TEN (10). ElEVEN (ll) and TWELVE (12),
BLOCK SIX (6).
MAGNOLIA PARK SUBDIVISION,
accorciing to map or plat thereof as recorded in
Plat Book J.page43. of the public records of
Pinellas County, Florida
*Warranty deed dated January 2, 1960. and acknowledged on January 2, 1960 (but
.<ID _~f:!kllJlEin~__i t~,eU"an.d.1n__ackno:wled..gQleIlt _appeart..Q haye~:bee.n_
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3. W enever tn'" mpany s all ave'pal 0 c a
under this Policy, it shall be entitled to all the rights, securities
and remedies which the Insured would have had against any
other person or property in respect to such claim, and the
Insured shall transfer, or cause to be transferred to the Com-
pany such rights, securities and remedies and permit it to use
the name of the Insured for the recovery or defense thereof.
Anv net sum collected on such rights, securities and remedies
ove~ and above the amount of loss, court costs and attorneys'
fees paid by the Company shall belong, and on demand shall be
paid to the Insured, and the Insured, warrants that such rights,
securities and remedies shall vest in the Company unaffected
by any act of the Insured.' '
4. A statement in writing of any loss or damage for which it
is claimed the Company is liable under this Policy, shall be
furnished to the Company within sixty days after such loss or
damageshall have been determined, and no right of action shall
accrue to the Insured under this Policy until thirty days after
such statement shall have been furnished, and no recovery shall
be had by the Insured under this Policy unless action shall be
commenced thereon within one year (five years if the land cov'
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the Company,up to and including the amount u,npatd upon ,~nr.
deed of trust or mortgage so insured a,qd shown m Schedu~e B
of this Policy, befote any payment IS made of any portlOn ?f
such loss to the party herein insured, and the amoun~ so paId
upon said Mortgagee's Policy or Policies shall be consIdered as
a payment of that amount upon this Policy and shall reduce
this Policy pro tanto,
8. The Company shall not be li:ib1e for 10~s or damage, result,
ing from any fraud of the Insured, or any fraud of w~lch the
Insured shall have notice at the date hereof; or resu1tmg from
defects, liens, or encumbrances created or suffered by the
Insured, or existing at the date hereof, and then known to the
Insured; and the Company shall not be liable for any loss or
damage resulting from any defects, liens or encumbrances
created subsequent to the date hereof.
9. Nothing contained in this Policy s~a~lbeconstrued as an
insurance against any action by anymumclpal or governmental
agency for the purpose of regulating t~e use, occupan~y" or
zoning, of the real estate described herem, or of any bU11dmg
or structure thereon.
10. This Policy is not assignable.
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CITY OF CIEAR\1ATER, a municipal corporation under the laws of
the State of Florida
filed for record January ll, 1960 and recorded inO.R. 796. page 3,54, of the
public records of Pinellas County, Florida.
SCHEDULE B
Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure.
, hereinbelow reported, do
NOTE: This Policy is to be read as though exceptions numbered -------------
not appear hereon.
'1.-'Thelien oTtheGE1-l"ERAL T AXES~f()~-the~y~arOi9OU--a~dthere~1ter.' .
2. The lien of any SPECIAL TAXES or ASSESSMENTS entered against said property subsequent to the date hereof,
none being now due or payable.
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3. MECHANICS' LIENS: Statutory liens of general contractors, sub-contractors, material men, mechanics, or laborers,
of which no notice appears of record.
4. SURVEY: Any encroachments, easements, measurements, party walls, or other facts which a correct survey of the
premises would show.
5. RIGHTS or claims of parties in possession not shown of record.
6. ROADS, ways, streams or easements, if any, not shown of record.
7, RIGHTS claimed in appliances or personal property attached or unattached to the real estate or buildings.
8. RESTRICTIONS:
none
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CONDITIONS AND STIPULATIONS
OWNER'S POLICY
1. Tlie'Cc>mpanywill at itsowIlcost defend, and shall have
the right to defend the Insured in all actions founded upon a
claim of title, defect, lien or encumbrance insured against by
this Policy and may pursue such litigation to final determination
in the Court of last resort. In case any such action shall be begun
and the Insured shall receive notice of, or have actual knowl-
edge of, any such action, or in case any actual knowledge shall
come to the Insured of any claim of title, defect, lien or encum-
brance insured against by this Policy, which might cause loss
or damage for which this Company shall or may be liable, the
Insured shall within ten days after receiving such notice, or
having such knowledge, give notice of same in writing to the
Company and within the same time deliver to the Company,
any claim or process served upon, or delivered to, the Insured.
If process in any action, returnable within less than ten days,
be served upon the Insured, or if any claim, demanding any
action on the part of the Insured within less than ten days, be
! made to the Insured, then the Insured shall give immediate
notice of such claim or process in writing to the Company, and
immediately deliver same to the Company. The Insured shall
secure to the Company the right to defend against such action,
and to compromise or contest any such claim, and permit it to
use the name of the Insured for such purpose, and pursue such
defense or contest to a Court of last resort. If the Insured shall
fail to comply with any of the terms of this stipulation, then the
Company shall not be liable to the Insured for any loss or damage
the Insured may sustain on account of any such action or claim.
2. The Company reserves the option to' payor compromise,
in the name of the Insured, any matter insured against, or to
pay this Policy in full, and payment or tender pf payment of
the full amount of this Policy shall terminateallliCibiIity of the
,.,' Companynereunder. -
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,nered by this Policy is situated in either the State-GLKansas or
the State of Nebraska) after the expiration of said thirty-day
period. Failure to furnish such statement of loss or damage, or
to commence such action within the time hereinbefore speci,
fied, shall be a conclusive bar against maintenance by the Insured
of any action under this Policy. No claim for loss or damage
shall be made under this Policy until there has been a final
judgment or decree of a Court of Competent Jurisdiction,
adverse to the title of the Insured, to the premises or some
part thereof described in Schedule "A", or until there has
been such final judgment establishing a lien, charge or encum,
brance, against the premises or some part thereof described in
Schedule "A", under which the interest of the Insured may be
divested. No judgment or decree shall be deemed a final judg,
ment or decree so long as any review of the same may be had
according to law. '
5. The Company will pay, in addition to any loss insured
against by this Policy, all costs imposed upon the Insured in
litigation carried on by the Company for the Insured under the
requirements of this Policy, but will in no case be liable for the
fees of counsel or attorneys employed by the Insured. The
liability of the Company under this Policy shall in no case ex'
ceed the actual loss of the Insured and costs which the Company
is obligated hereunder to pay, and in no case shall such total
liability exceed the amount of this Policy.
. 6. All payments under this Policy shall reduce the liability
of the Company by ~he amounts of such payments, and no
payment can be demanded without producing the Policy for
endorsement of such payment. If the Policy be not so produced,
indemnity satisfactory to the Company must be furnished.
7. ~oss;-l~ ~ny, under this Policy shall be payable to the
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,I FORM 1102 Florid. WARRANTY DEED-(St.tutOty Ft>,m,)
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6L':;(V~, 4.1 A TUTBLANX REG'STERED U, S, PAT, OFFICE
1(". '.. -..' Tuttle Law Print, Publishers, Rurland, Vr,
Jl!i~ Jnbttnfu;,;'9S PAGE~354
/
Wherever used herein, the term upartyu shall include the heirs, personal representatives,
su.ccessors a1td / or assi~ns of the respective partl~e8 hereto; the lUM of the sin~ular number
shall include the plural, and the plural the sinJular; the use of any gender shall include
all genders; and, if used, the term "note" shall include all the notes herein described if more
than one
Made this 3Qtl1 day of Decemb,r, A. D. 1.9 59,
Between LARRY DIMMITT, JR. and BETTY JANE DIMMITT, his wif e,
of the County of Pine lla s
party of the first part, and
CITY OF CLEARWATER, a municipal
state of Florida, whose mailing
in the State of
Florida,
corporation under the laws of the
address is: L'''/ectY''''/C2,/er?1~.
)
of the County of Pinellas in the State of Flor ida,
party of the second part,
Witnesseth, that the said party of the first part, for and in consideration of
the sum of other valuable considerations and Ten Dollars,
to him in hand paid by the said party of the second part, the receipt whereof is hereby
acknowZedjed, has granted, bargained and sold to the said party of the second part
forever, the following described land, situate, lying and being in the County of
Pinellas , State of Florida, to wit:
LOTS TEN (10), ELEVEN (11) and TWELVE (12),
BLOCK SIX (6),
MAGNOLIA PARK SUBDIVISION,
according to map or plat thereof as recorded in
Plat Book 3, page 43, of the public records of
Pinellas County, Florida
SUbject to easements and restrictions of record and to
t,axe s" for "th eye ar 1960
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DOCUMa'!T~,J:1Y~~STf\MP T,^.X
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: And .the s'~idparty'olih~ first partdoesnerebiiliillywarniid the~7;itrii"t(r sa-(d~lan-d~-
and will defend the same against the lawful claims of all persons whomsoever.
In Witness Whereof, the said party of the first part has hereunto set his
'hand and seal the day and year first above written.
Signed, Sealed and Delivered in Our Presence:
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I ~ U rAGE' Q;)
County ofP INELLAS
I HEREBY CERTIFY, That on this day per.'wnally appeared before
officer du,ly authorized to administer oaths and take acknowledtments.
LARRY DIMMITT, JR. and BETTY JANE DIMMITT, his wife,
me, an
to me well known and known to me to be the individual sdescribed in and who
ex~huted the foretoint deed, and they acknowledted before me that
t ey executed the :wme freely and voluntarily for the purposes therein expressed.
WITNESS my" hand and official seal at Clearw at er,
County of r:>inella s , and State of Florida, this 30tA
day of ,Dee'eIIDb;er , A. D. 19 fS9.
?
My Commission Expires
Notary Public
Not.'1ry Publi~, St8t" of FJ .
My' cor;'?r:"~.:3::!Cn eX~i:'n,.. ?:~da ~t l.nn:~
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"-8-60 00853**** **3.25
No. C
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Date
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AVERY W. GILKERSON
CLERK CIRCUIT COURT
J/ h PI NELLAS COUNTY
I1tLV CLEARWATER, FLORIDA
~R?D;~~~
FEES, DOCUMEHATRY Ii TOTAL
/l FOR RECORDING: ETC. STAMPS
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V From To
From To
From To
From To
Misc'l.
CI'ks Ct'f. No. ~
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Sub Total ~
Credit to Deposit ledger, Acct. of: / ',',
TOTAL .- / " 2 Lt;
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RECEIVED OF
By -pP,)LAj . D. C.
NOT A RECEIPT UNTIL VALIDATED
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MECHANIQIS LIEN CERTIFICATE
STATE or FDOR!DA
COUNTY OF P IlmLLAS
Before me. the undersigned Notary PUblib, pe~~6~1Iy appeared
LARRY DIMMITT, JR. and BETTY JANE DIMMITT, his wife,
personally known to me and who being first duly sworn states on oath:
That they are
the owner and in possession of the following descriped property.
situate in Pinellas County, Florida
Lots 10 - 11 - 12
BLOCK 6
MAGNOLIA PARK SUBDIVISION,
according to map or plat thereof as recorded in
Plat Book 3, page '+3, of the public records or
Pinellas County, Florida
That there are no outstanding bills or claims by reason of
labor performed or ma~erials furnished for the improvement of said
property.
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Larry Di. ~
--- -- --- - --,----_.----- --,-.
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Bett " ane D1mmit
SUBSCRIBED AND SWORN TO
befO!'e_ me this ~ 30.1 lq f'9,
Q \ ~ QD1-lL A' I €M-/
NCltary Public
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P. O. BOX 246
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LAW OFFICES
WILLIAM M. GOZA.
FIRST FEDERAL BUILDING
CLEARWATER. FLORIDA
December 30, 1959
H. H. Baskin, Jr., Bsq.
First Federal Building
Clearwater, Florida
Dear Ham:
;:'.
Re: Larry Dimmitt, Jr., to City of
Clearwater
Attached hereto, III connection with the
above transaction, you will find the following:
1.
Warranty Deed, Larry Dimmitt, Jr., et ux,
to City of Clearwater.
2.
Satisfaction of mortgage, Edna W. Goza to
Larry Dirrmitt, Jr., et ux, covering mortgage
recorded in Mort~age Book 1100, page 595.
3.
Partial Release of ~ort~age, same parties as
"2" above, releasing ca1Jtioned property from
mor tgage, recorded in O.R .310, page 274.
4.
5.
Mechanic~ Lien Affidavit.
My trust account check for documentary
stamps on deed, as follows:
State $142.60
Federal ~ 78.65
and for recording satis-
faction of mortgage
Recording oartial release
of mortgage
1.50
1.~5
$224-. 0
It is understood that this transaction will be
closed as of Saturday, January 2, 1960. You are authorized to
deliver the instruments on that date, upon forwarding to me a
check from the City of Clearwater, payable to WILLIJl.M N. GOZA
TRUST ACCOUNT for the balance due under the contract.
~1G
et
Cordially
ours,
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,PO, ,RMII1,3 FLORI,DA partialR......OITrtsas. 6f;07'l6A TUTeLAJkR....,.~29fi,.a\G&;J57
" . " , ' " I Tutt/eLawPrint;PublisllerB,RuIl8nd.'vt.
]{nnw!11ll&nJlt!&tfmitnts.
Whereas, LARRY DIMMITT, JR. and BETTY JANE DIMMITt', hi~ wife,
by Indenture 01 Mortlale bearinl date the 28th day 01
I March .d. D. 19 58 ,and recorded in the ofltce 01 the Clerk 01 the
~rcuit Court in and jor tM Coun'tIJ of Pinellas , State 01 Florida,
I Ion Official Record Book 310 pate 274 , franted and conveyed unto
EDNA W. GOZA.
. " . ' . . andassitM,
the premues therein partz.cularly descnbed, to secure the payment 01 the sum' 01
Other valuable considerations and Ten doUarB,
with interest as therein mentioned:
And Whereas the said LARRY DIMIHTT,JR. and BE'L'TY JANE DIMMITT,
his wife
requested the said EDNA W. GOZA
to release the premises hereinalter described, belnt part of Baid morttated
premises, from the lien and operation 01 said Morttate:
Now, Therefore, Know Ye, That the said EDNA W. GOZA
as well in c07UJideration 01 the premises as 01 the sum 01
other valuable considerations and Ten doUars,to her
in hand paid by the said
LARRY DIMMITT, JR. ET DX .'" . " .
) at tke time 01 the gecution hereol, the recetpt whereol
is hereby acknowledted, doesremise, rel~e, quit-claim, eronerate a1Ui discharte
Irom the lien and operation 01 said morttate unto the satd
LARRY DIMHITTJR. ET UX, . . . "
the ir' ,hez.rs and tJ.8sz.t7UJ, all that pl,ece, parcel or tract
c. "~ of land, beint a part of the premises conveyed by said mortlale, to-wit:
.....
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Lots TEN (10), ELEVEN (11) and ~4ELVE (12), ~lbck SIX (6),
MAGNOtIA BARK~ according to map or plat thereof as recorded
in Plat Book j, page 43, public records of Pinellas County,
Florida
To Have and to Hold the same, with the appurtenances, unto the said
LARRY DIMMITT, JR. ET UX
and a8sitns foreuer,fr-eed,'Q;()nerated'and-discharled-of-andI1'OTnr tke-lien ,01 said
morttate, and every part thereof; Provided, always, 1I,evertheless, that nothint here-
in contained shall in anywise impair, alter or 'diminish the e11ect, lien or incumbrance
of the aforesaid Mortlale on the re-mainint part of Baid morttated premises, not
hereby released therefrom, or any of the rithts and remedies 01 the holder thereof.
In Witness Whereof, the said Morttaleeha s hereunto set her
hand and seal this 22nd day of December 19 59.
Signed, Sealed and Delivered in Presence of:
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g~~?CL W, Jt~
State of Florida,
County of PINELLAS
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I, an ol!tcer authorized to take acknowledtments 0/ deeds, hereby certify J
that
EDNA W. GOZA
personally known tome to be the individual named in and whoQ;ecuted the /ore-
toint imtrument, and that said individual this dayacknowledted be/ore me that
sheeucuted said instrument.
My CommissUm Expiru
WITNESS my hand and official seal, this 22nd
day 01 December ,./1. D. 19 59 , at
Cle arwa t er in said Oountyand State.
21~Q6).CL -A-1Ie.t<./
Notary Public
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TUTBLANX REGISTEREO u.5 PAT. OFFICE
Form 1116 Florida SATISFACTION OF MORTGAGE. 66{)''"'''/lSh Tuff/eLawPnnr,Pub!t:shers.Ru//and.L-7
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That EDNA W. GOZA, the surviving spouse or W. M. GOZA, deceased,
the owner and holder
of a certain mortgage given by LARRY DIW,~ITT, JR. and BETTY JANE DIMMITT,
his wife,
to EDNA W. GOZA
bearin$! date the 6th day of August , .11. D. 19 55, recorded in
~ Records Book 1100page 595 in the office of the Clerk of the Circuit Court
of Pinellas County, State of Florida; given to secure the sum of
other v~l11able considerations and Ten Dollars,
emaenceaby a certmn note , upon the following described
property, situate, lying and being in Pinellas County, State of
Florida, to wit:
Lots TEN (10), ELEVEN (11), and TWELVE (12),
Block SIX (6) of MAGNOLIA PARK SUBDIVISION
according to map or plat thereof as recorded
in Plat Book 3, Page 43, public records of
Pinellas County, Florida
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have received full payment of said indebtedness, and do hereby acknowledge satis-
faction of said mortgage, and hereby direct the Clerk of the said Circuit Court to
cancel the same of record.
Witness her
.11. D. 19 59.
hand and seal this
22nd
day of December
,
Signed, Sealed and Delivered in Presence of;
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State of Florida,
County of
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I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments,
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EDNA W. GOZA, the surviving spouse of W..M. GOU ,f!~CWM~own to be
the per.<wn described in and who executed the foregoing :'/atisfaction piece, and
she acknowledged before me that she executed the same for the
purposes therein expressed.
IN WITNESS WHEREOF, l have hereunto set my hand and afJi,xed my official
seal at Pinellas , said County and State, this 22nd day of
December . .11. D. 19 59. (\
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, '.:~ >I.~~t,arl Pl,Jbfic. State of Florida nt Large Notary Pu,blic
,~' ,. ' '1'I\>':.~b':!1r;n":~:,)n expires A;,; 7" 4 }I',63 My Commission Expires
.>..~ ,ilQile.t;~ l.:i i.I'!!;' ~Onclng ~ I{lsura~oe Co
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OPTION TO PURCH;~R
LARRY DIMMI'IT, JR. and his wife, BETTY JANE DIMJVIITT,
the "Optionors", in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations received
from CITY OF CLEARWATER, FLORIDA, a municipal corporation,
the "Optionee", hereby on this )iA4!day of February, 195~,
give the Optionee the privilege of purchasing within the
timehereinafter stated, for the purchase price of Seventy
One Thousand, Two Hundred and Fifty Dollars ($71,250.00),
to be paid as hereinafter provided, of which the considera"
tion paid for this Option is a part, the following described
real property in Pinellas County, Florida, to"wit:
All of Lots 10, 11 and 12, Block 6, Magnolia
Park Subdivision, according to map or plat
thereof as recorded in Plat Book 3, Page 43,
Public Records of Pinellas County, Florida,
subject to right-of-way of public thoroughfare
and railroad rights"of-way, if any,
under the following terms and conditions:
(1) This Option shall expire on Tuesday, March 3,
1959, unless Optionee shall pay over and deliver to the
Optionors the further sum of Four Thousand Nine Hundred and
Ninety Dollars ($4,990.0g) in cash, thus making a total of
Five Thousand Dollars ($5,000.00) paid for this Option of
which the total consideration paid for this Option shall
be app~ied toward the total purchase price of saidproperty
as set forth above.
(2 ):Erov i ded the. opt iQnor s .~:I."e pa.id.tJ::l:.e.~~uI't~eI"..sum
of money set forth in Item (1) above and on the date set
forth therein, this Option shall continue in force for a per-
iod of six (6) months from March 3, 1959, and shall be ex-
ercised by the Optionee notifying the Optionors in writing
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within said time limit of Optionee's intention to exer-
cise the same, whereupon this Option shall then become
an Executory Contract.
(3) Within twenty (20) days from the exercise
of the Option, the Optionor agrees to deliver to Optionee
an abstract of title to said real estate, or a written
title commitment issued by some recognized title Insurance
Company doing business in the State of Florida, binding
that company to insure the title in the Optionee upon the
consummation of this agreement. If an abstract is furn-
ished, such abstract shall bring the title down to the date
of the Option, or later, and shall show a good record, un-
encumbered fee simple title in the Optionor except as herein
otherwise provided. The Optionee shall have fifteen (15)
days after the delivery of said abstract, or title commit-
ment, for the examination thereof, and within said period,
shall notify the Optionor in writing of any objections to
said title. If this notification is not given within the
time stated, then said title shall be conclusively deemed to
be acceptable to the Optionee. In the event that the title
of the Optionor is not good and marketable, of record, the
Optionor shall have a reasonable time thereafter to perfect
the title andwill, in good faith, exercise due diligence
to do so; and if the defects are not cured within a reason-
able time, then the Optionee may demand a return of all sums
paid under this Option, including the consideration paid for
this Option, or waive the defects and accept the property
without deduction on accout of said defects.
(4) In the event that this Option is exercised, the
sale shall be closed not later than sixty (60) days from the
date of the exercise of this Option.
(5) At the time of closing, the purchase price shall
be paid as follows:
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(a) By credit of the sum of $5,000.00 previous-
ly paid in cash.
(b) By payment of the further sum of $16,250.00
at closing.
(c) Balance to be paid in cash on, and not be~
fore, January 2, 1960, without interest.
(6) At the time of closing, Optionors shall exe-
cute and deliver to Optionee a good and sufficient war-
ranty deed conveying to Optionee a fee simple, merchantable
title of record, free of all encumbrances.
(7) The costs of closing shall be borne by the re-
spective parties, in accordance with prevailing real estate
practice in this area.
(8) This agreement shall be binding upon the suc-
cessors and assigns of the respective parties hereto.
Signed, sealed and de-
livered in the presence
of:
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La~ry -i~
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Be ti~ne DimmJ.tt, 1S wife
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally
appeared Larry Dimmitt, Jr. and his wife, Betty Jane Dimmit~,
who after being by me duly sworn on oath depose and say that
they executed the above and foregoing Option to Purchas~ fQr
the purposes therein set out.
Sworn to and subscribed before me, this .2 3 day of
February ,195-9..-_ _,_u __~_~_~,__
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