MARY NEAL AND ELLIE HUGH HEARD
WA:RANTY DEED I
FROM INDIVIDUAL TO CORPORATION.
86120028
RAMCO FORM 34
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410
This ltfljarranly Jeed Made the
MARY N. HEARD a/k/ a MARY NEAL HEARD, joined
hereinafter called the grantor, to
3tu' 0 ,2 4i}J~fJ
January A. D. 19 87 by
by her husband, ELLIE HUGH HEARD
THE CITY. OF CLEARWATER
a corporation existing under the laws of the State of
address at p (), 1..3 o'-K if? ~ J
hereinafter called the grantee:
Florida
, with its permanent postoffice
(lIt/v; LUtZ. ~f'./) 7/2 -:; .::-/0
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(Wh("Tever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
ltfljilnesseth: 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, re-
mises. releases. conveys and confirms unto the grantee, all that certain land situate in Pinellas
County, Florida, viz:
LOts 14-17, inclusive, 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.
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14 14872346 72
40
41
TOTAL
1. :3 JA87
5.00
350.00
355.00 CHK
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Togelher with all the tenements, hereditaments and appurtenances theretobelon9lih
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To Have and 10 Hold, the same in fee simple forever.
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Rnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said i.md; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent
to Deceml)er 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 ltfljilness ltfljhereof,
first above written.
Signed..!. sealed and delivered in, our presence:
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,'ATE. OF, FLORIDA, .~.~..~ .~.. .d'.- .'
COUNTY OF PINELLAS
the said grantor has hereunto set thehPnd and seal the day and year
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I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
MARY N. HEARD a/k/a MARY NEAL HEARD, joined by her husband, ELLIE HUGH HEARD
to me known to be the person S described in and who executed the foregoing instrument and they acknowledged
before me that the~xecuted the same.
WITNESS my hand and official seal in the County and State last aforesaid this 30th day of,
January
, A. D. 19 87.
QC
. This ImlrufllC1/1 prepared by: MIKElL L. ST. GERMAIN
,f:.: ;1 . .. STEWART TITLE CC>>1PANY OF CLEARWATER, INC.
't.,j \tl,1,.d~~~r)'SF~~- .. '/1290 COURT STREET, CLEARWATER, FL. 33516
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MY COMMISSION EXPI~S; 723.>;(~0jy
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AL TA Owner's Policy - ForfTl 6 - 1970 (Rev. 10-17-70 and 10-17-84)
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POLICY OF TITLE INSURANCE ISSUED BY
86120028
STEWART TITLE
GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVgFlAGE, 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 lalld;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.
STEWART TITLE
-b~ '"hr~
.Q.UARANTY COMPANY
Chairman of the Board
Cou ntersigned:
EXCLUSIONS FROM COVERAGE
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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 (al 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.
~ ~ ~ ~ - - - ~ -
Page 1 of 0 9922
Policy . .
Senal No.
62427
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1.
DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
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
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis,
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any publ ic records.
(d) "land": the land described, specifically or by
reference in Schedu Ie A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
I ines of the area specifically described or referred to in
Schedu Ie A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
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 not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insUfed 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 tc
institute and without undue delay prosecute any action 01
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such litigation to final determination 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 prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros'
ecuting 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
I n add ition to the notices requ ired under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insu red claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5.
OPTIONS TO
CLAIMS
SETTLE
PAY
OR
OTHERWISE
The Company shall have the option to payor otherwise
settle for or in the name of an insu red claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
q~title a! ,interest which is adverse tlthe title to the estate claimant and authorizel by the Company. .
(continued and concluded on last page of this policy)
ALTA OWNER'S POLICY -Amended 10/17/70
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SCHEDULE A
Order No.: 86120028
Policy No.: 0 - 9901 62427
Date of Policy:
January 30, 1987
Amount of Insurance: $ 70 000 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:
Lots 14-17 inclusive, JANIE DANIELS SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 5, Page 23 of the
Public Records of PINELLAS County, Florida.
Page 2
STEWART TITLE
GUARANTY COMPANY
2112
20M 6-65
Order No.
86120028
.>"_ALTA ~W.NER'S POLICY, Amended 10/"/70
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SCHEDULE B
Policy No.: 0-9901-62427
This policy does not insure against loss or damage by reason of the following:
delete\f'V' ~~ ~
2.
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4. ~~OOX~:xo::~m
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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;Jding 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 1987 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
,
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<l>NDITIONS AND STIPULATIONS Continued I
(contiRued and concluded from reverse side of Policy Flee)
..
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, I ien or encumbrance insu red against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals 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
involving such rights or remedies. If 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 requ ired 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. O. 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
requ ired to be shown in the state in which the policy is
issued.
STEWART TITLE
GU ARANTY COMPANY
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STE~~ART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNlZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
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POLICY
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Form Approved
OMB No. 63-Rl501
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. o FHA 2. o FMHA 3. o CONV. UNINS.
4. OVA 5. o CONV. INS.
6. FILE NUMBER 17. LOAN NUMBER
SH;'1 ?OO? Po
8. MORTG. INS. CASE NO.
SETTLEMENT STATEMENT
C. NOTE: 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.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER E. NAME OF SELLER F. NAME OF LENDER
City of Clearwater Mary N. Heard N/A
G. PROPERTY LOCATION H. SETTlEMENT AGENT I. SETTlEMENT DATE:
Lots 14-17 inclusive Stewart Title Company of Clearwater 30, 1987
Janie Daniels Subdivision Jan.
PLACE OF SETTlEMENT 30th day of year
1290 Court Street, Clearwater, FL 33517
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 7n nnn nn 401. Contract sales price 70 oon nn
102. Personal property 402. Personal property
103. Settlemenl charges 10 borrow (line 1400) 717 nn 403.
104. 404. .
105. 405.
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106. Cityllown taxes to 406. City lIown taxes to
107. County taxes to 1tJ7. County taxes to
108. Assessments to 408. Assessments to
109 to 409. to
110. to 410. to
111. to 411. to
112. to 412. to
120. GROSS AMOUNT DUE FROM BORROWER: 70,717.00 420. GROSS AMOUNT DUE TO SELLER: 70,000.00
200. AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: ,:\Qq,\/ 1 Q?Of, 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 6.n 00
203. Exisling loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff offirst mortgage loan 1 ~f' l4'",it nf T."Tan ~70. 81
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. City lIown taxes Lot 14~ 510. City/town taxes T.nf' 16..
211. County taxes 1/1/87 to 1/30/87 llqq 511. County taxes , I' / R 7 to , /':\oNn 11 QQ
212. Assessments to 512. Assessments to
213. Taxes Lot 15 1/1/87 to 1/30/87 nqq 513. Tax~!'l Lot l,) , I' IR7 to 1/':\0/R7 11 QQ
214. Taxes Lot 16&17 1/l/R7 to l/10N ,7 ')7 f.? 514. 'T',qy",~ T.nf' 1 f.&17 1/1/Po7 f'n l/':\nl ~7 '\7 f,')
215. to 515. to
216. to 516. to
217. to 517. to
218. to 518. to
219. to 519. to
220. TOTAL PAID BY/FOR BORROWER: Rl f.0 520. TOTAL REDUCTION AMOUNT DUE SELLER: ,:\Q') 6.1
300. CASH AT SETTlMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) 70. 71 7 00 801. Gross amQunt due to seller (line 420) 70 nnn nn
302. Less amounts paid by /for borrower (line 220) R 1 f.0 802. Less total reductions in amount due seller (line 520) ,:\Q') al
303. CASH I~ FROM) 10 TO) BORROWER: **70.635.40 803. CASH IIltI TO) 10 FROM) SELLER: 69.607.59
HUD-l (Rev. 5'7e)
*~/S Cashier's Check Made Payable to Stewar f Company of Clearwater
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PAGE 2 OF
OMB No. 2502-0285
L. SEnLEMENT CHARlES PAID FROM PAID FROM
BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALESIBROKER'S COMMISSION Baled on prlelS @ %= AT SETTLEMENT AT SETTLEMENT
Division of commission (line 100) as follows:
701.$ to
702.$ to
703. Commission paid at seUlement
704.
8OO.ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal Fee to
804. Credit Rellort to
805. Lender's inspection fee
806. Mortgage Insurance application fee to
807. Assumption Fee
808.
809.
810.
811.
9OO.ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE.
901. Interest from to @s /day
902. Mortgage insurance premium lor mo. to
903. Hazard insurance premium lor yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mO.@$ per mo. "
1002. Mortgage insurance mO.@$ per mo.
1003. City property taxes mo.@S per mo.
1004. County property taxes mO.@$ "
per mo~
1005. Annual assessments (Maint) mo.@S per mo.
1006. mO.@$ per mo. ,
1007. mo~ @$ per.mo.
1008. mo.@$ per mo.
~. ..
,,~
1100. TITLE CHARGES:
1101. SeUlement or closing lee to
1102. Abstract or tille search to
1103. Tille examination to
1104. Tille insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. AUorney's fees to to
(inc/udes above items No.:
1108. Tille insurance to Stewart Title nf rl
(inc/udes above items No.: ,
1109. Lender's coverage $ , ."
1
1110. Owner's coverage $ 70.000.00
"".
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed S 5.00 Mortgage S Releases S 10 00 r, nn In nn
1202. City/county tax/stamps: Deed S Mortgage S
1203. Slate tax/slamps: Deed $ 350.00 Mortgage S 1r,n nn
1204.
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303. Filinll 1099-B IRS 1r, nn
1304. City of Clearwater assessment search r, nn
1305.
1400. TOTAL SETTLEMENT CHARGES (entered on ftnes 103, sectIon J and 502, Section K) 717 nn I,n nn
CERTIFICATION
ta ment and to the best of my knowledoe and belief. It Is a true and accurate statement of all receipts and disbursements made on my account or by me in this
y U SeUlem t Statement.
ar
Sellers
t of this transaction. I have caused or will cause the funds to be disburse
~
/-031) -R7-
conviction can Include a fine and Imprisonment. For details see: Tltie 18: U.S. Code
I
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I
CONTRACT FOR SALE AND PUR11-tASE
._~
BAR/FAR ~or1"n No. :
PARTIES: Mary N. Heard
of 801 Moss Avenue, Clearwater, Florida
.nd City of Clearwater, Florida
of P.O. Box 4748. Clearwater. Florida 33518 (Ph"n"
hereby ogree thet 'he Seller .holl '011 end Buyer .h.1I buy the following property upon the lollowlng terms and condition. WHICH
noel Estate Transoctlons on tho reverse horeof or attllched hereto, hereinafter referrod to os "Stondard(s)",
, a. "Selle,"
33519
(Phon.
797-8117
, os "Buyer"
462-6638
INCLUDE the Standard. Fo
I.
DESCRIPTION:
(e) Legal descrip tion of real e.tate locoted In Pi nellas
lots 14, 15, 16 and 17 of the 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.
County, Florida
(b) Street addre.s. il any. of the property being conveyed is
(c) Personol property included:
1155 & 1157 Pierce Street, Clearwater, Florida
II.
PURCHASE PRICE: .. ......................................................:$
PAYMENT:
(e) Depo.It(.) to be held in escrow by
70,000.00
In the 8mount of. ; . . ,$
N/A
(b) Subject to AND assumption of Mongegn In fevor of
bearing interest at % per annUln and payable os to principal and
per month, having on approximate present principel belonce of. . .. $
Intero.t 1;
TOTAL
.$
$
.$
.$
N/A
N/A
N/A
70,000.00
70.000.00
(c)
Purchase money ",ortgage and note bearing interest at
prlncipel amount of . . . . . , . . . , . . , . . . . . . ,
% on terms set forth herein below, In the
(d)
(e)
Other
Balance to close. (U.S. cash. certified or cashlp.r's check) subject to adjustments and prorations
III. FINANCING: If the purchase price or any part thereof Is to be financed by 8 third party loan. this Contract for Sale and Purchase, hereinafter referred to 9S
"eontr.ot", II conditioned upon the 8uyor obtaining a firm commltmant for SAid lonn within days from date hereof, ot an interest rete not to ,exceed
"; term of _ yenrs; and In the prlnclpel amount of $ . Buyer ngree' to ;neke appllcetlon for, nnd to u's rGfJlonable dill.
gunce to obtain said loon. Should Buyer fall to obtain same. or to waive Buyer's rights hereunder within said time, either party Inay cancel Contract.
IV, TITLE E V IDENC E: Within 30 days from date of Controct, Seller shall, Dt his expense, deliver to Buyer or his attorney. in accordance with Standard A.
either (CHECK) 0 (1) or [X(2): (1) ebstract. or (2) title In,"rance commitment with lea owner'. title policy premium to be paid bb Seller et clo.lng.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: II thl. olfer Is not executed by both of the lJerties hereto on or belore ecember 8, 1986.
the eforesold deposlt(s) shall be, at tho option of Buyer, returned to him and this offer shall thereafter be null and void. The dato of Contract shell be the dote
when the le.t one 01 tho Seller end Buyer ha. .Igned this offer. or before
v I. 5;LOSING DATE: This transaction shall be closed ond tha deed and other c1o.ing papers delivered on ~,X . day 01 January. 30th
19 H7 , un105$ ox tended by other provisions of Contract.
VII. RESTRICTIONS, EASEMENTS. LIMITATIONS: The Buyer shell toke title subject to: Zoning, restrictions, prohibition. and other ,"quirements impo.ed by
governmental 8uthor/ty; Restrfctlons end matter, appearing on the plat or otherwise common to the subdivision; Public utility eascnlents of record, (provided said
eeS9mBnts 8re loceted, contiguous throughout the property IIno, nnd ore not more than 10 feet In width os to the rear or front ""0' and 7Y. feet In width as to the
side lInes, unloss otherwise specified herein); Taxes for year of closing and subsequent years, assumed rnortgLloes and purchase money mortgages, If any;
other: None
provided, howover. that none of the foregoing shall prevent use of the property for the purpose of ~JI!mercial-.U~
VIII. OCCUPANCY: Seller represents that there aro no parties In occupancy other than Seller, but if property is intended to be rented or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of property
at time of closing unless otherwise specified below. If occupancy is to be delivered prior to closing, Buyer dssurnes all risk of 1055 to property from date of occu-
pancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the property, real, and personal, In Its e)(lstlng
condition e. of time of tok Ing occupancy unless otherwise noted In writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Dmay assign lXJ may not assign. Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or hondwritten'provisions inserted herein or attached hereto as Addenda .hall control
ell prlntod provisions in conllict therewith.
XI. SPECIAL CLAUSES:
1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy.
2. The Buyer will pay for the State Documentary Stamps to be placed on the deed.
3. The Seller agrees to not withdraw this offer t,o sel~ prior to December 8, 1986.
4. The Buyer will accept the improvements in their present condition.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTQHN~XP..bWJJ.T.D.SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REA_L.'TORS,AND THE'!,;,,~IDA BAR
opyrlght 197B by The Florida Bar and the Florida Associ;ttiol< of RE;"nORS --.-_,
Countersi
(SEAL)
Approved
/
( 0VC-WLL(SEAL)
(Seller!
(SEAL)
Depo.I,(s) under II (a) received; If check. .ubjectto clearonce.
(Seller!
By;
(Escrow Agent)
BROKERAGE FEE: Seller agrees to pay the registered reo I estoto Broker named below. at time 01 closing. from the disbursements of the proceeds of sale. com.
panutlon In tha emount 01 % 01 gross purchose price for his service. in eflecting the sale by I'nding 0 Buyer, ready, willing and Bble to purcha.e pursuent
to the foregoing Contract. In tho event Buyer lails to parform and deposit(s) i. retalnad. 50% thereof. but not exceeding the Broker's fee obove computed. .hall be
paid to tha Broker, as full consideration lor Broker'. .ervlces including costs axpended by Broker, and the bolance shall be paid to Seller. If the trensectlon shall not
be clo.ed beceu.e of rolu.al or lailuro 01 Seller to perform, the Seller .hall pay said fee In full to Broker on demand.
(SEAL)
(SEAL)
(Seller)
, <;. I'"
A. E v IDE NeE 0 F I I r L E: LiJ An .a.lJ..1.U.t.LU of tjtle prepared or brough t curren 1 by a repu table lJlld ex iSling abstrac t f jrm (i r no I ex ist iflg then certi fiad B~ corroct by
on oxlstlng (Irln) purporting to bo on accurate synopsis of the instruments affecting tile title to subj~ct real property recorded in tlll'J public records 01 tho county
whoroln tho fond Is siluoled, through dato of Contract. An abstract sholl CQmrnenco with the clJrliest public rf!co,.d~. or stich Inll!r date ns Illny be cUHomory In the
county whoroln tho lond Is sItuated. Seller shall convey a 1l1<:Jrkctnblc title in lIccordanco with Title Standards Ddopted frof" thnt! to tilllC by The Floridn Oar, subJecl
only to lions, oncumbrances, exceptions or qualifications set forth in t'~~.lco.n. vac.i.O!ld. ~lose which shall be dischElrued by SellC'r at or before! closing. Upon closing
of this transaction such t1ustrtlct shl1l! become the p,operty of Buyer, sUIfJ~,~',~e'r'ph~; f retention thereof by first fnOn9i)~lee IIlltil fully paid; or [zJ !I_tltlo In5uc.:
once comnlltmont Issued by n qUi1lificd title Insuror ngreelng to issue to Buyet..-~Jrtdn-h~'t rding of thp. deed to Buyer, all Owncl'~ policy of litla insurance In \110
nrnount of the purchaso price, Insuring titlo of the Buyer to the roal property, subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract and tho'e which ,hnll be dl'charged by Seller ot or belore clming. Buyer ,hall hove 30 days. if ab'tract, or 5 days. if title cOlllmitment, from date of reo
celvlng evidence oJ title to ex amino 'alllo. If title i, found defective. Buyer shall, within 3 day, thereafter, notify Seller In writing ,peclfying dofect!')..
" <oid defect(,) render title unmarketable. Seller ,hall have 1.20 days from receipt o( notice within which to remove ,aid defect('), and i( Seller i< umucce"lulln
removing them within ,aid tll11o, Buyer shall hove the option of eithor (1) occeptlng the title ., it then i" or (2) delnnlldin~ 0 relllnd of allmonle, paid hereundor
which shall forthwith be retllrned to Buyer and thereupon Buyor and Seller ,hall be released a' to one another. of all rllrther obligations under the Contract; how~
evor, Seller ngroDs thilt he will. If title is found to be unmarketable, uso diligent effort to correct the defect(s) in title within the titne provided therofor, including
tho bringing of nncesSllry suits. '
8. EXISTING MORTG^GES: Seller shl111 furnish a stRternent frarn tho rnortgagee(s) setting forth principal balance. rnclhod of paYlnent, interest rate nnd whether
tho mortgage(').Jlln good 'tondin~. If a mortgage require' approval of the Buyer by the mortgagee in orde,r to avoid default, or for assumption by the Buyer of ,aid
mortgago, nnd W the ITlOrtqOlgee does not approve the Buyer, the Buyer rnay rescind the Contract, or [1J requires <In increasp. in the interest rate or charges D fee
for nny reoson In excess of $100.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess. Seller shill! pay 50% of such fee up to
$50.00. Buyar shnll use re<lsoll<lble diligence to obtain approval. The nrnount of any escrow de~osits held by mortgagee shall be cledited to Seller.
C. PURCHASE MONEY MORTGAGES: The purchose mOlley note and mort\lage, if ony. ,hall provide (or a 30 doy groce period in the event of default If it is 0
first nlortgoga and 0 15 day 9rJlCC rJeriod if a second rnortgoge; shall provide for right of prepayment in whole or In rJart without pp.nalty; shall not provide for
eccclorotlon In ovent of resale of the property; and shall be otherwise in fonn nnd content required by, Seller's attorney; provirlf!(l. however, Sellcr may only re-
quire clausos customarily found in fnortgoges and 'nortgage notes generally utilized by savings and loan institutions in the county wherein the properlY Is located.
Said mortgago sh311 require the owner of the property enculTlbered to keep 011 prior liens and enculTlbrances in good 5t811dinH and forbid the ownor of the pro-
perty from ~cceptlng fllodific;]tion~ of or future advances under prior fTlortgngcds). All personal property being conveyed will, at option of Seller, be subject to the
lien of the mortgngo Dnd evidenced by recorded Financing Statements.
D. sun VEY: The Buyer, within ti'Tlc allowed for delivtHY of evidence of title l'lnd e)(DrTlination thereof, may hilvn lhe property ~urveyed a,t his expense. If the
survey. l;ertlfled by a registered Flori<Jn surveyor, shows any enc:ronchment on said property or that irnprovernf.:n.ts illtc.fl<:i.etl"-tc~ be localed on the subject property in
fect encroocJl on londs of othf~rs. or violl1te any of the Contract covenants, the smTle shall be treated as 11 ti.t~~"rJelect, ApV S1Hvt?j;.-IHepilled in connection with or as a
consaquonce of this tra"nsaction Inay include a descri~tion of the property under the Florida Coordinate SYSlel'!l~ci~dQOI~ed 'il1-.€!r~~ler 177, Florida Statutes.
E. TERMITES: The Buyer, within tilne nil awed ror delivery of evidence af title ond'exarnination t~ei)!1_b-r no 'Iilter ti';Hl1...o'~\Zl.nrio-r.:To closing, whichever date
occurs lost, 'nay have the irnprove1ncIlts inspected at Buyer'~ expense by a Certified Pest Control Clporfl'lar to del.ennine whe1'h~r TIH?re is any visible active termite
Infestation or visible existing damage froln tennite infestation in the irnprovernents. If Buyer is il~~!fl~w~d of "i'tJler~or both o'-tJ'~'fo~cqoillg. Buyer will have 4 days
hom data of written notice thereof or 2 days after selection of 0 contractor, whichever occurs, first,-within_wfflch tohave atJ~~lltlqes, whether visible or not, in-
spected nnd estimnted by n licensed building or general contractor. Seller shall pay viJlid cost~ of--tre,1Jlnlent""""n,d ,-ep8ir of fill {4--;l1"T11ifJr; up to 1 }'1% of Purchase Price.
Should such costs exceed that DlTlOlJl1t, Buyer sholl hove the option of cancelling Contract witw/l..Q dnys ,l~~l receipt 01 r.o":!tZ!c-tor's rer:;al,. estimate by givinq
written notice to Soller. or Buyer may f~lect to proceed with tIle transoction. in which event 8uyer ~hal1 rcp.c.ivc <J ~refJit at c!:'J5irl..l.I,-of on arnount equal to 1}'1% of
said Purchase Price. "Teflnite" sl1all be deerned to include all wooel destroying insects.
F. INGRESS AND EGRESS: Seller covenants and warrant, that there Is ingress and egre's to the pro~erty. : ---:,- .
G. LEASES: Seller shall. flOt less than 15 days prior to closing, furnish to Buyer copies of all writtell_len~se5 nnd estoPr?5Ir .If~~.1ers frOll' each tenant specifying the
nature end duration of said tenant's occuponcy, rental rates and advanced rent and security deposits pi.Jtd by. tennnl. .Itl th~ e~vcnl Seller is unablo to obtain such
letters from each tenant, the S~Hno inforrllation shall be furnished by Seller to Buyer within said lh~b pcrtod.(n' It;~ ..fc).-Ill of a Seller's affidavit, and Buyer rnay
thareofter contact tenants to confirrn such Information. Seller shall deliver and assign all original leDses to Huyer ~t.closin.g.
H. LIENS: Seller shilll, both as 10 the realty and personalty being sold' hereunder, furnish to Buyer at titT1e ,of closing 'an afridavit ilttesting to the absence unless
otherwise provided for herein, of ony financing stnternents, clair~ls of lien or potentlallienors known to Seller and further nttest;ng th;Jt there have been no Improve-
ments to the property for 90 days i1nJnediately preceding date of closing. If the property has beon inlproved within said titTle, Seller shall deliver releases or waivers
of all mechonic's liens, execu ted by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the narnes of
all such generol contractors, subcontractors, suppliers and moterialmen and further reciting that in fact all bills for work to the subject prop.erty which could serve
05 a basis for a mechanic's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING: Closing shall be hold In county wherein property is located, at the office of ottorney or other c1o,ing agent designated by Seller.
J. TIME: Time Is of the essence of this Contrnct. Any referenco herein to time periods of less than 6 days shall in the COlllpul;Jtioll thereof exclude Saturdays, Sun-
days and legal holidays, and any tilTle period provided for herein which shall end on a Soturdoy, Sunday or legal holiday shull p.xtend to 5:00 p.m. of the next full
bu,lness day.
K. DOCUMENTS FOn CL.OSING: Sell~r sh;Jll furni~h deed, Inechanic's lien ;Jrfidavlt, assigrHl1ents of leases, and nny corrective instruments that may be required In
connection with perfecting tIle! title. Buyer shall furnish c1osing.statcrnent, rnortgage, mortgage note. and financing slataments.
L. EXPENSES: Stote surtax and documentary slarnps which are required to be nffixed to the instrUl11ent or conveyance. inlal1!)ilJle tax on and recording of pur.
cheso monoy mortgage to Seller, and cost of recording any corrective instrunlents shall be paid by Seller. Docurnentary stDrnps to be affixed to the note or notes
securad by the purchase nlaney rnortgago, cost of recording the deed and financing statcrncnts'shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PERSONAL): Toxe, shall be prorated based on the current year's tox with due allowance made (or maximum allowable
discount ond homostead or other exemptions If ollowed for said'year. If closing occurs at,a date when the current year's nJillage is not fixed, and current year's
assessment Is available, taxes will be prorated based upon such, (lSS(!SSllle~t, and the prior year's millage. If current years assessrnent is not available, then taxes will
be prorated on the prIor year's tax; provided, however, If there are completed imprOVelTlents on the property by January 1st of yenr of closing, which Improvernents
were not In exIstence on January. 1st of the prior year, then taxes shnll be prorated based upon the prior year's milloge and ot an equitable assessment to be agreed
upon between the parties, failing which, request will be made to the County Property Appraiser for Dn infarrnal a!;SeSSnlent tak ;ng into consideration homestead
exemption. If nny. However, ;Jny t;lX pl'orfltion based on an p.stirnate may at request of either party to the tronsoction, be subsequently readjusted upon receipt of
tax bill on condition that a staternent to that effect Is set forth in tho c1os.inQ statenlent.
N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special asses'ment liens a, of date of closing (and not 0' of dale of Contract) ore to be paid
by Soller. Pending liens os of date of clo,ing ,hall be ossumed by Buyer. provided. however, that where the improvement ho, been ,ub'tantially completed 0' of the
date of Contract, such pending lien shall be considered 9S certified, confirmed or ratified and Seller sholl, at closing, be charged an arnount equal to the last estirnate
by tho public body, of the ossesslllent for the ilnprOVelTlent.
O. PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrant, that all major applianc~s. heating. cooling, electrical, pluIIlbing 'ystem,. and machinery are In
working condition as of 6 days prior to closing. Buyer rnay, at his expense, have inspections ,nade of said iterns by licensed persons dealing in the repair and main.
tenance thereof, and shall report in writing to Sellcr such Items oS 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 deellled to have waived Seller's warranty as to failures not reported. Valid reporlad
falluros sholl be corrected at Seller's cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection UDon reasonable notice.
P. RISK OF LOSS: If the irnprovernent' ore darnoged by fire or other ca,ualty prior to closing, and cost, of re'toring same doe, not exceed 3% o( the As,e,sed
Veluotlon of tho improve,nents' so damaged, cost of restoration shall be an obligation of the Seller and closing shall procned pursuant to the terms of Contract
wTi1~therofor escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the assessed valuotion of the itnprovemenls so damaged, Buyer
shall hove tho option of either taking the proporty as Is, together with ei,ther the ,said 3% or any insurance proceeds poyable by virtue of such loss or damage, or of
concellng Contrnct and receiving return of deposit(s) "1ade hereunder. I
o. MAINTENANCE: Notwithstanding provi,ion, of Standard O. between Contract date and closing date, personal property referred 10 in Standord 0 ond reol
proporty, Including lown. Shrubbery ond pool. If any, ,hall be mointoined by Seller in conditions they existed os of Contract date, ordinary wear and tear oxcepted.
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearonce 01 (und, ond evidence of title continued at Buyer's cxpen,e.
to show tltlo In Buyer, without any encu,nbrances or change which would render Seller's title unmarketable, from the date or the last evidence and the cash pro.
ceed, of solo ,hall be held In e'crow by Soller's attorney or by such other escrow agont a' may be mutually agreed upon for a period of not longer than 5 day'
from and after closing date. I( Seller's title Is rendered unmarketablo. Buyer ,hall within said 5 day period. notify Seller in writing o( the defect and Seller ,holl
have 30 days frofTl dato of receipt of such notlricRtion to cure said defect. In the event Seller fails to timely cure said defect. alllnonies paid hereunder sholl, upon
written darnond thoreror and wIthin 5 days thereafter, be returned to Buyer end. simultaneau,sly with such repayrnent, Buyer shall vocate the premisas and recon.
vey tho property In que'tion to the Seller by 'pecial warronty deed. In the event Buyer (ail, to make timely demand (or refund. he ,hall toke title a, I,. woiving all
right. ogilL"t Sellor 0' to such Intervening defect except as may be ovailable to Buyer by virtue of warranties, If any. contained in deed. In the event a portion of the
pureha,a price Is to bo derived (rom In,titutlonal financing or re-(inancing, the rcqulrement, o( the lending institution as to place, time and procedure, for closing,
and for dl,bursamont of mortgage proceed,. shall control, anything III this Contract '0 tho contrary notwithstanding. Provided, however. that the Seller ,hall hava
tho rlgh' to require from ,uch lending institution at clo,lng a commitment thot it will not withhold disbursement o( mortgage proceeds as 0 re,ult of any title defect
attrlbutoblo to Buyer. mortgagor.
S. ESCROW: Any escrow agent receiving 'funds is authorized and Agrees by acceptonce thereof to promptly deposit and to hold some in escrow and to disburse
same subject to clearance thereof in accordance with terrns and conditions of Contract. Failure of clearance of funds sl1all not excuse performance by the Buyer.
In the ovont of doubt os to his duties or liobilities under the provisions 0.1 this, Contract, the escrow agent may In his sole discretion, continue to hold the monies
whIch ere the subject of this escrow until tha parties ,nutually ogree to the disbursement thereof, or until a judgment of a court of co'npetent JurisdictIon sholl
deterrnlne the rIghts of the partias theroto, or he fllay deposit all the nlonies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having JurisdictIon of tho dispute, and upon notifying all parties concerned of such Bction, all liability on the part of the escrow agent shall fully terminate, except
to the extent of occounting for any nlonies t.heretofore delivered out of escrow. If a licensed real estate br'oker, the escrowee will cornply with provisions of Section
475.25 (1) (c). F.S., as tHnendcd. In the event of any suit between Buyer :Jnd Seller wherein tho escrow agent is made a party by virtue of acting as such escrow
agent hereunder, or In the event of llny suit wh{!rain escrow agent interpleads the subject matter of this escrow, the escrow ngent shall be entitled to recover 0
reosonablb attorney's fee and costs incurred, soid rees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the
e,crow agont ,hall not be liable to ony party or person whomsoever for ml,dellvery to Buyer or Seller of monies subject to thi, escrow. unles, such misdelivery sholl
.be due to willful breoch 01 this Contract or gro" negligence on the part of the e'crow agent.
T. ATTORNEY FEES AND COSTS: In connection with any litigation Includir;g appellate proceedings arising out o( this Contract, the prevoiling porty ,hall be
antltled to recover reasonable attorney', fee' and costs.
U. DEFAULT: If Buyer fan, to perform thl, Contract within the time 'peci(ied. the depo,it(') paid by the Buyerafore,aid may be retained by or for the account
of Sell.. os liquidated damoge,. consideration for the execution of this Contract and in (ull settlement o( any claims; whereupon all parties shall b, relieved of
all obligations undor the Contract; or Seller. at his option, may proceed at law or in equity to enforce hi, legal rights under thi, Coniract. 1(. Jor any rea'on other
thon folluro or Seller to render his title morketable ofter diligent eflort, Seller (ails, neglects or refu,e, to perform thi, Contrnct, the Buyer may seek ,peclflc per,
(ormanco or olect to receive the return of his depo,it(s) without thereby waiving any action for damage, resulting (rom Seller'., breach. ,
V. CONTRACT NOT RECOnDABLE. PERSONS BOUND AND NOTICE: Neither this Contract nor allY notice thereof shall be recoriJ~d in any public rccord,.
This Contract ,hall bind and Inurc to tho benelit of the portie, hereto and their ,uccessors in interest. Whenever the context permit'. ,ingular ,half include plura' and
ona gender ,hall Include all. Notice given by or to the attorney for either porty ,hall be as effective a' if given by or to said party.
W. PRORATIONS AND INSURANCE: Taxe" asse"ments, rent. interest, Insurance and other expenses and revenue of said proflerty shall be prorated a, of dote
of closing. Buyer shnll have the optioll of tnklng over Any existing policies of Insurance on the property, if assurnable, in which event prerniums shall be prorated~
The ca,h at clo,lng shall be increa'ed or decrea'ed as may be required by said prorations. All references in Contract to prorations a' of date of clo,ing will be
deemod, "dato of occupancy" if occupancy occurs prlor to closing, unless otherwise provided for herein.
X: CONVEYANCE: Seller shall convey title to the aforesaid real proporty by statutory warranty deed ,ubject only to matters contained in Paragraph VII hereof.
Personal propert.y ,hall, ot the request o( BUY'I be conveyed by an absolute bill o( sale with warrant..,. of title, subject to su. ch lien, a5 may be o.therwise .provided
for hordn. _".
Y. OTHER ^GREEMENTS: No prior or ;' r!sent ngreernents or representntions sh;)1I be bind in' !Jnon ony of Ih'! pi'lrtif1s hen~to unl~S"....--l,m:orporated In
,hll ContrAct. No rnodificntion or r:l1nnOf"! In tlli!: Con\rnr:t shnll 1H.I vrilid or bindinq uron lht'! p:Jrties unll~-:S in writing. exer.lltcd hV the pnrtias to be hnllnd thereby.