A WALLER AND EVA SMITH
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WARRANft' DEED
DREW'S FORM 01 (REV.)
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ManUfaCluJ and f~;~ale !~e~~ }~~~rew ~m~nY
- Jacksonville, Florida
This ltltarrantg Jeed Made the
first day of
September A D. 1964
by
A. WALLER SMITH and EVA W. SMITH, his wife,
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA, a municipal corporation,
whose postoffice address is PO Box 1348, Clearwa te r, Florida,
hereinafter called the grantee:
(Wherever used herein the terms '''grantor'' and "grantee" include all the parties to this instrument and
the heirs, legal representatives and _' assigns of individuals, and the successors and assigns of corporations)
ltttfitnessdh: That the grantor, for and in consideration of the sum of $ 1. 00
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,
mises, releases, conveys and confirms unto the grantee, all that certain land situate in
County, Florida, viz:
and other
sells, aliens, re-
.;...........
Lots 9 and 10, Block 5, Gould and Ewings Second
Addition according to map or plat thereof as recorded
in Plat Book 1, page 52 of the Public Records of
Hillsborough County, Florida, of which Pinellas County
was formerly a part,
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J ogether with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining .
10 JlalJe and to JlDld, the same in fee simple forever.
ltnd 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, 1963.
In ltltitness ltlthereDf, the said grantor has signed and sealed these presents the day and year
first above written.
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STATE OF FLORIDA
COUNTY OF PINE LLAS
SPACE BELOW FOR RECORDERS USE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared
A. Waller Smith and Eva W. Smith, his wife,
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',\-:~lct.;,fue ~)(IJP~ll,to be the personS described in and who executed the
'''.~fotegoihi it,tsti.'lJment and they acknowledged before me that they
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:j .:1"',) i --{,V'>. '..' \ ',:; WITNEss my hand and official seal in the County and
: r:,~: ,~ ,..' <~' ;: :',~ State last aforesaid this first day of
: ..:.;\ I .~ ,;" - September , A. D. 1964
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My Commission Ex~':res June 24, 1 S66
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Corporation SATISFACTION OF MORTGAGE. 741186?7iJ. ~.42j.1 r,~GE 276
· '. ]{n1lW!nDltnjl1!&~.
That First National Bank of Dunedin N/K/A Sun First National Bank'
of Dunedin, a national banking association existing under the laws
~XZixJilWxxjgmu;/JDxliex~ of the United States of America , holder of
a certain mortgage given by City of Clearwater, Florida
toA. Waller Smith and Eva W. Smith, his wife,
bearing date the first day of September , A. D. 1964 , recorded i7h
Official Record Book 1994 page 603 in the office of the Clerk of the Circuit ('unrt
of Pinellas County, State of Florida; given to secure the SU7l1 of
One Hundred Thousand and NO/IOO ($100,000.00) ----------------Dollars,
evidenced by one certain note , upon the following described
property, situate, lying and being in Pinellas County, Slate of
Florida, to wit:
Lots 9 and 10, Block 5, Gould and-Ewings Second Addition
according to map or plat thereof as recorded in Plat Book 1,
page 52 of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
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has received full payment of said indebtedness, and does hereby acknowledge satis-
faction of sa.id mortgage, and hereby directs the Clerk of the said Circuit Court
to cancel the same of record.
W it.ness the signature and seal of said corporation, by its Ass istant Vice
Presid~f1P:.'&,"~~sh~er
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this
30th
day of August
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SUN FIRST NATIONAL BANK
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State of JFIoJr'ida~
C([bll.mty I{}f Pinellas
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I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknuwled gments, Andrew M.
Wersching, Assistant Vice President and Thelma R. Chalk, Cashier
of Sun First National Bank of Dunedin K~~~Nn,
to me well known to be the person s described in and who executed the foregoing
satisfaction piece and duly acknowledged before me that they executed
the same for the purposes therein expressed as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal at Duned in ,said Countyand State, this 30th
day of August , .11. D. 19," !~(~,".,,'::::{'~::8~^i:,,", .f,,' ',',' "..,"'.'.',..", j~,4 ,.,L" "~J-
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MORTGAGE LOAN DEPARTMENT
September 23, 1974
City of Clearwater
P. O. Box 1368
Clearwater, Fla. 22517
Re: Lots 9 and 10, Block 5, Gould and Ewings 2nd
Addition. M6rtgage amount: $100,000.
Gentlemen:
We are enclosing the folbwing items pertaining to the
ca~tioned loan which has been paid in full:
Paid Note
Recorded Mortgage Deed
Recorded Assignment of Mortgage from A. Waller Smith
Recorded Satisfaction of Mortgage from our bank to
A. Waller Smith
A b s t r a ct 0 f Tit I e for Lot 1 0, B 1 0 c k .5, Go u I d and E wi n g I S
2nd Addition, as prepared by Pinel1as County Title Company,
thei r No. 6403.
Abstract of Title for Lot 9 in Block 5 of Gould & Ewing's
2nd Addition as prepared by Pinellas County Title Company,
thei r No. 13,620.
Abstract of Title for Lots 9 and 10 in Block 5, of Gould and
Ewing's 2nd Addition to Clearwater Harbor, Florida, as
prepared by Pinellas County Title Company, their No. 14,643.
We would appreciate your signing one copy of this letter as
our receipt for our files.
Sincerely yours,
~~~
Louise Bose
Mortgage Loan
RECEIVED BY:
Department
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9/23/74
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P. O. Box 70 / Dunedin, Florida 33528 1(813) 733-3121 . Member First at Orlando Corporation
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~ITY ~f U~ARWAHR
ROBJT L. "BOB" WEATHERLY. MAYOR
COMMISSIONERS
CLEVELAND INSCO, JR.
AMOS G. SMITH HERBERT FIELDS
JOE TURNER, SR.
POST OFFICE BOX 1348
JAMES R. STEWART. CITY MANAGER
HERBERT M. BROWN. CITY ATTORNEY
OWEN S. ALLBRITTON III, MUNICIPAL JUDGE
R. G. WHITEHEAD, CITY CLERK
Clea'utTaU:.'l., 9fo'l.ida,
33517
August 12, 1964
City of Clearwater
Clearwater City Hall
Clearwater, Florida
Re: Lots Nine (9) and Ten{lO) in Block Five (5) of
Gould and Ewing's 2nd Addition to Clearwater
Harbor, Florida, according to the map or plat
thereof as recorded in Plat Book One (I), page
Fifty-two (52) of the Public Records of Hillsborough
County, Florida, of which Pinellas County was
formerly a part.
Gentlemen:
In accordance with your request, I have examined the following ABSTRACTS
OF TIT LE purporting to reflect the title to the captioned property:
ABSTRACT OF TITLE NO. 7322, prepared by PINELLAS
COUNTY TITLE COMPANY, Clearwater, Florida, consisting
of PAGES ONE (I) through ONE HUNDRED FORTY -SEVEN
(l47) inclusive, covering the period of time from the earliest
public records of Hillsborough County, of which Pinellas County
was formerly a part, through September 12, 1944, covering
Lot 9 in Block 5.
ABSTRACT OF TITLE NO. 103672, prepared by WEST COAST
TITLE COMPANY, St. Petersburg, Florida, consisting of PAGES
ONE (1) through SEVEN (7) inclusive, covering the period of time
subsequent to September 12, 1944 through May 13, 1946, covering
Lot 9 in Block 5.
ABSTRACT OF TITLE NO. 13620, prepared by PINELLAS COUNTY
TITLE COMPANY, Clearwater, Florida, consisting of PAGES ONE
(1) through TWENTY -EIGHT (28) inclusive, covering the period of
time from May 13, 1946 through October 11, 1961, covering Lot 9
in Block 5.
~
-CITY OF CLEARWATER I
Page 2
,
August 12,' 1964"
ABSTRACT OF TITLE NO. 6403, prepared by PINELLAS COUNTY
TITLE COMPANY, Clearwater, Florida, consisting of PAGES ONE
(1) through ONE HUNDRED SEVENTY -ONE (171) inclusive, covering
the period of time from the earliest public records of Hillsborough
County, of which Pinellas County was formerly a part, through
October 11, 1961, cove ring Lo.t 10 in Block 5.
ABSTRACT OF TITLE NO. 14643, prepared by PINELLAS COUNTY
TITLE COMPANY, Clearwater, Florida, consisting of PAGES ONE
(1) through SIX (6) inclusive, covering the period from October 11,
1961, through July 20, 1964, covering both Lots 9 and 10, in
Block 5.
Based on such examination, I find that title to said property appears to be
vested in A. WALLER SMITH and EVA W. SMITH, his wife, subject to
the following exceptions and objections:
(1) SURVEY: Exception is taken to any state of facts which
might be disclosed by an accurate survey of the premises.
(2) PARTIES IN POSSESSION: Exception is taken to the rights
of any persons in possession if other than the above named OWners.
(3) ZONING ORDINANCES: This property is located within the
corporate limits of the City of Clearwater, Florida, and is
subject to said City's applicable zoning ordinances.
(4) REAL PROPERTY TAXES for the calendar year 1964.
(5) EASEMENT: Subject to restrictions and easements of record
and any road rights of way.
(6) MECHANIC'S AND MATERIALMAN'S LIENS: Subject to any
unrecorded liens by mechanics or materialmen in connection
with the erection of any improvements upon said captioned
premises.
(7) Your attention is called to Page 63 of Abstract of Title No. 7322,
prepared by Pinellas County Title Company. Said page sets
forth a Quit Claim Deed, dated November 13, 1923, acknowledged
July 10, 1924, and filed July 31, 1924 in Deed Record 214, page
206 of the Public Records of Pinellas County, Florida, from
Grace Gould Grady, joined by her husband Henry W. Grady,
of Fulton County, Georgia, to J. W. Williamson of Pinellas
County, Florida, purporting to convey Lot 5 of Block 9 of
Gould and Ewingts Second Addition to Clearwater, Florida.
At the time of the said conveyance, the Grantor, Grace Gould
Grady owned an undivided one-half interest in Lot 9 of Block 5
of Gould and Ewing's Second Addition to Clearwater, Florida,
. CIT~Y OF CLEARWATER I
Page 3
,
August 12, 1964
and it appears that the intent of the Grantor was to convey
her interest in said Lot 9, Block 5 of Gould and Ewing's
Second Addition to Clearwater, Florida, but there was an
error in the description of the real property in said deed.
Page 82 of Abstract of Title No. 7322 sets forth a tax deed,
dated March 14, 1933, filed May 16, 1933 in Deed Record 679,
page 639 of the Public Records of Pinellas County, Florida,
from the State of Florida to State Adjustment Company, con-
veying Lot 9, Block 5, Gould and Ewingrs Second Addition
to Clearwater, Florida. Page 104 of Abstract of Title No.
7322 sets forth a Special Master's Deed dated January 13,
1936, filed January 20, 1936 in Deed Book 735, page 591 of
the Public Records of Pinellas County, Florida, from Lewis
T. Wray as Special Master in Chancery to Myrtle OIQuinn,
conveying Lot 9, Block 5 of Gould andEwing1s Second Addition
to Clearwater, Florida.
Due to the expiration of a period of approximately forty (40)
years from the date of the erroneous description in the deed
from Grace Gould Grady, et ux, to J. W. Williamson, as set
forth in Page 63 of said abstract, together with the tax deed
as set forth in Page 82 of said abstract and the Special Master's
Deed as set forth in Page 104 of said abstract, and the fact
that the present record title holder and his predecessors in title
have been in continuous, uninterrupted, open possession of
said property with all real property taxes having been paid
thereon since November 13, 1923, I feel that the error in said
deed legal description is not a substantial and material objection
to the merchantability of the title to said Lot 9, Block 5 of
Gould and Ewing's Second Addition to Clearwater, Florida.
In my opinion, a WARRANTY DEED properly executed by A. WALLER SMITH
and EVA W. SMITH, his wife, would convey a good and merchantable title to
this property, subject to the exceptions and objections noted above.
R,J'1SpectfU,!l ll:;:.y""", ,/,iub , itted",C;
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, Gu;i) Ken dy, Jr. ~)/
GLK:br Assyttant Ci y Attornd L
P.S. Attached hereto and made a part of this OplnlOn is a letter from L. Y. Douglas,
Attorney at Law, Clearwater, Florida, wherein he states that as a title examiner
for Pinellas County Title Company, he would not hesitate to approve the title of
Lot 9, Block 5 of Gould & Ewing's Second Addition for title insurance as of the date
Mr. and Mrs. Smith acquired title, which was November 1, 1961.
G. L. K., Jr.
,<'
E.B.CASLER
L. Y. DOUG LAS
..JAMES A.BAXTER
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CASL..ER, DOUGL..AS S. BAXTER
ATTORNEYS AT LAW
DAVEY' McMULLEN BUILDING
CLEARWATER, FLORIDA
33517
PHONE 446-0559
P. O. BOX er7
August 13, 1964
Guy L. Kennedy, Jr., Esq.
501 South Ft. Harrison Avenue
Clearwater, Florida
Dear Guy:
I represented Mr. A. Waller Smith and Eva W. Smith,
his wife, in connection with their purchase of
Lot 9 in Block 5 of GOULD & EWING I S SECOND ADDITION
TO CLEARWATER and in connection with such represen-
tation made an examination of Abstract of Title
No. 13,620 and Continuation No. 14,643 compiled by
Pinellas County Title Company.
In connection with such examination I noted one or
more defects in the title but, in my opinion, passage
of time has served through our curative statutes to
perfect the title.
As a Title Examiner for Pinellas County Title Com-
pany I would not hesitate to approve the title for
title insurance as of the date the Smiths acquired
title.
Sincerel~
~7/
L. y.fOOUGIA
LYD:mew
----
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CITY OF CLEARWATER
CITY HALL - PO BOX 1348
CLEAR WATER. FLORIDA
AFFIDA VIT OF NO LIENS
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
Befare me, the undersigned autharity, persanally appeared
A. WALLER SMITH and EVA W. SMITH, his wife,
who., being fir st duly swarn, depase and say
1. That they are the awners af the
{a~lawing describedpro.perty in Pinellas Caunty, Flarida, to. wit:
Lots 9 and 10, Black 5, Gould and Ewings Secand
Additian according to. map ar plat thereaf as recarded
in Plat Baak 1, page 52 of the Public Records af
Hillsbaraugh Caunty, Florida, of which Pinellas County
was farmerly a part.
2~ That said praperty is naw in passessian af the tecard awner
3. That there has been no. labar perfarmed ar materials furnished an
said property within the past ninety (90) days far which there are unpaid bills
far labar ar materials against said praperty.
4. That there are no. liens ar encumbrances af any nature affecting the
title to. the praperty hereinbefdre described.
5. That it is hereby warranted that no. natice has been received af
any public hearing tegarding asseSsments far impravements by any govern;..
ment within the past ninety (90) days, and it is hereby warranted that there are
no unpaid asseSsments against the abave praperty far impravements thereto.
by any gavernment, whether ar nat said assessments appear af recard.
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,Swarn to. and subscribed befare me this 1st day af September
, 1964.
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otary PU~I/~. State of Florida at Large
My Commission Expires June 24. 1 g66
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ROMISSOR Y NOTE
September 1, 1964
On or before ten (10) years from date, the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, promises to pay to the order of
A. WALLER SMITH and EVA W. SMITH, his wife, at such place or places
as the payees may from time to time designate, the principal sum of
ONE HUNDRED THOUSAND DOLLARS ($100, 000. 00) with interest thereon
at four per cent (4%) per annwn from d<.!te until paid, in quarterly installments
of TWENTY -FIVE HUNDRED DOLLARS ($2,500.00) each plus interest at four
per cent (4%) per annum on the unpaid balance, the first payment to be made
on or before the 1st day of December, 1964, and quarterly thereafter on the
first day of March, the first day of June, the first day of September and the
first day of December of each year until paid in full.
All or any part of the principal of this obligation may be prepaid
without penalty and with interest to date of payment only.
This note is secured by a mortgage of even date, and the same is
incorporated by reference herein.
Now should it become necessary to collect this note through an
attorney, the City of Clearwater hereby agrees to pay all costs of such
collection, including a reasonable attorneyts fee.
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., ':.. ,- CITY OF CLEARWATER, FLORIDA
C ount~fsigned:
-~y' Lr62~_~~
~ City Manager
Attest:
Approv~d_a.s, toF oIIILand
Correctness:
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16
II-
2195198
~ - Q,R. 1994 PAGE603
MORTGAGE DEED
THIS INDENTURE, made this 1st
day of September, A. D. 1964,
BETWEEN THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation, called the Mortgagor, and A. WALLER SMITH and EVA W.
SMITH, his wife, called the Mortgagees,
WITNESSETH
That the said Mortgagor for and in consideration of the sum of
One Hundred Thousand Dollars ($100,000.00) to it in hand paid by the said
Mortgagees, the receipt whereof is hereby acknowledged, has granted,
ba'rgained and sold to the said Mortgagees, the following described land
situate, lying and being in the County of Pinellas, State of Florida, to WIt
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said land aniil"\
Lots 9 and 10, Block 5, Gould and Ewings Second
Addition according to map or plat thereof as recorded
in Plat Book 1, page 52 of the Public Records of
Hillsborough County, Florida, of which Pinellas County
was formerly a part,
(This is a Purchase Money Mortgage)
said Mortgagor does hereby fully warrant the title to
and the
will defend the same against the lawful claims of all persons whomsoever.
PROVIDED ALWAYS, That if said Mortgagor shall pay to the said
Mortgagees a certain promissory note, copy of which is attached hereto, and
shall perform and comply with each and every stipulation, agreement and
covenant of said note and of this mortgage, then this mortgage and the estate
hereby created shall be void, otherwise the same shall remain in full force
and virtue. And the said Mortgagor covenants to pay the interest and principal
promptly when due; and to pay the taxes and assessments on said property.
Should any of the above covenants be broken, then said note and all
moneys secured hereby shall without demand, if the Mortgagees so elect,
at once become due and payable and the mortgage be foreclosed, and all
costs and expenses of collection of said moneys by foreclosure or otherwise,
including solicitor's fees, shall be paid by the Mortgagor, and the same are
hereby secured.
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IN WITNESS WHEREOF, the City of Clearwater, Florida, a municipal
corporation, by and through its proper officials, has caused this mortgage to
be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
By ~~~Q. f~~~JP
/ City Manager. ",
Mte&t: ___ __
Approved as to Form and
Correctness:
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 1st
day of September , A. D. 1964,
before me personally appeared JAMES R. STEWART, HERBERT M. BROWN,
R. G. WHITEHEAD and ROBERT L. WEATHERLY, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to me
known to be the individuals and officers described in and who executed the fore-
going mortgage and severally acknowledged the execution thereof to be their free
act and deed as such officers thereunto duly authorized; and that the official seal
of said municipal corporation is duly affixed thereto, and the said conveyance
is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
: 11.~}1
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.. #" /I' 1166B a .LANX REGI5TOR<O U,',P"T,O"'C~
:OC~ 1110 Floci~a ASSIGN~ENT OF Me " " 22, , ,.. eLawPrm~~Pub/an;.rs.~ut~af)~,~ ~
~~ ' :in '. iMr 7~ ,m 'I' 19~o rAbtl~26
..hnllntAlljl1ltn~\! htgt~rrlitntg
TV'he7'Cl)Cr '/.vserl- herein, the tenn "peu-"!/""
srJ,ccessors ('I1ul/ or a8signs of t/w
slu],ll inclnrlr: the plu,ro{ a,nd the
all gender's.: nnd, if l~sedJ tILt: term
than one
That
A. Waller Smith and Eva W. Smith, his wife
party of the first part, for and in consideration of
the sum of Ten Dollars and other valuable considerations Dollars,
lawful money of the United States, to him in hand paid by First National Bank
of Dunedin, a national banking association existing under the laws of the
United States of America party
of the second part, atorbefore the ensealinganddelivery of these presents, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred
and set over, and by these presents does grant, bargain, sell, assign, transfer and set
over unto the said party of the second part a certain indenture of mortgage bearing
date the Fj.rl:it day of September, in the year
one thousand nine hundred and Sixty-Four made by
. ,. ' , .ni..t.v of CleanJlter Florida
and recorded In OjficUll Records BoOIClYf14 , pa!!e 003 ' , pufiuc records of
Pinella~ County, Florida, l~pon the following described piece or
parc.el of land:, situate and be~ng in Pinellas County, State of
Flonda, to w~t:
Lots 9 and 10, Block 5, Gould and Ewings Second Addition
according to map or plat thereof as recorded in Plat Book 1,
page 52 of the Public Records of Hillsbouough County, Florida,
of which Pinellas County was formerly a part.
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Together with the note or obligation described in said hIortgage,
and to, bflr:Qmg due thgr{1{)];4, "liill int.lJlIiJst .p-mn th8, ....,,,,,, First
day of September' 19 64
To Have and to Hold
forever.
and the moneys due
the same unto the said party of the second part
IIll Wi1tIDleg8 Whereof., he has hereunto set
First day of September
nine hundred and Sixty-Four.
Sig"e~, Sealed and DeliZd in Preoence of,
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his hand and seal the
, in the year one thousand
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AGREEMENT FOR PURCHASE
AND SALE OF REAL ESTATE
THIS AGREEMENT made and entered into this
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day of
August, 1964, between A. WALLER SMITH and EVA W. SMITH, his wife,
hereinafter referred to as Seller, and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as Purchaser.
WITNESSETH: That in consideration of the payments and covenants
herein provided, and other good and valuable considerations, Seller agrees
to sell and Purchaser agrees to buy the following described real estate
situate in Pinellas County, Florida, to wit:
Lots 9 and 10, Block 5, Gould and Ewings Second
Addition according to map or plat thereof as recorded
in Plat Book J, page 52 of the Public Records of
Hillsborough County, Florida, of which Pinellas County
was formerly a part.
The total purchase price for said property shall be the sum of
$115,000.00, payable at the times and in the manner following:
$1,000.00 cash to be paid upon execution of this agreement, receipt of
which is hereby acknowledged, $14,000.00 by cash at closing and balance of
the purchase price of $100,000.00 to be paid by a purchase money note and
mortgage upon said land, payable on or before ten (10) years from date of
said note and mortgage at the rate of $10,000.00 per year plus interest at
four per cent (4%) per annwn, said principal and interest being payable quarterly.
IN CONSIDERATION WHEREOF, Seller agrees to convey said property
to said Purchaser by good and sufficient Warranty Deed, with a fee simple,
marketable title, free and clear of all encumbrances of record.
Seller shall give to Purchas er within fifteen days, an abstract of title
or title insurance, certified to the date of this Agreement or later, evidencing
a good record, unencumbered, title. Purchaser shall have fifteen days after
delivery of abstract or title insurance commitment for examination and
acceptance thereof, and/or to notify Seller, in writing, of any objections to
said title. If no notification is received by Seller within said time, then said
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title shall be conclusively deemed to be acceptable to Purchaser. In event
Sellerfs title is not good and marketable of record, he shall have a reasonable
time thereafter to perfect same, and if such defects are not cured within such
reasonable time then l2w.:chaser may demand the return of all earnest monies
paid by it and cancel this contract, or waive the defects and accept the property
without deduction on account of said defects. If Purchaser shall default
under this contract, the earnest money deposit shall be retained by Seller in
lieu of liquidated damages and/or as rental for the premises.
Taxes for 1963 and prior years shall be paid by Seller, and taxes for
1964 shall be prorated as of date of delivery of possession.
This transaction shall be closed on or before September 1, 1964.
Time of payment shall be of the essence hereof and any failure thereinabout
shall constitute a default, entitling Seller to rescind this contract and retain
the cash consideration paid therefor.
Since a purchase money mortgage is to be taken by the Seller as a part
of the purchase price, the intangible tax on said Mortgage shall be paid by the
Seller and stamps for the note by the Purchaser. Documentary stamps for the
Deed shall be paid for by the Seller. Each party shall pay for his OWn recording
fees.
This Agreement shall be binding on the respective heirs, executors,
administrators, successors and assigns of the parties.
IN WITNESS WHEREOF. the parties hereunto set their hands and seals,
the day and year first written above.
Signed, sealed and delivered in the
pr~r~f:~~~
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s to Seller
~111l~~,' ,_ (SEAL)
A. Waller Smith
t.'r(<o. -u. - ~H~.~{SEALl
Eva W. Smith
SELLER
IDA
By
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. gned, sealed and delivered in
the presence of:
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As to Purchaser :
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(fer;:,ed:;{l_:~ .
4~ -.... _ - .,;--
Acting Mayor-e<?P"l:m~SJ.oner -'_.
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PURCHASER
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