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JEROME AND GLORIA RICHARDSON c c., t.l c., Z <t.l c:::- :-z u:::~(C z>_ -<~ t.l '" ,oe>: 1=0,.., 1=~~ t.lzC:: >t.lf'l ~~< t.l,,~ c:: .C:: (.;:"'< 0;!2t.l C::o"" "-_u o ...:l o == C'c..,'. ,,- , 11 Chg <t. _5=-'?~____ I '5 J)" ---------.'I!!'" T-5128 \, \,. I I O.R.6500fJtr1644 87141572 This Instrument Prepared By S. Reader Progressive Title Ins. Co. 1006 S. Greenwood Clearwater, FL 33516 ----"W~~~~~ I j:?!2l"~ i~rrautl! ~eeb Made the .grd JEROME RI~ and GLORIA RICHARDSON, hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA who~e postoffice address is p~. Box Lf7'-1 ~ C)e arwa+e (', r::L 335 J 0- heremafter called the grantee:) 0 day of June husband and wife A,D. 1987 by (Wherever used herein the terms "I(rantor" and "I(rantee" include all the parties to this instrument and the heirs. lea-at representativ~ and 8RSiR'ns of individuals. and the- successsors and assiR'ns or corporations) ~ituessetIy:: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remise.s, releases. conveY8 and confirms unto the grantee, all that certain land s1:tuate in P~nellas County, Florida, viz: ' Lot 9, JANIE DANIELS SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Pi~lae;:;' County, Florida. ~ ~r;j r 7<- 1"'"- (."J .... J.-'" --- t-"'~ c.:1\ ~ ~ t ,~ ) :::.:. L...... r,t :Tt ~':'; f?t .,,(:"- r ,4 ~~ lor Q,>) c... ~-l Oocumentarf T~.>: I'd. f. ..,.{L.$::..'!Ji;. s.................... Int;jc.<nlJ!it TI)( ~, Kafi;{;;., i'. L~ .",.'rer, Cierk r'I~~lf'1!l County ~. ~ ..~u......... ij)eeLl~ tIadI SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. '<l:rogetIyer with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. . 23 '<l:ro ~nue nub to ~olb, the 8ame in fee simple forever. J\.ub the grantor hereby convenants with said grantee that the grantor i8 lawfully seized of Sa1'd land inJee .';?'mple; that the grantor has good right and lawful authority to sell and convey 8aid land; that the grantor hereby fully warrants the title to ,'laid land and will defend the 8ame again8t the I awful cla1:ms of all per80ns whomsoever; and that sa1:d land is free of all encumbrances, except taxes accrU1:ng subsequent to December 31. 19 86 . clu ~ituess ~Iyereof, and year first above written. I i i I I 15 15897700 40 1. 04JJ87 40 5.00 1 -H 115.00, TOTAL 120.00 C1K the said grantor has 8igned and 8ealed these presents the day I -' s..igned, sealed and delive ed in our presence: ,~_..-- .. . (II . STATE OF FLORIDA COUNTY OF Pli~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Jerome Richardson and Gloria Richardson to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 3rd day of ~ .A,D,1987 NOTA1?~~~~", ~J!"",, ---- ., . ~, .. J.... A. ICIlAM My Commtsswn exp'tres: State of FlorltIa eYl9l" . Q ~ ... CIlr.:lo ....... tt _ .Re tV [5jJ/ I )"~t; ,g-05 (/3) O~ ~/og7 . I I ~ 1r A. Settlement Statement u.s. Department of Housing and Urban Development OMS No. 2502.0265 B. Type 01 Loan ' 1.0 FHA 2. 0 FmHA 3. 0 Conv. Unins. 6. File Number 7. Loan Number 6, Mortgage Insurance Case Number 4.0 VA 5. 0 Conv. Ins. T-5128 C. Note: This form is furnished to give you a statement ot actual settlement costs. Amounts paid to and by the settlement agent are shown. lIems marked H(p.O.C.)" were paid outside the closing; they are shown here for information purposes and are nol included in the totals. D. Name and Address of Borrower E. Name and Address of Seller F, Name and Address 01 Lender Ci t y of Clearwater Jerome Richardson Gloria Richardson G. Property Localion H. Setllement Agent 205 South Madison Avenue PROGRESSIVE TITLE INSURANCE CO Clearwater, Fl. Place of Settlement I. Settlemenl Dale Lot 9 JANIE DANIELS SUBDIVISION 1006 S. Greenwood 06/03/87 Clearwater. FL 33516 J. SUMMARY OF BORROWER'S TRANSACTION: K~ SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 23,000.00 401. Conuact sales pllce 23.000.00 102. Personal property 402. Personal property 103. Setllement charges to borrower (line 1400) 218.00 4OJ. 104. 404. 105. 405. Adjustments lor items paid by seller in advance Adjustments lor ilems paid by seller in advancll 106. Cily /lown taxes 10 406. City /town taxes to 107. Counly taxes 10 407. County taxes to 106. Assessments to 408. Assessmenls to 109. 409, 110. 410. 111. 411. 112. 412- 120. GROSS AMOUNT DUE FROM BORROWER 23.218.00 420. GROSS AMOUNT DUE TO SELLER ":\.Cl()O (I() 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. Deposit or earneSI money 501. Excess Deposil (see instructions) 202. Principal amounl of new loan(s) 502. Selllemenl charges to seller (line 1400) 187.Cl(J 203. EXisting loan(s) taken subject to 503. Exisling loan(s) taken subjecl to 204. 504, Payolt of Iirsl mortgage loan 14 4,l.,i=l 71-. Thl'>nl;a ~ MQr'H~Q7 205. 505. Payolt 01 second mortgage loan 206. 506. 207, 507. 206. 508.- . . -I ; l">n . 7"\i=l "A 209. 509. 1986 P T a}: E;lc; ~c;;.. q7 Adjustments lor items unpaid by seller Adjustments lor items unpaid by seller 210. City/lown taxes to 510. City /lawn taxes to - 211. County taxes 01/01 to 06/03 129.73 51t County laxes 01/01 IJ (I~/()"\ <... \pq 7:\ 212. Assessments 10 512. Assessments to ......,.....,~- 213. 511 I II I I' ! {.:I I 214. 514. f} rz .,.., b t f Ii , . ,,. f....-~ 215. 515. t,,-J. . I Cr ';'\.',j., {, '-t,\_,::' 216, 516. .. - 217. 517. 216. 518. 219. 519. 220. TOTAL PAID BY I FOR BORROWER 129.73 520. TOTAL REDUCTION AMOUNT DUE SELLER 15 BRn 7() 300. CASH AT SETILEMENT FOR OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower (line 1201 23.218.00 601. Gross amount due to seller (line 420) ?3 oon (ICl 302. Less amounts paid by Ilor borrower (line 220) 129.73 602. Less reduction amount due seller (line 520) 15.880 7() 303. CASH FROM BORROWER 23.088.27 603. CASH TO -SELLER 7 11q <:(1 HFV Hlln.1 J'U Hhl I \.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 L. SETTLEMENT CHARGES: FILE NO.": T-5128 PAID FROM PAID fROM 700. TOTAL SALES/BROKER'S CO....ISSION baMCI on ptic. S @ BORROWER'S SELLER'S '"' fUNDS AT fUNDS AT Divi$lon 01 commi~$lon (line 7001 iCllollows: SETTLEMENT SETTLEMENT .--.-.-- -,----- 701. S 10 702. S 10 703, CommiSSion paul al Selllemenl , 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 1101. Loan Original ion Fee % 1102. Loan Discounl % f---- 1103, Appraisal Fee 10 ~---- lI04. Credil Reporl to 805. Lender's Inspeclion Fee to 806. Mortgage Insurance Applicallon Fee 10 1107. Assumphon Fee 10 BOB. _~9. 810. 811, 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVAHCE 901. Inleresl from 10 @S . /dav 902. Morlgage Insurance Premium for 10 903. Hazard Insurance Premium lor vrs. 10 904. 905. I 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo.@$ /mo. 1002. MOflgage insurance II\Q. iii S III\Q. --- 1003. CitV proper IV lilAes II\Q. iii S I mOo -- 1004. CounlV properly lilAeS II\Q. @ S /mo. 1005. Annual assllsSmenls II\Q. iii S , I mOo I-- 1-~~6. II\Q. @ S I mOo 1007, II\Q. @ S J II\Q. 1-.. 1008. II\Q. @ S /II\Q. 1100. TITLE CHARGES 1101. Selllemellt or closing lee 10 1-----...- 1102. AbslraCI or hlle search 10 .1---. 1103. Tille examination 10 --- 1104. Till!l insurance bmder 10 " _. 1105. Documenl preparahon 10 . . 1106. NOlary lees 10 -- , 1107. AllolOey's lees 10 (includes abOve i1ems No: I 1108. Tille insurance ..., 'va T;t-la r,.. ':> 1"l' ('1"1 (includes aoove ilems No: t 1 O? 1 1 O~, 1 t 04 ) 1109. Lender's coverage S ---- 1110. Owner's coverage S ':>~ (100 00 ---- ")1~,fIf1 II1RS W-q Fi 1 inn F",I'I .... "VI'I T;t-11'1 r,., - "l'''' (11"1 lEi1Ieci 031 Assmt - .... d VI'I Ti t 11'1 rn 1(1 rVI lRelease Fee ...., T; t 1 P rn. 1 i=l (In 1200. GOVERN"ENT RECORDING AND TRANSFER CHARGES 1201. Recoldlng leils: Deed S 5.00 ; Mortgage S. ; Releases $ c:; (II') 1202. Cily/counly lilA/Slamps: Oiled $ ; Mortgage $ _.. 1203. Slate lax / slamps: Oe~d $ 11~00 ; Mortgage S 11C:;~ 1204. -- -- 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. SUNey 10 --, . 1302. Pesl inspection 10 ~lea5e ,.,. I il'>n ~. 'va Titl~ r,.. q no 1304, 1305, 1400. TOTAL SETTLEMENT CHARGES (enler on lines 103 and 502, Sections J and K) ':>1 ~ (VI 1 ~7 {"H"l :~ ;:::: ~ ' -T '--~ ~ ~__.A.. . . 0.'" RlC aroso" ~ I2lil1J (f. iF ((;J;l/zrMa- City of Cleacwater ~l ~f\Jsk IIP'- ! i . 'l)/\/C.-t By: ~iles A. Lance ,l\ssistant City Attorney PREPARED FOR: City of Clearwater Progressive Title CO. SEC. ~ lWP. ~ RGE. ~ A SURVEY OF L'~"T .3" .../A"'A.//:- ~/A/?~L'...:>--' -7:f:;/..6T..:?/~5/t?A/ AS RECORDED IN PLAT BOOK ..:7 ,PAGE..:fZ.., OF THE PUBLIC RECORDS OF PINELlAS COUNTY, flORIDA ~~~ ~/C/..:r C' ~~......? C/7,Y" t?"":::- C'.::'E,......?".....-<'...:Y'~/:~ /v/~ ~.....v"'~~ .:;;7~6' ~-c::l/-~ I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE flORIDA ADMINISTRATIVE CODE. DATE: "":.:;f1;:;1...& .7 ..ft"'- L.; 4k " 5= /~-8 7 EVANS LAND SURVEYING 1780 MAIN STREET - UNIT D OWN. BY: ../.c~ DUNEDIN, FLORIDA 33528 PH: 734 - 3821 I~I NO .g~~A/'~../~y./V~~//~~~ "Yo. . .6'~ 1(0,> T-5l28 " ' I I This Instrument Prepared By S. Reader I'rllj{ressive Tille Ills. Co. 1006 ::i. Creenwood Clearwater, FL :!;~5H; W..\I{KANTY llU:ll INDI\'lIl. TllINlll\'IIl, '<TII,is ~arrantl! ~e.eb- MildI' the dllY uf JEROME RICHARDSON and GLORIA RICHARDSON, husband and wife A.D. 1,1)87 hy hereil/after ('ailed the arautor, to CITY OF CLEARWATER, FLORIDA lI'/lOse postojjice addres,'; i,'; hereil/ofter called the Yi'(llItee: lWht.rt'\'t'r USt'd tH'rl.in Itll' It'fnl... "~'rarif"r" ;>lHI ";li"anllT" IlIl'!Lldt, a.ll tht.' 11;lrtil'~ \11 lhis ill~lrtllllt"lll ;((ld tht' hl..irs, It"KuJ rt'flfl'St'nt:i.tivl':-O a.rul a:-.:-,j)lrls .,f i/I,li\.idL!~II:- and Ihi" ~t1t'l't'....~~,r~ ;,1111 "s~,i~ll:-. Hf {,lIrl)tjra[il.II~1 ~itn.essctq: That the U;"Uiltur, Ji,l' /lnd ill ('olll;iderlltiul/ of fhe 811111 (lj $lIJ.()() alld ufft,,!, l'ld uable ('Oft,"; ideratiuits, receipt l~'hen'ol i,,,; haehy III '!;,u r/I'! nl!Jed, he rehy !Jra II t,,,;, IHl1'yai liS, sells, II lie 1/.'';, n'wise,..;, releases, i'OtU'cys I1l/d C{J IIli rill.'; IIl/tu the !Jl"lwtl'l', all thllt ('I'rtaill land ~itll{(tl' iil Pinellas COli illy, Florida, 1'1':: Lot 9, JANIE DANIELS SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Pinellas County, Florida. it '-' j.""; :.<: ~: ;....~ 'h;"':;,. ~.:,... .= ~;~ ~~: :S ' t:~~ ~~~ ~-.::S ~ .C6: :;:.r..< ~~w i=c SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. .... "1 ..... o .... .... 'QI:og.etq.erwith all tht' tl';//:' itI/:'iI Is, hl,/,,.'diIIlHll'ilf,"; IlmlllfJJ!/u.tt'lIllf/{'I'S thai'lo he/oilyil/[J o/' iil anywise aPlwrtainina. '<nO ~aue anb to ~olb, till' SI/li//' il/.k/' simple .1;);"('1'1';'. .J\.n~ the Yrtwtor hei'l'hll CUIII'etHuit...; .with .'wid !J/'_{(lItl'l' thllt, the [Jral/fur i,,; luufllll!! .';I'iznl of.'wid I and HI Jee s nil pie; tha tthe r{rcwtor h a,,,; {J{)od J'/yht {( /I diu //111 I UII thoi'! t!l to ,..;(,11 a /Id nm l'eY811/d I UI/ d; thll t I III' gm IItor hereby 11/ /I y u'arrants the title to SI1 id III 1/ d uwll/' ill dljl-lId t 1//, same 11 !Jlli ilst till: lalljul clll i illS OJ'1I II lwrSOl/S ldlOmS(WI'et'; llnd that ,..;aid Illlld is fre(' I~l alll'III'UIiI/ii'{(}/('('s. e,/'{'('pt ta.fes I[('ITII illfl.'wfJ.';I'l/l/i'llt III D(~{'i'itlhe I' ,j 1, 1 Y 86 ~ n _ itn.ess ~ q.ercof, till' .wI;d !I/"III/Ior hilS s i[/I/I.d III/d ,'i1'111i'd the...;e jlJ'I',';{'ilts till' dU!1 mul year first abuI'e written. Si{Jiled, sealed al/d d/eel in 0111' prl'~/:'tII'/': - _ _, L~ F L. ~ . ',-~ ~~(":\ // /"":;> J, ,RIe ~ :7 i/;'/ ./'/~ ~<' ..?6-<....~: - ~::!.-c--Cj''-J/U.:F _ v ........_--../ ....... c--'/ C~-- .-" -'- ~ J ~.,. "(, m~', . r~i~ t1l1 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Jerome Richardson and Gloria Richardson to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of . A.D. 19 87 NO 1:4 lHy COiilmis:;ion {,J'pires: - owner's titl'e pOlicy s Industrial Valley Title Insurance Company Executive Offices: 1700 Market Street. Philadelphia, Pa. 19103 215-988-1881 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE b AND THE PROVI- SIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, INDUSTRIAL VALLEY TITLE INSURANCE COMPANY, A PENNSYL VANIA 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; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4, Unmarketability of such title. IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date shown in Schedule a; the policy to become valid when countersigned by an authorized signatory. INDUSTRIAL VALLEY TITLE INSURANCE COMPANY By PROGRESSIVE TITLE INSURANCE CO. 006 S. Greenwood Avenue Clearwater, L 3516 (813) 44 -1 5 President, Operations Division Attest: ~. P.p '/yJLu}, Sw"", 74-1 PAlO ALTA Owner's Policy -1970 - Form B Amended 10-17-70 AUDIT NUMBER 2 4 4 4 5 0 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 ot 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, adverse claims, 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, CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule a, and, subject to any rights or defenses the Company may have had against the named in- sured, 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 damage here- under. (c) "knowledge", actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public r~cords. (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 andfrom the land is_insured by this policy. (e) 'mortgage": mortgage,deed of trust, trustdeed, or 6ther--security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land, 2. Continuation 01 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 in- terest 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 in- terest or the indebtedness secured by a purchase money mortgage given to such insured, ,~. I 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least 6f: (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 ex- penses in litigation carried on by such insured with the written authori- zation of the Company. (c) When liabiilty 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 01 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 en- cumbrance insured against hereunder, by litigation or otherwise, re- moves sucb dE;lfect, lien or encumbrance or establishes the title, as insured, withrn ar-Eiasonable 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 therefrom, ad- verse 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 01 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 los; or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company I , ~-"--." , schedule Date of POlicy June 4, 1987 @ 5:17 PM Amount of Insurance $23,000.00 , ~- AII~, Number 73-71 T-5128 1. Name of Insured: crTY OF CLEARWATER, FLORIDA 2, The estate or interest in the land described herein and which is covered by this pOlicy is: FEE SIMPLE 3, The estate or interest referred to_fl~l$,at Date of Policy vested in INSURED 4, The land referred to in this pOlicy is situated in County of Pinellas . State of Florida <!I!i:l is d9SCrfbed in tfle instrument as recorded of record in O.R.. Book 0509 Page 1644 Lot 9, JANIE DANIELs SOIlDIVISION, iiCC<lrding to the IIlap Or plat thereof as recorded in Plat Book 5, Page 23,of the Public ~oflli""llas County, Florida. .'" --sChedole[li] , I This policy does not insure against loss or damage by reason of the following: .. Number 73-71 T-5l28 1. Discrepancies, conflicts in boundary lines, unrecorded easements, encroachments, and area content which a complete and accurate current survey would disclose. 2. Rights or claims of parties in possession not shown by the public records. 3. 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. 4. Easements, or claims of easements, not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens or charges by the public records. 6. The lien of all taxes for the year 19 87, and all subsequent years, which are not yet due and payable. ':ftHk,:~:.:,!::, .;.. ;:; OOTE: ITEMS #2 THROUGH #5 ARE HEREBY ~!Ii!IIfiM~ POLICY. 76-55 OWNER PA'10 Schedule "b" of this policy consists of 1 pagels), ----.::::::::::: , IndustJal Valley Title InsurancA Company Executive Offices: 1700 Market Street · Philadelphia, Pa. 19103 215-988-1881 amendment to schedule or This endorsement is to be attached to number73-71, T-5l28 as a part thereof. Schedule B, item #1 is hereby deleted from said policy. ALL OTHER MATTERS REMAIN IN FULL FORCE AND EFFECT. Nothing herein contained shall be construed as extending or changing the effective date of this policy unless otherwise expressly stated. IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this endorsement to be signed and sealed as of the effective date shown in Schedule a; this endorsement to become valid when countersigned by an authorized signatory. INDUSTRIAL VALLEY TITLE INSURANCE COMPANY Dated the 4th day of June 1987 PROGRESSIVE TITLE INSURANCE CO. 1006 S. Greenwood Avenue Clearwater, FL 33516 (813) 443-1575 ,\HE I~ '" J'", ",-,,-,"- Q'0\l.A T[ ,5/ 1'""9' ;:: ~~~ -?,.... . {:, By President. l!l (i:\ Attest: \). f) -- 'Ir~,l, if 7' (f" Secretary .. r_____'_..._. , '" ';. />1' ....'~..': If',;; .t""SYt\j~' ~b <?~I .. >" Authorized Signatory IV-" AUDIT NUMBER 7 - 5 714 5 ....'- --- -"......- ~~;....{ , 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, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litiga- tion is founded upon an alleged defect, lien, encumbrance, 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 or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured here- under of any clam, of title or interest which IS adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall n,ot 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; pro- vided, however, that failure to notify shall in no case prejudice the rights of any sllch 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 estab- lish 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 determina- tion by a court of competent jurisdiction and expressly reserves the right, In its sole discretion, to appeal from any adverse Judgment or order (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prose- cute 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 Company, 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 proceeding, and the Company shall reimburse such insured for any expense so Incurred 4. Notice of- Loss - Limitation 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 dam- age 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 fur- nished. Failure to furnish such statement of loss or damage shall ter- minate 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 ter- minate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy to- gether with any costs, attorneys' fees and expenses Incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by 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 a payment under this policy, The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise 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 sub- sequent 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 state- ment 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 fight of .subrogatlon shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be enlitled 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 Company, such Insured claimant shall transfer to the Co~pany 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 claim- ant, 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 impair- ment of the right of subrogation. 12. Liability Limited to this Policy This Instrument together with all endorsements and other instruments, 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 slJch 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 authonzed 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 Headquarters. I , .~ " . ~. ....: owner's title policy .." oj -.:',!:'.' ,~ .. t CONTRACT FOR SALE AND PURC~ Then 1 aM. Mende7 and Jerome Richardson ' BS "Seller", 11117 KingR Highway, Clearwater, Florida 33515 (Phone 446-1483 ), City of Clearwater Florida ,BS "Buyer", P.O. Box 4748. Clearwater. Florida 33518- (Phone 462-6638 ), hereby BgreB thBt the Seller shall sell and Buyer shall buy the following propBrty upon the following terms Bnd conditions WHICH INCLUDE the Standards For RBal ESl8ta Transactions on the reverse hereof or attached hereto, hereinafter referred to as "Standard(s)". PARTIES: .... BAR/FAR Form No 2 of and of I. DESCRIPTION: (a) Legal description of real estate located In Pinellas County County, Florida: lot 9, JANIE DANIELS SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas County, Florida. (b) Street address, If any, of the property being conveyed Is 205 SOUTH MAIHSON _ AVENUE, CI EARWATFR J q nRIDA. (c) Personal property included: None II. PURCHASE PRICE: . . . . , . . . . , . . . . . . . . . . . .. . . . . . . . . . . . . . . , . , . . . . . . . . . . . , . . . . , ,$ PAYMENT: (a) Deposit(s) to be held in escrow by $23,000.00 in the amount of. . , . .$ N/A (b) Subject to AN D assumption of Mortgege In favor of bearing inte-rest 8t % per annum and payabl'e'"es to pri'ncip"ai'end per month. having an approximate present principal balance of, 0 ,. $ Interest $ N/A (c) Purchase money mortgage and note bearing interest at principal amount of 0 . . . . . . . . . . . . . . , 0 . . . % on terms set forth herein below, In the TOTAL .$ $ .$ .$ N/A N/A $23,000.00 $23.000.00 (d) (a) Other Balance to close. (u.s. cash. certified 0-1' cashier's check) subject to adjustment-s and prorations. III. FINANCING: II the purchase price or any pert thereof is to be flnenced bye third perw loan, this Contrect for Sale and Purchese, hereinefter referred to as "Contract", II conditioned upon the Buv.r obtaining. firm commitment for 'Rld loan within deys from dete hnreof. at en Interest rat. not to .xc.ad %: term of _yeers; end In the prlnclpel emount of $ . Buy.r egr... to mak. application for, and to u.. ,...onable dill. gence to'obtaln ssid losn. Should Buyer fall to obtain same. or to waive Buyer's rights hereunder within said tim'e. either party ,nay cancel Contract. IV. TITLE EV IDENCE: Within 20 deys from dete of Contrect, Seller shall, et his expense, deliver to Buyer or his attorney, in accordance with Standerd A, either (CHECK) 0 (1) or lJ (2): (1) ebstract, 0' (2) title Insmence commitment with fee owner's title policy premium to be paid by Seller at closing. V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this off~r is not executed by both of the parties hereto on or before April 20, 1987 the aforesaid deposlt(s) shall be, et the option of Buyer, returned to him end this offer shell thereafter be null end void, The date of Contract shall be the date when the last one of the Seller and Buyer has signed this offer. hefi VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered onC4te DreJrddayof JUNF 19 87.. . unless extended by other provisions of Contract. VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subject to:'Zonlng, restrictions, prohibitions and other requirements imposed by governmental Buthority; Restrictions end matters appearing on the plat or otherwise common to the subdivision; Public utility easements of record. (provided said easements ere located contiguous throughout the property lines end are not more than' 0 feet in width e5 to the rear or front lines and 7YI feet In width as to the side lines, .unless otherwise specified herein); Texes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any; other: None provided, however. that none of the foregoing shall prevent use of the property for the purpose of Commer ical llse VIII. OCCUPANCY, Seller represents thet there are no parties in occupency other than Seller, but if property is intended to be rented or occupied beyond closing, the fect and terms thereof shall be stated herein. end the tenant(s} shell be disclosed pursuant to Standard G. Seller egrees to deliver occupancy of property at time of dosing unless otherwise specified below. If occupancy is to be delivered prior to closing, Buyer ,assumes all risk of Joss to property from date ofoccu- pancy, shall be responsible and liable for maintenance thereof from said date. and shall be deemed to heve accepted the property. reel, and personelo,1n its existing condition as of time of taking occupancy unless otherwise noted in writing. IX, ASSIGNABILITY: (CHECK ONE) Buyer Omay assign [XI may not essign, Contra"-t. X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS, Typewritten or handwritten-provisions inserted herein or attached hereto as Addenda shall control all printed provisions in conflict therewith. XI. SPECIAL CLAUSES: 1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy. 2. The Sellemagrees to not withdraw this offer to sell prior to April 21, 1987. THIS IS INTENDED TO BE A lEGAllY BINO~NG CONTR-ACT" IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTUR.N-EY PRIOR-'f-O-S.l,GNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF~E.iL ~AND !HE '~~IDABAR by The Florida Ber end the Florida ASSoci;ti~n of fJ.!L,t("(l:Q,R.; ...... -- ,... (SEAL) A oved as (SEAL) ~{ Jr, ~~k--/ . , (SEAL) Deposlt(s) under 1,1 (a) receiv.id; if check, subject to clearance, By; (Escrow Agent) BROKERAGE FEE: Seller agrees to pay the registered real estate Broker named below, at time of closing. from the disbursements of the proceeds of sale, com- pensst,lon In the amount of % of gross purchase price for his services in effecting the sa,le by finding a Buyer, ready. willing,and able to purchase pursuant to the foregoing Contract; In the event Buyer fails to perform and deposit(s) is retained, 50%, thereof,but not exceeding the Broker's fee above computed, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and .the balance shall be paid to Seller. If the transaction shall not ba closaCt because of refusal orfailure of Seller to perform, the Seller shall pay said fee in full to Broker on demand, (SEAL) (SEAL) l~ l.tOVJ .f- {/,:1,!\.! W-, -(~)~.j-(~,:{~/) "".. (Name of Broker) (Seller) ! (3..3/1' 7 -~ ST ANDAIlDS FOR REAL EST ATE TRANSAC1IONS ' ',: , A. EVIDENCE OF TITLE: LLJ An .il2.Ur.iLU:of title I' rcpared or bl"oupht current by 8 reputable and e)(istinl~:)stract firnl (if not existing then certit:ed AS cor-re;;....by an 8xl,stlng firm) purporting to be all accurate syn )sis of the instruments affecting the title to subject r property recorded in the pUblic r,ccoidl~,t lno"cot"lnty whoreln the land Is situoted, through dOle of Cont .ct. An abstract shall commence with the earliest pub rr.corcls, or slIch Int(H cJate ns Inay be cu!\omnry In the county wherein the land Is situated. Seller sholl convey 8 markp.table title in accordance with Title Standards adopted frofTl tirllH to tilfu! hy The Florida Bar, subJect only to liens, encumbrances, e)(ceptions or qualifications set forth in this Contract Bnd those which shall be discharged by Seller ot or before closing, Upon closing 01 this transaction such abstrltct ShAll become .the property of Buyer, su~Ject to the right of releutian thereof by first mortgogp.c IJlllil fully paid; or W a title Insur. ance commitment Issued by n Qultlified title insuror agreeing to issue to Buyer, upon.recording of the deed to Buyer, an Owners pOlicy of title insurance In tne amount of the purchase price, insuring title of the Buyer to the real property, subject only to lienS, encumbrances, exceptions or qualificntions set forth in this Contract and those which shnll be dischnrged by Soller at or before closing. Buyer shall hnve 30 days, if abstrnct, or 5 days, il dlle co,,,mitment, 'rom date of re- ceiving evidence of title to e.amine same. If title is lound delective, Buyer shaW, within 3 days therealter, notify Seller in writing specifying delectls)' If said defect!s) render title unmarketable, Seller shall have 120 days from receipt 01 notice within which to remove said defectls), and il Seller is unsuccessful in removing them within said time, Buyer shall have the option of either (1) accepting the title as it then is, or l 2) demandin~ a relllnd of all monies paid hereunder which shall forthwith be retllrned to Buyer and thereupon Buyer and Seller shall be released as to one another, of all lurther obli~ations under the Controct; how- ever, Seller agrees that he will, If title is found to be unmarketable, use diligent effort to correct the defect(s) in title within the tirlle provided therefor, including the bringing of necessary suits. B, EXISTING MORTGAGES: Seller shall furnish a statement Irom the mortgageels) setting lorth principal balance, method 01 rayment, interest rale ond whether the mortgoge(sl,..J.t in good stanrJinR. If,8 rnortgngc requires approval of the Buyer by the rllortgDQC!e in ord~ to avoid default, or for nssu",ption by the Buyer of said mortgage, and W the rTlortqapee does not approve the Buyer, the Buyer rnay rescind the Contract, or L~J requires an increase in the interest rate or charges a fee for sny resson In excess of $100,00, the Buyer may rescind the Contract unless Seller elects to pay'such increase or excess, Seller shall nay 50% of such fee up to $50,00. Buyer sholl use reasonable diligence to obtain approval. The Brnount of any escrow deposits held by mortgagee shall be cl'edited to Seller, C, PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, il any, sholl provide lor a 30 <lay grace period in the event of default if it is a first nlortgage and a 15 day grnce period if a second mortgage; shall provide for right of prepaYfnent in whole or in part without pp.nalty; shall not provide for acceleration In event of resale ,of the property; and shall be otherwise in form and content required by Seller's attorney; provirlp.rl, however, Seller may only re- Quire clauses custofnarily found in rnortgages ann rnortgage notes genefally utilized by savings and loan institutions in the county vvh~rein the property i!> located, Seld mortgage shall require the owner of the property encurnbered to keep all prior liens and encumbrances in good standinq and forbid the owner of the nro- perty from accepting modifications of or future advances under prior mortgngc(s). All personal property being conveyed will, ot option of Seller, be subject to the lien of the mortgage and evidenced by recorded Financing Statements. D. SURVEY: The Buyer, within time allowed for delivery of evidence of title Bnd examination thereof, may have the property ~aHveyerl at his eKpense. If the survey, certified by a registered Florida surveyor, shows any encroachment on said property or 1hat hnprovements intended to be lor:nten on the subject property in fact encroach on lands of others, or violate any of the Contract covenants, the same shell be trented 8S 8 title defect. Any 'Survey prcpnred in connection wilh or 81 8 consequence of this tra'nsBction rnay include a description of the property under the Florida Coordinate Systern as defined in ChApter 177. Florida Statutes. E. TERMITES: The Buyer, within tilTte allowed for delivery of evidence of title and exarnination thereof, or no Inter than 10 days nrior to closing, whichever date occurs last, may have the irnprovernents inspected at Buye'r's expense by a Certified Pest. Control Operator to deterllline whether there is any visible active termite Infestation or visible eKisting uBlllage from tcrrnite infestation in the hnprovernents. If Buyer is informerJ of either or both ,of tile forcgoing, Buyer will have 4 days from date of written notice thereof or 2 days after selection of 8 contractor, whichever occurs first, within which to have all dal1Htyes, whether visible or not, in- spected and eSJ,imated by 8 licensed bl!.,~lrJing o~ general contract~r. Seller shall pay valid costs -.of treatment and repair.of .AII dnrn~~w up to 1 %% of Purchase Price. Should. 'such costs e)(cecd that alT1ounl, Buyr.r shall hnve the optionof cancelling Contract 'within 5 dHYs after j'cceipt of cOllllnetor's rCrDIr estimale by giving written notice to Seller, or Buyer rnay elect .to proceed with the transaction, in which event Buyer shall receive a crer:tit at closing of on amount equal to 1 y,% of said Purchase Price. "Termite" shall he deenled to include all wood destroying insects, F, INGRESS AND EGRESS: Seller covenants and warrants that there is Ingress and egress to the property, G, LEASES: Seller shall, not less than 15 days prior to closing, lurnlsh to Buyer copies of all written leases and estoprel lellers from each tenant specifying the nature end duration of said tenant's occupancy, rental rates and advanced rent Bnd security deposits paid by tenant. In the even1 Seller is unable to obtain such letters from each tenant, the SafTle inforrnation shall be furnished by Seller to Buysr within said timb period in the form of a Sellers affidavit, and Buyer may thereolter contact tenants to confirm such inlormatlon, Seller shall deliver and assign all original leoses to Buyer at closing. H, LI ENS: Seller shall, both as to the realty and personalty being sold hereunder, lurnish to Buyer at time of closing an affidavit attesting to the absence unless otherwise provided for herein, of Bny financing stoternents, clairns of lien or potentlallienors known to Seller and further attesting that there have been no improve- ments to the property for 90 days irnmediately preceding date of closing, If ,the property has been improved within said time, Seller shall deliver releases or waivert of all mechanic's liens, e)(ecuted by general contractors, su'bcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the nemes 04 all such general contractors, subcontractors, suppliers and materialmen 8,nd further reciting that in fact all bills for work to the subject property which could ser\." os a basis for a mechanic's lien have been paid or will be paid at closing. I. PLACE OF CLOSING: Closing sholl be hald in county wherein property is located, at the ollice, of ottorney or other closing agent designated by Selle' J, TIME: Time is of the essence of this Contract, Any reference herein to time periods of less thon 6 days shall in the computotion thereof e.clude Saturdavs, Sun. days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall e.tend to 5:00 p,m, of the next full business day, K, DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechonic's lien olfidavit, assignments of leoses, and any corrective instruments that may berequired in connection with perfecting the title, Buyer shall lurnlsh closing statement, mortgage, mortgage note, and financing statements. L,EXPENSES: State surtax and documentary stamps which are required to be allixed to the instrument 01 conveyance, intangible t.. on and recording of pur. chase money mortgage to Seller, and cost of recording any corrective instrunlents shall be Pilid by Seller. Documentary stnrnps to be affixed to the note or notes secured by the purchase money mortgage, cost of recording the deed and financing stllfemcnts slH,11 be paid by Buyer, M, PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current yeor's ta. with due allowance made lor ma"imum allowable discount and homestead or other exemptions If allowed for said year. If closing occurs at a date when the current year's millage is not lixed, and current year's essessment Is evailable,taxes will be prorated based upon such assessment,and the prior year's millage. If current year's assessment ,s not available, then taxes will be prorated on the prior year's ta,,; provided, however, II there are completed improvements on the property by Januory 1st of vear of closing, which improvements were not In e"lstence on January' 1st of the prior year, then ta"es shall be prorated based upon the prior year's millage and at an equitable assessment to be ogreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment tal<. ing into consideration homestead exemption, If any. However, any ta)( proration based on an estimate may at request, of either party to the transaction, be subsequently readjusted upon receipt of tax bill on condition that a statement to that ellect Is set forth in the closing statement. N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratilied special assessment liens as of date 01 closing (and not as of date of Contract) are to be paid by Seller, Pending liens as of date of closing shall be assumed by Buyer, provided, h,.,wever, that where the improvement has been substantially completed as of the date of Contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimete by the public body, of the assessment for the improvement, O. PE RSONAL PROPE RTY INSPECTION, REPAI R: Seller warrants that all major applionc'~s, heating, cooling, electrical, plumbing systems, and machinery are ir working condition as of 6 days prior to closing. Buyer may, ot his expense, have inspections made of said items by licensed persons dealing in the repair and main- tenance thereof, and shall report in writing to Seller such items as found not in working condition prior to taking of possession thereof, or 6 days prior to closing, whichever Is first, Unless Buyer reportsfoilures within said period, he shall be.deemed to have woived Seller's warrol1ty as to loilures not reported, Valid reported failures shell be corrected at Seller's cost with funds therefor,escrowed at closing. Seller agrees to provide access lor inspection upon reasonoble notice, p, RISK OF LOSS: If the improvements are damaged by fire or other casuelty prior to closing, and costs of restoring same docs not exceed 3% 01 the Assessed Valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and closing sholl proceed pursuant to the terms of Contract with cost therefor escrowed at closing. In the event the cost 01 repair or restoration exceeds 3%of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the property as Is, together with either the said 3% or any insurance proceeds payable by virtue 01 such loss or damage, or 01 canceling Contract and receiving return of depositls) made hereunder. a, MAINTENANCE: Notwith$tondi"9 prQ.Visions of Standard 0, between Contrectdate and closing date, personol property relerred to in Standard 0 and real property, Including lawn, Shll/bber.y~ aDd PO'~, 1.1 anY;"!~all be maintained by Sel,ler in conditions they existed as of Contract date, ordinary wear and tear excepted. R,PROCEEDS OF SALS.' ~ ~LOSING PROc'EOORE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense, to show title In Buyer, wit-bou.'any encumcr'3t>ces'or change which would render Seller's title unmarkeloble, from the dote of the last evidence and the cash pro. ceeds of sala shall ba h,ld In .;scrow.l;>y Sel!"!n.-attocney or by such other escrow agent as may be mutually agreed upon lor a period of not longer than 5 days from and after closlng'dllte. !'f Seller:. SltJEf"'ts 'renderey \jnmarketable, Buyer shall within said 5 day period, notify Seller in writing of the defect and Seller shall have 30 deys from da\e iJ:t'T8Celpt of such. n/!lflicatlo<1 to cure said delect. In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written damand theref~r..l!U.c[wlthin 5 da",,-tJ;rereafteC, L.ll returned to Buyer and,simultaneously with such repayment, Buyer shall vacate the premises and recon. vey tne property In ques\.il).O-to th.a,.5e1lar by.-.,pecial 'Wwarrty deed. In the event Buyer lails to make timely,demand for refund, he sholl take title as is, waiving all rights against Seller as to .~.intervening d.>tl~t e"coPt as m'ay be available to Buyer by virtue 01 warranties, II any, contained in deed, In the event a portion of the purchase price Is to be t!efT'vl!d.from instlt..t.ional H"'e~ng '01' re-fi.nanclng, the requirements of the lending institution as to place, time and procedures for closing, and lor disbursement of-!",',,((ga!~ proceeds, shall.co~I,anything in this Contract to the contrary notwithstanding, Provided, however, that the Seller shall have the right to require from '!!leri ll!n(l1"sinstituti~rrat clQsing a commitment that it will not withhold disbursement of mortgage proceeds as 0 result olany title delect attributable to Buyer- mor\Uagc.r,. -. . . .' S. ESCROW: Any escrow n~j- rec~iving 'fur"!9S'.is authorized and agrees by 8l':Ceptance thereof to promptly deposit and to hold same in escrow' and to disburse same subject to clearance therecf'-'1n accor1i;ince with terms and conditions of Contract. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt a's to his duties or IilJbilities under the provisions o.f this Contract, the escrow agent may in'his sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a, judgrnent of a, cO'urt of cornpetent jurisdiction shall determine the rights of the parties thereto,' or he moy deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County having jurisdiction of the dispute, and upo'n notifying all parties concerned of such action, all liability on the part of the escrow agent shall fully terminate, except to the extent of accounting for any nlonies theretofore delivered out of ' escrow. If a licen'sed real estate broker, the escrowee will cornply with provisions of Section 475,25 (1) (c), F.S" as amended. In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue of acting as such escrow agent hereunder, or In the event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover 8 reesonebla attorn.ey's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevniling party. All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Contract or gross negligence on the part of the escrow agent, T, ATTORNEY FEES AND COSTS: In cOl1neclion with any litigation including appellate proceedings arising out of this Contract, the prevailing party shall be entitled to recover r'easonable attorney's fees and costs. U, DEFAULT: If Buyer lails to perform this Con\ract within the time specilied, the depositls) paid by the Buyer aloresaid may be relained hy or lor the account of Seller 8$ liquidated dafTHlgcs, consideration for the execution of this Contract and in full" settternent of any clairns; whereupo'n all parties shall be relieved of ell obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this Contract. If, for any reaSon other than lailure 01 Seller to render his title marketable alter diligent effort, Sell,er fails, neglects or refuses to perform this Contract, the Buver moy seek specific per. forrnance or elect to receive the return of his deposit(s) without thereby waiving ony action for darnages resulting'from Seller's breach. V. CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contract nor any notice thereof shall be recorded in any public records, This Contract shall bind and inure to the benefit of the parties hereto and their slIccessors in interest. Whenever the cont(!x t pcrrnits, singular shall include plural and one gender shall include all. Notice given by or to lhe attorney for either party shall be as effective as if given by or to said PiHty, W, PRORATIONS AND INSURANCE: To.es, assessments, rent, interest, insurance and other e.penses and 'evenue ot.said property shall be prorated as of date of closing. .Buyer shnll have the option of toking over any existing policies of insurance on the property, if risslIrTlable, in which event prelniums shall be prorated. The cash at' closing shall he increased' or decre3scd as may be required by said prorations. All references in Contract to. proralions as of date of closing will be deemed "date of occupancy" if occupancy occurs prior \'0 closing, unless otherwise provided for herein, X. CONVEY ANCE: Seller shall convey title t.o the aforesaid real property by statutory warranty deed subject only to mflttn!'s contained in Paragraph VII hereof. Personal pr,operty shell, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of' title, subject to such liens as may be otherwise provided for',h,,,eln, Y. OTHER AGREEMENTS: No rHior or prnsent ngreernents or representations shall be binding tlrlan any of the parties hereto unless incorporated In thh ContrA -t. No morli!lC::ltiqn or chnllf1(! in thi~ Cnntr<Jct shnll he vnlid or hilldinq upon thp. p"rtir.s lInle~s in writing, ex.er:lItell hy till! pnr1ip.s to be bound th~rehy. 10 If) .,.. ",,/ff .. CLEVELAND 5,. I ,5.R. 60 o 'It 6D ;", ~ ,::- en _ .., In .;:- , - - .., ~ ~ '! :'!: ~ ........~~.:::-... he ~ ..... '- 19 24, 30 ~ W ~ > ~ ...... ~ " .0 ,I ~" :;~I -::==1 ,...-- is 1231 , I ( 1 t I l' 1 L I : . " '" ~ Ii' 14 15 2.0 16 18 22 21 , 8 /0 IZ /4 OWNE CITY 6D II M a B 21.07 100 27 OR. 4977-354 355 26 \) '<l ~ " ~ Ra: w 13 IS If.. 18 32 ~ 20 z ~ x w ~ ...J <{ Mas 21,06 Z1- Z'I z(. 37 38 39 <:l " \l 2,' 15'0 13~ 1.0 R.O, .Trlon9le I/:J..S" O.R 3219-346 o N v Res. 61-50 5-22-61 O.R. 1177 Pg.334 N IS" 50 ,~ <I " 27.5 101 103 r-.. ~ \, -Jo':;'" w- N 4 ~ A\ 3 2 ...... ~', ~ ^-....o '" ..... ~ ~ "" !~ ~ ~ ,/ r'lt ~r-- a::o:t w- Q..0l 00.. 0::1 Q..<n U) ro:t ~ . _0:: uo ~~ o ;:: ~ r~ -a: Ud. ~-I.\ ~ Iro 2 5 ~ '" " " ClO '" "- ..... 6 o l, I 1"'0 PIE R CE o '" o r") .... \, ~ "So CI\ ... .~..,. '4- "".::: .:::: :::; '" " \.. 21~ '<i G\ tq ... ....... w > ~ 1/ 12 13 14 I, ~ ---- ----------------------r 20 t\ :0' Un erground a Util. E:Jsm't.0.R1I82'436 I · ---~ ----------;-------;----------r 4.5 _C R.O,W. a lJt11. Eosm f.0,R.II82'438 Deed O.R. 1182-434 2 1 I I n: 101 !;l?1 ~I l'J1 1"), ":1 a: 01 I F.P.C, ESMt ~, O.R.5462-.....><'" 512 So 2'1-1 Z 213 ZI41 0 211.. Cf) Zl~ ZIS Cl 217 <( ZZo ~ 21"3 " 7-09 ~~ -<<, <::>~ ~ty- .... ... " 3' 2ZZ ZZI 209 I> 0 ZZ3 301 ~o3 30~ 307 3'o~ 31\ 313 3.5 . ~ ~ 4 30Z II: ~ ~ 5 ... '0 it 0> " en -w ..... III '~. ~. 2 308 J- '"1:\ ....1 'I '" 3 . .. ~,' ; I. I, . commitment for title insurance INDUSTRIAL VALLEY TITLE INSURANCE COMPANY Executive Offices: 1700 Market Street, Philadelphia, PA 19103 (215) 988-1881 Industrial Valley Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule a, in favor of the proposed Insured named in Schedule a, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule a, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules a and b and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule a hereof by the · Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caus.ed this Commitment to be signed and sealed as of the effective date shown in Schedule a; the Commitment to become valid when countersigned by an authorized signatory. INDUSTRIAL VALLEY TITLE INSURANCE COMPANY By: PROGRESSIVE TITLE INSURANCE CO. 6 S. Greenwood Avenue Clearwater, FL 335 (813) 15 ,.. r- Attest: \). f) -- 'Ir~,i, if 7 (jSecretary 87 -202 AL TA COMMITMENT PA 3 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule b hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by ~~il u re t~ _~_~d i~c;l<:>_s_~~LJ~h_kn()w!~<!g~~!!__t~~_EI""()P<:>s~~lrl~LJ!edn~ h~I-'-_~i~_c;!<:>se_sLJg~_ knowledge to the Company, or-if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule b of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule b, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule a for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of actionThaffhe pro-pOse-d-fnsOredrrfay have or may bring- against the Company arising out of the status of the titleto the estate or interest orthe status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ~I I -.---- 1 ~ .' ., f I schedule a. . , UuAJE.3'~ If?? ,,6A Effective Date .APril 24, 1987 @ 8:00 AM 1. Policy or Policies to be issued: AL T A Owner's Policy 1970 Form lL Amended 10-17-70 Proposed Insured: City of Clearwater, Florida I Number 73-71 T-5l28 $ 23,000.00 AL T A Loan Policy 1970 - Amended 10-17-70 Proposed Insured: $ 2. The estate or interest in the land described or referred to in this Commitment and covered herein is FEE SIMPLE, and title to the~slat~or interest in said land is at the effective date hereof vested in: Jerome Richardsoni,a",~. man 3. The land referred to in this ComrniffnenUs described in SchedukiJ C-, ,".' .,.,' ;-.' , ", 76-61 AL TA COMMITMENT PA3 AUDIT NUMBER 1 -142557 J J schedule b "- I ~, - section I Number 73-71 T-5128 The following are the requirements to be complied with: 1. Instrument(s), in insurable form, creating the estate or interest to be insured must be executed, delivered and filed for record. cflpa ~ d Warranty Deed from JEROME RICHARDSON, joined by his spouse GLORIA RICHARDSON Ce CITY OF CLEARWATER, FLORIDA. tisfaction of i terns #7 and #8 as recited in Schedule B-Section II. 2. Payment of the full considerqt~ . for the account of',9rs or mortgagors. 3. Payment of all taxes, liens.' , and assessments, leviJ~l(~rl~fa,~sessed against the prem- ises described in Schedu~~{~ ' ch,aredue and payabl~. ".,<i. .' ."..,.., 4. Satisfactory evidence s~ " C:<}th~timprovem~M~F.ii }~~al"$or alterations thereto are completed; that contraC 'i ctQ;;s'jlabOr and ma~rialmeoareall paid. 5. Proof that all electrical.~j'ian<< he~tiRgfurnace~;<i~d systefTls, and any other fixtures installed on the premises ~re nll!'J)Urchas.edunder ,;~~cured transaction agreement or any other retention of title agreerr1~nt o'rhave now been fullypaid for. 6. Proof of identity, legal age and.t; -etency, and maritalst~t~~;.itaffecting title (including deaths and divorces), of all natural. per 'transaPtio~~.[<;!}:'l;'i NOTE: A GENERAL INDEX SEARCH WAS MADE OF THE MORTGAOOR(S) AND THE RESULTS ARE RECITED IN SCHEDULE B-SECTION II. 85-64AL fA COMMITMENT PA3 Schedule "b" - section 1 consists of page(s). 1 .r ) schedule b - section II t. I Number73-71 T-5128 Schedule b of the policy or policies to be issued will contain the following exceptions unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. les or conflicts in boundary lines, unrecorded easements, encroachments or area content a complete and accurate current survey would disclose. Rights or ,~ms of parties in possession not shown by the public records. 4.. y'e r' ht to a lien, for services, labor or material heretofore or hereafter furnished, imposed by EJ not shown by the public records, 5. Easements, or claims of easements, not shown by the public records, 6, Taxes or s~al assessments which are not shown as existing liens or charges by the public records, J a e om Jerome Richards~.,~~;ted, joined byhi~wife G10rida Richardson to endez and HermanA..~, wife, dated lQ/15/85, and filed for record on /85 in O.R. Book 6120,P~,& 1534, Public Racordse>f/Pine11as County, Florida: given to se re a promissot}"ne>te,iR the principal amount of $16,320.00. udgment from'D1e Rental & Sales, Inc. to Gloria Richardson and Jerome Richardson ia Richardson plast~ang, dated 11/10/86 ~,filed for record on 12/9/86 ook 6378, Page,lE.2, Pqblic Records of Pinellas County, Florida. n of real property taxes for the year 1986, which are now due and payable. 10. Payment of real property taxes f.cirithe .year 1987, and all subsequent years, which are not yet due and payable. ... 11. water,. sewer or garbage r~tffi.llr\lri,l:y,,;#:'.~Ei~Y:~;~~'cu;1d payable to a governmental author~ ty. "H"$hh"""'"'lI.b,r""'I!",,,I~!!. '!....hd!!i~"'k 'li': :. 12. Rights claimed in appliances or?ersonalPro[ierty attached or unattached to the real estate or building described in the captioned property are neither guaranteed nor insured hereunder. 13. Subject to Tangible Personal Property Tax, if any, due and payable. 76-59 ALTA COMMITMENT PA 3 Schedule "b" - section II of this commitment consists of 1 page(s). .. . , ' J - .,. sc'hedule iJ I Land Description Number 73-71 T-5128 Lot 9, JANIE DANIELS SUBDIVISION, according to the nap or plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Pine11as County, Florida. PARCEL #15/29/15/20286/00 GROSS TAX AMOUNT $207. COMMITMENT PREPARED BY: Sherry Reader IV-12 - . J I ~,' -. -, . , '.' '.' '!. -. :::. ". commitment for title . Insurance