ALVIS WILLIAMS AND JOHN H
86120092
WARHNTY DEED I
FROillNDIVIDUAL TO CORPORATION ..
RAMeo FORM 34
I
t iLg4 t6 PAGE 2313
Jhis lWarranty Jeed Made the
87024253
30th day of January A. D. 19 87 by
of, JOHN H. WILLIAM~, deceased
ALV~S WILLIAMS, widow and surviving spouse
heremafter called tne grantor. to
THE CITY OF CIEARWATER
a corporation existing under the laws of the State of FIDRIDA, with its permanent postoffice
address at ( " ,1l0 . I /./-- /. /i 1\ -, / .
hereinafter called the grantee: '-I"l). II}l ,~/ )',<, Z' l k.;'!;~,a/2/i/z271~~{:J -/I.::f.557j
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individualsJ and the successors and assigns of corporations)
lWitnesstlh: That the grantor, for and in consideration of the sum of $ ! ) . ) ) 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:
01 Cash
40 Rec
41 OS
43 In1
Lot 8, less a triangle described as:
Begin at the Northeast corner of Lot 8, run thence Southerly along the Easterly
line of Lot 8, 1.26 feet; thence Westerly 34.98 feet to the Northerly line of Lot
8, said point being 35.0 feet from the Northeast corner of Lot 8; thence Easterly
35.0 feet to the Point of Beginning, JANIE DANI:ELS SUBDIVISION, according to the
plat thereof as recorded in Plat Book 5, Page 23 of the Public Reoords of Pinellas
County, Florida and apartofIk)~ 7, JANIE DANIELS SUBDIVISION, as recorded in
Plat Book 5, Page 23 of t.nePubliCRecords of pinellas County, Florida, described
as follows: '
Begin at the Southwest corner of Lot 7, run thence Northerly along the Westerly
h ine of Lot 7, 1.26 feet; thence Easterly 34.98 feettb the southerly line of Lot
::../ said point being 35 feet from the Southwest corner of Lot 7, thence Westerly
along the Southerly line of said Lot 7, 35 feet to the Point of Beginning.
~Om\'>~"rv r. 1"'tI. l'<-T.d:.(~-Q.Q 14 148723:: 72
t."......,..... inlv.~INll L'L'I f'<1, 41
l(arleel1 f. U'o L;L. . C"'~, h.~::".~ c(;untw TOTAL
the8yi~~~~1itm~;.J/..'~~"J ~~~rtenances thereto belonging or in any-
Jogether with all
wise appertaining.
1. 3 JA87
5.QQ
21Q.QQ
21S.QQ CHK
Jo HalJe and to 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 l,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 December 31, 19 86, and easements and restrictions imposed of record, if any;
this reference to said easemen~?pnd/~~~~ns shall not operate to reimpose
the same..{,'l.-<-,w~''''''
}, \~,< :': ~i :;: '~,. _ : ,,'T: ~ :~~.i
~n lWilness lWhereof, the said grantor has hereunto set theilrand and seal the day and year
first above written.
l.. ~;U
J;;'rl .j
~,' I 1 WI
4 H fli UI
Signe4. sealed and delivered in our presence:
,I... .~~..V~{u.,.n.:n::n...
-~r---- .-a~~----
-__STAT - _OFELORIDA, _
COUNTY OF PINElLAS
./~~'~-Q'n.nn.
------------------------.-..--------------.--.-----...------..------------------..
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
}-
i(
ALVIS WILLIAMS, widow and surviving spouse of, JOHN H. WILLIAMS, deceased
to me known to be the person described in and who executed the foregoing instrument and she
bdore me that she executed the same,
acknowledged
\"ITNESS my hand and official seal in the County and State last aforesaid this
January ,A, D, 19 ~7
30th
day of
~.~~~~
MY COMMI5sIOWEXP~,RES.~,~-:.,,(~ - .$9
--'-';';~!
Qf!.
This 1m/rumen/ prepared by:
-'-' . Addressif . (;, ~t (,
- .' cr. ..' ! ~
f2/~). ..M ...~) ~ 7^ ' ..' /'
. I.. C,_" ",.- ,/
.' ~... '-./
Of ~.R.~ //,.i:JI ("r
~""Cb._,J:, \,.(<.,-",,~ >. o;.",,~,
MI KELL L. ST. GERMAIN ~ ,.., , (-
STEWART TITLE COMPANY OF CLEARwATER~ rNc~
1290 COURT STREET, CLEARWATE;B,Fl!; ,'~35i6.
/.2-0Ig-05 ('1)
-r
-
--.."
"', ?d -. ,;(
, I I
.! ,""
I
...... Form Approved
OMB No. 63-RI501
I. 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 /7. LOAN NUMBER
. R~I?OOQ?
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
I City of Clearwater Al vis Williams N/A
,-
G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE:
Pt. of Lot 8 & pt of Lot 7 Stewart Title of Clearwater
Janie Daniels Subdivision a/k/a Company Jan. 30, 1987
203 S. Madison Avenue PLACE OF SETTLEMENT 30th day of year
Clearwater, FL 33516 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 b.7 nnn nn 401. Contract sales price b.7 nnn nn
102. Personal property 402. Personal. property
103. Settlement charges to borrow (line 1400) b.b.r:.. 00 403.
104. 404.
105. 405.
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106. City Itown taxes to 406. City /town taxes to
107. County taxes to 407. 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: 1..7 LtLtr; 00 420. GROSS AMOUNT DUE TO SELLER: I. ') nnn nn
200. AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 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. Seltlement charges to seller (line 7400) /. r; nn
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff ollirst mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unoaid by seller: Adjustments for items unpaid by seller:
210. City Itown taxes to 510. City /town taxes to
211. County taxes to n 00 511. County taxes to n nn
212. Assessments to 512. Assessments to
213. to 513. to
214. to 514. to
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: o _ 520. TOTAL REDUCTION AMOUNT DUE SELLER: L.I;. nn
300. CASH AT SETTLMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) b. 7 1.1. r; 00 601. Gross amQunt due to seller (line 420) I,,) nnn nn
302. Less amounts paid by Ifor borrowe~ (line 220) o 00 602. Less total reductions in amount due seller (line 520) I. I;. nn
303. CASH aFROM) (0 TO) BORROWER: * 42,44.5.00 603. CASH :IX TO) (0 FROM) SELLER: 41.9'l'l.00
** Cashiers check made payable Stewart Title Company of Clearwater HUD-l (Rev. 5-76)
to
MIS
...
I
I
PAGE 2 OF
OMB No. 2502.
- -,-
L SEnLEMENT CHARGES PAID FROM PAID FROM
BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISSIlINIIuIIIIIl price S @ "to= AT SETTLEMENT AT SETTLEMENT
Division of commission (line 1(0) as lollows:
701.$ to
702.$ to
703. Commission paid at setllement
704.
800.ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal Fee 10
804. Credit Report 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 PAID IN ADVANCE.
901. Interest Irom to @$ Iday
902. Mortgage insurance premium for 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.@$ per mo.
1004. County property taxes mO.@$ per mo. /-'
,
1005. Annual assessments (Maint.) mO.@$ per mo.
1006. mO.@$ per mo.
1007. mO.@$ per. mo.
1008. mO.@$ per mo.
1100. TITLE CHARGES:
1101. SetUement or closing lee to
1102. Abstract or tiUe search to
1103. TiUe examination to
1104. TiUe insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to to
(includes above items No.:
1108. TiUe insurance to - Titlp
(includes above ifems No.:
,
1109. Lender's coverage $ t
';',
1110. Owner's coverage $ b.7 oon nn
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ ') 00 Mortgage $ Releases $ 1 0 00 r; 00 10 00
1202. Citylcounty tax/stamps: Deed $ Mortgage $
1203. State tax/stamps: Deed $ ?10 00 Mortgage $ 710 00
1204. - . Deat.h r.<>rt'; ~~ n ~+~ ').00
1205.
1300.AODITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303. (';t-" nf ("', ~ r:.. 00
1304. 1<';l;no nf TR~ 10QQ_R 7r; 00
1305.
1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, sectIOn K) b.b.c, 00 /, c, 00
CERTIFICATION
Sellers
I of this trlllSaClion. I have caused or will cause the funds to be disbursed in accordance with this statement.
Date
. Penalties upon conviction can Include a fine and Imprisonment. For details see: Tille 18: U.S. Code
,/ -II"/'? - }'"7
AL TA Owner's POlicy - Form B - 1970 (Rev. 10.17.70 and 10.17.84)
~;..
;"':
"'.
f.
I
'"
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
~
f
~
j
j
+
+
I
t
&
STEWART TITLE
&UARANTY COMPANY
wAawl-$~
-b~ 'hr~
President
Chairman of the Board
Countersigned:
l~~
EXCLUSIONS FROM COVERAGE
~\
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat-
ing or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now
or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien, or encumbrance re-
sulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens,
liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without
knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of fed.
eral, state or local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b)
not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (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 . .
Serial No.
~~~-----~~--
62422
+
f
t
t
t
t
t
+
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 public 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
insu red 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
liti.gation 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 insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or 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
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5.
OPTIONS
CLAIMS
SETTLE
TO
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
,.. of~_t~I\.or ,interest which is adverse, the title to the estate claimant and authorizf by the Company.
(continued and concluded on last page of this policy) ..
,...
-......
" .:. -~ t
ALTAOWNER'S POLICY -Amended 10117170
I
.....;:,
I
SCHEDULE A
Order No.:
86120092
Policy No.: 0 - 9901
62422
Date of Policy: 30 1987
January ,
Amount of Insurance: $ 42, 000 . 00
1. Name of Insured
THE CITY OF CLEARWATER
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
THE CITY OF CLEARWATER
4. The land referred to in this policy is described as follows:
Lot 8, less a triangle described as: Begin at the Northeast
corner of Lot 8, run thence southerly along the Easterly line of
Lot 8, 1.26 feet; thence Westerly 34.98 feet to the Northerly
line of Lot 8, said point being 35.0 feet from the Northeast
corner of Lot 8; thence Easterly 35.0 feet to the Point of
Beginning, JANIE DANIELS SUBDIVISION, according to the plat
thereof as recorded in Plat Book 5, Page 23 of the Public
Records of PinellasCounty, Florida and a part of Lot 7, JANIE
DANIELS SUBDIVISION, as recorded in Plat Book 5, Page 23 of the
Public Records of Pinellas County, Florida, described as
follows: Begin at the Southwest corner of Lot 7, run thence
Northerly along the Westerly line of Lot 7, 1.26 feet; thence
Easterly 34.98 feet to the Southerly line of Lot 7, said point
being 35 feet from the Southwest corner of Lot 7, thence
Westerly along the Southerly line of said Lot 7, 35 feet to the
Point of Beginning.
Page 2
STEWART TITLE
GUARANTY COMPANY
2112
20M 6-85
Order No.
86120092
~
AL!A OWNER'S POLICY - Amended 10/17/70
I
'"
J;,. ;" I<
I
SCHEDULE B
Policy No.: 0-9901-62422
~<,.-"\This policy does not insure against loss or damage by reason of the following:
delete!")1 ~~~..,~l-m~"""'T . .
. 1JNA"AMI.~PlT!.Nitl\,^,^ ~mdo~xx
2. Easements, or claims of easements, not shown by the public records,
d.Ji\ (j}q. \\:-':2. E croachments verla~ o~~ other matters whir.h wOllin he disclosed by
an ccu urvey or inspection of the premises,
delete~4. ~
f~rCiliffili&Kf)(t1<X
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured,
6. Any titles or rights asserted by anyone incll;lding but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Taxes for the year 19 87 and thereafter.
8. Subject to any lien for municipal improvements or services to
captioned land which has not been filed for record in the office
of the Clerk of the Circuit Court of Pinellas County, Florida,
and any and all outstanding assessments projected or to be
projected, if any.
9. Subject to water, sewer, or garbage removal service charges, if
any, due and payable to a municipal authority.
10. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
11. Title to any furniture, furnishings, fixtures, or chattels or
personal property located in, to or upon the land described in
Schedule "A" hereof. Title to mobile homes is neither guaranteed
nor insured under the terms of this policy.
2113 (Rev. 3/80)
Page 3
STEWART TITLE
GUARANTY COMPANY
..,-:.-~
..<,
....
.... ," .
IONDITIONS AND STIPULATIONS continUedl
(contl.ued and concluded from reverse side of Policy cel
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
(j) the actual loss of the insured claimant; or
(ij) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
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 s\Jch 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 validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to 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 exam ination if same is customary or
required to be shown in the state in which the policy is
issued.
STEWAR'r TI~~LE
GU ARANTY COMPANY
,.
,
'"
S'I"lEWART TI'-rLE
GU ARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
\~1
,
\~\
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
r.
.~
l:-;:.\
POLICY
OF
TITLE
INSURANCE
.~
...... --"
'"
PARTIES:
Alvis Williams
I
CONTRACT FOR SALE AND PURclASE
BAR/F AR Form No 2
of 2 0 3 Sou t h Mad i son A v e n u e, C lea r w ate r, F lor i d a
end C i t y 0 f C lea r w ate r, F lor i d a
of P.O. Box 4748, Clearwater, Florida 33518 (Phone
hereby agree thet the Seller shall sell and Buyer shall buy the following property upon the fallowing terms and conditions WH ICH
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to as "StLlndard(s)".
33516
( Phone
, as "Seller",
441-2701
),
, as "Buyer",
462-6638
),
INCLUDE the Standards For
I.
DESCRIPTION:
(a) Legal descrip tion of real estate located in
Pinellas
County, Florida:
See Attachment "A".
(b) Street address, if any, of the property being conveyed is 203 Sout.h 'Madison Avenue, Clearwat.er, Florida c33516.
(c) Personal property included:
II.
PURCHASE PRICE: . . .. .......
PAYMENT:
(a) Depositls) to be held in escrow by
.$
42,000.00
in the arnount of. .
.$
N/A
(b) Subject to AND assumption of Mortgage In favor of
interest $
bearing interest at % per annurn and payable as to principal and
per month, having an approximate present principal balance of . $
TOTAL
.$
$
.$
.$
N/A
N/A
N/A
42,000.00
42,000.00
(c)
Purchase money rTlortgage and note bearing interest at
principal amount of . . . . . . . . . . . . . . . . . . . .
% on terms set forth herein below, in the
(d)
(e)
Other
Balance to close, (U.S. cash, certified or cashier's check) subject to adjustments and prorations.
III. FINANCING: If the purchase price or any part thereof Is to be financed by a third party loan, this Contract for Sale and Purchase. hereinafter referred to as
"Contr8ct", I, conditioned upon the Buyer obtaining a firm commitment for said loan within days from date hereof. at an interest rate not to exceed
%; term of _ years; and In the principal amount of $ Buyer agrees to make application for, end to use rel!lsonable dill.
gence to obtain said loan. Should Buyer fall to obtain same. or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
I V. TITLE EV I D ENC E: Within 30 days from date of Contract, Seller shal'. at his expense, deliver to B uver or h is attorney, in accordance with Standard A.
either (CHECK) 0 (1) or [jj (2): (0 abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this off~r is not executed bV both of the parties hereto onor before December 19, 1986
the aforesaid deposit(s) Shall. be, at the option of Buyer. returned to him and this offer shall thereafter be null and void. TN.. 1Ste o~~;~ct shall bJ t:i date
when the last one of the Seller and Buyer has signed this offer. b f h i't t..fAle1 It' IU
VI. ~.LOSING DATE: This transaction shall be closed and the deed end other closing papers delivered on g};; e ore d. ,
19 8 r.. . unless extended by other provisions of Contract.
V II. REST RICTIONS. EASEM E NTS, L 1M IT A TIO NS: The Buyer shall take title subject to: Zoning. restrictions, prohibitions and other requirements imposed by
governmental authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utility eaS'erTlents of record, (provided said
easements era located contiguous throughout the property lines and are not more than 10 feet in width as to the rear or front lines and 7Y1 feet In width 8$ to the
sIde lines, unless otherwise specified herein); Taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any;
other: None
provided, however, that none of the foregoing shall prevent use of the property for the purpose of
Commercial Use
V III. OCCUPANC Y: Seller represents that there are 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 ten8nt(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 dssumes all risk of loss to property from date of occu~
pancy, shall be responsible and liable for maintenance thereof from said date, and shall be deelned to have accepted the property. real, and personal, in its existing
condition es of time of tak Ing occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omay assign [XJ mav not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten'provisions inserted herein or attached hereto as Addenda shall control
all printed provisions in conflict therewith.
XI. SPECIAL CLAUSES:
See Attachment "B".
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRJ9R ~O SIGNING.
WITNESSES: (Two recom
(SEAL)
A
roved as
(SEAL)
(SEAL)
(Seller)
(SEAL)
(Seller)
By;
(Escrow Agent)
BROKERAGE FEE: Seller agrees to pay the registered real estate Broker named below, at time of closing, from the disbursements of the proceeds of sale, com.
pensation In the amount of % of gross purchase price for his services in effecting the sale bV finding a Buyer, ready, willing and able to purchase pursuant
to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above computed. shali be
paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not
be closed beceuse of refusal or failure of Seller to perform, the Seller shall pay said fee In full to Broker on demand.
(SEAL)
(SEAL)
~ C. I
lSeller)
(S.,II.,
STANDAlWS FOR REAL ESTATE TRANSACTIONS
A. EVIOENCE OF TITLE: [j] An.ll!2llul.tl of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by
an existing firm) purporting to be an accurate synopsis of the instruments affecting the title to sUbject real property recorded in the public records of tho county
wherein the land 15 situoted, through dato of Contract. An abstract shall commenco with the earliest public records, or such Inter dale ns mny be customary In the
county wherein the land is situated. Seller shall convey a marketable title in accordance with Title Standards adopted from time to ti,ne bV Tho Florida Bar, subject
only to lions, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged bV Seller at or before closin,9. .Upon closing
of this transaction such abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid; or L2J a tltlo Insur-
ance commitment Issued by a qualified title insuror agreeing to issue to.Buyer, upon recording of the deed to Buyer, an Owner's pOlicy of title insurance In the
emount of the purchase prico, insuring title of the Buyer to the roal property, subject only to liens, encumbrances, exceptions or qualifications set forth In this
Contrect end those which shall be discharged by Soller at or before closing. Buyer shall have 30 days, if abstract, or 5 days. if title commitment, from date of reo
celving evidence of title to examine same. If title is found defective, Buyer shall, within 3 days thereafter. notify Seller in writing specifying defect(sl.
If sold ddect(s) render title unmarketable. Seller sholl have 120 days from receipt of notice within which to remove said defect(s), and if Seller is unsuccessful In
removiny them within soid time, Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder
which shell forthwith be returned to Buyer and thereupon Buyer and Seller shall be released as to one another. of all further obligations under the Contract; how-
ever, Seller agrees that he will. If title is found to be unmarketable, use diligent effort to correct the defect(s) in title within the time provided therefor, including
the bringing of necessary suits.
B. EXISTING MORTGAGES: Seller shall furnish a statement from the mortgagee(s) setting forth principal balance. method of payment, interest rate and whether
the mortgege(s)~ in good standing. If a mortgage requires approval of the Buyer by the mortgagee in ordfli, to avoid default. or for assumption by the Buyer of said
mortgage, and W the 1T1ortgagee does not approve the Buyer, the Buyer may rescind the Contract, or [2J requires an increase in the interest rate or charges a fee
for any reason in excess of $100.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess. Seller shall pay 50% of such fee up to
$50.00. Buyer shall use reasonable diiigence to obtain approval. The amount of any escrow deposits held by mortgagee shall be credited to Seller.
C. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, shall provide for a 30 day grace periOd in the event of default if it is a
first mortgage and a 15 day grace period if a second mortgage; shall provide for right of prepayrnent in whole or in part without pp.l1alty; shall not provide for
acceleration In event of resale of the property; and shall be otherwise in form and content required by Seller's attorney; provirled, however, Sellcr may only re-
quire clauses customarily found in rnortgages ann rnortgage notes generally utilized by savings and loan institutions in the county wherein the property is located.
Said mortgage shall require the owner of the property encumbered to keep all prior liens and encurnbrances in good stand inn and forbid the owner of the pro.
perty from accepting modifications of or future advances under prior mortgage(s). All personal property being conveyecfVvi!1. at option of Seller, be subject to the
lien of the mortgage and evidenced by recorded Financing Statements. - - ~_
D. SURVEY: The Buyer, within time allowed for delivery of evidence of title and examination thereof, may h~!v~e~ .t~"e I)r~'iar-t~surveyed at his expense. If the
survey, certified by a registered Florida surveyor, shows any encroachment on said property or that improvemeJlrs.inten(h~d ip lJe:J,o~ed On the subject property in
fact encroach on lands of others, or violate any of the Contract covenants, the same shall be treated as a "rt-tfu.J1efect. Any surv~~(~...)a!.cd in connection with or as a
consequence of this tra.nsaction may include a description of the property under the F.lorida Coordina~~v_.~,fem a~.defiIl.~d in Ch~~)r~"!"..17_7, Florida Statutes.
E. TERMITES: The Buyer, within time allowed for delivery of evidence of title and examination ther'ev!. or nl.l...'afer than 10 da"{"t'rio< to closing, whichever date
o~curs last, may have the irnprovements inspected at Buyer's.expense by a Certified Pest Contror Op~rcHor to!J,.aten..,jr,e.wflethe;:t+n:"tels any visible active termite
Infestation or visible existing damage from termite infestation in the improvements. If Buyer is intor1J:1ed of eittW!r.'J>r both of the:f'""'!'9q,ng. Buyer will have 4 days
from date of written notice thereof or 2 days after selection of a contractor, whichever occurs fiTst, -wtthin wll.1i::h t.9,)laye all dmn~aQ.es-, whether visible or not, in-
spected and estimated by a licensed building or general contractor. Seller shall pay valid costs'-of--treatrr,ent and r.apairo.f.all dnnjage Ur~ to 1 %% of Purchase Price.
Should such costs exceed that mT1ount, Buyer shall hove the option of cancelling Contract within 5 clays af,eL,[ece'i:pt- of cOQ1.~tor's repair estimate by giving
written notice to Seller, or Buyer nlay elect to proceed with the transaction, in which event Buyer shell "recefve a..credit at cI.osi~y, at an amount equal to 1 %% of
said Purchase Price. "Termite" shall be deemed to include all wood destroying insects. ~
F. INGRESS AND EGRESS: Seller covenants and warrants that there is ingress and egress to the property..
G. LEASES: Seller shall. not less than 15 days prior to closing, furnish to Buyer copies of all written leases and eSloppel '"tters frolll each tenant specifying the
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. I n the event Seller is unable to obtain such
letters from each tenant, the sarne inforrnation shall be furnished by Seller to Buyer within said tim(:: periOd in tlw forrn of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirrn such Information. Seller shall deliver and assign all original leases to Buyer at closing.
H. LIENS: Seller shall, both as to the realty and personalty being sold hereunder, furnish to Buyer at time of clOSing an affidavit attesting to the absence unless
otherwise provided for herein, of any financing statetTlents, clairns of lien or potentiallienors known to Seller and further attesting that (here have been no improve.
ments to the property for 90 days immediately preceding date of closing. If the property has been improved within said time, Seller shall deliver releases or waivers
of all mechanic's liens, executed by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of
all such general contractors, subcontractors, suppliers and materialmen and further reciting that in fact all bills for work to the SUbject property which could serve
as a basis for a mechanic's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING: Closing shall be held In county wherein property is located. at the office of attorney or other closing agent designated by Seller.
J. TIME: Time is of the as-sence of this Contract. Any reference herein 1:0 tirne periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun-
days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full
business day.
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be required in
connection wIth perfecting the title. Buyer shall furnish closing. statement, mortgage, mortgage note, and financing statenlents.
L. EXPl:NSES: State surtax and documentary stamps which are required to be affixed to the instrument of conveyance, intangible tax on and recording of pur-
chase money mortgage to Seller, and cost of recording any corrective instrUtTlents shall be paid by Seller. Docurnentary starnps to be affixed to the note or notes
secured by the purchase money mortgage. cost of recording the deed and financing statements shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable
discount and homestead or other exemptions If allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and current year's
assessment Is avellable, taxes will be prorated based upon such assessment, and the prior year's millage. If current year's assessnlent is not available, then taxes will
be prorated on the prior year's tax; provided, however, if there are completed improvernents on the property by January 1st of yea'r of closing, which Improvements
were not In exIstence on January, 1st of the prior year, then taxes shall be prorated based upon the prior year's r11ll1age and at an equitable assessment to be agreed
upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessnlent tak ing into consideration homestead
exemption, if any. However, any tax proration based on an estimate may at request of either party to the transaction, be subsequently readjusted upon receipt of
tax bill on condition that a statement to that eHect is set forth in the clo<ing statement.
N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessrnent liens as of date of closing (and not as of date of Contract) are to be paid
by Seller. Pending liens as of date of closing shall be assumed by Buyer, provided, however, that where the Improvement has been substantially completed as of the
date of Contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate
by the public body. of the assessment for the improvement.
O. PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major applianc~s, heating, cooling, electricai, plumbing systems. and machinery are in
working condition as of 6 days prior to closing. Buyer may, at his expense, have inspections rnade of said items by licensed persons dealing in the repair and main.
tenance thereof, and shall report in writing to Seller such items as found not in working condition prior to taking of possession thereof, or 6 days prior to closing,
whichever is first. Unless Buyer reports failures within said period, he shall be deemed to have waived Seller's warranty as to failures not reported. Valid reported
failures sl'oll be corrected at Seller's cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection upon reasonable notice.
P. RISK OF LOSS: If the improvements are damaged by fire or other casualty prior to closing, and costs of restoring same does not exceed 3% of the Assessed
Veluatlon of the improvements so damaged, cost of restoration shall be an obligation of the Seiler and closing shall proceed pursuant to the terms of Contract
with cost there10r escrowed at closing. I n the event the cost of repair or restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shall have the option of either taking the property as is, together with either the said 3% or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s) made hereunder.
a. MAINTENANCE: Notwithstanding provisions of Standard O. between Contract date and closing date, personal property referred to in Standard 0 and real
property, Including lawn, shrubbery and pool, if any, shall be maintained by Seller In conditions they existed as of Contract date, ordinary wear and tear excepted.
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense,
to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable, from the date of the last evidence and the cash pro-
ceads of sale shall be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a periOd of not longer than 5 days
from and after closing date. If Seller's title is rendered unmerketable. Buyer shall within said 5 day period, notify Seller in writing of the defect and Seller shall
have 30 day.s from date of receipt of such notification to cure said defect. I n the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon
written demand therefor and within 5 days thereafter, be returned to Buyer and, simUltaneously with such repayment. Buyer shall vacate the premises and recon-
vey the property In quastion to the Seller by special warranty deed. In the event Buyer fails to make timely demand for refund. he shall take title as Is, waiving all
rights against Sellar as to such intervening defect except as may be availabla to Buyer by virtue of warranties, If any, contained in deed. In the event a portion of tha
purchase price is to be derived from Institutional financing or re.financing. the requirements of the lending institution as to place, time and procedures for closing,
and for dlsbursament of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding. Provided. however, that the Seller shall hava
the right to require from such lending institution at closing a commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect
attributable to Buyer- mortgagor.
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse
same subject to clearance thereof in accordance with terms and conditions of Contract. Failure of clearance 01 funds shall not excuse performance by the Buyer.
In the event of doubt as to his duties or liabilities under the provisions 0.1 this Contract, the escrow agent may in his sole discretion, continue to hold the monies
which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having jurisdiction of the dispute, and upon notifying all parties concerned of such ection, all liability on the part of the escrow agent shali fully terminate. except
to the extent of accounting for any nlonies theretofore. delivered out of escrow. If a licensed real estate broker, the escrowee will comply with provisions of Section
475.25 (1) (c), F.S., as amended. In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue of acting as such escrow
agent hereunder, or in the event of any suit wherein escrow agent interpleads the subject rnatter of this escrow, the escrow agent shall be entitled to recover a
reasonabla attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the
escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall
be due to willful breech of this Contract or gross negligence on the part of the escrow agent.
T. ATTORNEY FEES AND COSTS: In connection with any litigation Including appellate proceedings arising out of this Contract, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs.
U. DEFAULT: If Buyer fails to perform this Contract within the time specified, the deposit(s) paid by the Buyer aforesaid may be retained by or for the account
of Seller as liquidated damages. consideration for the execution of this Contract and in full settlement of any claims; whereupon all parties shall be relieved of
a.11 obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this Contract. If, for any reason other
than failure of Seller to render his title marketable after diligent effort, Seller fails, negiects or refuses to perform this Contract. the Buyer may seek specific per-
forrnance or elect to receive the return of his deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
V. CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contract nor any notice thereof shall he recorded in any public records.
This Contract shell bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits. singular shall include plural and
one gender shall Include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party.
W. PRORATIONS AND INSURANCE: Taxes, assessments, rent, interest, insurance and other expenses and revenue of said property shall be prorated as of date
of closing. Buyar shall have the option of taking over any existing policies of insurance on the property, if assumable. in which event premiums shall be prorated.
The cash et closing shall be increased or decreased as may be required by said prorations. All references in Contract to prorations as of date of closing will be
deemed. "date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein. \\ ~
,. X~ CONVEYANCE: Seller shall convey title to the aforesaid real property by statutory warranty deed subject only to matters contained in Paragraph VII hereof.
Personel property shall, at the request of BUY) be conveyed by an absolute b,lI of sale with warranty of title, subject to such liens as may be otherwise provided
for herel,n. . I
Y. OTHER AGREEMENTS: No prior or esent agreements or represee' ..:..,,,s shall be bind in upon any of the parties hereto unless Incorporated In
. this Contract. No modification or chnnge in th,s Contract shall be valid or bin~"e parties un ss in writing. exec.lterl hy the parties to be bound thereby.
"", ,"
I
I
A TT ACIIt-'EN T A
LEGAl DESCIUPlION:
Lot 8, Less a triangle described as:
Begin at the Northeast corner of Lot 8, run thence Southerly along the
Easterly line of Lot 8, 1.26 feet; thence westerly 34.98 feet to the Northerly
line of Lot 8, said point being 35.0 feet From the Northeast corner of Lot 8:
thence easterly 35.0 feet to the Point of Beginning, JANIE DANIELS SUBDIVISION,
according to the plat thereof as recorded in Plat Book 5, Page 23, Public
Records of Pinellas County, Florida AND a part of Lot 7, JANIE DANIELS SUB-
DIVISION, as recorded in Plat Book 5, Page 23, Public Records of Pinellas County,
i lorida, described as tollows: Begin at the Southwest corner of Lot 7, run
t.hence Northerly along the Westerly line of Lot. 7, 1. 26 feet, thence Cast.erly
34.98 Feet. t.o the Southerly line of Lot.'7, said point. being 35 feet. From t.he
Sout.hwest. corner of Lot. 7, thence Westerly along t.he Southerly line of said
Lot 7, 3S feet. t.o the Point of Beginning.
.:y~......
"
I
,
Attachment "B"
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 to sell prior to
December 19, 1986.
4.
The Buyer will accept the house in its present condition.
5.
for a period not to exceed five
be two hundred dollars ($200.00)
utilities. 1IJ
1'rf44 ;:ANs A ; ,
take the hot water heater when moving from the
The Seller may rent the property
months after closing. Rent will
per month with seller paying all
6 .
The Seller may
property.
7 .
By approval of this contract, the Buyer will allow the transfer
and rewriting of a lien agreement and mortgage, held by the
Buyer, from the property being purchased to a lot (Jurgen's
Addition to Clearwater, Block A, the East 74 feet of Lot 2,
less Road) owned by the Seller and new house to be constructed
on the lot.
The above referenced lien agreement is dated October 2, 1981
and is recorded in Official Record Book 5257, Page 389 of the
Public Records of Pinellas County, Florida. The original lien
amount was $12,000.00 with a remaining balance of $4,500.00.
The above referenced mortgage is dated October 30, 1984 and
recorded in Official Records Book 5872, Page 743 of the Public
Records of Pinellas County, Florida. The mortgage is security
for a deferred payment loan with a remaining balance of
$1,900.00.