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MARY NEAL AND ELLIE HUGH HEARD WA:RANTY DEED I FROM INDIVIDUAL TO CORPORATION. 86120028 RAMCO FORM 34 I OJ. G 41 7PAGE 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 ./ / ,j..)."" d (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. \.,......... ':, ',', .,';.,.;:'; C\..:;;~' ~..."\""~';' \.. 2"'~u~~~ ~ ,,~,.'JJS':i ". (I _.,.'L'~'_C- ',,- ~.q.. . - ~)'i:e:.'" "- :3 .S:9.:~ \....,r ~\," ~d\ ... ~l,p'. l' ., \)~ ,:: . p>:, C;}~Jr:'~ 'f;~~t:-\l ,- . (I,~_tt j:1'\!\,!.!l). ~... 14 14872346 72 40 41 TOTAL 1. :3 JA87 5.00 350.00 355.00 CHK c; I Ca;;l] 1\ Cl <J :.0 RAt'; .. .::r; 0 0 11 . f)S;.ff..5J)t7J) 3 Int...____ d___., ~~T~Qt' . 2'/~ "i:r< \~. _~t.\",' ~ll"'"" '-- "?,:,"* :P- i'~ ~ ;c: rr'\ ;:.,: ,-'- c:<<' (..U c::> ,. :';; ,..,~ ,"j r'-::,"U .t:.. N N Togelher with all the tenements, hereditaments and appurtenances theretobelon9lih wise appertaining. 05 -J .,. ,:,-~,,_. ~ >:' P"!::. ~ , t S1 ~~ \";: ~"t .~y- , f~"" t. ,".... ~~ ~. j '~': or.i'n t;:': ,~..~' ,'\.(,.. If.! r ...' ~ \" \ (.."CP ~v IJ..-:.Jh...,.. '.f'" r;;:/ 'i':.J. ::L..'>' I .J ,.0' ~"'\, ,., ~j"~~::1 l}'l',) ,,)' To Have and 10 Hold, the same in fee simple forever. ~;'~~ ... 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: y;.. , '~. ~. .11..1/. "'~ f' ,~ ," ' ,:,,- _.-,':-;; " . '-, '<; -.f.( I" . / :t "'.' , .,' ,',', /) 1./ .~ ~'--- ..../ ". h.!:?-'d~J.kJ,dU.I....m... h~__ . ,~--.v.~~~.~."..,....--.........~...... ,'ATE. OF, FLORIDA, .~.~..~ .~.. .d'.- .' COUNTY OF PINELLAS the said grantor has hereunto set thehPnd and seal the day and year y'/ :I))(t ~1.AA 1)'- ....J~~~t~~~B. ~TE"HUGH"~~~"""". } .-.--.... ..~~ . 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 () 10t ~ -~ '. :.~i 1 0" t:t.,. .~ ' i.;,.LJ:t. (( /l!Ji.) A: (;r), i>/~,;~:~;i7:;;;:1,,:j(L) f "Mrlr/f' 'pf1St1t:'l":"-;Y"~~""-i:::'<;~~"\;";I.,.,..;". MY COMMISSION EXPI~S; 723.>;(~0jy ..-. .... '- , /' ,. .: e';,. /;;I.-O/g-05(5) AL TA Owner's Policy - ForfTl 6 - 1970 (Rev. 10-17-70 and 10-17-84) ,(./ ~~......", I 't .:;. 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 t t t t t t f t e!Aadll7~ 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 ~ ~ ~ ~ ...,.... ....." ~ ~ 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 '... .' .. I . ~ ;. ~ j I ,r 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 . . I I 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. ch )CL-+ft; fl\7}.3. delete",,") ~~ x 4. ~~OOX~:xo::~m ~~~m~~ 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 , .......... ... 'lI, .'t <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 t t ~ t STE~~ART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNlZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY \.-:!~ --- --- - ~- --- \~I STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 \~ , ~~ POLICY OF TITLE INSURANCE /'. .~ " "".-. .. .", ....: -~~~l"""'- .~ I I .. {'- 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 ". ,~..- . ... .-::.>~"'::r .-,'.'.'~ --. I I ".. 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 ~""'., -',-';" .- ~~e S <>--- ,), ~ d~ ,,~t~ f=- "0"'---. Q~ ~ ,/\^. kl '"' - U.~ ,,' Y"-lV). ~Q.~ c 0'-- 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.