Loading...
SAPIR INVESTMENT CO INC (2) SAPIR INVESTMENT CO., INC. a corporation existing under the laws of r'1assachusetts , and hauing its principal place of business at 145 California Street, Newtonville,Massachusetts, hereinafter called the grantor, to THE CITY OF CLEAm'lATER, Clearwater, Florida, a municipal corporation, wllOse postoffice address is C/O City Manager, City of Clearwater, Clearwater, Florida hereinafter called tile grantee: 3 4$(:; !'~~4 ',..." :... j . / 7, u.;~___ :i;/ T - d j;~:_H_~ J /: .. WA4RANTY UEEO t. - . IFROM CORPORATI'ON' 1)rl;/. 74-4368 "," ~ 74064293 J v.R.4169 PAGE1474 RAMCO FORM 33 This tffarranty 13eed Made and executed the 10 tC. day of 11ay A. D. 1974 by -= ... ~itnessdh: That the grantor, for and in consideration of the sum of $ 10. 00 (Wherever used herein the terms "grantor" and ~'~ranteet" include all the parti~~ to this instrument and the hejrs, leRal represe.ntatives and assign5 of individuals,. and the succ'es.~ors Olnd assigns .,of corporations) ... .. IN -- -= .. alien, remise, release, convey and confirm unto County. Florida. viz: ,<:-oJ ~ /;{~;:~:," ~'-'\_'-'" DOCUM, ENTARY .,....,;/,:r.J\ , C' tJ ~ T ~ Y _ :-'.~'(~. r' :- "", t)l'i ~, r...,-: i,._ --- ,n ......~ co 'CI) 00 <> --,~ '0 CIl:ii ::I.... c .... CIl<( >0 :( - - ~ .. 0 ~ ..J " I&. " ~ Ii - w : l- . <( ~ ~ , ~ ~ :3 · ..J v ---log ether wise appertaining. J D liaue, and to Mold, r--- ,', , " ", ~:- ' Pf::~r~1 0"1-, I ~~4>0lJ u 0. ~,U t ,-(~ See Exhihit A attached r-- i - :41' ,P.j"04"7'\ 1[3 (; S. 0 U j =', '". = QEW~:IlUE ",.;: ,... ~ _ ~ hereto and Made <::1 a part hereof. en <:> c~ :: S-TATE-OF FLORIDA PQ!- u. M~t!It'. R X~"':?-;,. 5 TAM P T A X OlPf. Of REVENUE t'/,J-j:il;);~~);, ::::= ,;{[t:if~W 9 0 0 ~ P.B. = MAY-9'74 "~~f~E, . 0 0 := 10534 ~~~ ,~ --._-'----~ -C ._ w; :z 0 t.n Q"u M in "'> -; )0- -; :z l~::l I~o ;:'u STATE OF FLORIDAI "<l' DOC u Y1j:lll~RY,{(.f,', ;:'t.:_+.~, '~: TAM..L T It. X ! Ln ~EPT. O~ REVENUE(~1~ Il~\" I M ~ PB.:= MAY-9'74 ~(~t -.; 9 0 O. 0 0 I := 10534 \",':..Oo',~ I ~ with all the tenements, hereditaments and appurtenances thereto belonging or in any- the same in fee Simple forever. Bod the grantor herehycovenants with said grnntee that it is lawfully seized of said la,nd in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully ware rants 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, subject only to easements, restrictions and reservations of record. ,''''' sTATE OF FLORIDA I s;: "<l' Q.Q_C U M E 1116 R Y ;:~;;-,",',~~;,',~ T A !II P T AX I ;; .,.. j~ . ~3 DEPT. OF REVENUE t,lU~, J,' ~\1 I - "~:;Q~~.,~;'(.., '.. ~8 If) ~ P8 ~ MAY'9'74 ~\~~k1t~~$j,;l~! 9 0 O. 0 0 I ...~, .~.." 'lib... t (Y";l __ .. \~,:o\-~~.f I :?! ~,} ~~,"'". ~'J _ 10534 ~;l"'li\+' _ ?uO~lY~~E s~~ 'i: In ijfi~n~ss Whert~f the grantor has caused these presents to '. I' ~. "'.,.- -: he executed m tis name, and lts corporate seal to be hereunto affixed, by its ~ t-", ;i _.,,J ".. ~.;",,"'~;'i! prop~r officers thereunto duly authorized, the day and year first above written. <!~ 0 j :::"::'U-' :tJf( .t.e ~ Dr- 0 ,.t\rrI;~T,; :_,....._.~uo..........J~ierk.....~. ~~~.~~._-~.~~~~~...~9..~.~....~~~.~_h.............. n:~ ~ signeDid de~"...d In .he p~"nce of, ~ ~ ~ A~ ~?"')," HEREBY CERTIfY Ihal on Ihi', day, before me, an officer duly authorized in Ihe Sla'e and Counly aforesaid 10 take aCknowl<d,~m<n[s'I~C,I~~ cci~1 personally appeared Daniel S. Shapiro and Rose Shapirol ,JnOii~ 0.""1 i C~!a"II""1 wtll known 10 me 10 be Ihe Presidenl and Clerk respectively of the corpora,ion named as 3r311tor S P I 5 E in the Coregoin~ deed, and thaI Ihey severa'ily acknowled!!edex<cutil),~ the same in Ihe pr..enceoC Iwo subscribin,~ Wilnesses freely and voluntarily under au'horit~.,duIY vested in them by, said corpora:ion and thaI the seal affixed thereto is the .rue corporate seal of said corporation. \)'''''',#;.~;;~.'' ,,' o<<i,i" ",' io <>, C.o... ,., S"..., "0".""" (, rt. "".' Lu, . A. D. ,,74 ." . "~1~ ~Ii~ J"J!ru~!,~~j;ep"red by: 7> A y';" ~f. J"L T /E 1 ..... --:~'DM~~~~;~~----- - -- lddless '\~/7;:e PrA~ i tr JIy oommission expires Dec. 17. lQ76 , NOTARY PU;..L..G ( ,\ 7jCJ,J'TC'~ ?~.rs. J:l.-OIi-()3 I~ '.f,j;): : . '5914 --- WN BY: ... r-. ~ TUV to d1. !Bu.tlE.'t S 'cI1~joaui~~~ MUNICI~AL ENGtH.... A" LAND .U~Ra e31 LAURA .TIIt.n. CUAItWA,..... ~LOI'ItOA ".1. R. S FLA. P. E. FLA, P. E. GA. Consultants Realty \5 I TWP. '2.'3 S, RGE. \5 E E ~'^'1 "") / '-I 0 0 V d. :f..:;; EXHIBIT "A" LEGAL DESCRIPTTOt\ - ''Montgomery Ward property" . From the Northeast corner of the NW~ of Section 15, Township 29 South, Range 15 East rUT! S 0003' 52"E along the North and South center-line of said Sect ion I'), 959.20 feet to the Southerly line of Cleveland Street; thence N 89041'48'~ along the ~outherly line of Cleveland Street, 30.0 feet for Point of Beginning; thence N 89041'48'~, along the Southerly line of Cleveland Street, 227.45 feet; thence S 0"02 '49"\,,; along the Westerly line of Lot 20 Clearwater Heights as recorded in Plat Rook 4, Page 99 of the Public Records of Hillsboroug~ County, Florida of which Pinellas County was formerly a part, 109.63 feet to the Southwes.terly corner of said Lot 20; thence N 89028'23"W along the Northerly line of Lot 25 of said Clearwater Heights, 59.65 feet; thence S 0002'35"E along the Westerly line of Lots 25, 30, 33 and 38 and Easterly line of Alexander Street, 257.16 feet to the 40 acre line and the Northerly line of Lot 1 of R. H. Padgetts Subdivision as re- corded ill Plat Hook 5, Page 27 of the Public Records of Hillsborough Count.y, Plorida of which Pinellas County was formerly a part; thence N 89012~52'~ along the 40 acre line and the Northerly line of said Lot 'I, 7.56 feet; thence S 0003'52"E along the Westerly line of the East \ of said Lot I, 330.0 feet to the Northerly line of Lot 4 of R. H. Padgetts Subdivision as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County, Florida; thence N 89012'52'~ along said Northerly line, 327.38 feet to the Northwesterly corner of said Lot 4; thence S OOOl'15"E alan? the westerly line of said Lot 4, 330.0 feet to the Southwesterly corner of said Lot 4; thence S 89cI2'52"E along the Southerly line of said Lot 4, 652.63 feet to the Easterly line of said Lot 4 and the North and South Qenter-line of said Section 15; thence N 0003'52'~ along the Easterly line of said Lot 4 and said Lot I and the North and South center-line of s*id Section 15, 660.0 feet to the Northeasterly corner of said Lot I and the 40 acre line; thence N 89012'52'~ along said 40 ~cre line and the Northerly line of said Lot 1, 30.0 feet; thence N 0003'52'~ along the v,Testerly Right of Way line of Missouri Avenue, 368.98 feet to P.O.B. ',[SS the Easterly 30.0 feet of said Lot 1 and said Lot 4 for Road Right of Way; AL:;u LESS the Soulh 20.0 feet of the East ~ of said Lot I for Street Right of Way as conveyed to the (itv of Clearwater by Special WarraJ1ty Deed. Subject to an Easement over the North 20.0 feet of the South 40.0 feet of the East ~ of said Lot I for Street and rtility Easement and over the North 20.0 feet of the South 60.0 feet of th~: f~ast ,~ of said Lot 1 for Underground Utilities as set forth in a Resolution by eit\ of Clearwater, florida (Resolution No. 61-50). Also subject to Easements and Right of ,~avs of Record. ....pril 24, 1974 LEO M. BUTLER & ASSlXIAT!S ~.c:<s ,,/,~/;.. R. N. KING, P.E. Reg, Surveyor No. 875 NOT VALID UNLESS SEALED WITH MY EMBOSSED SURVEYOR'S SEAL ) "'.. I / J :i:~I',i:f;~l:\;!:' :!.I;!',if~~:.~g i:W: '~' :~W\- '.i:;;";ri"~i' :~!n q~;' 'Lii;I'.ifft;~:~;;! 'ml;l~~:~!i :i:I'.~f;:I~'!::~:' ';'!W:i;t~l:!\l\ !W';fftil:!\i,\" 'mt~f;.~:~~L .':i;:-,R:!;;:; }1-~I."~:" i!.~I'.i:f;\;.~;::- +'f.C~:l:'::;' -,;ij!I'.~^;~:!ir '!bli,if~ll':,t;\l:,' ;,:!W',~j;1;:~;!,!rt ".';l:~:l.:[lh!:' :~';ri,: .1:~'--i!W'.I~'Th:\;:\ ':.'::.' ;! AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) '~ .~ 10 071 01 00380 I ~ CHICAGO TITLE INSURANCE COMPANY ~ 01\1 i~ i~ :i'-; SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; ! $' I ~ :c :,:: i11 ! 2. Any defect in or lien or encumbrance on such title; or Ii:! '~;I 3. Lack of a right of access to and from the land. ;1~ 11 In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. ~ >ill -,~;: 'li, CHICAGO TITLE INSURANCE COMPANY ~: .,il';' ~ COASTAL BONDED TITLE CO. OF CLEARWATER Phone 442-9671 318 South Missouri Avenue CLEARWATER, FLORIDA 33516 !~ ~} 1:.;':,' '~~ ATTEST: ;~ ~ -e9Jke~ / 1 J1 /j"",a,y IMPORTANT Af1p This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. ~ ~~l 1,':i:~:~Wi!t.i:!i!- -'@;::!~~r.;if:'!, .,n:.::;:j::'.;iti' ,!i!:;:~~~:~'.;if!i: {n:;,':!~m,' ,ill; ,!\i:;:,\~~tr..:i!i: :!'i!:;:',1.r\i:t.;if, \\!:;:':;~;~'. 'iti i\\h;~,;;;,;t;fii ,n:;:~r:;,;:,~;:i: i(n.:~!,;m'.iii!> -'i'i':h:;;;j:I;',;iW ,!i!:;;':~;jJf.;ifi:: :ii!i,;':;~_;:'.;iW ,i\!i..'.:,!,;;;::',;iW 'in:;;'~;;j!:'.;ii!i, ,!ni;:~;:;,;,:~;i!! "ii:i::,!,~:;':'.;i!: '(n;:,:,!,:j?:~.liW"ii Copyright 1969 American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or "governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adversendaims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. I t .......... SCHEDULE A Number Date of Policy 10 071 01 00380 7-10-74 Amount of Insurance $1,150,000.00 1. Name of Insured: CITY OF CLEARWATER 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: Mortgage Deed from City of Clearwater to Sapir Investment Co., Inc., dated 5..3-74 and filed for record 5-9-74 at 4:22 PM as Clerk's Instrument No. 74064294 and recor~ed in O.R. Book 4169, page 1476 of the Public Records of Pine11as County, Florida, given to secure its promissory note in the principal amount of $1,000,000.00. and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED This policy valid only if Schedule 8 is attached. , ADDED ~, .' 1%-12-64 (Schedule A continued) Policy Number 10 071 01 00380 Owners Policy Number EXH IB IT 11[.\ II Loan LEGAL DESCRIPTION: From the Northeast corner of the Northwest 1/4 of Section 15, Township 29 South, I<ange 15 East, run South 0003'5211 East along the North and South center-line of said Section 15, 959.20 feet to the Southerly line of Cleveland Street; thence North 89041 '4811 West along the Southerly line of Cleveland Street, 30.0 feet for Point of Beginning; thence North 89041'4811 West along the Southerly line of Cleveland Street, 227.45 feet; thence South 0002'4911 ~'jest along the Westerly 1 ine of Lot 20 of Clearwater Heights as recorded in Plat Book 4, page 99 of the Public Records of Hillsborough County, Florida of Which Pinellas County was formerly a part, 109.63 feet to the Southwesterly corner of said Lot 20; thence North 8902812311 ;'Jest along the Northerly line of Lot 25 of said Clearwater Heights, 59.65 feet; thence South 000213511 East along the Westerly line of Lots 25,30,33 and 38 and Easterly line of Alexander Street, 257.16 feet to the 40 acre line and the Northerly line of Lot 1 of R.H. Padgetts Subdivision as recorded in Plat Book 5, page 27 of the Public Records of Hillsborough County, Florida of \'tIich Pinellas County was fonnerlya part; thence North 8901215211 West along the 40 acre line and the Northerly line of said Lot 1, 7.56 feet; thence South 000315211 East along the Westerly line of the East 1/2 of said Lot 1, 330.0 feet to the Northerly line of Lot 4 of R.H. Padgetts Subdivision as recorded in Plat Book 4, page 32 of the Publ ic Records of Pinellas County, Flor'ida; thence North 89012'5211 ~Jest along Said Northerly line, 327.38 feet to the Northwesterly corner of said Lot 4; thence South 0001'1511 East along the Westerly line of said Lot 4, 330.0 feet to the Southwesterly corner of said Lot 4; thence South 89012'5211 East along the Southerly line of said Lot 4, 652.G3 feet to the Easterly line of said Lot 4 and the North and South center-line of said Section 15; thence North 0003'5211 ~\jest along the Easterly line of said Lot 4 and said Lot 1 and the North and South center-line of said Section 15, 660.0 feet to the Northeasterly corner of sa id Lot 1 and the 40 acre 1 ine; thence North 89012'5211 West along said 40 acre line and the Northerly line of said Lot 1, 30.0 feet; thence North 0003'5211 ~Jest along the Westerly Right of Way line of Missouri Avenue, 368.98 feet to the Point of Beginning, LESS the Easterly 30.0 feet of said Lot 1 and said Lot 4 for Road Right of Way; ALSO LESS the South 20.U feet of the East 1/2 of said Lot 1 for Street Right of Way as conveyed to the City of Clearwater by Special Warranty Deed. Subject to an Easement over the North 20.0 feet of the South 40.0 feet of the East 1/2 of said Lot 1 for Street and Utility Easement and over the North 20.0 feet of the South 60.0 feet of the East 1/2 of said Lot 1 for Underground Utilities as set forth in a Resolution by City of Clearwater, Florida (Resolution No. 61-50). Also subject to Easements and Right of Ways of record. SCHEDULE B .' Policy Nu",ber 10 071 01 00380 Owners This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (4) 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. (5) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. 6. The general taxes for the year 1974 and thereafter. 7. Easement from Sapir Investment Co. Inc. to the City of Clearwater, Fla., dated 5-29-61 and filed for record 6-1-61 at 4:55 PM as Clerk's Instrument No. 837222A and recorded in O.R. Book 1182, page 436 of the Public Records of Pinellas County, Florida, grants easement for underground util ities. (see attached copy) 8. Easement from Sapir Investment Co. Inc., to the City of Clearwater, Fla., dated 5-29-61 and filed for record 6-1-61 at 4:55 PM as Clerk's Instrument No. 837223A and recorded in O.R. Book 1182, page 438 of the Public Records of Pine11as County, Florida, grants easement for Road Right of Way and Utility purposes. (see attached copy) 9. Easement from Sapir Investment Co. Inc., Montgomery Ward & Co. Incorporated to Florida Power Corporation, dated 11-2-61 and filed for record 11-24-61 at 2:25 PM as Clerk's Instrument No. 891461A and recorded in O.R. Book 1299, page 489 of the Public Records of Pinellas County, Florida, grants facilities easement over lot 30, Clearwater Heights, According to the map or plat thereof as recorded in Hi11sborough Plat Book 4, page 99 of the Public Records of Hi11sborough County, Florida, of which Pine11as County was fonnerly a part. 10. Resolution by City Conunission of City of Clearwater, dated 5-22-61 and filed for record 5-24-61 at 4:44 PM as Clerk's Instrument No. 834841A and recorded in O.R. Book 1177, page 334 of the Public Records of Pinel1as County, Florida, covering the Southerly 20 feet of the East 1/2 of Lot 1 of R.H. Padgett's Subdivision. (see attached copy) COASTAL BONDED TITLE CO. OF CLEARWATER Schedule B of this Policy consists of 1. pages. "',," ~,.......-'~ "-. --....... --~,~',._...,~-.. - ..:..----.----: 'I CONDITIONS AND STIPULATIONS I (e) In all cases where this policy permits or requ~es' theCotnpany to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- damage here- ceeding, and the Company shall reimburse such insured for any expense so incurred. . , . 1. hfinltlon 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 may have had against the named insured, those who succeed to the interest of such 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 under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically 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. (0 "public records": those records which by law impart constructive notice of matters relating to said land. 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 so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (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 Com- pany may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 4. Notice of Loss-llmltatlon of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, 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 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for . or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction 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. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured 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 CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS {Continued} a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that other- wise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. 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 said 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 such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Com- pany, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company 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 such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. Liability Limited to This Policy This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by 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. 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its principal office at III West Washington Street, Chicago" Illinois 60602, or at any branch office of the Company. ' i!H:';':*:l,:~m iij;r~:'fm:\;;l ,'!i;~;~~;~':q\:. ,'!W;:i~~~':\;\l i:i;r:'~i~~~~',~;\l i.% ';:it-d:.:lll\ ;m:;;iift;~:,l;\\ im:';i:~~'~;~~!l1\ !W';li~;~:~:.\h' :i#!::..,in:;:l!l!.':' '@. :j'j,it;~~;:,l;\i '!!i;~,:i~it~!H.\ l.i.m7;ifft!~,:m.\i' ',iiW ): ,. ~: .l\l\ Ji;. :ii~il.'l;i\ ,i!j!::,ir.;,tl)!l'\i' ;i,ij!,';tjf"ii: .;\\1 "i o S co 0> o 0> .... .... .... I-i () ~ - ::r: m I-i ...... V> () >-in r' > tI1 n GJ ~o 9 - ::r: :I:~ - ...... Z n t""' t""' ......I-d ...... ~> Vl > Z C 0 6Z () ...... ~ V> 0 0\ z>-<: > 0 V> Z 0\ >-i 0 ~' N :::0 .n m, 1"r:I,. tI1 >-1 ,~ ::u ';:J...CD 1---1 (J). III o ~w Z "':I: ~ ..,U' H. . ~ ~ ~. (\.SN.I -0 (/) ~ 'i .., l:l ~ 'lj :1l ",. ~ ,:4>.<$-'-0 C o Hill "' "1j ,~ ::l 0- ;:s <:::> 1---1 0 r<~ ~ - '~- -. Q 7 ~ ~ l::l... ~ t>:I 0 rt "tj~ ~ .; >> ~ 1---1 \.) rt ...... r n?v c <:::> ~ I .., "' ...... :1l Z m 'l ~ ~~ "",,'>' tr:I I ~ Ill\'" 'l ~ 1:; :<i 1\T y _ 1)- c n "- I ~ ...... t-< '0 is' m I-' 'l .... C -. ,. .. <:::> .. -~. . ;:s I t-< +' " ., i'!!:l.~:~~:".';iHi ',\\:(:~~g';iifF '!!:l:':~~_::.',iif! ';ilh::W,'I:,:!ii !lh:W~;W~,i:W nh'::~~W."iiiii: DRAFT FIVE tJRCIIASE AND SALE AGREEMENT I Agreement made this 22nd day of April, 1974, by and behleen SAPIR INVESTt4ENT CO., INC., a corporation organi zed under the laws of the Commonwealth of Massachusetts and having its principal offices at 145 California Street, Newton, Massachusetts (hereinafter called the "Seller"), and the CITY OF CLEARW\.TER, FLORIDA, a municipal corporation (hereinafter called the "Buyer"). WHEREAS, the directors and voting stockholders of Seller, by unanimous written consent dated April 19, 197~ adopted a plan of complete liquidation providing for the distribution in complete liquidation, within 12 months of such date, of all its assets, less assets to be retained to meet claims; NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1. Agreement to Purchase and Sell. Subject to the terms and conditions herein provided, the Buyer will purchase from the Seller, and the Seller will sell to the Buyer, the premises defined in Section 3 below at the purchase price referred to in Section 4 below. 2. The Closing Time. The Closing Time hereunder shall be one o'clock in the afternoon, local time, on May 15, 1974 at the place at which deeds are recorded in pinellas County, Florida, or at such other time and place as shall be agreed upon in writing by the parties hereto. 3. Properties to be conveyed by the Seller to the Buyer. The Sell~i ~hall convey to the Buyer at the Closing Time th~ land of the Seller with the buildings now located thereon in the city of Clearwater, County of pinellas, I , described in Exhibit A attached hereto (hereinafter called the "Premises"), which land and buildings are comprised of Parcell (on which the store formerly occupied by Montgomery Ward & Co., Incorporated is located), and Parcel 2 (consisting of a parcel acquired by Seller from the District School Board of Pinellas County, Florida by deed dated June 25, 1969). The Premises are to be conveyed together with all attendant and attached fixtures, and all other tangible personal property contained in said buildings owned by the Seller, in fee simple title, subject only to easements, restrictions and reservations of record. 4. The Purchase Price to be paid by the Buyer to the Seller. The purchase price for the Premises is $1,150,000, payable as follows: (a) $50,000 deposit upon execution of this agreement, by delivery to Consultants, Inc., as Escrow Agent; to be held by it in accordance with the terms of this agreement, of cas~or certified or bank cashier's check or checks, in such amount; (b) $100,000 payable at the Closing by certified or bank cashier's check or checks payable to the order of Seller; (c) Execution and delivery by the Buyer to the Seller at the Closing of a note in the principal amount -2- of $1,000,000 in tfe for~ attached l~ereto as lC:Xhibi t Band .'a mortgage deed of the Premises securing said note in the form attached hereto as Exhibit C. The Buyer shall cause to be delivered to the Seller at the Closing an opinion of counsel satisfactory to the Seller, dated the Closing Date, to the effect that, (i) under existing Florida law, the note and mortgage deed so delivered by the Buyer have been duly auth- orized by all necessary action by, and duly executed and delivered on behalf of, the Buyer, )iKcX'KR~YI:Jf1iiX~J.}Cfilfj"14ml!j~&~yX'ifw R:kM-2t*~>>>>ljtmt>XXcmtiM:1XS(XJ~X~ROC~X~~1i:xmc:K~~X~*&~X X~~X~.~X~, and (ii) under existing statutes the interest payable on such note is exempt from Federal and State of Florida in- come taxes. 5. Items for Delivery by the Seller at the Closing Time. (a) Subject to fulfillment of the conditions to closing referred to in Section 6 below, at the Closing Tim~lfe!~er shall deliver, duly executed and acknowledged, a ~x~~arranty deed, in the form at- tached hereto as Exhibit D, of the Premises, conveying to the Buyer fee simple title to the Premises, subject only to easements, restrictions and reservations of record. The Buyer will pay all closing costs in connection with the sale and transfer herein provided for, including, without limitation, the Buyer's attorney fees, title insurance costs and charges, escrow costs and charges and all Federal, State and local recording charges and stamp taxes both for the deed (Exhibit D) and the mortgage deed (Exhibit C), but excepting the Seller's attorney's fees, costs incurred in providing the survey pursuant to subsection 5(c) below and broker's commissions and fees payable to Consultants, Inc. pursuant to Section llbelow. (b) Possession of the premises shall be delivered by the Seller to the Buyer at the Closing Time. - 3 - ,. I , (c) The Seller agrees to deliver to the Buyer at or prior to the Closing Time an accurate survey of the premises being conveyed. 6. Conditions to Closing. The Seller's obligations hereunder shall be subject to fulfillment, at or before the ~losing Time, of each of the following conditions: (a) receipt by the Seller of the opinion referred to under Section 4(c) above; (b) termination of the lease, dated May 22, 1961 and as here- tofore amended, between the Seller, as lessor, and Montgomery Ward & Co., Incorporated, as lessee, of a portion of the Premises on terms and conditions satisfactory to the Seller; (c) release of the lien of the mortgag~on the Premises held by the Mutual Benefit Life Insurance Company and Southeast National B~nk nf St. Petersburg, on terms and cnnditions satisfactory to the Seller; (d) receipt by the Seller from tenants of the shopping center of which the Premises are a part,;in form and substance and on terms and conditions satisfactory to the Seller, of all consents to the termination of the Montgomery Ward & Co., Incorporated lease referred to in (b) above and all releases of interests of such tenants of what- ever kind in the Premises which are, in the opinion of counsel to the Seller, necessary or appropriate. 7. Adjustments. Until the Closing Time, all receipts with respect to the operation of the Premises shall belong to the Seller anc all expenses in connection with the operation of the Premises shall be paid by the Seller. As at the Closing Time, water and sewer charges and other expenses incurred in connection with the operati6n -4- I I of the Premises are to be adjusted. Provided that Montgomery Ward & Co., Incorporated and any other leasehold tenants of the Premises have no right to occupy the Premises after the Closing Time, all rents collected from such tenants after the Closing Time shall, not- withstanding the transfer of title to the Premises contemplated hereby, accrue to and be collected by the Seller. All City of Clearwater taxes and assessments on the Premises shall cease to accrue from and after the Closing Time and any such taxes paid in advance with respect to a period subsequent to the Closing Time shall be refunded. There shall be no other adjustments. 8. Loss, Damage or Taking Prior to the Closing Time. Subject to the following provisions of this Section 8, in the event that all or any portion of the Premises shall, prior to the Closing Time, be damaged or destroyed by fire or casualty, or shall have been taken or condemned in part by public authority or by quasi- public authority, then except as otherwise provided in the next following paragraph, the happening of such event or events shall not affect any of the terms or conditions of this agreement, and notwithstanding the same, this agreement shall remain in full force and effect. In the event that all of the Premises shall be so taken or condemned prior to the Closing Time, this agree- ment shall terminate upon the date such taking or condemna- tion is made; but in the event that less than all of the Premises shall be so taken or condemned or in the event of any such destruct~onor damage by fire or casualty, and in - 5 - I I the event that the premises (or what may remain thereof) shall not have been restored and repaired to their present condition, the Seller may at its option either terminate this agreement or extend the Closing Time for up to 180 days thereafter. In the event that the Seller shall so extend the Closing Time and in the event that such restoration and repair shall not have been completed by such extended Closing Time, this agreement shall terminate. In the event of any termination of this agreement pursuant to the terms and pro- visions of this paragraph, all sums paid hereunder by the Buyer shall be refunded and all other obligations of either party hereto shall cease and terminate and this agreement shall be void without recourse to either party. Nothing in this agreement shall be deemed to require the Seller to so restore or repair the premises. The Seller agrees to keep the buildings on the premises insured until the Closing Time, against loss or damage by fire and other perils customarily covered by "extended coverage", so-called, in an amount not less than that currently carried by the Seller. The Buyer represents that the Buyer has examined the premises, and the buildings thereon, both inside and outside, and agrees, subject to the foregoing provisions of t~is Section 8, to accept them in their condition as at the Closing Time and that the Seller has made no repre- sentation as to the use or physical condition there~f. - 6 - 9. Inabili l. of Seller to Convey. If rt the Closing Time .the Seller shall be unable to give title or to make conveyance as required by Section 3 hereof or if at the Closing Time the conditions specified in Subsections 6 (b) ,(c) and (d) hereof shall not have been fu1- filled, then the Closing Time shall automatically be extended to one o'clock in the afternoon, local time, on the thirtieth (30th) day there- after, and if at such extended Closing Time the Seller shall not have re- moved any defect in title necessary to make such title conform to the re- quirements of Section 3 hereof or the conditions specified in such sub- sections6(b), (c) and (d) hereof shall not have been fulfilled, all pay- ments made under this agreement shall be refunded, all obligations of either party hereto shall cease and terminate and this agreement shall be void without recourse to either party; provided, however, that the Buyer may waive any defect in title or other cause of such inability on the part of the Seller and accept such title to said premises as the Seller can convey, without diminution of the purchase price, and provided further, however, that nothing contained in this Section 9 shall relieve the Buyer from or permit the Buyer to waive Buyer's obligation to deliver the opinion referred to in the second paragraph of Section 4(c) hereof. 10. Notices. Any notice given hereunder shall be in writing and shall be deemed duly given when mailed by registered mail, postage and registration charges prepaid, addressed in the case of the seller to the Seller at 145 California street, Newton, Massachusetts 02158, with a copy thereof simultaneously so mailed to David M. Saltie1, Esquire, Nutter, McClennen & Fish, 75 Federal street, Boston, Massachusetts 02110, and in the case of the Buyer to the Buyer in care of the City Manager, City of Clearwater, Clearwater, Florida 33518, or in either -case at such other address as the party to . whom notice is giten may have designated by lotice given to the other in the manner hereinabove provided. 11. Broker. A broker's commission is to be paid by the Seller to Consultants, Inc., of Clearwater. Florida. suhiect to and in accordance with a separate aqreement between the Seller and such broker. The Buyer represents and warrants that the Buyer has dealt with no other agent or broker with respect to the sale hereby contemplated and agrees to indemnify, exonerate and hold harmless the seller from and against any and all claims for any other broker's or finder's fees, commissions, or other fees in connection with such sale arising out of a breach of the Buyer's aforesaid representation and warranty. 12. Further Assurances. The Buyer will, at any time or from time to time at or after the Closing Time, execute and deliver any and all such deeds, contracts, conveyances or other instruments as, and take whatever action, the Seller may deem necessary or desireab1e to effect, perfect or confirm of record, or otherwise, in the Seller all the right, title and interest in the Premises intended to be conveyed to the Seller by the mortgage deed attached hereto as Exhibit C, in- eluding, without limitation, a security agreement and a financing state- ment with respect to any security interest in personal property con- veyed thereby. 13. Entire Agreement. All rights and remedies of the parties shall be cumulative and not alternative, in addition to and not exclusive of any other right or remedy to which the parties may be lawfully entitled in case of any breach or threatened breach of any term or provision herein: the rights and remedies of the parties shall be continuing and not exhausted by anyone or more uses thereof, - 8 - d b .1 d' I an may e exerC1se at any t1me or from time to time and as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or changed at any time or from time to time. This agreement sets forth the entire agreement by the parties, and no custom, act, forbearance, or words or silence at any time, gratuitous or otherwise, shall impose any additional obliga- tion or liability upon either party or waive or release either party from any default or the performance or ful- fillment of any obligation or liability, or operate as against either party as a supplement, alteration, amendment or change of any term or provision set forth herein, including this clause, unless set forth in a written instrument duly executed by such party expressly stating that it is intended to impose such an additional obligation or liability or to constitute such a waiver or release, or that it is intended to operate as such a supplement, alteration, amendment or change. 14. Miscellaneotis. (a) If the Buyer records this agreement, it shall, at the option of the Seller, become ipso facto null and void and all payments made hereunder shall be forfeited and become the property of the Seller as liquidated damages. 9- I I (b) The cost of all title examination, title in- surance policies and abstracts of title which the Buyer shall deem it necessary or advisable to obtain shall be borne by the Buyer and under no circumstances shall the Seller be required to furnish any of the same to the Buyer or to reimburse the Buyer for the cost of any thereof. (c) This agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. (d) If the Buyer shall fail to comply with any of the terms and conditions herein set forth, at the time or in the manner herein provided, the Seller shall be released from all obligations hereunder and all of the Buyer's rights hereunder, legal and equitable, shall cease, any monies paid by the Buyer to the Seller upon the execution of this agreement to be retained by it as liquidated and agreed d2mages. (e) If any term or provision of this agreement or the application thereof to any person, property or cir- cumstance shall to any extent be invalid or unenforceable, the remainder of this agreement or the application of such term or provision to persons, properties and circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision - 10- I I of this agreement shall be valid and enforced to the fullest extent permitted by law. IN WITNESS WHEREOF the parties hereto have executed this instrument under seal on the day and year first above written. ....SE~, SAPIR INVESTMENT CO., INC.) BylJ~ f4M ! - ::..-- ".. - ',~ - - ....., THE CLEARWATER SEAL By . Approved as to orm & cor~~ ~ttorneY' - 11 - the Seller ) ) the ) Buyer ) I Exhibit B to Purchase and I Sale Agreement CITY OF CLEARWATER, FLORIDA 4.5% MORTGAGE NOTE $1,000,000 May , 1974 THE CITY OF CLEARWATER, an of the state of Florida (herein called the "City"), for value re- ceived, hereby promises to pay to the order of SAPIR INVESTMENT co., INC., a Massachusetts corporation, at its office at 145 California Street, Newton, Massachusetts 02158, or such other location or locations as the holder hereof shall at any time or from time to time designate in writing, the principal sum of one million dollars ($1,000,000), together with interest from the date hereof at the rate of 4.5% per annum on the principal balance remaining from time to time unpaid, said payments to be made at the times, in the amount and in the manner following, to wit: the sum of fifty-six thousand one hundred fifteen dollars and thirty-two cents ($56,115.32) on the _th* day of August, 1974, and a like sum on the _th day of each succeeding November, February, and Hay, until the _th day of February, 1979, and a final payment of the sum of fifty-six thousand one hundred fifteen dollars and ten cents ($56,115.10) on the th day of Hay, 1979. All payments made on this Note shall be credited first to interest on this Note, and secondly as a direct reduction of the principal thereof, in accordance with the principal and interest amortization schedule attached hereto as Exhibit I. This Note may be prepaid in whole, but not in part, at any " time without penalty or premium. *90 days after date of note. I 'h' t . payment of this Note in accordance W1t 1tS erms 1S secured by a mortgage deed (hereinafter called the "Mortgage") of even date herewith from the City to the payee hereunder of certain premises in the City of Clearwater, pinellas County, Florida, conveyed by the payee hereunder to the City on the date hereof. Upon the failure to make any payment hereunder within 15 days of its due date or the occurrence of any other default specified in the Mortgage, the principal hereof and the interest accrued and un- paid hereon may at the option of the holder hereof be declared to be forthwith due and payable, as provided in the Hortgage. Upon surrender for exchange of this Note, or any Note issued in exchange herefor pursuant hereto, to the City at its principal office, the City at its expense will issue in exchange therefor a new Note or Notes in such denomination or denominations ($1,000 and multiples t~ereof) as may be re- quested by the holder of the Note surrendered, but otherwise of like tenor, dated the date to which interest has been paid on the surrender- ed Note or Notes, and in aggregate principal amount equal to the un- paid principal amount of the surrendered Note or Notes. Upon receipt of evidence reasonably satisfactory to the City of the loss, theft, destruction or mutilation of this Note or any Note issued in exchange pursuant to the pre- ceding paragraph, or, in the case of any such mutilation, upon surrender and cancellation of such Note, the City at its expense will execute and deliver, in lieu thereof, a - 2 - I , new Note of the same class and of like tenor, dated the date to which interest has been paid on such lost, stolen, destroyed or mutilated Note, and in principal amount equal to the unpaid principal amount of such lost, stolen, destroyed or mutilated Note. No delay or omission on the part of the holder of this Note in exercising any right hereunder shall operate as a waiver of such right or of any other right under this Note. No waiver of any such right shall be effective unless in writing and signed by the holder of this Note, nor shall a waiver on one occasion be construed as a bar to or waiver of any such right on any future occasion. The city waives presentment, demand, notice, protest, and all other demands and notices in connection with the delivery, acceptance, per- formance, default or enforcement of this Note. Should the holder attempt to collect the indebtedness repre- sented by this Note or any part thereof by proceedings at law or in equity, or in bankruptcy, insolvency, receivership or other court pro- ceedings, or should this Note be placed in the hands of attorneys for collection after default, the City agrees to pay, in addition to the principal, interest and premium, if any, due and payable thereon, all costs of collecting or attempting to collect this Note including a reasonable attorney's fee. This Note is governed by the laws of the state of Florida. IN WITNESS WHEREOF, the City has caused this 4.5% - 3- , , Mortgage Note to be duly executed and its official seal to be affixed hereto. CITY OF CLEARWATER By (SEAL) - 4 - SChedule of Direct Reduction Loan ANNUAL % RATE 4.50 PAYMENT $ 56,115.32 I LOAN $ 1000,000.00 Prepared by Financial Publishing Company, Boston ~) A YMENT PAYMENT ON BALANCE NUMBER INTEREST PRINCIPAL OF LOAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11,250.00 10,745.27 10,234.85 9,718.70 9,196.73 8,668.90 8,135..13 7,595..35 7,049.50 6,497.51 5,939.31 5,374.83 4,804.00 4,226.75 3,643.00 3,052.69 2,455.73 1,852.06 1,241.60 624.27 44,865.32 45,370.05 45,880.47 46,396.62 46,918.59 47,446.42 47,980.19 48,519.97 49,065.82 49,617.81 50,176.01 50,740.49 51,311.32 51,888.57 52,472.32 53,062.63 53,659.59 54,263.26 54,873.72 55,490.83 955,134.69 909,76/h63' 863,884.16 817,487.54 710,568.95 723,122.53 675,142.34 626 , 622 . 3 -/ 577,556.55 527,93B.74 477,162.73 427,022.24 375,710.92 323,822.35 271,350.03 218,287.40 164,627.81 110,364.55 55,490.83 56,115.10* The fiTlal paymellt is u.mally .~()mcwh(l/ different from the regulur iJuymCTI/, and i8ShO(l)T1 s/arrc1 OTl the'llus/IiTle. 1?;'306.1B I TERM: YEARS 5 EXHIBIT I MONTI-IS PAYMENT PAYMENT ON I NUMBER INTEREST PRINCIPAL PERIODS 20 BALANCE OF LOAN 1007166115 100000000 I Exhibit C to Purchase and Sale Agreement I MORTGAGE DEED THIS MORTGAGE DEED, Executed the day of May, A.D. 1974, by THE CITY OF CLEAIDvATER, CLEARWATER, FLORIDA, a duly organized and existing under the laws of Florida, hereinafter called the "Mortgagor", which term shall include singular or plural, and shall include the successors and assigns of the Mortgagor, to SAPIR INVESTMENT CO., INC., a corporation organized under the laws of the Commonwealth of Massachusetts and having its principal office at 145 California Street, Newton, Massachusetts 02158, herein- after called the "Mortgagee", which term shall include the successors and assigns of the Mortgagee. WITNESSETH THAT, WHEREAS, the Hortgagor is justly indebted to the Mortgagee in the principal sum of one million dollars ($1,000,000), whi('!h i"n~hi"~dness is hereby acknowledged and is evidenced by a certain 4.5% mortqage note payable to the Mortgagee executed by the Mortgagor bearing even date here- within the principal amount of $1,000,000 payable in 20 quar~erly installments. NOW THIS MORTGAGE DEED, WITNESSETH, that the Mortgagor for the better securing of the several sums of money mentioned in the said note does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Mortgagee in fee simple forever, all the following tract of land, of which the Mortgagor is now seized and possessed, situate, lying and being in pinellas County, State of Florida, and more particularly described as follows: [Legal description set forth on Exhibit A to Purchase and Sale Agreement to be inserted here] TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS, APPURTENANCES, EASEMENTS, RIPARIAN and other rights, and all structures and improvements now and hereafter on said land and the fixtures attached thereto, and all rents, issues and profits accruing from said premises, also all gas, steam, electric, water heating, air conditioning, cooking, refriger- ating, lighting, plumbing, ventilating, irrigating and power systems, machines, appliance~ and all shrubbery, plants and trees now growing or that may hereafter be planted or grown thereon: and fixtures and appurtenances, which now are or may be in or on said premises even though they be detached or detachable. TO HAVE AND TO HOLD the above granted premises, with the appurtenances, unto the Mortgagee in fee simple forever. I I The Mortgagor hereby covenants and agrees with the Mortgagee as follows: FIRST: That the Mortgagor is lawfully seized of the above described premises in fee simple and has good right to sell and convey the same to the Mortgagee: that the said premises are free and discharged of and from all taxes, tax titles or certificates, judgments, mechanic's liens and en- cumbrances of any nature or kind whatsoever and that the Mortgagor will fully warrant and defend the same to the Mortgagee, against the lawful claims and demands of all per- sons whomsoever, and will make such further assurances to perfect fee simple title to said land, in the Mortgagee, as may reasonably be required, and will pay the several sums of money agreed in the said note to be paid and all install- ments of principal and interest thereon promptly when due, and according to the true tenor and effect of the said note. SECOND: That the Mortgagor will pay all and singular the taxes, assessments, levies and encumbrances of61ery nature on the above described property and upon this mortgage and note, or the money secured hereby, before delinquency thereof, and promptly deliver the official receipts to the office of the Mortgagee, and if the same be not promptly paid when due, the Mortgagee may (without obligation to do so) pay the same without waiving or affecting any right contained in this mortgage or the said note and charge such sums so paid, together with a service fee of 10% of the amount thereof to the Mortgagor, and such sums of money shall bear interest from the date of payment at the rate of eight per centum per annum. If said receipts are not delivered by the Mort- gagor to the Mortgagee's office by the date the said taxes, assessments or levies become delinquent, then the Mortgagee may order a tax search of the public records to determine the true status of said taxes, assessments or levies and charge the cost of such search to the account of the Mortgagor and such charge shall be secured by this mortgage. All such ad- vances shall bear interest at the rate of eight per centum per annum. THIRD: To keep the buildings which are now, or which may hereafter be erected on the land herein described, insured against all such risks and in such amounts as is customarily carried on commercial properties of like character to the above described premises in Clearwater, Florida, but in any event against all risk by fire in a sum not less than $1,000,000, at the expense of the Mortgagor, in a good and responsible insurance company or companies, licensed to do - 2 - I I business in the state of Florida, and acceptable to the Mortgagee, for the benefit of the Mortgagee (but the Mort- gagee shall not be liable for the insolvency or irrespon- sibility of any such companies), and said policy or policies and all renewals thereof shall be deposited with and held by the Mortgagee, and said policy or policies and all renewals thereof shall contain a "Loss Payable" or "Standard Mortgagee" clause, at the option of the Mortgagee, payable to the Mortgagee as its interest may appear. Upon any default thereof, the Mortgagee may (but without obligation on its part so to do) place insurance on such building, pay the premium and charge such sums so paid, together with a ser- vice fee of 10% of the amount thereof, to the Mortgagor, and such sums of money so paid shall bear interest from the date of payment at the rate of eight per centum per annum. In the event of a loss by fire or other casualty the Mortgagor will give immediate notice by mail to the Mortgagee. FOURTH: To keep the buildings which are now or may hereafter be erected on the land herein described, insured against loss by windstorm, cyclone or tornado, in a sum not less than ~ne hundred per centum of their fair cash value, at the expense of the Mortgagor, at the option of the Mortgagee, under all the terms and conditions with respect to said in- surance as set forth in Paragraph Third of this Mortgage with respect to fire insurance. FIFTH: That all sums of money secured, paid or caused to be paid by the Mortgagee under the terms of this mortgage and herein specifically provided for, and including any expenses incurred by the Mortgagee in collection of the sums secured by this mortgage, shall be covered by the lien of this mortgage, the same as the sums of money represented by the note hereby securedo SIXTH: To permit, commit or suffer no waste, impair- ment or deterioration of said property, or any part thereof, and upon the failure of the Mortgagor to keep the buildings on said property in good condition of repair, the Mortgagee may make demand for the immediate repair of said buildings, or an increase in the amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortgagor to comply with said demand of the Mortgagee for a period of 15 days shall constitute a breach of this mortgage, and, at the option of the Mortgagee, immediately mature the entire unpaid principal and interest hereby secured, and the Mortgagee may, without notice, institute proceedings to foreclose this mortgage as hereinafter providedo - 3 - " . I I SEVENTH: That the Mortgagor hereby promises, coven- ants and agrees to pay the sums of money and interest as mentioned in said promissory note, together with any and all other sums justly due and owing the Mortgagee by the terms hereof, and secured to be paid as aforesaid, promptly when due. And if default shall be made in the payment of the said sums of money or any part thereof as provided in the said note or this mortgage, and said default shall continue for a period of fifteen days, or should the Mortgagor breach or fail to comply with any other covenant or agreement on the part of the Mortgagor to be complied with (in those cases in which the option of the Mortgagee of acceleration is not otherwise expressly provided herein) and such breach or non-compliance continue in existence for a space of fifteen days, then and from thenceforth, at the option of the Mort- gagee and without notice to the Mortgagor, the whole of said principal sum expressed in said note, together with all other sums therein provided for, shall become immediately due and payable, without notice to the said Mortgagor. EIGHTH: That in case it should become necessary to place this mortgage deed and the note secured hereby or either of them, in the hands of an attorney for collection, the said Mortgagor covenants and agrees with the Mortgagee, to pay all costs, charges and expenses of such collection, including reasonable attorney's fees whether collected by foreclosure or otherwiseo NINTH: The Mortgagor hereby waives all right of home- stead and exemption granted by the Constitution and laws of Florida. It is specifically agreed that time is of the essence of this contract and that no waiver by the Mortgagee of any obligation secured hereby shall at any time there- after be held to be a waiver of the terms hereof or of the obligation secured hereby. TENTH: That if conveyance should be made by the Mortgagor of the premises herein described or any part thereof, without the written consent of the Mortgagee and without assumption in regular form of law by the grantee of the obligation to the Mortgagee created hereunder, then and in that event and at the option of the Mortgagee and without notice to the Mortgagor, all sums of money secured hereby shall immediately and concurrently with such con- veyance become due and payable and in default whether the same are so due and payable and in default by the specific terms hereof or not. - 4 - I I ELEVENTH: That in the event the ownership of said property or any part thereof becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deal with such successor or successors in interest with reference to this mortgage and the debt hereby secured in the same manner as with the Mortgagor, and may forbear to sue or may extend time for payment of the debt secured t~ereby, without discharging or in any way affecting the liability of the Mortgagor hereunder or upon the debt hereby secured. TWELFTH: If foreclosure proceedings of any second mortgage or second trust deed or any junior lien of any kind should be instituted, the Mortgagee may, at its option, immediately or thereafter declare this mortgage and the in- debtedness secured hereby due and payable. THIRTEENTH: That in the event the premises hereby mortgaged, or any part thereof, shall be condemned and taken for public use under the power of eminent domain, the Mort- gagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee, up to the amount then unpaid on this mort- gage and the obligation secured hereby and may be applied upon the payments last payable under this mortgage and the obligation secured hereby. FOURTEENTH: Said note provides that, upon its surrender, or the surrender of any note issued in exchanqe therefor, to the Mort- gagor at its principal office, the Mortgagor at its expense will issue in exchange therefor a new' note or notes in such denomination or denominations ($1,000 and multiples thereof) as may be requested by the holder of the note surrendered, but otherwise of like tenor, dated the date to which interest has been paid on the surrendered note or notes, and in aggregate principal amount equal to the unpaid principal amount of the surrendered note or notes. The Mortgagor hereby covenants and agrees that, upon surrender of said note for exchange in accordance with the above described proviso, the Mortgagor will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, any and all such acts, deeds, consents, grants, conveyances, warranties, mortgages, pledges, assignments, transfers and assurances as the holder of said note may require in order to perfect the assignment of the Mortgagee's interest hereunder in the above granted premises to a trustee or trustees designated by said holder, said premises to be held by said trustee or trustees as a continuing lien and security interest to secure equally and ratably the payment in full of the principal of and interest on all notes issued in exchange for notes pursuant to the above described proviso. - 5 - I I PROVIDED ALWAYS HOWEVER, that if the Mortgagor shall pay unto the said Mortgagee the moneys provided for in and by said note and this mortgage and shall well and truly keep, observe and perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants thereof as and when required thereby, then this Deed and the estate hereby created shall cease and be null and void, otherwise the same shall remain of binding force and effect. IN WITNESS WHEREOF, the said Mortgagor has caused these premises to be executed in its name by its , and the corporate seal to be affixed, duly attested by its on the day and year first above written. THE CITY OF CLEARWATER ATTEST: [Seal] By Signed, sealed and delivered in the presence of: - 6 - I I STATE OF FLORIDA )' COUNTY OF PINELLAS ) Before me, the undersigned authority, this day personally appeared and , respectively, as and of THE CITY OF CLEARWATER, FLORIDA, a municipal corporation duly organized and existing under the laws of Florida, and each to me well known and known to be such officers of said city of Clearwater, and they severally acknowledged before me that they executed the fore- going mortgage deed in the presence of two subscribing wit- nesses, freely and voluntarily, for and on behalf of said city of Clearwater, for the uses and purposes therein men- tioned and intended, and with full and specific authority of the city of Clearwater in that behalf, and that the seal of affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal this May, 1974. day of Notary Public, State o~ Florida at Large My commission expires: - 7 - ~ -~ '1 . JXHIBIT D to Purchase and Sale Agreement WARRANTY DEED (FROM CORPORATION' RAMeo FORM 33 This lGfarranty Jeed Made ami ()xecuted the day of A. D. 1974 by SAPIR INVESTMENT CO., INC. a corporation existing under the laws of Massachusetts . and haping its principal place of business at 145 California Street, Newtonville, Massachusetts, hereinafter called tlte gran/or, to THE CITY OF CLEARWATER, clearwater, Florida, a municipal corporation, wflOse pos/office addr(>ss is c/o City Manager, city of Clearwater, Clearwater, Florida ltereinafter called tfte grantee: . . ('\'hrr~\!er u\ed herdn the tf'TmS "!itrantor.' and "llrantee" include all the parties to this instrum~nt a.nd the heirs, I~~al representatives and assign~ of individuals, and the successors and assigns of corporations) lfrfitnessdh: TflUt tfl<' grantor. for and in consideration of tfl(> sum of $ 10. 00 valuahle considerations, receipt whereof is Iwrehy acknowledged, by tftese presents does grant, alien, remise, release. convey and confirm unto tlle grantee. all that cer/ain land situate in County, Florida, vi=: and other hm'gain, sell. [Legal description set forth on Exhibit A to Purchase and Sale Agreement to be inserted here] logdher wise appertaining. 10 liaue and to with all tfle tenements. hereditaments and appurtenances thereto belongino or in any- liold, the same in fee simple forever. flnd the grantor hereby covenants with said grantee that it is lawfully seized of said lqnd in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war- rants the title to said lar.d and will defend the same against tf1<' lawful claims of all persons whomsoever; and that said land is free of all encumbrances, subj ect only to easements, restrictions and reservations of record. (CORPORATE SEAL) In ~Unrss ~hereof the grantor flUS caused these presents to be executed in its name, and its corporate seal to, be hereunto affixed.liy its proper officers thereunto duly autllOri=ecl, tll(> day and year first al)()/Jewrittc!/l. ATIES'r: .._.... on..._______.......... ._....-...... _...... _........ ............. Clerk ~ Signed. sealed and delivered in tflC presence of: SAPIR INVESTMENT CO., INC. By..__.....___. _.. Dan iel"'S-~""Shapiro;....t.t.s'- p;'~~'i;i;;;~"-" STATE OF MASSACHUSE'l"l'S COUNTY OF NOHFOLK } ] JlEREUY CERTIFY tltat on thi~ day. hrfore mt', an orrict"r duly aUlhori,t"d in the Slate and County a(orrsaid to' tak~ a('.knowlt'd~rncnt:\. p",ol13l1y .pp~md Daniel S. Shapiro and Rose Shapiro wdl known 10 me' to bt'! thr PU'sidcnt and Clerk rt"S[lf'ctlvely of' the corpor~tlon naJ11f'd 8!1, grantor in the forr~l)in!it drt'cI. and that thf'Y ..r',t"ully ;u'kllowlrd~...(J r'f'('uti,:,,< th~ unar in tht' pl.t~rncr of two auhscrihin,'( witn~'sr! frr('ly and voluntarily under .Authority duly ,"'('scrd in them by said corporation and that. thr- 8('.11 affi...ed Ih~rrlo i.\ the true c,ofJJOI"atC" 3("al ul said cnrpnratiun. WIT~ESS my t&and ami oUicial J('al in thr C()lIl1ty :-nd Sfatf' la~ t arorr~ai(f lhi~ day (If ,A. D. 1'174 rhi, l/J.llmlllt'JJll/f'tpilmll~y: 0, j,Jr.,.. ')'"!....~'7.,j!Sy, ~, , .- ..it'I,014. !Butt.'L .8 'a'1~!OCi4ll4:i MIIJN1CI~AL,ItNOtNU- AND "-AND 8UltYln'0M .' .3' l.AU"A ."',,11:"', C"'IAIIIWA.tII. ~ a..'. ;C' E FLA, NO 3303 p,~. GA. NO,3358 ) ('8 ,",'0,' "5974 ___I .; R, S FLA n:) 875 " ,. ~M~" C1S.l1'_HP[": j;,.alty F ;:~ SEe \5 ,TWP. '2~ ' $, RGE. \5 E SC: ALE LE(;AL DESCRIPTION - ''Montgomery Ward property" " I I I :'!.:!H:: ,:i!:_ ; lrom theNortheastcornelr of th~:iWW~"ot: Section 15. Township 29 South, Range, l':> East, runS 0"'03' 52nEa1otngthe~*t't~)a*~: SOu~h center-line of said Section 1), ,959.}O feet t II the .south:edy~i#~ (l:~ICl~veblnd Street; thence N 89041'481r~ a l Dill? t.:H'>outberly line of Gliflvela~A':il'tr,ett30.0f.etfor Point of Beginning; thenuo X 8';,041 '48"1" along~h~ slouthet'i~M!i'l~e (ltCleve~and Stree~. 227.45 feet; thence S 0 012 '49"1"'; along theWelster1yU~e1()f ]i.ot 20 C1eat'WaterHeight 5 as recorded in !,~:l~t, l~o~k 4,: Page 9~:of ;the, p~qffiH~ec~td$,of Hillsboro48h Count~. Florida of f~llC;:(\ f'wellas COt)I?n:wa!S fOl'nle~~Yl:par~, 109:.63 feet to the SO\lthwesterlv (orner "pf saidll~t20; tqence Ni 89?~,8t~3~1W':a.lomgthe ~orther1ylin~ of Lo.t25 of said :{~;l~arwater li~jghts,'59 .6i5 ,feet~!!I~llelhce: $ 009,21~5''E along the Westerly line of "liots 25,30,33 and' 38 ~nd ~jlS~.~~~Y"i:,).i~.ofAl~xander Street, 257.16fet:t to tlH:' :~p ,ac:re line andth~ Noxjther[y[:m;~p~i!l:cif:Lot 1 of R. H. Padgetts Subdivision as rto- corcl,e!tf in Plflt Book 5,. Bage:~7;~~~!~!~~Bli1blic R~cords of Hillsborough Count\" dorida ,bJwh,ich Pinellas q{)untM was: f~~~r,~Y,.a:!.p~~t; thence N 89"12'52''Walong the ~O acre ..~.;ine~U1d the, North~r1Y ~.f.l\le o~i~,.~dfi!t;ot 1,7.56 feet; thence S 0003'52"E allln~ the :~ef;terly lil1~ of th~Jl:a~t\. of"f,#~~~li'~ot,1; 330'.0 feet to the Northerly line of lot F of:R.H" P:~dgett~'Subqivisiq~!!I,s;~~c~rf;l,ecl in! Plat Book 4, Page '32 of the Puhlic ~ecoq:ls ot; ~ine lla~(;!outity, F~~~~~~f~;jt~~pceN 69012' 52''W along sa:i;d Northerh ! 'j ne, '.:Pi2L:},.R f~e. tto . the:NortlJWesl:~x;t~tl: ~,d~~epof :~at~ Lot, 4 ; thence S 0"'01 '15 "E a l \Ii,: t~1~2"i~$terly! hne ~sa1d LO~4.i~:~i! ~~~:~O J~ettQftheSouthwesterly., corner of ';H 1.1 Lot ~il;h!~Jn<;~!S :89"'12f52"~~lbng: tli~: ~o~~h~t~'! Un~ of said~ot 4,: 652.63 feet tn tbe : :F-a st,',',~',::r,l" Y,'. Jin,' I,e,' of'S, a,'"i. ,d L,CJ, t ,4 ',an,d, '..., '.,:it, jae,:I:,"',N,'. bP, ',t, '~. ", ~n,d, '~, o,U, th. ,den, ter-l ine Of"" sa,i, d s,'.,e l ~ j on 1 ~ ; t.nenq~~' NOD03' 52'\4!!alon~ the ~:~~~rr~Y H~~ .of ,said Lot 4 and. said Lot 1 a[1(; the ~ortH! .and Sl~~th_ ceIilt'er-l!.tne O~!!i~~~d!ll$e~tlC)n15:,660.0 feet to theNo:r~heas I er 1/ !COr\l(~:T of S~"Ld Lot ,land the!'~!~:"il-J.~r:~, Une i tnel1ceN 89012 f 52'\4 aJ~ng$a Id4lJ aCrE' 'line 'andJhe \iort1)~JrlY'~i~e1 :o:f,:j"id!::l.ot'lt~O.O feet; thence N Ori03'S2'\.: dJO'lg 'the ~,:!ested)1 Right ,of w~y.:l~:~~ii!i,~[. l1m,~spU~iAv~ue, 368.'8 feet to p.O. i3. lb~, tI,e f:ast""rty30.:U feetpfsC\M.~iq~:j'lffi[l!an!~.s~~~~;Lot 4 for Road Right of\ll~i; AL~\) ,ES~) !thES,)ut~ ?D.O ~e~t;.of ~h~}[~:~~iffi~'.~~'i s~~dLot} for Stre,et Right of ~Way as (,.)J1\'eved 'lJd the,tt v.Jf (le~it"I'at~t: b:V,,~~I\l,Ir)~i~,:w~rra,nty Deed; Subject to an F~asemen1 ,.lVe,r the ~orth :?O.OfieetqftMe~!)~th40'.O f'E!;et!;()~.t1~e~a8t ~,of:.aid Lot:1 for StueL dnd pt i U;t,Y ,Eas~mentafld;.ov~r'" tKe~~f':tn!20:.Pi J.~ift :1of the So~th 60. o feetJ of the ~a.; l .~ :!df sa,id'J,otl for yr?er~;r~;n.i~d~~:iilt~:le~!,'~J!set:fQrth in a Resolut ton by Ci,r\ (l f '\H~eaD4att\ri iFlorid~ (J.'e'lf)lliti~~,:rp~I:61~$Oh :'~~BO: ,subject to Easement,s and Ri.ght vf :,L!..''Y' <' ")f R<, e'\l''''d " : '"I"'" ' . "I' "~~.. ,u i,l.. ~'. L . I, ::\!i-l: i. :t:~'i.:;, ' .' ,I: ':.!:l': :;ii';:i!C'fi!" . :: ':' . ',,:;,,!.I,'i,t,',n,: ,',''',,:f,I!I,::,ill.,;,';,'',IH'':,',''; , AP'[ i L .ilr, i I' ilifl"', ':'11' 'Ii I ,ll!lqf'>l I ' ,lll1tH I 'Ill) "III t'l I,'"'' , I '1,"1: 1111,,11',"11 'I I'~II d, I ! I fill I ~I dt"~" I) . ",,[ U1111,ijl ,~" Ii imlfJ1 "i II I", :, , .' .. ~,.>~~-,.~ "T--"I!'"~m"r':IT'~".!WITr'"l''nri:I';J':''''w'''T''' "~""""'>'''''''''''~->-r,-,..,.,---..-..<..,.,~,_.. ~_..- lilll!! .::i i i j . i :I,'1'1jil'I,' ,'1'1'"""",:, I' , " ~dl:!:': " i 1':1 ,,' " '1 / 1 , :'~ I t I l ! ,'~ I LEO,M. BUTLER & ASS(11 TArts .,,;.~_~~i~'~~:~JJ~ .-:-: '- \; ',- " ,.,... ~ ~~/0 ~,-:-- '-" ,~:~, ( .r -4' .....2-,........ - ::.-: - .1 ~'~ .,~, .t.~ ~ _,'::~~ -~ ~ t-~"'" ~~; ~;;,..~,,' #^J, ,. ,~~. .;;#/t~ ,..:::.7.:,......' , :: ..:: r ~,~.,_..:, _ '\:."....\.......~. Ii R. N. KtNG",P :E. , .....,...~...-'.........."" " Reg. SUrveyor No. 875 .. ~._!" ;: ~,\."::. oJ! NOT VALID UNLESS SEALED WITH MY EMBO~~p$l.mVEYOFl'S SEAL ::ill*!ri'!! :~l~ .j , .'"' ,. "I r MORTGAGE DEED i,",' THIS MORTGAGE DEED, executed the 8th day of May, A. D. 1974, by the CITY OF CLEARWATER, FLORIDA, a municipal corporation, herein- after called the "Mortgagor", which term shall include singular or plural, and shall include the successors and assigns of the Mortgagor, to SAPIR INVESTMENT CO., INC., a corporation organized under the laws of the Commonwealth of Massachusetts and having its principal office at 145 California Street, Newton, Massachusetts 02158, hereinafter called the "Mortgagee", which term shall include the successors and assigns of the Mortgagee. WITNESSETH THAT, WHEREAS, the Mortgagor is justly indebted to the Mortgagee in the principal sum of One Million Dollars ($1,000,000), which indebtedness is hereby acknowledged and is evidenced by a certain 4.5% mortgage note payable to the Mortgagee executed by the Mortgagor bearing even date herewith in the principal amount of $1,000,000 payable in twenty (20) quarterly installments. NOW THIS MORTGAGE DEED, WITNESSETH, that the Mortgagor for the better securing of the several sums of money mentioned in the said note does hereby grant, bargain, sell, alien, ,remise, release, convey and confirm unto the Mortgagee in fee simple forever, all the following tract of land, of which the Mortgagor is now seized and possessed, situate, lying and being in Pinellas County, State of Florida, and more particularly described as follows: From the NE corner of the NW 1/4 of Section IS, Township 29 South, Range IS East run S 0003'52" E along the North and South centerline of said Section I J), 959. 20 feet to the Southerly line of Cleveland Street; thence N 89041'48" W along the Southerly line of Cleveland Street, 30.0 feet for P. O. B. ; thence N 89041'48" W along the Southerly line of Cleveland Street, 227.45 feet; thence S 00 02'49'IW along the Westerly line of Lot 20, Clearwater Heights as recorded in Plat Book 4, page 99 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, 109. 63 feet to the Southwesterly corner of said Lot 20; thence N 89028'23" W along the Northerly line of Lot 25 of said Clearwater Heights, 59.65 feet; thence S 0002'35" E along the Westerly line of Lots 25, 30, 33 and 38 and Easterly line of Alexander Street, 257. 16 feet to the 40 acre line and the Northerly line of Lot 1 of R. H. Padgett's Subdivision as recorded in Plat Book 5, page 27 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part;. thence N 89012'52'1 W along the 40 acre line and the Northerly line of said Lot 1, 7.56 feet; thence S 0003' 52" E along the Westerly line of the East 1/2 of said Lot 1, 330. 0 feet to the Northerly line of ,Lot 4 of R. H. Padgett's Subdivision as recorded in Plat Book 4, page 32 of the Public Records of Pinellas County, Florida; thence N 89012'5211 W along said Northerly line, 327.38 feet to the Northwesterly corner of said Lot 4; thence S 0001'15" E along the Westerly line of said Lot 4, 330. 0 feet to the Southwesterly corner of said Lot 4; thence S 89012' 52'1 E along the Southerly line of said Lot 4, 652.63 feet to the Easterly line of said Lot 4 and the North and South centerline of said Section 15; thence N 0003' 52" W along the Easterly line of said Lot 4 and said Lot 1 and the North and South centerline of said Section 15, 660. 0 feet to the Northeasterly corner of said Lot 1 and the 40 acre line; thence N 89012'52" W along said 40 acre line and the Northerly line of said Lot 1, 30.0 feet; thence N 0003' 52" W along the Westerly right-of-way line of Missouri Avenue, 368.98 feet to P. O. B. LESS the Easterly 30.0 fect of said Lot 1 and C;. f? 4/ b9 Pao Ilf7 (p -1- ')n~ 9) /171 Lf.' 1- v f~ ~ '1;) Q ~ '-;) ~ ~, ~~ If 7 qOb t(:J", t 2 -.. I J said Lot 4 for road right-of-way; ALSO LESS the South 2.0.0 feet of the East 1 / 2. of said Lot 1 for street right-of-way as conveyed to the City of Clearwater by Special Warranty Deed. Subject to an Easement over the North 2.0. 0 feet pf the South 40. 0 feet of the East 1 /2. of said Lot 1 for street and utility easement and over the North 2.0.0 feet of the South 60. 0 feet of the East 1 / 2. of said Lot 1 for underground utilitie s as set forth in a Resolution by City of Clea'rwater, Florida (Resolution No. 61-50). Also subject to Easements and Rights-of-Way of record. TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS, APPURTENANCES, EASEMENTS, RIPARIAN and other rights, and all structures and improvements now and hereafter on said land and the fixtures attached thereto, and all rents, issues and profits accruing from said premises, also all gas, steam, electric, water heating, air conditioning, cooking, refrigerating, lighting, plumbing, ventilating, irrigating and power systems, machines, appliances, and all shrubbery, plants and trees now growing or that may here- after be planted or grown thereon; and fixtures and appurtenances, which now are or may be in or on said premises even though they be detached or detachable. TO HAVE AND TO HOLD the above granted premises, with the appurtenances, unto the Mortgagee in fee simple forever. The Mortgagor hereby covenants and agrees with the Mortgagee as follows: FIRST: That the Mortgagor is lawfully seized of the above described premises in fee simple and has good right to sell and convey the same to the Mortgagee; that the said premises are free and discharged of and from all taxes, tax titles or certificates, judgments, mechanic's liens and encumbrances of any nature or kind whatsoever and that the Mortgagor will fully warrant and defend the same to the Mortgagee, against the lawful claims and demands of all persons whomsoever, and will make such further assurances to perfect fee simple title to said land, in the Mortgagee, as may reasonably be required, and will pay the several sums of money agreed in the said note to be paid and all installments of principal and interest thereon promptly when eue, an~ according to the true tenor and effect of the said note. " SECOND: That the Mortgagor will pay all and singular the taxes, assessments, levies and encumbrances of every nature on the above described property and upon this mortgage and note, or the money secured hereby, before delinquency thereof, and promptly deliver the official receipts to the office of the Mortgagee, and if the same be not promptly paid when due, the Mortgagee may (without obligation to do so) pay the same without waiving or affecting any right contained in this mortgage or the said note and charge such sums so paid, together with a service fee of 10% of the amount thereof to the Mortgagor, and such sums of money shall bear intere st from the date of payment at the r~te of eight per centum.(8%) per annum. If said receipts are not delivered by the Mortgagor to the Mortgagee's office by the date the said taxes, assessments or levies become delinquent, then the Mortgagee lnay order a tax search of the public records to determine the true status of said taxes, assessn~ents or levies and charge the cost of such search to the account of the Mortgagor and such charge shall be secured by this mortgage. All such advances shall bear interest at the rate of eight per centum (8%) per annum. -2- r I I THIRD: To keep the buildings which are now, or which may hereafter be erected on the land herein described, insured against all such risks and in such amounts as is customarily carried on commercial properties of like character to the above described premises in Clearwater, Florida, but in any event against all risk by fire in a sum not les s than $1, 000, 000, at the expense of the Mortgagor, in a good and responsible insurance company or companies, licensed to do business in the State of Florida, and acceptable to the Mortgagee, for the benefit of the Mortgagee (but the Mortgagee shall not be liable for the insolvency or irresponsibility of any such companies), and said policy or policies and all renewals thereof shall be deposited with and held by the Mortgagee, and said policy or policies and all renewals thereof shall contain a "Loss Payable" or "Standard Mortgagee" clause, at the option of the Mortgagee, payable to the Mortgagee as its interest may appear. Upon any default thereof, the Mortgagee may (but without obligation on its part so to do) place insurance on such building, pay the premium and charge such sums so paid, together with a service fee of 10% of the amount thereof, to the Mortgagor, and such sums of money so paid shall bear interest from the date of payment at the rate of eight per centum (8%) per annum. In the event of a los s by fire or other casualty the Mortgagor will give immediate notice by mail to the Mortgagee. FOUR TH: To keep the buildings which are now or may hereafter be erected on the land herein described, insured against los s by windstorm, cyclone or tornado, in a sum not less than one hundred per centum (100%) of their fair cash value, at the expense of the Mortgagor, at the option of . the Mortgagee, under all the terms and conditions with respect to said insurance as set forth in Paragraph Third of this Mortgage with respect to fire insurance. FIFTH: That all sums of money secured, paid or caused to be paid by the Mortgagee under the terms of this mortgage and herein specifically provided for, and including any expenses incurred by- the Mortgagee in collection of the sums secured by this mortgage, shall be covered by the lien of this mortgage, the same as the sums of money represented by the note hereby secured. SIXTH: To permit; 'commit or suffer no waste, impairment or deterior- ation of said property, or any part thereof, and upon the failure of the Mortgagor to keep the buildings on said property in good condition of repair, the Mortgagee may make demand for the immediate repair of said buildings, or an increase in the amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortgagor to comply with said demand of the Mortgagee for a period of 15 days shall constitute a breach of this mortgage, and, at the option of the Mortgagee, immediately mature the entire unpaid principal and interest hereby secured, and the Mortgagee may, without notice, institute proceedings to foreclose this mortgage as hereinafter provided. SEVENTH: That the Mortgagor hereby promises, covenants and agrees to p2.y the sums of money and int erest as mentioned in said promissory note, together with any and all other sums justly due and owing the Mortgagee by the terms hereof, and secured to be paid as aforesaid, promptly when due. And if default shall be made in the payment of the said sums of money or any part thereof as provided in the said note or this mortgage, and said default shall continue for a period of fifteen days, or should the Mortgagor breach or fail to comply with any other covenant or agreement on the part of the Mortgagor to be complied with (in those cases in which the option of the Mortgagee of acceleration is not otherwise expressly provided herein) and such breach or non-compliance continue in existence for a space of fifteen days, then and from thenceforth, at the option of the Mortgagee and without notice to the Mortgagor, the whole of said principal sum expres sed in said note, together with all other sums therein provided for, shall become immediately due and payable, without notice to the s.aid Mortgagor. - 3- ~ I I EIGHTH: That in case it should become nece,ssary to place this mortgage deed and the note secured hereby or either of them, in the hands of an attorney for collection, the said Mortgagor covenants and agrees with the Mortgagee, to pay all costs, charges and expenses of such collection, including reasonable attorney's fees whether collected by foreclosure or otherwise. NINTH: The Mortgagor hereby waives all right of homestead and exemption granted by the Constitution and laws of Florida. It is specificat'ly agreed that time is of the essence of this contract and that no waiver by the Mortgagee of any obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the obligation secured hereby. TENTH: That if conveyance should be made by the Mortgagor of the premises herein described or any part thereof, without the written consent of the Mortgagee and without assumption in regular form of law by the grantee of the obligation to the Mortgagee created hereunder, then and in that event and at the option of the Mortgagee and without notice to the Mortgagor, all sums of money secured hereby shall immediately and concurrently with such conveyance become due and payable and in default whether the same are so due and payable and in default by the specific terms hereof or not. ELEVENTH: That in the event the ownership of said property or any part thereof becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deal with such successor or successors in interest with reference to this mortgage and the debt hereby secured in the . same manner as with the Mortgagor, and may forbear to sue or may extend time for payment of the debt secured thereby, without discharging or in any way affecting the liability of the Mortgagor hereunder or upon the debt hereby secured. TWELFTH: If foreclosure proceedings of any second mortgage or second trust deed or any junior lien of any kind should be instituted, the Mortgagee may, at its option, immediately or thereafter declare this mortgage and the indebtedness secured hereby due and payable. THIR TEENTH: That in the event the premises hereby mortgaged, or any part thereof, shall be condemned and taken for public use under the power of eminent domain, the Mortgagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee, up to the amount then unpaid on this mortgage and the obligation secured hereby and may be applied upon the payments last payable under this mortgage and the obligation secured hereby. FOUR TEENTH: Said note provides that, upon its surrender, or the surrender of any note is sued in exchange therefor, to the Mortgagor at its principal office, the Mqrtgagor at its expense will issue in exchange therefor a new note or notes in such denomination or denominations ($1, 000 and multiples thereof) as may be requested by the holder of the note surrendered, but otherwise of like tenor, dated the date to which interest has been paid on the surrendered note or notes, and in aggregate principal amount equal to the unpaid principal amount of the surrendered note or notes. ,The Mortgagor hereby covenants and agrees that, upon surrender of said note for exchange in accordance with the above described proviso, the Mortgagor will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, any and all such acts, deeds, consents, grants, conveyances, warranties, mortgages, pledges, assignments, transfers and as surances as the holder of said note may require in order to perfect the assignment of the Mortgagee's interest hereunder in the above granted premises to a trustee or trustees designated by said holder, said premises to be held by said trustee or trustees as a continuing lien and security interest to secure equally and ratably the payment in full of the principal of and interest on all notes issued in exchange for notes pursuant to the above described proviso. -4- i ~", . . . ,>> . I I PROVIDED ALWAYS HOWEVER, that if the Mortgagor shall pay unto the said Mortgagee the moneys provided for in and by said note and this mortgage and shall well and truly keep, observe and perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants thereof as and when required thereby, then this Deed and the estate hereby created shall cease and be null and void, otherwise the same shall remain of binding force and effect. IN WITNESS WHEREOF, the said Mortgagor has caused these premises to be executed in its name by its City Manager, City Clerk, countersigned by its Mayor-Commissioner, and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached, the day and year first above written. CITY OF CLEARWATER, FLORIDA C ounte r signed: / s / H. Everett Hougen Mayor-Commissioner By / s / Picot B. Floyd City Manager Attest: Approved as to form & correctness: , / s / R. G. Whitehead City Clerk /s/ Herbert M. Brown City Attorney . Signed, sealed and delivered in the presence of: /s/ Dorothy L. Shapley /s/ Betty A. Russell STATE OF FLORIDA) '. ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this 8th day of May, A. D. 1974, before me personally appeared Picot B. Floyd, H. Everett Hougen, Herbert M. Brown and R. G. Whitehead, respectively City Manager, Mayor-Commissioner, City Attorney and City Clerk of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing Mortgage Deed 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. My Com.mission Expires: /s/ Betty A. Russell Notary Public, State of Florida At Large Aug. 1, 1974 -5- I I CITY'OF CLEARWATER, FLORIDA 4. 5% MORTGAGE NOTE $1,000,000. May 8, 1974 CITY OF CLEARWATER, FLORIDA, a municipal corporation, (herein called the "City"), for value received, hereby promises to pay to the order of SAPffi INVESTMENT CO., INC., a Massachusetts corporation, at its office at 145 California Street, Newton, Massachusetts 02158, or such other location or locations as the holder hereof shall at any time or from time to time designate in writing, the principal sum of One Million Dollars ($1,000,000.), together with interest from the date hereof at the rate of 4.5% per annum on the principal balance remaining from time to time unpaid, said paytnents to be made at the times, in the amount and in the manner following, to wit: The sum of Fifty-six Thousand One Hundred Fifteen Dollars and Thirty-two Cents ($56, U5. 32) on the 8th day of August, 1974, and a like sum on the 8th day of each succeeding November, February and May, until the 8th day of February, 1979, and a final paytnent of the sum of Fifty-six Thousand One Hundred Fifteen Dollars and Ten Cents ($56, 115. 10) on the 8th day of May, 1979. All payments made on this Note shall be credited first to interest on this Note, and secondly as a direct reduction of the principal thereof, in accordance with the principal and interest amortization schedule attached hereto as Exhibit 1. This Note may be prepaid in whole, but not in part, at any time without penalty or premium. Payment of this Note in accordance with its terms is secured by a mortgage deed (hereinafter called the "Mortgage") of even date herewith from the City to the Payee hereunder of certain premises in the City of Clearwater, Pinellas County, Florida, conveyed by the Payee hereunder to the City on the date hereof. -1- I I Upon the failure to make any payment hereunder within fifteen (15) days of its due date or the occurrence of any other default s~ecified in the Mortgage, the principal hereof and the interest accrued and unpaid hereon may at the option of the holder hereof be declared to be forthwith due and payable, as provided in the Mortgage. Upon surrender for exchange of this Note, or any Note issued in exchange herefor pursuant hereto, to the City at its principal office, the City at its expense will issue in exchange therefor a new Note or Notes in such denomination or denominations ($1,000 and multiples thereof) as may be requested by the holder of the Note surrendered, but otherwise of like tenor, dated the date to which interest has been paid on the surrenc;lered Note or Notes, and in aggregate principal amount equal to the unpaid principal amount of the surrendered Note or Notes. Upon receipt of evidence reasonably satisfactory to the City of the loss, theft, destruction or mutilation of this Note or any Note issued in exchange pursuant to the preceding paragraph, or, in the case of any such mutilation, upon surrender and cancellation of such Note, the City at its expense will execute and deliver, in lieu thereof, a new Note of the same class and of like tenor, dated the date to which interest has been paid on such lost, stolen, destroyed or mutilated Note, and in prin:ipal amount equal to the unpaid principal amount of such lost, stolen, destroyed or mutilated Note. No delay or omission on the part of the holder of this Note in exercising any right hereunder sha.ll operate as a waiver of such right or of any other right under this Note. No waiver of any such right shall be effective unless in writing and signed by the holder of this Note, nor shall a waiver on one occasion be construed as a bar to or waiver of any such right on any future occasion. The City waives presentn~ent, demand, notice, protest, and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement of this Note. -2- i~", i I r Should the holder attempt to collect the indebtedness represented by this Note or any part thereof by proceedings at law or in equity, or in bankruptcy, insolvency, receivership or other court proceedings, or should this Note be placed in the hands of attorneys for collection after default, the City agrees to pay, in addition to the principal, interest and premium, if any, due and payable thereon, all costs of collecting or attempting to collect this Note including a reasonable attorney.s fee. This Note is governed by the laws of the State of Florida. IN WITNESS WHEREOF, the City has .caused this 4. 5% Mortgage Note to be duly executed and its official seal to be affixed hereto. CITY OF CLEARWATER, FLORIDA Countersigned: By / s / Picot B. Floyd City Manager I S / H. Everett Hougen Mayor - C ommis sioner Attest: Approved as to form and correctness: /s/ R. G. Whitehead City Clerk / s / Herbert M. Brown City Attorney -3- Schcduh' of Dirl'Ct Rcdudion Loall ANNUAL % RATE 4.50 PA YMENT $ 56,115.32 I LOAN $ 1000,000.00 Prepared by Financial Publishing Company, Boston 'A YME.NT PA YMENT ON BALANCE NUMBER INTEREST PRINCIPAL OF LOA0l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11,250.00 10,745.27 10,234.05 9,718.70 9,196.73 8,668.90 8$1135.13 7,.595.35 7,049.50 6,497..51 5,.939.31 5,374.83 4,804.00 4,226.75 3,643.00 3,052.69 2,455.73 1,852.06 1,241.60 624027 44,865.32 45,370.05 45,800.47 46,396.62 46,918.59 47,446.'t2 47,980.19 48,519.CJ7 49,065.82 491'617.01 50,176.01 50,740.49 51,311.32 51,888.57 52,472.32 53,062.63 53,659.59 54,263.26 54,873.72 55,490.83 I TERM: YEARS 5 EXIIIBI'l' I MONTHS PEHIODS 20 PA YI'vlENT PA YMENT ON NUMBER INTEREST PRINCIPAL BAL:\:\CE OF LOX\ 955,13't.6S 909,764.63' 863,884.16 817,40-'.54 770,568.9S 723,122.53 675,142.34 626,622.3-' 577,556.55 527,938.74 477,762.73 427,022.24 315,710.92 323,822.35 271,350.03 218,287.40 164,627.81 110,364.55 55,490.83 56,115.10" the filiI/I IJ 1/.11 1111' lit is 1I.llIldl'l .\/I""'II'/lIIt .Iill,'re/ll fr/ll/l /h.. 'l'I!I,[llr PI/Yl/lellt. I/fIl/ i.~ .\/III11'fI .Itll/ rl't! /In th.. 1..1' /ill". 1 .':' \() (,. I FI lornl (,{,]\'j lOl)oOon()() "- . -~ I CLOSING STATEMENT I Clearwater, Florida May 8, 1974 Seller: Sapir Investment Co., Inc. Purchaser: City of Clearwater, Florida Property Description: Property in Sec. 15-29-15 known as IIMontgomery Ward Propertyll Credits to Seller: Sales Price $1, 150,000.00 Credits to Purchaser: Earne st money depos it Purchase Money Mortgage Cash to close $ 50,000.00 1,000,000.00 100,000.00 $1, 150,000.00 $1, 150,000.00 Expenses: Documentar.y Stamps on Deed: State $3,450.00 Sur-tax 1,265.00 $4,715.00 Documentary Stamps on Note 1,500. 00 Intangible Tax on Mortgage 2,000.00 Recording Deed & Mortgage 26.00 Title Insurance - Coastal Bonded Title Co. 2,425.00 $10,666.00 Seller's. check for pro-rata portion of taxes $10,451. 20. Based on last year's taxes - $29,775.50 Multiple of . 351 used for this date. .,J. I '. I O.R. ~ 884. PAGE 1571 -~- 79118700 FLORIDA SATISFACTION OF MORTGAGE We, Daniel P. Shapiro and Leonard Kaplan, as Executors of the estate of Alexander Shapiro, and not individually, holders of a mortgage executed by the City of Clearwater, Florida, a municipal corporation, to Sapir Investment Co., Inc., dated May 8, 1974, recorded in O.R. Book 4169, Page 1476 with the Public Records of Pinellas County, Florida, assigned to us by instrument dated April 10, 1975 and recorded in O.R. Book 4287, Page 1898 in said Public Records hereby on this /ZHI. day of ..::J'"U.(!J , 1979 acknowledge the full payment and satisfaction of that mortgage. "1 /._ :2' .J a:: :; 4 5 t .'~ h~' ,(..) u ~..., .....:- ... ,~) .....,.....- ". .~. \ :-.'. ).,p. .:::>. :'.<.'.: '-j ~.. . L~ ott .. t..' ~'.".: ~ ~ a: :z: IoU ii. -:.t;; .. ..... .. , Z ~ 0\ W\ N ~i~lJir~~tor as aforesaid and not individually co - -LJ.--- n, as Executor and not individually -4 q'; OJ Cc;::'] n@;l -:?(jl) il ~. lLi~ ,-"'. 4.3 ~~t~D ~ p!f Commonwealth of Massachusetts County of Suffolk I hereby certify that on this day before me, an officer duly authorized in the commonwealth aforesaid and in the County aforesaid :t.gtc:tl<.~?-c:kIl9wle_dgl!l€!l1ts,_ per~onaJ.ly_apP€!ar:edr.eona:J:A Kaplan to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same as executor as aforesaid. . ( (I This instrument was prepared by Nutter, McClennen & Fish Federal Reserve Plaza 600 Atlantic Avenue Boston, Mass. 02210 RETURN TO: CITY CLERK P. O. BOX 4748 CLEARWATER, FLA. 33518 ,I-i . III ~.. I , . I '. .' O.R. ~ 884 PAGE 1 572 Witness my hand and the official seal in the County and Corrunonweal th last aforesaid this IZ~day of ~ ' 1979., , \ \,," '.i My corrunission expires: '/ "'0 \- ~ ~ \ ~ , ~ : CO ! ~ o ' ,,::>;;;' tl(~rl f~.,:,~/l Corrunonwealth of Massachusetts County of I hereby certify that on this day before me, an officer duly authorized in the Corrunonwealth aforesaid and in the County afore- said to take acknowledgements, personally appeared Daniel P. Shapiro to me known to be the person described in and who executed the fore- going instrument and acknowledged before me that he executed the same as executor as aforesaid. Witness Corrunonwealth my hand and the official seal in the County and last aforesaid this Ibit, day of J'u I Y ,1979.~ \.;: . .~ /7 -" ,r -tF-vvi"-M '" /1. ~ ~ ~ ;, ~__:.~~ v~, ~ Notary t:fuj/l-ic" - ~ ~ . My corrunission expires: lj../~~j9D ,'~ ... ""--' ~ cJr Y 0 F C LEA R W ATE R Interdepertment Corre.pondenee Sheet TO: ' Clal'k Lowl'.Y. n-C. Dil'ector J R. Q. Whitehead., City Clerk FROM: Thoma. A. B.. till, City AttorD.Y COPIES: SUBJECT: SapiJ' 1IlY..tlnat CO.. 1M. DATE: J_-ry 11, 1978 Attached hereto ill 1ettel' rec.l..d la W. offlc. o:a JU1I&ry 9. 1918, cODcerDln.l a..llmn_' of monp.. wWcb the City of Clearwater bad pnvlouly ...ended to Dude! P. llaapll'O aad Leo....d Kaplaa. a. Trut.... Alto attacla" I. . copy 01 the A..lpmeat of Morta.,. De. &Ad Note. Plea. e Dote the chall,e ., addr.. I fot" all payment' and notice.. ~A~ TAB.bl' City Attorney Atta. ~ I I NUTTER, Me CLENNEN & FISH 75 FEOERAL STREET BOSTON, MASSACHUSETTS 02110 CABLE ADDRESS "DUNTER" AREA CODE 617 423-7011 January 6, 1978 8-06704-001-3 ..,,', " City of Clearwater p. O. Box 4748 Clearwater, Florida 33518 W~1J ,~:1:..:I'~~~:~:,~";.'~~~ ~: _.":I"':~'; ;::" Attention: Legal Department Guy Kennedy, Jr., Esquire Re: Sapir Investment Co., Tnc. Gentlemen: Reference is made to the 4.5% Mortgage Note dated May 8, 1974 of the City of Clearwater, Florida payable to the order of Sapir Investment Co., Inc. ("Sapir") in the original principal amount of $1,000,000.00 (the "Mortgage Note"), secured by a Mortgage Deed (the "Mortgage Deed") of even date therewith of certain premises in Clearwater, Florida described therein, the Mortgage Deed and Mortgage Note having been recorded with the Offical Records of Pinellas County, Florida on May 9, 1974 at O.R. 4169, Page 1476, et seq, and to the Assignment dated April 10, 1975 of Mortgage-Deed and Note, recorded on May 12, 1975 with the Official Records of Pinellas County, Florida at O.R. 4287, Page 1898, transferring and assigning the Mortgage Note and Mortgage Deed, pursuant to the plan of liquidation and dissolution of Sapir, from Sapir to Daniel P. Shapiro and Leonard Kaplan as Executors of the Will of Alexander Shapiro and not individually. Please be informed that, pursuant to the provisions of Article Fourth of the Will of said Alexander Shapiro, the Mortgage Note and Mortgage Deed was further assigned and transferred on October 26, 1977 from said Executors to Daniel P. Shapiro and Leonard Kaplan, as Trustees under the Alexander Shapiro Indenture of Trust dated June 3, 1969 and not individually. Enclosed is an executed copy of the Assignment of Mortgage Deed and Note dated October 26, 1977, a counterpart of which is being transmitted simul- taneously herewith to the appropriate official of Pinellas County Florida, for recording. ... ,-,"" I I NUTTER, Me CLENNEN & FISH -2- January ;6;, 1978 In accordance with the foregoing, please make all future payments on account of the Mortgage Note to: Daniel P. Shapiro and Leonard Kaplan Trustees under Alexander Shapiro Ind. of Trust dated June 3, 1969 c/o Daniel P. Shapiro P. O. Box 263 Newtonville, Mass. 02160 In addition, official receipts of taxes, assessments, levies and encumbrances, as provided in Article SECOND of the Mortgage Deed, and any and all notices to the Mortgagee of the Mortgage Deed, should be addressed to the Trustees as aforesaid. Please also take all steps as may be required to cause any and all payments on account of losses insured against under insurance carried pursuant to Articles THIRD and FOURTH of the Mortgage Deed and any other insurance on the mortgaged premises to be made to the Trustees, as aforesaid, as their interests may appear. Please do not hesitate to call Mr. John L. Davenport of this office if you have any questions in connection with any of the foregoing. Would you please acknowledge receipt of this letter by signing the enclosed copy hereof at the place indicated and returning it to the undersigned. A stamped return envelope is enclosed for your convenience in doing so. Very truly yours, NUTTER, McCLENNEN & FISH JLD/thg ~ ~l~~ LA. RECEIVED THIS 10 -DAY OF JAN1lARY:;. ..1978 ~It- 'l~ I I ASSIGNMENT OF MORTGAGE DEED AND NOTE Reference is made to the Mortgage Deed (the "Mortgage Deed") dated May 8, 1974 from the City of Clearwater, Florida, a municipal corporation, to Sapir Investment Co., Inc., a Massachusetts corporation now dissolved, securing payment of a certain 4.5% Mort- gage Note of even date therewith in the original principal amount of $1,000,000 payable in twenty (20) quarterly installments (the "Mortgage Note"), said Mortgage Deed having been recorded on May 9, 1974 with the Clerk of the Circuit Court of Pinellas County, Florida at O.R. 4169 page 1476 (the "Mortgage Deed"). Reference is also made to the Assignment of Mortgage Deed and Note dated April 10, 1975 pursuant to which said Sapir Investment Co., Inc., pursuant to its Plan of Liquidation and Dissolution dated April 19, 1974, assigned, transferred and set over to the undersigned, Daniel P. Shapiro and Leonard Kaplan, as Executors of the Will of Alexander Shapiro, late of Newton, Massachusetts, and not individually, all of its right, title and interest in and to the Mortgage Deed and Mortgage Note, said Assignment of Mortgage Deed and Note having been recorded on May 12, 1975 with the Clerk of the Circuit Court of Pinellas County, Florida, at O.R. 4287 page 1898. Pursuant to the provisions of Article Fourth of the will of the said Alexander Shapiro, the undersigned hereby assign, transfer and set over all their right, title and interest in and to the Mortgag~ Deed and Mortgage Note to Daniel P. Shapiro and Leonard Kaplan, as Trustees under the Alexander Shapiro Indenture of Trust dated June 3, 1969, as amended, and not individually; having an address c/o Daniel P. Shapiro, P. O. Box 263, Newtonville, Massachusetts 02160. .. ( ( ( L "t' !' .~..'~- I ~ IN WITNESS WHEREOF the undersigned have executed these presents this 26th day of October, 1977. J9~ r~ Danie P. Shaplr ~ Signed, sealed and delivered in the presence of: ~;~ (~I COMMONWEALTH OF MASSACHUSETTS) ) ss COUNTY OF SUFFOLK ) As Executors of the Estate of Alexander Shapiro and not individ- ually I hereby certify that on this day, before me, an officer duly authorized in the Commonwealth and County aforesaid to take acknowledgments, personally appeared Daniel P. Shapiro and Leonard Kaplan well known to be to be the Executors of the Estate of Alexander Shapiro, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and offi~ial seal in the Commonwealth and County last aforesaid this ~60~ day of October, 1977. ~~~~ Notary PubllC.. - ----,_.- ..- ---,---------,. 11'\10 CG~\sa,CV\ ~,~i"~ ~~ \qa~ TO: FROM: COPIES: SUBJECT: DATE: /-- ~ / c. T Y 0 F C LEA R W ATE R In'erdepartment Correspondence Sheet Finance Director & City Clerk Acting City Attorney Mortgage Payment.. Sapir Investment Co., Inc. (Montgomery Ward Building - City Hall Annex) Ma y 19, 1975" ;1,(,3/ Attached hereto is copy of letter received from Nutter, McClennen & Fish, Attorneys-at-law in Boston, Ma.8achusetts, giving notification of change in making payments on subject mortgage. Also attached hereto is copy of Assignment of Mortgage Deed and Note which has been recorded in the public records of Pinellas County, Florida. Please change your records to show this new information and send the next payment due as specified in the letter. R Atts. G. L. K., Jr. J I '''~ A NUTTER, McCLENNEN & FISH 75 FEDERAL 5TREET BOSTON, MASSACHUSETTS 02110 '.' "l ,] _CA COOE 817 423-7011 May 14, 1975 City of Clearwater P. O. Box 4748 Clearwater, Florida 33518 Attention: Legal Department Guy Kennedy, Jr., Esquire 'j;., Re: Sapir Investment Co., Inc. Gentlemen: Reference is made to the 4.5% Mortgage Note dated May 8, 1974 of the City of Clearwater, Florida payable to the order of Sapir Investment Co., Inc. ("Sapir") in the prin- cipal amount of $1,000,000.00 (the "Mortgage Note"), secured by a Mortgage Deed (the "Mortgage Deed") of even date therewith of certain premises in Clearwater, Florida described therein, the Mortgage Deed and Mortgage Note having been recorled with the Official Records of Pinellas County, Florida on MIY 9, 1974 at O.R. 4169, Page 1476, et seg. Please be informed that, pursuant to a plan of liquida- tion and dissolution of Sapir, on April 10, 1915 all :he assets of Sapir (including, but not limited to, the Mortgage Note and Mortgage Deed) were transferred, subject to its liabilities, to or for the benefit of Daniel P. Shapiro and Leonard Kaplan, as Executors of the Will of Alexander Shapiro and not individually (the "Executors"), in cancellation of all the issued and outstanding capital stock of Sapir. Confirmatory to said liquidating distribution, on April 10, 1975 (i) the Mortgage Note was duly endorsed to the Executors, and (ii) an Assignment of Mortgage Deed and Note, a copy of which is enclosed, was duly executed and delivered. Said Assignment of Mortgage Deed and Note was recorded on May 12, 1975 with the Official Records of Pinellas County, F'lorida at O.R. 4287, Page 1898. .. J , NUTTER, McCLENNEN 8: FISH City of Clearwater May 14, 1975 Page Two In accordance with the foregoing, please make all future payments on account of the Mortgage Note to: Daniel P. Shapiro and Leonard Kaplan, Executors of the Will of Alexander Shapiro 8th Floor 75 Federal Street Boston, Massachusetts 02110 In addition, official receipts of taxes, assessments, levies and encumbrances, as provided in Article SECOND of the Mortgage Deed, and any and all notices to the Mortgagee of the Mortgage Deed, should be addressed to the Executors as aforesaid. Please also take all steps as may be required to cause any and all payments on account of losses insured against under insurance carried pursuant to Articles THIRD and FOURTH of the Mortgage Deed and any other insurance on the mortgaged premises to be made to the Executors, as aforesaid, as their ilterests may appear. Please do not hesitate to call Mr. John L.Davenpcrt of this office if you have any questions in connection w~th any of the foregoing. Would you please acknowledge receipt of this lett.er by signing the enclosed copy hereof at the place indicat~d and returning it to the undersigned. A stamped return envelope is enclosed for your convenience in doing so. - ~~:~y:C~~ qtq=ul1 Nutter, McClennen & Fish JLD/mg ,~ , '~-,' "7 . {-.. O. 1;.12. '. ;)-tf'7; p~ / f1 r. '. ~ ~ (.l- 1[7J'- OF ~ORTGAGE DEED AND NOTE .. . I. ( ASSIGNHENT Reference is made to the Mortgage Deed (the "l1ortgage' Deect") 'dated May 8, 1974 from the City of Clearwater, Florida, a ~unicipa1 corporation, to the undersigned, securing payment of a certain 4.5% Mortgage Note of even date therewith in' . .. , ,~ the principal amount of $1,000,000 payable in twenty (20) quarterly installments (the "Hortgage Not'en), said ~iortgage Deed having been recorded on May 9, 1974 with the Clerk of . the Circuit Court of Pine11as County, Florida at o. R. 4169 'page 1476 (the 'Jf10rtgage Deed") . Reference is also made to the Plan of Liquidation and Dissolution of the undersigned dated April 19, 1974 .and to the General Instrument of Distribution of the undersigned dated of even date herewith pursuant to which, in accordance with the. said Plan of Liquidation, all'of the assets, subject to the liabilities, of the undersigned have been transferred to Daniel P. Shapiro and Leonard Kaplan, as Executors of the Will o.f Alexander Shapiro, late of Newton, Massachusetts, and not individually, in redemption and cancellation of all the outstanding capital stock of tneundersigned. In accordance with and confirmatary to said General Instrument a'f Distr,ibution, the undersigned hereby assigns, transfers and sets over all its right, title and interest in and to the Mortgage Deed and l'lortgage Note to said Daniel P. Shapiro and Leonard Kaplan, Executors of the Estate of . , . A1e~~nder Shapiro. .'. :' / I '1 ;':,' I I . ~ o....f CORVORATE .... '~EA'I!]; \ \ I' , \ I ~ .'" . .,: . :- ;. 'I ! : . I . . ) ( : " , " o ..' .') I .~" 1 );,h'TBST: . SAPIR INVESTNENT CO., INC. By }JeA,v,;J. ~;;\Z' . Daniel P~ Shapiro, President , '\ " I"~ IN WITNESS WHEREOF the undersigned has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, this lOth day of April, 1975 ~t~ 4Iv;~ C11rk ~, ~. ,", .. ~I .~ -2"" I I J , . t ~igned, sealed and delivered in the presence of: CO~~10m1EALTH OF ~rnsSACHUSETTS COUNTY OF SUFFOLK I hereby certify that on this day, before me, an officer duly authorized in the Commonwealth and County afore- said to take acknm-lledgrnents, personally appeared Daniel P. shapiro and Rose Shapiro well known to me to be the President and Clerk respectively of the corporation named as grantor in .the foregoing deed,' and that they severally acknowledged exe- cuting the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said cOJ::poration and that the seal affixed thereto is the' true .corporate seal of said corporation. ~~ " t' ,. U j"', i' .~ If f ~ ! .l'r .. .~ WITNESS my hand and official seal in the Co~~onwealth and County last aforesaid this lOth day of April , A.D. 1975. ~ j Co I 11 I " f ! ! !" l i~f l. f I r -- JLD/rl 4/24/74 (1) ",~, ,. 1 I SECURITY AGREEMENT AND FINANCING STATEMENT (Uniform Commercial Code - Secured Transactions) This Security Agreement and Financing Statement is presented to a filing officer for filing pursuant to the Uniform Commercial Code. DEBTOR: ADDRESS: CITY OF CLEARWATER, FLORIDA, a municipal corporation c/o City Manager, City of Clearwater Clearwater, Fla. 33518 SECURED PARTY: ADDRESS: SAPIR INVESTMENT CO., INC., a Massachusetts corporation 145 California Street Newtonville, Mass. 02158 1. Debtor hereby grants to Secured Party a security interest in all of the property hereinafter des- cribed in paragraph 3 in accordance with the Uniform . " Commercial Code of the State of Florida as additional " . security for the repayment of the indebtedness evidenced by a 4.5% Mortgage Note dat~~ May i', '1~'74 in the amount of $1,000,000 from Debtor to Secured Party (as said note may be exchanged for new notes in smaller denominations and aggregating said total principal amount). The repay- ment of the indebtedness evidenced by the said Note is secured by a Mortgage Deed dated May ~, 1974, and re- 0,1(, corded on May r ~.1974 in Msrt~aqe Book '-lIt?, Page/f.?" Lt,';;z. ~ f' n-, . ,~ ;~.! " I I -2- Public Records of Pine lIas County, Florida, from Debtor, as Mortgagor, to Secured Party, as Mortgagee, covering certain real property located in Pinellas County, Florida, being more particularly hereinafter described in paragraph 4 hereof. 2. The said Note and Mortgage Deed are hereby incorporated by reference and are made a part hereof. Debtor agrees that in the event of any default in said Note or Mortgage Deed such default shall constitute a default under this Security Agreement, entitling Secured Party to exercise any and all rights and remedies herein provided, or provided under the Uniform Commercial Code of the State of Florida, or any other applicable law, in addition to any other rights and remedies provided in said Note or Mortgage Deed. All said rights and remedies are cumulative and may be exercised either concurrently or independently and in such order as Secured Party shall determine in its sole and absolute discretion. 3. All of the following property is subject to the Security Agreement and Financing Statement hereby created from Debtor to Secured Party: all furniture, fur- nishings, fixtures and equipment installed in, affixed to, placed upon or used in connection with the premises des- cribed in paragraph 4 hereof, including, but not limited to, the following: machinery, engines, furnaces, boilers, I I -3- stokers, pumps, heaters, incinerators, power equipment, laundry machinery and equipment, tanks, dynamos, motors, generators, switchboards, conduits, electrical and gas equipment, heating, cooling, air-conditioning, lighting, incinerating and plumbing apparatus, compressors, ele- vators and escalators, venetian blinds, shades, draperies, drapery and curtain rods, brackets, electrical signs, bulbs, fire prevention and extinguishing apparatus, plumb- ing fixtures, vacuum cleaners, vacuum cleaning systems, floor cleaning, waxing and polishing apparatus, call systems, ash and fuel conveyors, refrigerating and cooling apparatus and equipment, ~efrigerators, kitchen ranges, dishwashers, garbage disposals, automatic washing machines and clothes dryers, and any and all such property which is at any time hereafter installed in, affixed to, placed upon or used in connection with the premises described in paragraph 4 hereof and all replacements thereof, addi- tions thereto and substitutions therefor. 4. Certain of the property described in paragraph 3 hereof is or will be affixed to the real estate descr.ibed in Exhibit A attached hereto and made a part hereof. This Security Agreement and Financing Statement is to be recorded in accordance with the Florida Uniform Commercial Code. 5. The name of the record owner of such real estate is as follows: City of Clearwater, Florida, a municipal corporation. ~' ... ..._~ - .. I -4- I 6. Proceeds of the collateral are also covered. 7. Debtor will execute alone or with Secured Party any additional document and procure at its expense any subordination agreement, release, termination state- ment or other document necessary to protect Secured Party's security interest hereunder against the rights of third persons. 8. Unless otherwise specifically provided, or unless the context requires otherwise, all terms used herein shall have the meanings provided in the applicable Uniform Commercial Code. Date of this Security Agreement and Financing Statement May';?o, 1974 ~EST: Isea1~ ,-/11 . ~~ De ty City Clerk Signed, sealed and delivered in the presence of: ~ _ .,"_ _ I(~~ c ~ ~--~~/-:. LAIt>J~ uJ.I.1.1~ ~. THE TY OF CLEARWATER, FLORIDA By ~ '. A'l'T~T ~:.: [Seal] SAPIR INVESTMENT CO., INC. sl~~2~:!:d' :-::t::: By Si~l ~^lA:A i~h~~f~ :p=r==- _~1/4-~~~~ . Approved as to form and correctness/ ( J. ..;i,/) ~ ~~ey !~ ~..'.'.'.....'..'......".....;'\.':.'..'."..,.. M::~ :'74~ 74-4368 I u: R.4171. PAG~i1t14 W.R._ . 'J! ,,:;'PARTIAL RELEASE OF 1'10RTGAGE AND NOTE AND 110RTGAGE AHENDl-1EllT "~~,,,',',"'<"k '.. ...., '~1':ti,,',PA&'ff"L :~E~~E Og;TGAGE ~~4 ~O~~ ~~~ ;::~~~~~G~E~~~~~";;~E nade ..\:i.St1aA,NCE COMPANY, a corpo~atio~ duly organized and existing under ~~ws of the State of New Jersey, having its principal office at :.\.,;;,,;),~l,/:p:'Broad Street, Ne\>lark, New Jersey, hereinafter ca.lled "Hutual ,;~:"~#)i;jl?'ci7i~IU}fit II, ar;d ~APIR INVESTr1ENT CO., INC., a corporation duly orgar.- ;""Y;;);;(:;'ii~d a.'"ld e:ust1.ng under the la\-ls of The Commomleal th of Hassachusetts, 'j:;i,{i'iiVii'}J.~ving its principal office at 145 California Avenue, Newton, Hassa- ,'>i .... en,usetts, hereinafter called II Sapir" , ,-,'>",;,":,i,(' ., ',::-;,::"..I'.{'>': ':.1' :;.'1" .~, ;~?Z:~ ,jr)':F;<~i~~:: ,::::~: ':-~':":"~ rlITNES9SETW : -~':'~;'- '~ - '":~~,; '~2~~< \"~..','3;~:."'" ,'\f>."", .j::,1i,,!lfuereas Sapir is nm'l7 the owner in fee simple of the Premises 'j'lnafter described, and ~t~~-,: , is the owner and holder of the following , ,:.-"':.\.~~::: ""-->:",' . .. '.' .-0:..,'.___.._ ',-__ _ __ _ i{;~'ir;t' (1:)"-'}\ certain mortgage note made by Sapir to Mutual Bene- ,~~~t;7'(,:fit, dated January 26, 1962, for the payment oione ntillion ',,,.~'!1;five hundred fifty-five thousand nine hundred ninety-three_ .,,';1~ "/anc:l14(lQOdollars ($1,555,9~3.l4'), which .note is herein- ~):~t::~ ~<.~ftercal1ed the ."Note" and 1.S secured by the mortgage, . ..' .'. ..... ......fti:1;; /...~..f,...,.\.....~.t.........:......,...~.......,.........:..........'fow.... i..n...~..rf~.:r a. . ~ai;~~n;~~n It ;~~ 2 c~~~;i~~: ~i ~~ s~~. ;~~~e~~~;.s. s............ra...~..... ~.'. ~...d....., ......=......... ..............:...........................c:.~.~_.. ...............................'...i......'.~J ];>AndMutual Benefit, dated January 26, 1962, and filed for '. .'..gi~ "".,record on January 29" 1962, in l-10rtgage Book 1349, Page'15l '_'.i~\Q ~'('Clerk IS,Instrument No. 9147 27A, Public Records of Pinel1:ls ~<-'..' ~ ',"(:ounty, Florida, which 1962 Mortgage and Note are the results. ;t()f the;:preading , extension, combination and consolidation, ';asprovi4t:tdin said Extension and Consolidation Agreement, of !\'.)a.:ceX'tain mgl:'t<jage. note made by Joseph Gross ..and Rpse G:r;oss-: .his'wiJe ,toM\,ttual Benefit, da~ed NovemberS, 1954, secured bya mo'~tqagedeed ma.de by Joseph Gross and Rose" Gross, his ~.i.,fe,.to Mutual Benefit, dated Noyember 8, 1~~4, a.nd filed for J;ecord on ~ovember 9, 1954, in sa1.d Public Records in Mortgage ~.,,'Book 1045, Page' 169, Clerk I s Instrument No. 164l73A, as . ;'amendedby Amendments of Mortgage dated July 5, 1961, and .11 '~}September 7, 1961, and (b) a certain mor~gage note made.by :"J" :ii~'2;i, Sapi!r to The National Shawmut Bank of Boston. a national bank- t~f~J,[;i~~i" ~~H~~;o~mn~~~:f~; n~!~~::~~g:m~~;~:~~j: d~~~:~::e:~~eet. :i!~.lii~fi';jJ:!;, ~:i~ ;~li~i ~~~~~s ff~e~o~~~a~:C~~~k o~2lO. Page 100. Clerk' s Ln 'BC"9'~ 'Instrument No. .:,~:t};i!#),;t. ... . .... '. . .... ............~IF."...... !'j'f' ;a:;" " 6"(' ~~i '. .u....' U't'c .. .............. "r. '.'.'; ..' :: ....' iii . ..... lilt i. (2) A certain mortgage'deed made by Sapir to Mutual Benefit, <(~ecurinJ the mortgage notes referred to in 1 (a) and 1 (b)' above ~nd the said Extension and Consolidation Agreement relating ..t.he.reto dated January 26, 1962,) acknowledged August 14, 1964, ~cffiled for record on April 28, 1970, in Hortgage Dook 3317, Page 79,. Clerk's Instrument No. 7004544, Public Records of 'r'Pi:ne11a~ County, Florida, which mortgage deed is hereinafter c;.> called the "1969 Hortgage". ' iI,,':.;" NOli, TliEREFORE, in consideration of one (1) dollar to each of ,..,the parties in h:md paid, receipt \'lhereo f is hereby acknowledged, "P4r~ies hereto mutually ~gree that: the 1. Mutual Ben~fit h~reby releases from the lien of the 1962 Mortgage and the 1969 Mortgage the real property in pinellas Cpunty, Florida, described as follows: [Legal description of portion of Shopping Center west of Missouri Avenue] -~ r(l~~--70:---'--___._n__-- COASTAL BONDED TITLE CO. ".OF CLEARWATER Phone 442-9671 318 South Missouri Avenue CLEARWATER, F.LORIDA 33516 -tt:o dit. !BUtLL't S' ~~~Oa~L~ MUNICI..AL EN GIN..'" A_ LAND .UIW'INOM e31 LAURA ST"IEIrT. CLIEARWA"'''. I'LONOA ...,. ... E. FLA. NO. 33G3 P.E; GA..: NO. 33M 'LoS. FLA. NO:: 875 Realty o. R.4171 rAGf1145 EXHIBIT "A" ''Montgomery War~. property" .. rom, the Northeast corner of the NWt of Section 15, Township 29 South, Rangt' 1) :~~st' run S 0003 '52"E along the North and South center-line of said Section 1'>, Q5'~.20 feet t'o the Southerly line of Cleveland Street; thence N 89041 '48"W along 'i.t~t'southerly line of Cleveland Street, 30.0 feet for Point of Beginning; thence Dr~:~W4l'''8''h' along the Southerly line of Cleveland Street, 227.45 feet; thence \'S~:O;~02' 41J"W 'a long the Westerly 1 ine of Lot 20 Clearwater Heights as recorded in ::~la}~(\ok 4, Page 99 of the Public Records of Hillsborough County, Florida of :td'E'h Yinellas County was fonnerly a part, 109.63 feet to the Southwesterly corner ',-'+i()f.1"aid Lot :?O; thence N 89028'23"W along the Northerly line of Lot 2'5' of said :..~,~......",.[,:.:.~.)..,..~.."fI".'.'..";I~""'"....;~..........~,....',".....,:;.."...:.i.....:,...".'~'.~'..l'."..'."'.""':'.';""""""":"'"...:,..,.:....:'..~,'1!i~~:~~;i: ;!;:~~e :~~~~:;;i~; !~~~:~;:~~~:? ~~:;::~~]!~i~~ ~~:;~;~!: 1~~~;:~: : ~~; i da ,e:r: '. .1.i'iYhith Finellas County was formerly a part; thence N 89012"52''\.1 along the 40 acre ",)..",.;~i~~:e.~nd tbe Northerly line of said Lot 1,7.56 feet; thence S 0003'52"E along the ~;)~<'~~)j~i~,~\;,~ii:terly:)ine of the East ~ of said Lot I, 330.0 feet to the Northerly Ii ne of Lot )~.<~tR. ti.' Padgetts Subdivision as recorded in Plat Book 4, Page 32 of the Puhlic ~~:.t'Qr4~ ~,f Pinellas County, Florida; thence N 890l2'52''W along said Northerl\" l~.ne, 127'f:38 feet to the Northwesterly corner of said Lot 4; thence S 0001'15"E alon~ ,,,,the}westerlv line of said Lot 4,330.0 feet to the Southwesterly corner of said Lot l;~;\'b,!;,:"t.hence S 89~e12'52"E along the Southerly line of said Lot 4, 652.63 feet to ):he . ~;.,~te.rly line oJ said Lot 4 and the North and South oenter-line of said Section 15; 'eh~nc~ N 0003'52'\-1 along the Easterly line of said Lot 4 and said Lot I and the :;\tiorth and South center-line of said Sect ion 15, 660.0 feet to the Northeast er ly ~!~~'~(}rner of. said LotI arl<1 the 40 acre line; thence N 89012'521\.1 along said '40 acre ';+l':\L~pe and the 'Jortherly line of said Lot 1,30.0 feet; thence N 0"03 '52''\.. along '::~';E~~WesterlY Right of h'ay line of Nissouri Avenue, 368.98 feet to P.O.B. ..ESS the Easterly 30.0 feet of said Lcrt: 1 and said Lot 4 for Road Right of Way; AL~() LESS :i:he; SOliU~ ::.'0.0 feet of the East ~ of said Lot 1 for Street Right of Way as conveyed 'to the l ~t\ of Clearwater by Special Warranty Deed. Subject to an Easement over the ~~i~if~;~fi:: ~ ~o f::;:~:;~:~~~:~~;~:~~: 4~;:~; :I~;~:; ~;:t ~~:~~~ ~~~~ :h:~: ~ ;:~ o~~ s~ ~:: ~::~d , .~\~;l">'i,Y..;,<,:.}earwater. Florida (Resolution No. 61-50). Also subject to Easements and Right of ,>;"":~":1"~,:1~~!'~:,wa~ si uf Record. 'j':' '- ~,',;!, -,"- -. ,6:J~ R. N. KING, P.E. Reg. Surveyor No. 875 I I ~R~41.'.'.71pAGE1.'. 1. 46 !- "", ,~. ' - 2 - ~thou:t impairing the lien of said 1962 mortgage and 1969 mortgage on ,~.tberpma;n;'i'lgpartof the real property described in said mortgages. ,.. :,':,", Said 1.962 Mortgage and 1.969 Mortgage, as so partially released, is ~~'~~:i'~~i,e:'1'}:'.1'r"!{;;~ereiIW'ter called the "Mortgage", and the premises covered thereby :y' :"..:}'. ...:~;,.~,.":;:,,t,.,"""""'_ herein-~er called the IlPremises" -~:','~j ~!5~<~~:~-.::'::,':'.~i.;,::Y~' !,:":;/;:"_~~r:;)lt~,:,'.,~'~" f;1..L ... . :;, \ ';-::~ :,'\'~It:W-~~::':ti;{ ',.'.' ",:,:-;:r~::::-,!~',l:.;"':~ ^:;;<,'~,fN;~ji\ . \>2~ .... . The terms of p~ent of the principal balance of EIGHT HUNDRED ':'~'!::):':"fUID FOUR THOUSAND, SIX HUNDRED THIRTY THREE AND 33/100 DOLLARS ($804,633.33) "'i);":\,\; !:H,~onand secured by the Note and Mortgage and remaining unpaid as of -the ;;~,~~' ..;:~!date hereof (giving effect to a $50,000 principal repayment made on the date . ., ,.'f':(li;':,;\I;~;,,;<bereof'), are hereby amended so that said balance, with interest from the date "';C!,.,~~\!;)~\i<~\;:.'~eof' at the rate of eight per cent (Bi) per annum on the principal amount "'}:f',.':'<trom time to time outstand:i.ng, sl1a.Ube payable as follows: monthl.y install- :f;~'/,:'1'}~::i;i'Jr';.Jments of Ten~ousand Eight Hundred- Seventy One and 95/100 Dollars ($10,871.95) , ~i~"{i>on June 1., 1.974 and on the first day' of each month thereaft.er until and inclu- '~'!;\/;ding M~ 1.,~975 and monthly installments of Six Thousand Seven Hundred Five ~!i;1 ,. ;;:'J ~/;:, n:uon:\~~~~~~;8lp o~o t~/~~u~ O;h~~~~r~~f ~':~/i;g~ ,t~'W,~f\;:.:I:'i"\i';,w1ien the ,entire balance of principal and interest shall be due and payable. {":'~1::,1~i;;:i~{I:;#r'';Said p~ents shall be applied first to the payment of interest upon said <~,/~ii:;:'\'<~t;balance or so much thereof as shall fran time to time remain unpaid, at the '~'\~',;f~:~:~:~'\1 .' ,~te above mentioned, and the rest of each monthly pa;yment to be f!.pp1ied on '~;lIl;;'~;':i~'i0~~,::f;i/,account of principal (but if any of said constant p~ents of interest and prin- :i:;tif';~;r:xr~~':;;!,';</;~~ eipal shall not have been received by Mutv.al Benef'it within thirty (30) days of .i""""',I;i,'1J!iC, . "'""'' .ii; .', ~. date' of' pqment herein fixed, then Sapir covenants, and agrees that the in- ',.~~>," '",,',"t~ -!!~~,;" tereart incl.uded with said constant payment so overdue shall. be computed at the .t~:,.:':(',~",;"r&te of ten (1.0) per cent per annum instead' of eight (8) per cent per annum and ',' ,;~~,;'~,"IK~:"~"";*l;c,;~~~L,:the amount of' said monthl.y payment so overdue shall be iilcreased accordingly). 'i"><:::;,;,,,:,;,:':"~,S8iPir shall he;ve the privilege of prepaying all' principal remaining unpaid on ~,~:~,;:::,"':\i,P';:,i,:the first d~ of any month af'ter the date hereof but prior to February 1, 1975, ",:,:;:\,:'~':>',",;)upon p~nt of a consideration equal to two (2) per cent of such principal; , . ";;"C'i!{:'" lalld on February 1., 1975, or' the first day of any month thereafter upon pa;yment )0Fr,;0,:ot, a consideration equal to one (1.) per cent of such principal; in each ease upon thirty (30) days prior written notice, and together in each case with ac- crued interest; provided, however, that Sapir complies with alJ. the tenns" of the Note and Mcnrtgage. Sapir, in consideration of the above release and f1f one (1.) dollar paid by Mutual Benefit and other valuable consideration, receipt whereof is hereby aclmow1.edged, does hereby covenant to pay said principal sum end interest at the times and in the manner above set forth and to ccmplywith J all ,tlle other terms of the Note and Mortgage; provided, however, that Sapir shalJ. ~ot be liab1.e for any deviciency liability arising our of forecl.osure of the Mortgage securing the Note and sale pursuant to said foreclosure; and that the remedies of the holder shall not include any action under the Note, Mortgage, or hereunder, resul.ting in personal judgement ag~st Sapir. J.i.. Sapir covenants that it now owns the Premises in unencumbered fee siJDple (except as indicated in the 1962 Mortgage and 1969 Mortgage and by 1.eases of portions of the Premises current1.y in effect). Sapir admits the validity of the Note and Mortgage and agrees that there are no offsets or defenses to the Note or Mortgage. 5.' 'The principal and interest hereby agreed to be paid shall. be a 1.ien on the Premises and be secured by the Note and Mortgage. " 6. Sapir hereby waives the right of exemption under the constitution ,. and 1.aws of' Florida and also waives demand, protest and notice of maturity, non-payment and protest and all requirements necessary to hold Sa.pir liable as maker and party to this agreement. Sapir further agrees to pay all costs of collection, including a reasonable attorney's fee, in case the principal of said Note or any payment of principal or interest" thereon is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof, whether suit is to be brought or not. It is further / "os:. I I ~ D. R..4171PAGE1147 - 3 - agreed that Sapir hereby consents to any extensions or renewals of the Note or rmy part thereof without notice, and Sapir agrees that it will remain liable during any extension or renewal thereof until the debt represented .thereby is fully paid. 7. The Note, being secured by a first mortgage on premises in Pinellas County, Florida, is to be construed and enforced according to the laws of the State of Florida. .'. ,.' If this agreement is executed by a corporation, the relative words herein ~l>eread as if written in the DeUter gender, and the words "Sapir" and "Hutual ;:~r;}:eeri.,At~where used herein shall be construed. to include their successors end assigns. .'i';..;f....,\...",." ,!,'.'::'*' \',' ,,' , I ~~ ~#,;t-", .~.,: ,',,~~ 'y1~ (;'~~;.:,';~,~:':!"'.;;"". . 'I~)"';:~-";' ii',t, '. IN WITNESS WHEREOF, the parties hereto have mut~ hereunto set their ;." ,".:..,;I~~i,:,'.-.... d.. s. eals. ' ~", - L~__ _,.-' . ;...~ -~~~:~',~,_, ':, -~ _.',' ::.~-. .r::,~:. '~~""-"\;;.:c~,;:;:~-,, This agreement shall bind the heirs, executors, arlmini strators, successors sof their respective parties. By By '~ SAPmmvESTMENT CO., JllC."_ ',' ATTEST: -&f~ ~ Its Clerk , ."" '...,.. -"- - i I ~O!_K!- 4171 PAGE1148 ;'-~ STATE OF mol JERSEY ) ) ) Ai~ 3 ' 1974 Then personally aweared before me COBDU Vi. KOPCdAI.~~ to me know, who, being by me d~ sworn, did dispose and sq that he is the . M~D VICE PREStkitr . "of The Mutual Benefit Life Insurance Comp~, the corporation described in, and 'Which executed the. above instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by such order. GRAHAM S. McLEAN . A COMMISS!ONER OF DEEDS FOR THE ..lo...... ~-- STATE OF FLORIDA RESIDENT IN THE STATE OF NEW JERSEY :~~..._ MY COMMISSION EXPIRES 2/7/16 . ~if~ My Commission Expires: THE COMMONWEALTH OF MASSACHUSRl'TS tu.., ~ ' 1974 ~,&;i;~J' .". ; ~ . i~J';:"~~~i:'.~i.b.; . '~l '}~':il?f;~';iJ"<'{~" ':;~\~.'.." "........ ..... ....',..i. -. ...;fIio..'-......... .r.,.~..... ,. '\;'~, -.*:t - ~ t\~ :-.), .., ..p- " ;: n~.'1<' ""':.'" ," ", "'-'; ~,.t\\)~ I'" ,-, (,~.".'. ~..,. ",.,.. '.... .' ....".:..,'f'., :, '.'.: :'y~:'~'f '-.,,~.... :,\'7.." :...,<. j,"~~.,~,., .',..~:/~......~~\: ~. ,~:\/_~~~,f.. Qif' '~~~)<i" ; ':--,,~~ \--'.,. .~, , ~~." ........~ ..:,-:0.:.,0 -~y Then personally appeared before me the above-named Daniel P. Sha;piro, President of Sapir Inves-bnent. Co., Inc., and acknowledged that he signed, sealed and delivered the foregoing instrument as the free act and deed of S~ir Investment Co.,'; Inc. ~-};x-l26l ~ 4-l Notary Public My Commission Expires: ft. DAVID M. SALTIEL My commls-<;ion expires Dec. 17, 1976 NC'~ j~;; '( t'U;;; L.e 74-4368 , /;. /"1. <:1 / -, [r ,,'C / ~") ,~.l (nT' "oli'" ~)~'") q 4 'ILliG L1. ' ~"" if D.g. LJ,JL6D fl,I,0LJf:'ji ,\ ~.) ------... ..l...l:.." I I{ _~ !:_Ji~~'~~iJ ,^._~..':' -~.~~~L /J (2~~~-___, .__.____.__. yF :: ." ~~~~J c~-;~\\~ .~,L:,.;- '[iON /.C-_<L:l~;l,S:_',TT, pl:ldc ;:311c1, f..;11t2yed i-tJ,to this 1 (j '/d.l. 1"" .,--, i 1._, ~"(".,,, .; i, "1 p I, (,'.'FC:';-~<-L7'..,:T , ..' ''J ~.,} (.,1.(, ~,t_,,_,'.__._.l .J.,~ _J\. _ ..._~u_~~ ~ -t:::, CC)T[):~rat:i"--Jn, ~:~-i\'iT~~_) ~-'~~lcl_;s c!L LL1S C:_;J.j.f l-- iCl ;'. ,_i :-; ~: ~-~ C 1 i J '~; t t ~~ ~):2 15 ~~, 1"-: c ~_,''::: i I'-!(~ f t t_~ r c ,') 11 e (J t Let 'L~1n d J. 01: d q , l-: U .. ,#!;} T:: C ~', n T 1 J .;..: ~'-) i ~ c. () r p 1--) r.: t -J. c. ":, ~:,::L l" 11 ,:-.: t (". i -'; '-, .~,c', C<:ir,:::" I J Ji',!':":; (0"',07, :~, t e,1 (t~:l ~) j"l J. . '1., C<; .) I \C ., J ~:; t ~I:'L:C t, i"J'C, ',',' t ,:: ~-1 .,'1 :>,,':':-,"," ] () f -~' ': (~(' b.crci;.1~j tCj~' c;l:l,l.'..~i.', ~L,::: 11'Ll":,~,l,3n(!l) P I PJ ." ;, ~) 1 1_T ) Ii ~ ~~ :-:~,,;._-/ S , l. ~~ ~., .1 )(.1__'-,'1 ',' t:n<1 ti'1C .l"__n:::nt enL.c! '::'1 into ;J cc}"t2in,le[:1::;::: 1~:L,c~~ ~~(~ i)) c01.Jcring p rc','\- '~:es 10('.tl ted ~r; tbc: d.s t :~' r. "i - r -I ;0J (1) l:~:.l' ~;:' i.:'1 Ci:-:y !..... C:.:_t'~EL"':~'~'-c~:~:"') CC':_~~'J.ty of Fi~':(~l1.a;), :;11...._": StL:'~'~~:,~ ()f Fl-=--'Tj.\:L~, Dnd CeS- c -ci. ('C: c;.) f 0 1. 1. 0\\' ,S : T'h e l d n (', t 0 (: c t L C 14 \<~ it. , t 1 ~ Q i 1'1 D -r 0 \: ':~ ~ : c~: j 1 :: ~; the ~.C \.'-:',), ;)1 (17:7:1 iy~. c.r ,J S ~:;: 14] t ch in ':_; '.,;'t'" L eLl .L ~J ~nr3 -r'~-:.c rl I~.}::~~ y ;:::~;] II '~)n ~~hc' l~,:-'l!, or p 1(1 t ~_.~e s i.:-~~- nate;: :\.T:el"',,d E~:LiLL'_ /j-2 :lltc1c1,ecJ t:J Lie: Sl]~)P 1.'2;'~2.': '~~:-: 1. :\;.:,~reCi -,C:-l: d~1 tcd ::':.:L r:;(.: ry 9, 1 9 <. 5, t 0 :-, 'i.. J 1 '." ~ :': ~~ -: ~'~ { 'r:, y r I~ i: C 1" C 1 C C : 1~? C C [1 ~)D'rt ,:;.r ~~;Jid ~):,1:-_'pl(~:.::'~ntal i\:,:;:::'r:' "-;.(;:1t and e ~art 0"- said lE~;~~e, loc;~::ed i.D th~ ~lc\:cl~:-",. 1', lC:l Z;-l ~~0p~i:-~::j CcnLcr ~:-'el:'f_;in- afte:- r:_:E~"?l..:eu to [1::; t11c !;~)bopr)j. ,g Ce=-~te~"l') '..~bich S11(,1~)r~in~~ Cencc-r iEJ locat(~d O~'l lc.;:.1d describr~ <}3 rollo-os: r-"r 0--;1 t h '2 l,;v"J c ,_) ~~ . GI tlle 1, _:.. L /1, '1- , (1 f ~; c c .. 15, -"-"7"'~t-.~. 29~~, t:,-_:., 1"5~< :~~Jd S along t~~,~~" lJ.,y(th {:'JLd :;,;J~Jt.:1 ~~ ~ 1 i c ~~' ,_) ,::..; ,);:' :~ ~ 1. (1 ~ :~: (' . --'-._i, ~,} 5~; . ::: {,~! c t' ~ . Lo the: ~. (),.t:'i~: ,-ly lip.. r. Cl':_:-\7c:l~~il-l(~ ~;:~~. ,.~~~, Ll-. l~( /1.1' t, S : 1 ::; 4 :J 1 'J:" I ~ L:' '~~: S (1 l! t Ii e ::," '_1 '\' , C" I_~,I I=-' :~. C i. c '-/,2:. .'~ ~J :; ::: -,." ~',' I,,: ~, ~~ .. i~; j~ t \ ' j.. ) t l~i C 1 : ':::~ C?, S (; '~) fJ ~L ~ 1 " '! E, L 0 li t ~ : C y ~ y 11..: ~ 2 . :,,;:: C J I,,: ' ":.~ 1 C~ n ,-1 ~ ~~ r I..~ e ~, S ", ~ ':'C~J'cl: .- ('1 . \/ - - . ......., c , W r.'~, ~(j I "-l t n t i 1l~ ~.; c.:: _ r : y . . ^ .... , , l_~i),~:_: ot JJ1,PC01~'1 ','\:ent:e, ~ S ::1t;::l On (~::; I r::''''' " -) ,'~ ;';" , :-j' i: ~ ]. (J' o 1... ',' '\ \:"~ E t 12 1." l Y ll.r:-::::: 0 t :,3_r~co In '/L -~~1>~ ~,7~1.1: " to tt'_e => (,~ 1.\'--I!:l '-- '-. L+ iJ (_: c !~ 1 -:. ':i c, ~:: i _ ; c c (~ ),'~ ., i~U <i C':'" '1- i'",' , C/~ il \~~, 1 (!>'~. ..~/l T J n :_: U f L L ) L 17' ""', I' ~) ~) ~,; , :.1, ,-' ~ ..;...-- "~ : " rly 1.20 ft., tr.!'ncc :~: t" ~-l 101: t ,-: ,-=~ Bluck E L'-'_ .1 ~ iSC'J~:; b!> ~ .r"~ ". "i J 0;1 0: '- S 00 ~=~,' t'"-, ~_~-,'i ;~ ~_: ,,-' :'l_'~ :~ :~, ':..~:~ C c: ;-. (~ ~,-~ .' pi Ll t r , ) >~ J --, c ~; "IEn;:--, "'l'!' ',- ",-". 1;:-:', C::-' It>..,' ""'--, , ~. \.," r ;. 55 :"1 ., \~ i:' '- ~ I 1 ~ ('j 1 L :;:, :.~' ~: 1 j l' 1 i_ c (: (\i:(l s ':"1 L ;~ -, , >" j ;:~; (>:U: 1 ('o ,': ! y .' :__~.1 (: l~ i. (~;1, t i 1 r~ ,>:. 2 1 on ~,~ ',' ~ ' "; J_ (.: ?, 1. () .... ' E :: )', d t>'f? ,)' ~ t; c J~ ,J 1 I '1. ~-l. (' ..:.. I ~~ '1 :" (J CU'!.' \/ ~".: t \.:' t 11 (, 1...:"!:- '_"_ ,,' ~ . \. c cJ: (', r II 1: e n or :3 /~-::;;;/v'f'd 70: co,QSrj~l BONDED TITLE CO. m: CLEARWATER Phone o(,~1.%71 :r~[ 1,;(.uth N.iss,olJri Avenue t::I.LL>.Rv\'/\TER, r-lOnIDA 33516 - 1 - \.. "" ,', , ,J . j,'"j-- j_1. ,l i.' -'..... .: ,~:> ~ UUC 11 -'I' '" " "i ,:1 \,,1) " 1 ) ,J.\. -(; -1 I " ,_C' I' ( l' t-II " .1 iJ:1 I. () ~:_:, (I J.: ,:t L' I ~ i i ,,_ "- ~j () ,'-~ j.l L 0 Y Ie; / ) ~ ( I',' \' I ! ~'. : . \ ]il () '-l ( " " .. 1 .1' , 1 :'[ " ,\ , .) ) 1-:-;' p , J.. I' j J , (, : )_1, lC 1~ ',_ ,,: n C' 0 ':l r~ <1 11C I ) .I n , l : d .i .J ~ 'l ... ;:\ d \, CJ 11 L (~I I.'" \ 1" ," :-1 I' I C' I ) , .' U \ I : , : 1 .'\ 1 L ...11(: j--' " ( , I 1 (" i', J 1 cl '-.' , :,11 !"\ '; : (' '~ :~ c ],. I) (, tL:.) 1 ~~ "l,C () J.,' I, 'L"l '~( 1-' ( r-' Lf- ,,:/..--:; '. "',...,/ '1 1 ': 'j-') 1 .:J '.1 :''1 J 'I,HI \, :; ( l l i. \] U.I' C,-', 1:' i , I ~ r ~/, , (1 1:".. .1--\ :-,) , ;-ii' I I. .1: . 111.: . , .1 )j .L) I) i) ') \',. 1.1,' 'I ~, ."., . ., ~,<-' .. I.> j. \ i. : \./.. j? Il) l.\~~.. [!.i\ :~.:;1 ~~~~,.:). ~'.;~~ ..',j 1~~"I '. {'\ . . nt :.i: I U;'3 II r:: ',~5. ':: h;:~ 11' :i.i :r,::LO Jl}J.y ,1,L,LH:L . '.1 (-~. J ,. CI':i:,). t~ () '~) I~:: t :~l, \; 1 ~l ,.\ . ~ J i > .:~ (.', '.: ).'~:y ,,(I n.i~ ...: r: c ":; i' lr :~..: ( t.,: , ~ -' \1"' J.U:L~'r.":," }'~:Il(f ~:..:n,<:~<"):'U; :\ i; :.' ..\ C. , ])], C ,:(1 { ; or .'.": ,:1,.': " C ::1 },) 0.1:' ~~,~ J f :3i:~.:;"d .! ~.. ..' \ . , , , : ci !.~: ~ 'J '::: , '3 :: ':.-:) {~ :'_ ('J,. ~,;~l':,,~ :.~(~ U,:~.CC .__l'~~r~~(-l .~,,1~'\ c- j~ 11::,' 1.'<,/' ,.,.1 .J..,' :;" i.: I;. I 1:; , :' I '.'.,.:1,. ':::l. " II :1': II" '.1 ) .; :.~. I ! - ; : 'i ( ~ .. , ,~ ".. . " . I Section 15-29-15 Sapir investment Co. Inc-West Lot 20, Clearwater Heights Old Montogomrey ward building OR 4169 pg 1474 map of area too large to copy * *please see file* *