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RUBY MAE AND JAMES SULLIVAN " '",' .. ~ J!'. J I CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~ FROM: copms: SUBJECT: Purchase of Lot 11, Janie Daniels Subdivision, from Ruby Mae Sullivan DATE: April 14, 1987 Enclosed for your files is the original of an owner's title insurance policy from Stewart Title Guaranty Company, Police No. 0-9922-62461, showing the City of Clearwater as the owner of Lot 11, Janie Daniels Subdivision, as of April 14, 1987. Also enclosed is a copy of the settlement statement for this transaction. The deed is being recorded by Stewart Title; a photocopy of the deed is enclosed for your files. MAG:jmp Enclosures ;RECEI'7r: . 15 19m CITY: CLEnK ALt'A Owner:~ Policy - Form B - 1970 (Rev. 10,17,70 and 10-17-84) ~. .!!. I POLICY OF TITLE INSURANCE ISSUED BY 87030088 ,., A \~ T STEWART TITLE GU ARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, 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, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. ~~ #r~ &UARANTY COMPANY wAadl%~ t I t f t t f ~ t t t STEWART TITLE Chairman of the Board Cou ntersigned: EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat- ing 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien, or encumbrance re, suiting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of fed. eral, state or local environmental protection, zoning, building, health or public safetY authorities. 2. Rights of eminent domain 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; (e) 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. -,+-- --to::- --+-- ____ ___ ___ ~ ......... Page 1 of 0 9922 Policy . . Serial No. 62461 ~~~-----~..,...... ALTA OWNER'S POLICY - Amended 10/17170 . ---- -" . . ~ I I SCHEDULE A O~~N~: 87030088 Policy No,: 0- 9902- 62461 Date of Policy: April 14, 1987 Amount of insurance: $ 37 , 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: CITY OF CLEARWATER 4, The land referred to in this policy is described as follows: Lot 11, JANIE DANIELS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of PINELLAS County, Florida. 0012 50M 4-86 Page 2 STEWART TITLE GUARANTY COMPANY Order No. 8 ~_o. ~ 0 088 ALTA OWNER'S POLICY. Amended 10/17/70 . ~ 1 I SCHEDULE B Policy No.: 0-9901-62461 delete This policy does not insure against loss or damage by reason of the following: 1.~ ~~ 2. Easements, or claims of easements, not shown by the public records. 3.E~ ~ 4. ~~X<< . ~ MM~~ delete delete xxxxxxxx ~~~~~X ~ 5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any titles or rights asserted by anyone incll}ding but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 7. Taxes for the year 19 87 and thereafter. 8. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 9. Subject to water, sewer, or garbage removal service charges, if any, due and payable to a municipal authority. 10. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 11. Title to any furniture, furnishings, fixtures, or chattels or personal property located in, to or upon the land described in Schedule "A" hereof. Title to mobile homes is neither guaranteed nor insured under the terms of this policy. STEWART TITLE 2113 (Rev. 3/80) Page 3 GUARANTY COMPANY .. ..... .. ... IcONDITIONS AND STIPULATIONS Continuecl (continued and concluded from reverse side of Policytace) -., 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 accord- ance 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 hereu nder, by I itigation or otherwise, removes such defect, lien or encumbrance or establishes the title as insured within a reasonable time after receipt of such ~otice; (b) i~ the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, 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 Com. pany. 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 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 Valid Only If Schedules A and B are Attached. 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 SETTLE- MENT 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 Company, 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 involv ing such rights or remedies. I f the payment does not cover the loss of such insu red 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 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 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 val idating 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 it at its main office, P, 0, Box 2029, Houston, Texas 77252, 14. The premium specified in Schedule A is the entire. charge for acceptance of risk, It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued. STEWART TITLE GUARANTY COMPANY r , , STEWART TI'l'lLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY " ~ ~ -- -- -- -+-. -- \~\ STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 \~ r.1. ~ ,-\ POLICY OF TITLE INSURANCE .~ " I I Sanctity 0/ Contract STEWART TITLE RONALD (Ron) E. SOMERS President BONNIE J. MUELLER Pasco Manager 1290 Court Street P.O. Box 2756 Clearwater, Florida 33517 (813) 441-2689 1224 South Boulevard New Port Richey. Florida 33552 (813) 848-8577 APRIL 24, 1987 CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER , FLORIDA 33518-4748 Please include our file No. on all Correspondence: REi OUR FILE # 87030088 Dear SIR, Enclosed please find the following documents in connection with the above mentioned property: ( ) ( ) ( ) ( ) (X) ( ) Title Binder Mortgage Title Insurance Policy Original Mortgage Owners Title Insurance Policy Original Warranty Deed Check # $ (X) Other ,-- SURVEY Please be sure to keep these documents in a safe place for future reference or possible transaction. The opportunity to be of service to you is always appreciated. If we can be of any further assistance to you, Please do not hesitate to contact our office. Very truly yours, STEWART TITLE COMPANY OF CLEARWATER, INC. /~I?/~ 87030088 (?) WARRANTY DI!ED I INDIVID. TO INDIVID 87092542 I RAMCO FORM 01 This ~arranty lltl?d ]\fade the 14th day of April O. R. 6 4 7 0 PAGE A D. 19 87 RUBY MAE SUIJ..IVAN, widow and surviving spouse of JAMES SUIJ..IVAN, deceased hereinafter called tTw grantor, to CITY OF CLEARWATER whose postoffice address is P 0 4748 . . BOX , CLEARWATER, FL. hereirl(lfter called the grantee: 33518-4748 (\Vherever ll'ied herein the terms ;''{rantor'' and "grantee" include all the parties to this instrument and the heirs. le.~al reprcsentati\"c:-. and a:-.si~ns of individuals. and the successors and assigns of corporations) ~itntssdh: Tlwt t{H1 grantor, for and in consideration of the sum of $ 10.00 and other valuahle considerations, receipt, wTwreof is Iwrel)y acknou,ledned, hereby grants, hargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee. all that certain land situate in Pinellas County, Florida, viz: Lot 11, 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. '5: ,,-f.Hj DOCum~nt~ T-,.. Pc~> / ",._. -, .c.... " ~_ _/ ~ . "t.. ...." -.nr-ei'....""........T.11::.... ,.~','" ..,..,.....,. '. 0" fr.tanglble Tu PC:, )...i,eO'n j' Dc ,., I "( '414" './ "::er, ... ark, Pinellas Count' ~ ,- '$Ij',*,.. , ._,............ , D..,. 'I'" "I ' ,... . ','.. ~}. ..... '. :~. 15 15883877 40 40 41 TOTAL 1. 14~L87 5.00 185.00 190.00 HK logtthtf with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. 10 Jlaut and to Jlold, the same in fee simple forever. t) \if -I) ",:". 'V,/ / /....1, \ ,. \ . Bnd t/te grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor herehy fully warrants the title to said land and will defend the same against the lawful claims of all.. persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 86, and easements and restrictions imposed of record,.if any; this reference to said easements and restrictions shall not operate to reimpose the same. In ~ilntss ~htrl?of, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: ~~...................... /R!l~~~~~"..j;~-4~~(D .,..'""""",.",-,..'""""",.".,'."',.,',..,.."..".."""..",."",.. STATE OF FLORIDA COUNTY OF PINEILAS SPACE BelOW FOR RECORDERS USE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally app(.ared RUBY MAE SULLIVAN, widow and surviving spouse of JAMES SULLIVAN, deceased. - ..c.. ~:'C:t',':"._",_ ,t~ki~',.,,:~~<:,,: .. .re' "t ;:~.:~~-,:'. -, ~-' . ,t.... '''~_''"- -' :.' ...- ~~. ;;~ :~~rt.f,."'.".' f~':' ,;.~,Il. :" ":, .~.,~.~'~~ 1> '~'Tt. "'l..".,. ,,' :z=- -ell :::0 to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 14 th day of /~p~:7 -~ 4U Q't 31 .. CJ::) -.J //-:; -Yt) V MY COMMISSION EXPIRES: ~:, ,~, ~: ,:~.- ~~ -1-"";' This Ins/rull/en! prepared by: MIKELL L. ST. GERMAIN t STEWART TITLE COMPANY OF CLEARWATER, INC. ,J'," ~~1290 COURT STREET, CLEARWATER, FL. 33516 . 'J2" // t/ (3-'/1._0 ,g -05 (I \) ~Q ; \(1 \ . ~ ':-'I ' \<' ,t..,Addn:\J .(1,:,' .or....,.. .., __00- PREPARED FOR:,' ~/TY.::?~ ~4"~/A=='~.A"'7E~ EC. e. 1WP~~RGE.~ f7~A""#~..T /'/TLE ~ CL~""~AP"~/E....? l , g:O('P~r) .$"1-1- ('#,tlQs.) f ~ ~ ~ ~ ~ ~ ~ ~ \ ';\ ~ I ~, ~ ~ ~ \~^. F~ .L: 30 ?l /~/a/.;:>~..<./ /...7,,7';;-~ '/,.q-q/). l,t4~1. jI $:d' L ,.P~J t I ,If b~.!' ') I (",p4'.o': , . ~t /.;r~ -/~" ~.::r.:?'4!;J q ,." A L/ "'/ I ~ ~ ~ ~ ~ " ~ ~ ~ ~ ~ ~ / /1 /v I P10 l' ~ fl~' 0', ~~.&.7G O'~ ~'" l.-. _ . J~.!' /,4 ~ "i .,J ,'t'-t,r, , r, ~ 1PJ ~Alt''''' ~ 7' ~ 1 f ~ J ~ i7 ~ I~,,'\ I J . p~ , ..~ \\~ \\ '~ .~ -t.., ~ v' ....., ~.,- .' :;:I-"...~. l,~ f/J' ~7G' )6,~, . ~" , ~ ~ ~ \' ~ ,~ ~ ~ ~ I/) / t, /~ /.... ;tl Ili!/I" I, '"'" ~ ! \ ~ , ~. ~ ~ ~ ~~ t, ~ ~ ~ ~ ~ . ~ ,I I~A lOb --"b~ 'J tI ,it 'I /.5 AA ,p4"~' iJ" ~~ iiW>-: ~ ~ ,'\. ~ ~.. ~ ~-\ ~ /5' / '" ,,'/';) ,~,/~ -'A/oR A:'___ (~"'~) ~/IA'/".v) /~7. 8!i '('/ne.,s.) /~4-.93 A SURVEY OF L"t::?7/.0 .//".v/E ~'/A.//EL'f "...:;:1"V"8?7/J-'l".5/~A./ ~ RECORDED IN PLAT BOOK ~ , PAGE /5 , OF THE PUBLIC RECORDS OF PINELlAS COUNTY, FLORIDA ".~.A?d?( ~,,</~ C' ~E~ ~/7'"r ~~.;~.A="/;e/....,?"/~....:? ~/~~A/~L' V'//5 ~V'~4';) I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE, DATE: ..?=.~d7 EVANS LAND SURVEYING 1780 MAIN STREET - UNIT D OW DUNEDIN, FLORIDA 33528 PH: 734 - 3821 N. BY: .../0::' ~ INY, NO. dI',,;?-,J.s:t,4, 6'?7~~L7.4~ Y f~...4~y /;7E/~ 87030088 WAR-RANTY DEED INOlVID. TO INO~IVID I This ~arranly Btrd I RAMCO FORM 01 Made the 14th day of April A. D. 19 87 by RUBY MAE SULLIVAN, widow and surviving spouse of JAMES SULLIVAN, deceased hereinafter called the grantor. to CITY OF CLF.AIMATER whose postoflice address is IH'reinafter called the grantee: (Wherever uwd hf'n~jn Ihr terms "!(ranlor" and uKranlreu include all .he' partin 10 this instrument and the hein, ICJ(aI rep.-r\enlativf') and &Miltnl of individuals, and .he luccnwn and &niSOl of corporations) 1l1iJilntsselh: Tllat t/u' grantor, for and in consideration of the sum of $ 10.00 and other valuahle considerations, recL'ipt whereof is hpreby aclmowl('(lgpd, h('reby granls, bargains. sells. aliens. re- mises. releases, conveys and confirms unto the grantee, all thaI certain land situale in Pinellas Counly, Florida, viz:: P.O. BOX 4748, ~TER, FL. 33518-4748 Lot 11, JANIE DANIEIS SUBDIVISIOO, according to the map or plat thereof as recorded in Plat Book 5, page 23 of the Public Records of Pine 11 as COl.mty, Florida. 4~'~.'-h \ Q b''.Y. ~ logelhtr with all the tenements. hereditament. and appurtenance. thereto belonging or in any- wise appertaining. I 0 I~aut and to }{old, the same in fee .imple forever. Ilnd Ihe grantor hereby covenant. with .aid grantee Ihal the granlor is lawfully seized of said land in fee simple; Ihat the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent 10 December 11. 19 86, and easements and restrictions imposed of record,. if any; this reference to said easements and restrictions shall not operate to reimpose the same. In Uilntss lttfhtreof, the said granlor has signed and sealed these presents the day and year first above written, ~R~~~""~~Cht. .........,.,.,...._......,.......,......,............,......,...,.................. SPACE 'ELOW fOR RECORDERS USE STATE OF FLORIDA COUNTY OF PINELLAS ~ to m~ known to be the pt:rson described in and who ex~cut~d the foregoing instrument and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last afor~said this 14th day of /~d~:.~.mm , , \\ \",' ~!. I,." ii", ,.,.",,( '" r r. s ~,.,<: .' r., ',...... I,. ~.:. .. .~..... .. \. ..... ., f ~ .'OO '-.' .. ", (.4, ;, ... _ .. :....> . 110 _ : -;: /-..." ,. .....'. ~ ',-, .... ~ ....: ,. e' -...J ::-: ~ ; ~ ~ '~"v'-. .: · ' : -; -z. '.: . '- '. . ... ~ ", 0 ". . ,,'J ,: ,,' t.. ~ .", I" "',.' ,.,... t.) - ., '" I' .f \. " -'. '. .. -, ;" \. \,'\' .., . I r ' , ..:~. \' \.. \. \\\.. I HEREBY CERTIFY that on this day, before me, an offic~r duly authoriz~d in the State aforesaid and in the County afor~said to tak~ acknowledgments, personally app~ared RUBY MAE SULLIVAN, widow and surviving spouse of JAMES SULLIVAN, deceased. //- :> - YO .; MY ca.MISSIOO EXPIRES: This lm/rumenl prrpared by: MIKEI:L L. ST. GERMAIN \ SThWART TITLE COOPANY OF CLEARWATER, INC. Add." .>>- ~~90 COURI' STREET, CLEARWATER, FL. 33516 !) I ~ "', I I ... MIS A. (Exp. 12-3Uli) OMB No. 2502~ U.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN: 1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNIN5. 4. 0 VA 5. 0 CONV. INS. 6. FILE NUMBER 7. LOAN NUMBER 87030088 8. MORTG. INS. CASE NO. C. NOTE: SETTLEMENT STATEMENT This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.r were paid outside the closing: they are shown here for informational purposes and are not included in the totals. I D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER I I CITY OF CL.EAIW\'.EER RUBY MAE SULLIVAN N/A I G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE: Im 11, JANIE DANIELS SUBDIVISI :N STEWART TITLE COMPANY OF CLEARWATER, INC. APRIL 14, 1987 I PLACE OF SETTLEMENT 104th DAY OF YEAR I a/k/a 1151 PIERCE STREET 1290 COURT STREET, CLEARWATER, FL. 33516 CLEARWATER, FL. I I J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION , : 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: i I 101. Contract sales price 37.000.00 401. Contract sales price 37.000.00 I 102. Personal property 402. Personal property i 103. Settlement charges to borrow (ljrJII '400) 440.00 403. I 104. 404. I 105. 405. I I Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: I 106. Cilyllown taxes to 406. City 1I0wn taxes to ! 107. County taxes to 407. County taxes 10 i 108. Assessments to 408. Assessments to I 1l19. 409. ! 110 410 i 111. 411. i 112. 412. I 120. GROSS AMOUNT DUE FROM BORROWER: 37.440.00 420. GROSS AMOUNT DUE TO SELLER: 37.000.00 200. AMOUNTS PAlO BY DR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202, Principal amount 01 new loan(sl 502. Settlement charges to seller (line 1400) 40.00 , 203. Existing loan(s) taken subject ID 503. Existing loan(s) taken subject to 120( 504. Payoff ollirst mortgage loan M)L~ . "T T T.'U 10,117.24 ja 505. Payoff 01 second mortgage loanw TT.~ l!.M<;;;: i 206. 506. i MI. 507. 1201. 508. I 209. 509. . Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City 1I0wn taxes to 510. Cityllown taxes to . 211. County taxes 1/1/87 to 4/14/8., 0.00 511. County taxes 1/1/87 to 4/14/87 0.00 212. Assessments to 512. Assessments 10 i 21:: 513. 214. 514 : 215. 515. 211- 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER: " 520. TOTAL REDUCTION AMOUNT DUE SELLER: 10,157.24 300. CASH AT SETTLMEIIT FRDMlTD BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: I 301. Gross amount due from borrower (line 120) 37.440.00 601. Gross amount due to seller (line 420) 37,000.00 , 302. Less amounts paid by lIar borrower (line 220) 0 602. Less total reductions in amount due seller (line 520) 10,157.24 Jll3 CASH 10 FRDM))(OO)fD{BDRROWER: 37,440.00 603. CASH 10 TO) ~ SELLER: 26,842.76 I CASHIERS CHOCK OOLY HUD-1 (Rh 3-l RESPA, H6 c.305 " f liS LOJ PAGE 2 OF OMS No 2502'{), . - -~--. ~ SETulMENT ~ . PAID FROM PAID FROM .. L CHARGES BORROWER'S SELLER'S , FUNDS FUNDI 700. TOTAL SALES/BROKER'S COMMlSSIDII BIIIlI.. prIc:e, @ %= AT SETTLEMEIIT AT SETTLE.ElT Division 01 commission (JiM 700) as lollows: 701.$ III 7112. $ III 703. Commission paid at settlement 704. llOO.ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origi~tion I.. .. 102. Loan DiSCOUlll .. 103 Appraisal F.. 10 804. Credil RellOrt 10 805. Lender's inspeclion I.. 801i. Mortgage Insurance applicalion I.. 10 801. Assumplion F.. a. 809. 810- 811. !KXl.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 90Unterest Irom 10 @s Iday 902. Mortgage insurance premium lor mo. 10 903. Hazard insurance premium lor yrs. to 904. yrs.1o 905. IllOO.RESERVES DEPOSITED WITH LENDER 10CI1. Hazard insurance mo.@S ; . . ,. . '. per mo. . , ,. " , 1002. Mortgage insurance mo.@S per mo. ,,; .. ::;~-: ".-- ':.~/~~ .';.";'. 1003. City property taxes mo.@S per mo. :..:-.:'~:,-: '. . .-".~:)~~"', f-~::':-~"';'~; 1004. County property laxes mo.@$ per mo. ~ ,~:-",>~~\...~'.:~-:r/.~ .~::," ';.~~:.::.;..i~' 1005. Annual assessments (Mainl.) mo.@S per mo. '.:, '~~<1.-:.':-:;~ '~7 :,>\~~_::~o;"A~'.}} 1006. mo.@$ per mo. ...-!# "~:~".~'.'. .-' /<l'~ <:;~-~:~-~j"'~:~ 1001. mo.@S per.mo. " ...~:.r.,'-.. './--:.',~,~,;'"' 1008. mo.@S per mo. :,:' ',..!,f':;, :).!k "'"!~'.'" ;.: ,';L\' ~::i_~,..'t>~.;}'>i'~'f '.:~-;... 1100, TITlE CHARGES: 1101. Settlement or closing '" to 1102. Abstract or tille search 10 1103. Tille elaminalion to I 1104. Title insurance binder to 1105. Documenl preparation to f 1106. Notary lees to i 1101. Attorney's lees to 10 I (includes above items No... ; if "", - ,. ,,', '.: ,.~ .>.-;<..:.~'~, i 1108, Tille insurance 10 STE.WART TITLE CCMPANY OF CLEARWATER. INC ?t;n,nn , I (Includes above items No... 'r., ..... ~ ,; ,. , ." , - , 1109. Lender's coverage $ :;.':" ,oi ,. , ,. , . . '.' . ~ ,~ -' , !".,.'. 1110. Owner's co.erage S 37,000.00 ,.;~.,:..~;... . , : ,..;' :'~''-: . ,-,,' . ! '.'< .~ .". '.", ;; .~' .'. .' ..~'~.., . <:, I lilt I 1112. I 1113 I I 1201. RecordIng lees: Deed $ , 1202. Cily/county lal/slamps: Deed S I 1203. Stale Iax/slamps: Deed $ 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES 5.00 185.00 Mortgage S Mortgage S Mortgage $ Releases $ 5.00 1204 1205. 185.00 25.00 5.00 lJl1O.ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302. Pest inspection 1303. I 1304. i 1305, 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, 10 10 5.00 40 00 and IleIMlI,IIIs. true and .CCU~ slalemen1 01 aU receipts and di'bu~"l1lenta madl onmy ~ or by me in thi'lransaclion.l 'urIller cerllfy ,.(.... (4 ~/')/11 (( ~ .~ ..II a./ () '71 RUBY M.~ SULLIVAN Sellin 0' lIlis Iransaction./ have caused or will caUlO the lund.1O Ile disbursed In accordanca wl1ll thi. stat.ment ~ APRIL 14,1987 Stnlemenl A,gont Dall auK'S ANU/OR PURCHASER'SITATEMENT Seller's and Purc/lase(. signat.... har.on acknowledglS hi.llheir approval 01 tax proralions and .igni"..lhoir und.rstanding that prorations wore baSldon taus 'or the preced"'g yaar. orlSlimata Cf me cuoranl yut. and in the .ven1 01 any d1a"lllllwthe cunent yut. aD nocassary adjustments mustlle madllle"_ Seller and Purdlaser: lik,wlSl any d.taull in delinquent taxes wiU be r.imburSld ,10 Tille Company br,th. Sellor. Trtle Company. .. rts capacrtr" Escrow Ag.nt. is and has beon aulhorizld to deposit aIllunds II r__in thIS transaction in any tinancial inslilu1lon. wh.lh.r allillatocl or nolo SucIl ',nancia' instilutlon may provide Til. Company com~ :eounling and audl1 Slrvices dlrlclly orlhrough a Slparatunl,ty which. it allil'atld with T'lleCompany, mar d1arg.the ',nane..1 insl~utlOn reasonable and proper compensalion lhIIolor. and r,'ain any profils lhorotrom. Any ..crow I... paid by any i 'ly ",valved ,n lhislransaclion lhall only be lor dIocIIwrollng and Input to the compulers. bul not 'or alor..aJd auoun1ing and auditsorvices Trtle Company shall nol be Iiabl. lor any intor.sl or other charges on the .arnosl mon.y and sholllleund.r no .If 10 in...t or r.In.esl lunds h.1d by II al any lime. SeDor Purchaser. horo acknowledge and consenllO the d1posll ollhe OStrow money in financiall"slilulions with which Tille Company has or mar ha.. other banking rolallonships and turtlw '.>lnllo tho 1.I.nlJon by TllI.Companr and r lIS alfilj . 01 any II (including advantageous intero.. ralos on loan.) Till. Company andlor lIS alllllll.s may recei..lrom.ueIl ',nancial inaltlutionl by reason ollhoir mainllnanceol said :rOW'lccounts. ,..., V " .', ' ~>o parti.s h... rlld th. abo. , and recognize Till. Comp~elYing In th. sa,m~ . ( r .~ j "(I I (,.1 .hasors/Borlc"" Sell... (( (. 1 I 11, ./ /. \, to I \ .. utn: . fv'lllli Su LL I V Al'J . ,'~g: It is. cr,~' 10 knO,"IfIgly makolals. .,atom,nls 10 I~o Un;l,j Sla~" on 1~ls or any othor s,m,l.. form. Penalli.. upon con.icl'on can includ. a ''"' and imprisonm,nl For delal!s"" Tillo IS, U.S. Code Seclion 1001 .,,~ SecLon 1010. . '-1 "! - . ,CONTRACT FOR SALE AND PURCHA~ Pi\RTIES: Rubv Mae Sullivan. . of 1151 Pierce Street. Clearwater. Florida and City of Clearwater, Florida of P.O. Box 4748. Clearwater. Florida 33518 (Phone hereby egree thet the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions WHICH Reel Estate Transectlons on the reverse hereof or attached hereto, hereinaher referred to es "Stend.rd(s)". - ..oiIi BAR/FAR Form No.2 ,.s "Selle,", 33515 (Phone 443-1434 I, I, INCLUDE tha Sundards For . 8S "Buver", 462-6638 I. DESCRIPTION: la) Legal description of real estate located In Pinellas County, Florida: lot Eleven, 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 (c) Personal prop.rty included: Non e 1151 Pierce Street. Clearwater. Florida II. PURCHASE PRICE: . . . . . . . . . . , . . . , , . , , , , , , . , . . , . . . . , . . . , . . . . . . . . , . . , . . . . , . . , .$ PAYMENT: (e) Deposit(s) to be held in escrow by 37,000.00 in the amount of. . . . ,$ N/A (b) Subject to AND .ssumptlon of Mortgage In fevor of bearing Interest at % per Bnnum and payablEl 85 to principal and' per month. having an epproximete present principal balance 01. . ., $ TOTAL .$ $ .$ .$ N/A N/A N/A 37,000.00 37,000.00 interest $ (c) Purchase money mortgage and note bearing interest at principe I amount of . . . . . .. . . . . . . . . . . . . . . % on terms set forth herein below, In the (d) (e) Other Balance to close. (U.S. cash, certified or cashier's check) subject to adjustments snd prorations. III. FINANCING: If the purchase price or any part thereof Is to be financed by a third party loan, this Contrect for Sele and Purchese, herelnaher relerred to as "Contract", Is conditioned upon the Buyer obtaining. firm commitment for s.fd loan within days from data hereof. at an Interest rille not to eKc.ed %; term 01 _yeers; and In the principal emount of $ . Buyer agrees to maka application for, and to usa ra..onable dill. gence to obteln seid loen. Should Buyer lall to obtain same, or to waive Buyer's rights hereunder within seid time, either party may cancel Contrect. IV. TITLE EV IDENCE: Within 20 days from date of Contract, Seller shall, at his expense, deliver to Buyer or his attorney, in eccordance with Standerd A. either (CHECK) 0 (1) or ~(2): (1) abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid bV Seller at clo.lng. V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this off~r is not executed by both of the parties hereto on or before March 23. 1987 . the aloresald deposit(s) shall be. at the option of Buyer, returned to him end this offer shall thereaher be null and void. The dale 01 Contract shall be the date when the last one of the Seller and Buyer ha. signed this ofter. , befi VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on ~ or&15Jdayof April 19 87. , unless extended by other provisions of Contract, VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall teke title subject to: Zoning, restrictions, prohibilions and other requirements Imposed by governmental authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utilitV easemenU of record. (provided said easements are located contiguous throughout the property IInel end ere not more then 10 feet In w1dth 8S to the reer or front lines and 7~ feet In width 8. to the side line:s, unless otherwise specified herein); Taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages. If any: None other: provided. however, that none of the foregoing shall prevent use of the property for the purpose of Commerc i al Use_ VIII. OCCUPANCY: Seller represents thet there ere no parties in occupancy other than Seller, but if property is intended to be renled or occupied beyond closing, the fact and terms theraof shall be steted herein, end the tenent(s) shell be disclosed pursuent to Standard G. Seller egrees to deliver occupancy 01 proparty at time c(closing unless otherwise specified below. If occupancy is to be delivered prior to closing. Buyer .assumes all risk of toss to property from date of occu" .pancy, shell be responsible and liable for maintenance thereof from said date, and shall be deemed to heve accepted the property, reel, and personal, In Its exi5ting condition as of time of tak Ing occupancy unless otherwise noted in writing. IX. ASSIGNABILITY: (CHECK ONE) Buyer Dmay assign ~ may not assign, Contrect. X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or hendwritten.'provisions inserted herein or auached herelo as Addenda shall control all printed provisions in conflict therewith. XI. SPECIAL CLAUSES: See Attachment "A". THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. REALTORS AND THE FLORIDA BAR Countersi Approved as ; ;;.r~ ;a\,ol'YI;Y. '-0" UIIC.... ....y g .1I;;~'~.o;;....... , .V.,..."" ~"""'CY""". ..,........".. allY 1I;I'.,'-.....U...'I"'l:II~ VI, ~HIIU ..........,....c. ~'f VI ula~ IllllJ'U......,~t:II(~' 1n..i.t:=}JUt:U lU 1Jt: .U.~"I:"l un tne suoJec[ property In fact encroach on lands of others, or violate any of the Contract covenants, the same shall be treated as a titrEt-defcc~:-A(lY. $1,).r':l~.Y. preJ!.~ in connection with or as a consequence of this tra"nsaction rnay include a description of the-propert'y under the Florida Coordinate ~s~ln as tlj.J'kled in Chaptcr:t'r7. ~Iorida Statutos. E. TERMITES: The 8uyer, within time allowed for delivery of evidence of title and examination thereof, ~r no I~;'than 10 (fays ar;;;::l~ closing, whichever date occurs last, may have the jrnprovernents inspected at Buyer's expense by a Certified Pest Control Operator~to decenujJ1e ,wliether ttl-erels any visible active termite Infestation or visible existing uarllilgc from tennite infestation in the itnprovements. If Buyer is informeti :0 f-eithe<:.iU))O'(h of the fQ.....r.c.5.l..oing. Buyer will have 4 days from date of written notice thereof or 2 days after selection or a conrractor, whichever occurs first. wittfin-.whtc~-'tJ,)have all dali~esr\whether visible or not. In- spected and estimated by a licensed building or {Jenerill contractor. Seller shall pay valid costs of treatment-a'i-Kl repair of all dn.nlJ"gc Oil [0 1 YJ% of Purchase Price. Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 a..YLarter"'l1~eipt oLcbJ1(ri",to,'s repa" estimate by giving written notice to Seller. or Buyer may elect to proceed with the transaction. in which event Buyer shalr""!.ecl;:.Ive'a cr-eojfa.1 C'Tosi"g,of an anlount equal to 1~% of said Purchase Price. "Termite" sl1all be deemed to include all wood destroying insects. - F. ING RESS AND EG.RESS: 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, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such letters from each tenant. the same information shall be furnished by Seller to Buyer within said tim.. periOd in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such Information. Seller shall deliver and assign all original leases to Buyer at closing, H. LI ENS: Seller shall, both as to the realty and personalty being sold hereunder, furnish to Buyer at time of closing an affidavit altesting to the absence unless otherwise provided for herein. of any financing statements. claims of lien or potentiallienors known to Seller and further attesting thAt there have been no improve- ments to the property for 90 days immediately preceding date of closing, I f the property has been improved within said time. Seller shall deliver releases or waivers of all mechanic's liens, execu ted by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of all such generel contractors, subcontractors, suppliers and meterialmen and further reciting that in fact all bills for work to the subject property which could serve as a basis for a mechanic's lien have been paid or will be paid at closing. I. PLACE OF CLOSING: Closing shall be held In county wherein propertY is located, at the office of attorney or other closing agent designated by Seller. J. TIME: Time Is of the essence of this Contract. Any reference herein to time periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun- days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal ho(iday shall extend to 5:00 p.m, of the next full business day. K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be required in connection with perfecting the title. Buyer shall furnish closing statement, mortgage, mortgage note, and financing statements. . L. EXPENSES: State surtax and documentary stamps which are required to be affixed to the instrument of conveyance, intangible tax on and reCOrding of pur- chase money mortgage to Seller. and cost of recording any corrective instr.u,ments shall be paid by Seller, Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage. cost of recording the deed and financing statements shall be paid by Buyer, . M. PRORATION OF TAX ES (R EAL AND .PE RSONAL): Taxes shall be prorated besed on the current year's tax with due allowance mede for maximum allowable discount and homestead or other exemptions If allowed for said yeer. If closing occurs at a date when the current year's millage is not fixed, and current yasr's aSSdssment Is aveilable, taxes will be prorated based upon such assessment, and the prior year's millage, If current year's assessment is not available, then taxes will .Je prorated on the prior year's tax; provided, however, if there are completed improvements on the propertY by January 1st of year of closing, which Improvements 'Nere nOt in existence 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 agreed upon' between the parties. failing which, request will be made to the County Property Appraiser for an informal assessment tak ing 'into consideration homestead l))(emption, if any. However. any tax 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 effect Is set forth in the closing statement, !'J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and nOt as of date of Contrect! are to be peid I; , Seller, Pending liens as of date of closing shall be assumed by Buyer, provided, however, that where the improvement has been substantially completed as of the "ate 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 estimate by the public body, of the assessment for the improvement. . J. PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major applianc.~s, heating, cooling, electricel, plumbing systems. and machinery are In ,<larking condition as of 6 days prior to closing. Buyer may. at his expense. have inspections made of said items by licensed persons dealing in the repair and main. :enance thereof, end 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 reports failures within said period, he shall be deemed to have waived Selier's warranty as to failures not repOrted. Valid reported failures shell be corrected at Seller's cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection upon reasonable noti.ce. p. RISK OF LOSS: If the improvements are damaged by fire or other casualty prior to closing, ,and costs of restoring same does not exceed 3% of the Assessed Veluetlon of the improvements so damaged, cost .of restoration shall be an obligation of the Seller and closing shall proceed pursuent to the terms 01 Contrect With cost therefor escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the assessed valuation of the i~provements so damaged. Buver shall have the option of either taking the property as is, together with either the s,aid 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and raceiving return of deposit(s) made hereunder. a. MAINTENANCE: Notwithstanding provisions of Standard 0, between Contract date and closing date, personal property referred to in Standard 0 end real property, Including lawn, Shrubbery and pool, if any, shall be meintainedby Seller in conditions they existed as of Contrect date, ordinary wear and tear excepted. R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense, to show title In Buyer, wilhout any encumbrances or change which would render Seller's title unmarketable, Irom the date of the last e"ld~nce end the cash pro- ceeds of sale shall be held In escrow by Soller's. attorney or by such other eScrow agent as may be mutually egreed upon for a periOd of not longer than 5 deys from and atter closing date. If Seller's title is rendered unmerketable, Buyer shall within seld 5 day pariod, notify Seller In writing of the defect and Seller shell have 30 days from date of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect, all manias paid hereunder shall, upon written demand therofor and within 5 days theroafter, be returned to Buyer and, shnultaneously with such ropayment, Buyer shall vacate the premises and recon. vey tna property In question to the Sellar by special werranty deed. In the event Buyer fails to make timely demand lor refund. he shall teke tille es is, weivlng all rights agolnst Seller as to such Intervoning dnfect except as may be available to Buyer by virtue of warranties. It any. contained in deed. In the event a portion of the purchase price Is to bo derived from institu,ional financing orre.flnanclng, the requirements of tho lending institution as to place"lme and procedures for closino, and for disbursement of morlgage proceeds, shall control, anything In this Contract to the contrary notwllhstanding. Provided. however, that the Seller shell have the right to require from such lending institution at closing a commitment that It will not withhold disbur~ement of mortgage proceeds as a result of eny title defect attributable to Buyer. mortgagor. S. ESCROW: Any escrow agent rcceivin!] funds is authorized and agrees by acceptance thereof to promptly deposit and to hold saIne in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to his duties or liabilities 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 egree to the disbursement thereof, or until e judgment of a court of compelent Jurisdiction shall determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with lhe Clerk of the Circuit Court of the County having jurisdiction of the dispute. and upon notifying all parties concerned of such action, all liability on the part of the uscrow agent shall fully terminate. e)(cept to the extent of accounting for any nlonies theretofore delivered out of escrow. If a licensed real estate broker. the escrowee will cOfnply with provisions of Section 475.25 (1) (c), F.S., as aonendp.d. 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 Itgent hereunder, or In tha event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover a reesonable attorney's fee and costs incurred, said feas and costs 10 be charged and assessed as court costs In favor of the prevailing 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 shell be due to willful breech of ,his Contract or gross negligence on the part of the escrow agent. T. ATTORNEY FEES AND COSTS: In connection with eny litigation includillg appellate proceedings arising out of lhls COlllract, the prevailing perty shall be entitled to reCOver reasonable attorney's fees and costs, U. DE F A U L T: I f Buyer fails to perform this Contract within the time specified, the deposit( s) paid by the Buyer aforesaid may be retained by or for the account of Seller eS IIquldeted damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon all parties shall be relieved of ell obligations under tha Contract; or Seller, at his OPtion, may proceed at law Or in equity to enforce his legal rights under this Conlract. If, for eny reeSon other then failura of Seller to render his title rnarketable efter diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific per- for,nancs or elect to receive the return of his deposit(s) without thereby waiving any action for da,.nages resulting from Seller's breach. V. CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contrect nor any no,ice thereof shall he ",corded in any public racords. This Contrect shall bind and inure to the benefit of the parties hereto and their SUCcessors in Interest, Whenever the contexl permits, singular shall include plurel end ana gender shell include all. Notice given by or to the attorney for either party shall be as effective as if given by or to seid party. W. PRORATIONS AND INSURANCE: Ta.es, assessments, rent, Interest, Insurance end other expenses and revenue of said property shall be prorated ~s of date of closing. Buyer shall have the option of taking over any existing policies of Insurence on the property, if assumable. In which event premiums shell be prorated, The cash et closing shall be increased or decreascd as mey be required by said prorations. All references in Contract to prorations as 01 date of closing will be d8erned "date of occupancy" if occupancy occurs prior to closing. unless otherwise provided for herein. X. CONVEYANCE: Seller shall convey title to the aforesaid real property by statutory warranty deed subject only to matters contained In Paragraph VII hereof, Personal property shall, et the request of Buyer, be conveyed by an ebsolute bill of sala with warranty of title, subject to such lians as may ba otherwise provided for !1ereln. I J y, OTHER AGREEMENTS: No prior or present greemenu or representations shall be binding upo eny of the parties hereto unless Incorporated In thi5 Contrdct:-:-"'O modification or change in this Con ct shall be valid or binding upon the parties unless in riting, 8)(cclJted hy .the parties to be bound thereby. t