JOE A MARTINSON JR (2)
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86228789
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O.R.6327 PAGE 168
Title Guaranty Fund, Orlando, Florida
This instrument was "prepared by:
RETUR..l\l TO:
W. H. WOLFE
.4ttDrney at [.CI'IC
16 North Fort Harrison Avenue
CLEARWATER, FLORIDA 33515
ijtarranly laeed
(STATUTORY FORM-SECTION 689.02 F.S.)
aJI,is Jubruturr. Made this
:3 (:) "tit
day of
September
1986 ,ilrtwrru
JOE A. MARTINSON, JR.
of the County of
Pine1las
, State of Florida
grantoroJ<, and
THE CITY OF CLEARWATER
whose post office address is P.O. Box 4748, Clearwater, FL 33518
S 'i')
EP J,.
'7 I'" ')11 .~!~
IL ,.j ; 1I ',,,,,
of the County of
Pinellas
, State of
Florida
, grantee-\<,
BUurssrtI,. That said grantor, for and in consideration of the sum of --________________________________
__--TEN AND NO/lOO ($10.00)-------------------------------________________________
. o. Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pinellas County, Florida, to-wit:
Lot 7, LESS the following described portion: Begin at the Southwest corner of
said Lot 7, run thence Northerly along the Westerly line of said Lot 7, 1.26 feet,
thence Easterly 34.98 feet to the Southerly line of said Lot 7, said point being
35 feet from the Southwest corner of said Lot 7, thence Westerly along the Southerly
line of said Lot 7, 35 feet to the Point of Beginning, JANIE DANIEL'S SUBDIVISION,
according to the plat thereof as recorded in Plat Book 5, page 23, Public Records
of Pine1las County, Florida,
AND
A part of Lot 8, J&l\lIE DANIEL'S SUBDIVISION, as recorded in Plat Book 5, page 23,
Public Records of Pine11as County, Florida, as described as follows: Begin at the
Northeast corner of said Lot 8, run thence Southerly along the Easterly line of said
Lot 8, 1.26 feet; thence Westerly 34.98 feet, to the Northerly line of said Lot 8,
said point being 35.0 feet from the Northeast corner of said Lot 8; thence Easterly
35.0 feet to the Point of Beginning.
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persollS whomsoever.
* "Grantor" and "grantee" are used for singular or plural, as context requires.
rantor has hereunto
r presence:
.., 9,"oto,', hood ood ,eol the doy ood ~'t obo,e w,;tteo.
C"") ~ .Q.~-.r... L.. -; ~~. (Seal)
:iff{ A. Martl.nson, Jr.
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STATE OF FLORIDA .0 0 ,~=,.::~=" ~'.... ..::a!
COUNTY OF PINELLAS : !oJ:()(;J/Z
I HEREBY CERTIFY that on this day before me,~ an~ificer duly qualified to take acknowledgments,
JOE A. MARTINSON, JR.
15 15gri573 40
40
41
TOTAL
. (Sen-U'";S"'-;j i
.1.. -.~,-I. I:.J..rO
5.00
11)f}e6Q
105. 00 (:Hr~
(Seal)
personally appeared
to me known to be the person described in and who executed the foregoing instrument and acknowledged
he executed the same.
WITNESS my hand and official
1986 .
My commission expires:
Notary fublk, Stille of Florida
My Commission E)'ijij,~ .'<lJ~ 1 ~9Q(1
It:Jnd,;;.;.i T!~.r;: ,r'<:"J ,_ ..... H i.i' !"':,-~..4' '. ,"
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
CITJ OF CLEARWATER
Interdepartment Correspondence Sheet
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney~
Dan Deignan, Finance Director wjClosing Statement
Purchase from Martinson
September 30, 1986
On this date the subject purchase was completed and attached
hereto are the followin~:
MAG:br
Title Commitment #C-856887 of Attorneys' Title
Insurance Fund
Copy of Closing Statement
Copy of Warranty Deed & Quitclaim Deed received from
Martinson, which is being recorded and will be returned
for your files after recording.
Satisfaction 1S being recorded and recording data will
be forwarded to your office as soon as it is obtained.
Affidavit of No Liens
H Z C :;:: :v' <,
OCT 1 198F
,--':1... 1: CLL::-~~~
(Same coverage as merican Land Title Association Owner's Policy - For A 1970 - Amended 10-17-7Cil
GUARANTEE OF TITLE (OWNER)
Attorneys'TItle Insurance Fund
ORLANDO, FLORIDA
OPINION ON TITLE
The Attorney, who signed Schedule A and who is a member of ATTORNEYS' TITLE INSURANCE FUND,
hereby renders to the insured named in Schedule A this opinion and advises that the estate or interest of the
insured in the real estate described in Schedule A is the estate or interest specified therein and is free of all
encumbrances, liens and other objections, except those shown in Schedule B, and those stated in the
Exclusions from Coverage.
GUARANTEE OF TITLE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATTORNEYS' TITLE
INSURANCE FUND, a business trust, herein called The Fund, insures, as of Effective Date of guarantee
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 Fund 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; or
3. Lack of a right of access to and from the land.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this guarantee to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Title Insurance Fund
By#;1!~
President and Executive Secretary
SERIAL
OG-
1049841
FUND FORM 00 (11/84 DS! 25M)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this guarantee:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment 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 reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Effective Date of guarantee.
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 Fund and not shown by the public records but known to
the insured claimant either at Effective Date of guarantee or at the date such claimant acquired an estate
or interest insured by this guarantee and not disclosed in writing by the insured claimant to The Fund
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 Effective Date of guarantee;
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 guarantee,
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in
the land described in Schedule A.
J
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1
FUND OWNER 'S FORM
I
SCHEDULE A
Policy or
Guarantee No. : OG-l04984l
Effective Date: October 1, 1986
11:00 P.M.
Member's File Reference: 83-21
Amount of Insurance: $ 19,950.00
I.
Name of Insured:
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land described herein and wltich is covered by this policy or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 6327 , Page 168 ' of the Public Records
of Pinel1as County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
Lot 7, LESS the following described portion; Begin at the Southwest corner of said
Lot 7, run thence Northerly along the Westerly line of said Lot 7, 1.26 feet, thence
Easterly 34.98 feet to the Southerly line of said Lot 7, said poiIit being 35 feet
from the Southwest corner of said Lot 7, thence Westerly along the Southerly line of
said Lot 7, 35 feet to the Point of Beginning, JANIE DANIEL'S 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 8, JANIE DANIEL'S SUBDIVISION, as recorded ill Plat Book 5, page 23,
Public Records of Pinellas County, Florida, as described as follows: Begin at the
Northeast corner of said Lot 8, run thence Southerly along the Easterly line of
said Lot 8, 1.26 feet; thence Westerly 34.98 feet, to the Northerly line of said
Lot 8, said point being 35.0 feet from the Northeast corner of said Lot 8, thence
Easterly 35.0 feet to the Point of Beginning.
ISSUED BY
JOE R. WOLFE, CHARTERED
4145
(Attorney or Firm of Attorneys)
MEMB ER NO.
16 North Fort Harrison Avenue
(Mailing Address)
Clearwater
(City)
Florida, 33515
(Zip)
FUND Form OG/OP/OPM-SCH, A (Rev, 1/77) (8/15/84 80M)
-i
I
FUND OWNER 'S FORM
I
SCHEDULE B
Policy or Guarantee No.: OG-I049841
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as
existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. ~~~~ti
~~
~~tiNH1M~
~~
4. Easements or claims of easements not shown by the public records.
5,
~
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FUND Form OG/OP/OPM--SCH~ 8 (Rev. 1/77) (11/82 DSI 10M)
I I
CONVERSION TO MARKETABILITY ENDORSEMENT
Attorneys' Title Insurance Fund, Inc.
ORlANDO, FLORIDA
Endorsement No.
1
Agent's File No.:
83-21
Attached to and forming a part of Policy No.:
OG-1049841
The following is added to the list of policy coverages contained on the first page of the above-numbered policy:
4. Unmarketability of such title.
Item No.4 of the Exclusions From Coverage is deleted.
The purpose of this endorsement is to expand the coverage given so that the policy will provide coverage identical
to that provided by the American Land Title Association Form B-1970 (amended 10/17/70 and 10/17/84).
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless
otherwise expressly stated.
This Endorsement shall not be valid or binding unless countersigned by either a duly authorized agent or
representative of the Company, and when so countersigned it is made a part of said Policy, and is subject to the
schedules, conditions and stipulations therein, except as modified by the provisions hereof.
IN WITNESS WHEREOF Attorneys' Title Insurance Fund, Inc. has caused its corporate seal to be hereunto affixed
and these presents to be signed in facsimile under authority of its By-Laws.
JOE R. WOLFE, CHARTERED
Name of Fund Agent
October 1, 1986
Date
L{L45 .
Agent No.
Attorneys' Title Insurance Fund, Inc,
By ~~~'
Charles J, Kovaleski
President
FUND Form eME 16/86)
CONOITIONS AND STIPULATIONS I
discretion, to appeal from any adverse judgment or order.
(e) In all cases where this guarantee permits or requires
The Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund all reasonable aid
in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or
defending such action or proceeding, and The Fund shall
reimburse such insured for any expense so incurred.
4. Notice of Loss - li niitation 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
Fund is liable under this guarantee shall be furnished to
The Fund 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 Fund
under this guarantee as to such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund shall have. the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this guarantee together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund under this guarantee
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 Fund will pay, in addition to any loss insured
against by this guarantee, all costs imposed upon an
insured in litigation carried on by The Fund for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of The Fund.
(c) When liability has been definitely fixed in
accordance with the conditions of this guarantee, the loss
or damage shall be payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this
guarantee (a) if The Fund, 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 Fund.
8. Reduction of Liability
All payments under this guarantee, 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 guarantee for endorsement
of such payment unless the guarantee be lost or destroyed,
in which case proof of such loss or destruction shall be
furnished to the satisfaction of The Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this guarantee shall be reduced by any amount The
Fund may pay under any guarantee insuring either (a) a
mortgage shown or referred to in Schedule B hen'of which
is a lien on the estate or interest covered by this
.'
.
1. Definition of Terms
I
The following terms when used in this guarantee mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
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,
distributees, 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 Schedule A, and improvements affixed
thereto which by law constitute real property; provided,
however, the term "land" does not include any property
beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest,
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to
and from the land is insured by this guarantee.
(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 Conveyance of Title
The coverage of this guarantee shall continue in foree
as of Effective Date of guarantee 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
convenants of warranty made by such insured in any
transfer or conveyance of such estate or interest;
provided, however, this guarantee 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 Fund, 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 to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this guarantee.
(b) The insured shall notify The Fund promptly in
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as
insured, and which might cause loss or damage for which
The Fund may be liable by virtue of this guarantee. If
such prompt notice shall not be given to The Fund, then
as to such insured all liability of The Fund 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 guarantee unless The Fund
shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Fund shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the
estate or interest as insured, and The Fund may take any
appropriate action under the terms of this guarantee,
whe~her or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this
guarantee.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this guarantee, The Fund may pursue any such
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right in its sole
CONDITIONS AND STIPULATIONS (continued on reverse side)
CONDITIONS AND STIPULATIONS (continued)
guarantee, 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 guarantee. The
Fund 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 guarantee and the amount sopaid
shall be deemed a payment under this guarantee to said
insured owner.
10, Apportionment
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss
is established affecting one or more of said parcels but not
all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this guarantee
was divided pro rata as to the value on Effective Date of
guarantee of each separate parcel to the whole, exclusive
of any improvements made subsequent to Effective Date
of guarantee, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at the time of the issuance of this guarantee and
shown by an express statement herein or by an
endorsement attached hereto.
11, Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under
this guarantee, all right of subrogation shall vest in The
Fund unaffected by any act of the insured claimant. The
Fund 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 guarantee not been issued, and if requested by
The Fund, such insured claimant shall transfer to The
Fund all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit The Fund to use the name of
such insured claimant in any transaction or litigation
involving such rights or remedi,es. If the payment does not
cover the loss of such insured claimant, The Fund 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 guarantee, but The Fund, in
that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the
amount, if any, lost to The Fund by reason of the
impairment of the right of subrogation.
12. Liability Limited to This Guarantee
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire guarantee and contract between the insured and
The Fund.
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 guarantee.
No amendment of or endorsement to this guarantee
can be made except by writing endorsed hereon or
attached hereto signed by either the President, a Vice
PreSi.dent, or member of The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
About your policy. . .
This policy provides valuable title protection. You should keep it in a safe place where it will be readily available for future reference.
There is no recurring premium.
Your policy is underwritten by Attorneys' Title Insurance Fund, the nation's first bar-related™ title insurer. Founded in 1947 as a
b!.!siness trust under the insurance laws of the State of Florida, The Fund exists so that member attorneys can provide real estate
consumers with the extended protectio'n of title insurance in addition to their other legal services.
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W. H.. WOLFE
............,. .. L.",
16 North Fort Bll1'lison Avenue
CLEARWATER, FLORIDA 33515
Closing Statement September 30
19 86
Seller,
JOE A. MARTINSON, JR.
BuyeL
CITY OF CLEARWATER
Property Address,
County Pinellas
Legal Description,
Lot 7 and part of Lot 8, JANIE DANIEL'S
SUBDIVISION, Plat Book 5, page 23, Public
Records of Pinellas County, Florida
City
Clearwater
--
SELLER'S COpy A B
DUE SELLER CREDIT BUYER
. SElLING PRICE 19 950 00 xxxxxxx xxx
, DOWN PAYMENT xxxxxxx xxx
--- ..-
MORTGAGES: " A~sumed by Buyer xxxxxxx xxx
b Executed, by Buyer xxxxxxx xxx
-- RENTS, pro rated
INTEREST, pro rated
INSURANCE: Fire xxxxxxx xxx
Unearned
Premium
Other xxxxxxx xxx
Unearned
Premium
, TAXES:
0 . Based O~73doy<:, credit fo Seller, or
b . Based 0 ~oys credit to Buyer
19 City Taxes a b
19 --BIL- County Taxes a b 313 95
,19 ..._-----.- Personal Taxes a b
.- -.
TOT ALS 19.95C 00 313,95
, Column "A" less Column "B" 31:L95 xxxxxxx '~
tBALANCE DUE SELLER 1 Q 6_3_6 05 xxxxxxx 1_ xxx.
SELLER'S EXPENSES OF SALE CHARGE SElLER
-, ,..,
Ti to 1 p 114 nn
,Attorney Fee Document Preoaration 50 00
,Broker's Commission Aim Realtv. Inc. 1. 995 00
'. Escrow Fees
',Florida Documentary Surtax Stamps on Deeds 100 50
',Florida Revenue Stamps, on Deed
, Intangible Tax on Mortgage
',Recording Mortgage
, Survey Charges
,Mortgage Transfer Fee
Recording Release of Lien 5 00
S, TOTAL EXPENSES TO SEllER $ 2 2R4 'In
MMARY:
DOWN PAYMENT *(2) Pa?dm~el:er
(plus) BALANCE DUE SELLER *It)
B TOTAL
(less) SELLER'S EXPENSES *(26)
T CASH TO SELLER
$
$
$
S
$
19,636.05
19b36.02
??R4 'In
1 7 .3~1. 55
<es and Insurance pro-rated as of September 30
,ed on year 19 85 , in the amount of $ 421.32
sfraet delivered ta_~
urance Policies delivered to__
fe, with cancelled stamps, to ___.. .__._____
ceived a true copy of above, check for Net Ca
~by approve above and certify it correc!'''
Q ..e. Q.,r-J.t ~.,...,
~A. Martinson, Jr.
19~, taxes
(2~' Fvn~~/~/15Jg-k,
-I
w. H.
WOLFE
A.Uorney CI' LaW!
16 Nortb Fort Harrison Avenue
CLEARWATER, FLORIDA 33515
Closing Stotement
.September 30
!9~
Seller,
__ JOE~u_MAR'flNSON , JR.
Buyer,
CITY OF CLEARWATER
Property Address,
County ___..J'in~ll~____ City~:t~~!water
legal Description:
Lot 7 and Part of Lot 8, JANIE DANIEL'S
SUBDIVISION, Plat Book 5, page 23, Public
Records of Pinellas County, Florida
BUYER'S COpy A B
DUE SELLER CREDIT BUYER
a, PURCHASE PRICE , Q q'lO 00 xxxxxxx XXl
-~.
*b, DOWN PAYMENT xxxxxxx xxx
----- ._.---~
c. MORTGAGES: " A~,>u med by Buyer xxxxxxx xxx
l Executed by Buyer xxxxxxx xxx
d. RENTS, pro-rated
-
e. INTEREST, pro-rated
f, INSURANCE: Fire xxxxxxx xx;
Unearned
Premium
Other xxxxxxx xx;
Unearned
Premium
g. TAXES:
" . Based on 2 7 ~ys credit to Seller, "'
b . Based on ys credit 10 Buyer
h, 19 . m City Taxes a b
I. 19 86-- .. County Taxes a b 313 95
-
I, 19 . Personal Taxes a b
k.
I.
m,
TOT ALS 1q q<;O nn 313_ 9I
n, Column "A" less Column "B" 313 95 xxxxxxx xx;
*t BALANCE DUE SELLER ....,.-a 63 6 -to 5 xxxxxxx xx:
-- BUYER'S EXPENSES OF SALE
CHARGE BUYER
o. Abstracting Charges
p, Attorney Fees
q, Escrow Fees
r. Florida Revenue Stamps, on Note
s. Intangible Tax on Mortgage
t. Recording Deeds 10 00
u, Recording Mortgage
v, Survey Charges
w Mortgage Transfer Fee
x,
y.
*Z, TOTAL EXPENSES TO BUYER $ 10 no
SUMMARY:
BALANCE DUE SELLER (*t)
(plus) BUYER'S EXPENSES (.z)
NET CASH DUE FROM BUYER
$ 19,636.05
$ 10.00
$~46 :os--
Taxes and Insurance 'pro-rated as of September 3,Q9~, taxI
based on year 19~, in the amount of $ 421.32
Abstract delivered to
Insurance Policies delivered to
Note, with cancelled stamps, to
"Received a true copy of above and hereby approve same and certi
it correct,"
CITY OF CLEARWATER
~
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~0 L Printed for lawyers' Title Guaranty Fund, Orlando, Florida
i
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lltlfarranty Iced
This instrument was -prepared by:
RETU&.>.:J TO:
W. H. WOLFE
AUorne,. at LaIC
16 North Fort Harrison Avenue
CLEARWATER, FLORIDA 33515
(STATUTORY FORM-SECTION 689.02 F.S.)
wqi.a 1JttbPttturp.
Made this
'3 0 "tit
day of
September
1986 ,ilrtUJPl'tt
JOE A. MARTINSON, JR.
of the County of
P inellas
, State of Flo rida
, grantori<, and
TIlE CITY OF CLEARWATER
whose post office oddress is P.O. Box 4748, Clearwater, FL 33518
of the County of
Pine1las
, State of
Florida
, grantee"',
1IIIihtt.a.apf~. That said grantor, for and in consideration of the sum of ----------------------------------
__--TEN AND NO/lOO ($10.00)-----------------------------~~~--~~~--~--~---~------~-
. . . . . .. .. .. . . Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pinellas County, Florida, to-wit:
Lot 7, LESS the following described portion: Begin at the Southwest corner of
said Lot 7, run thence Northerly along the Westerly line of said Lot 7, 1.26 feet,
thence Easterly 34.98 feet to the Southerly line of said Lot 7, said point being
35 feet from the Southwest corner of said Lot 7, thence Westerly along the Southerly
line of said Lot 7, 35 feet to the Point of Beginning, JANIE DANIEL'S 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 8, J~~IE DANIEL'S SUBDIVISION, as recorded in Plat Book 5, page 23,
Public Records of Pinellas County, Florida, as described as follows: Begin at the
Northeast corner of said Lot 8, run thence Southerly along the Easterly line of said
Lot 8, 1.26 feet; thence Westerly 34.98 feet, to the Northerly line of said Lot 8,
said point being 35.0 feet from the Northeast corner of said Lot 8; thence Easterly
35.0 feet to the Point of Beginning.
and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of 011
persoltS whomsoever.
* "Grantor" and "grantee" ore used for singular or plural, os context requires.
rantor has hereunto set grantor's hand and seal the day and
.
(Seal)
(Seal)
(Seal)
(Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, on officer duly qualified to take acknowledgments, personally appeared
JOE A. MARTINSON, JR.
to me known to be the person
he executed the same.
WITNESS my hand and official
1986.
described in and who executed the foregoing instrument and acknowledged before me that
seal in the County and State
lost aforesaid this 3c"'"'t;L
~
0,
day of September,
~.J.~
My commission expires:
Notary Public
Notary ~ublic, ~tete of RoriGI
My Commission &piles Au;. 1, 199('
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STATE OF FLORIDA
COUNTY OF P INELLAS
AFFIDAVIT
The undersigned, having been duly sworn and warned of our rights and
obligations in this matter, do hereby certify that they are the owners of the
following described real estate lying, being and situate in the County of
Pinellas , State of Florida , to wit:
Lot 7, LESS the following described portion: Begin at the Southwest corner of
said Lot 7, run thence Northerly along the Westerly line of said Lot 7, 1.26 feet,
thence Easterly 34.98 feet to the Southerly line of said Lot 7, said ffioint being
35 feet from the Southwest corner of said Lot 7, thence Westerly along the Southerly
line of said Lot 7, 35 feet to the Point of Beginning, JANIE DANIEL'S SUBDIVISION,
according to the plat thereof as recorded in Plat Book 5, page 23, Public Records
of Pine1las County, Florida,
AND
A part of Lot 8, JANIE DANIEL'S SUBDIVISION, as recorded in Plat Book 5, pages 23,
Public Records of Pine11as County, Florida, described as: Begin at the Northeast
corner of said Lot 8, run thence Southerly along the Easterly line of said Lot 8,
1.26 feet; thence Westerly 34.98 feet, to the Northerly line of said Lot 8, said
point being 35.0 feet from the Northeast corner of said Lot 8; thence Easterly
35.0 feet to the Point of Beginning.
All work, labor and materials furnished to such property have been
paid for and that they have taken no action that would subject such property to
any mechanics or statutory lien and such property has not been, and is not now,
subject to any unpaid charges, lien or assessment for public improvements of any
type whatsoever.
No work has been done on the property by any governmental organization
in the 60 days prior to the date of this affidavit.
The undersigned further certify that the real estate above described is
in the actual possession of the undersigned, and is not in the possession,
actual or constructive, of any person or persons, or organizations holding or
claiming same adversely to the undersigned under contract, lease or any other
color of title or right of possession.
Pursuant to Sec. 1445 of the Internal Revenue Code, the undersigned
further certify that they are not nonresident aliens for purposes of US income
taxation, that their taxpayer ID number is ~~$ -30" 2"~"l
and their home address is Po &.y. 8fct'a... ""'4IOb-.a.R e,.Jtc If- ,'::"L. 'S~'l~2
that this certification may be disclosed to the IRS by the transferee and that
any false statement made could be punished by fine, imprisonment, or both; and
that under penalties of perjury this is true to the best of our knowledge and
belief.
The undersigned further certify that the real estate above described is
free and clear of all mortgages of record or otherwise, except as follows:
NONE
This affidavit is made and furnished as required by the Mechanics Lien
Law, 713 Florida Statutes, and as an inducement to and as a substantial part of
the consideration for the SALE ~ of the above stated real estate by
affiants to THE CITY OF CLEARWATER
and affiants fully understand the legal effect and obligations imposed upon them
by the execution of this instrument under oath.
FURTHER AFFIANTS SAITH NOT.
~ ~n.,,-~-.r.. -- ()
Joe A. Martinson, Jr. ~
Sworn to and subscribed before
me this ~-e"" day of Septemher- -
:::--"-
~Pu9i~ ~.~ ·
- ~
19 86
My commission expires:
Notary Public, State of Aorida
My Commission Expires Aug. 1, 1990
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A SURVEY Of
lDt 7 and a part of lDt 8, Janie Daniels' Subdivision, as recorded in Plat Book 5, page
23 of the Public Records of Pinellas County, Florida. The part of lDt 8 is described
as follows: Begin at the Northeast comer of said lDt 8, nm thence Southerly along
the Easterly line of said lDt 8, 1.20 feet; thence Westerly 34.98 feet to the North-
erly line of said lDt 8, said point being 35.0 feet fran the Northeast comer of said
lDt 8; thence Easterly 35.0 feet to the Point of Beginning.
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: :P--t"c;,.d~
EVANS LAND SURVEYING
OWN. BY: .../~di'
INV. NO. t:9tP~()78
1780 MAIN STREET - UNIT D
DUNEDIN, FLORIDA 33528 PH: 734 - 3821
..s~av~~.....:?y ..:?V~V~y
, t EVANS
Fla. Reg;. No. 2937
. ..
CONTRACT FOR SALE AND PURCHASE
BAR/FAR Form No, 2
..
PARTIE,,: Marti s n
of ~. 0, Box 8192. MadeL a Beach. FL
and City of Clearwater
of P. Q, Box 4748. Clearwater. FL 33518 (Phone
hereby agree that the Seller shall sell and Buyer shall buy the following proparty upon the following terms and conditions WH ICH
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to as "Standard(s)".
33738
I
,es "Seller",
(Phone
),
,as "Buyer",
462-6638 ),
INCLUDE the Standards For
I. DESCRIPTION:
(a) Legal description of real estate loceted in Pinellas County, Florida:
Lot? and a part of. Lot 8, Janie Daniels' Subdivision, as recorded in Plat Book 5, page 23 of the
Publ1c Records of P1nellas County, FL. The part of Lot 8 is described as follows: Begin at the
Northeast corner of said Lot 8, run thence Southerly along the Easterly line of said Lot 8, 1.26
feet; thence Westerly 34.98 feet, to the Northerly line of said Lot 8, said point being 35,0 feet
from the Northeast corner of said Lot 8; thence Easterly 35,0 feet to the Point of Beginning.
(b) Street address, if any, of the property being conveyed is Nf\
(c) Personal property included: None
II.
PURCHASE PRICE: , . . , . , , . , . . . . . . . . , . , . . ., . . . . . , . . . . , . . . . . . . . . . , , , . . , , . . . . . .$
PA YMEN,T:
(a) Deposit(s) to be held in escrow by
19,950.00
in the amount of. . . , ,$
NA
(b) Subject to AN D assumption of Mortgage in favor of
$ NA
(c)
TOTAL
.$ NA
$ NA
.$ 19, 950 , 00
,$ 19, 95 0 . 00
(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
"Contract", is 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, and to use reesonable dili-
gence to obtain said loan. Should Buyer fail to obtain same, or to waiva Buyer's rights hereunder within said time, either party may cancel Contract.
I V. T ITL E EV I D ENC E :j'IIithin 15 days from date of Contract, Seller shall, at his expense, deliver to Buyer or his attorney, in accordance with Standard A,
either (CHECK) 0 (1) or ~ (2): (1) 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 by both of the parties hereto on or before 5 PM, Aug. 25 J 19Rf)
the aforesaid deposit(s) shall be, at the option of Buyer, returned to him and this offer shall thereafter be null and void. The date of Contract shall be the date
when the last one of the Seller and Buyer has signed this offer,
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on the
1986 , unless extended by other provisions of Contract.
VII, R ESTR ICTIO NS, EASEM ENTS, LIM IT A TIONS: 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 easements of record, (provided said
easements are located contiguous throughout the property line. and are not more than 10 feet in width as to the rear or front lines and 7Y, feet In width as to the
side lines, unless otherwise specified herein); Taxes for yeer of closing and subsequent yeers, assumed mortgages and purchase money mortgages, if any;
-
30th day of
September
other:
provided, however, that none of the foregoing shall prevent use 'of the property for the purpose of
V III. OCCUP ANC Y: Seller represents that there are no parties in occupancy other than Selier. but if property i. 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, Sellar agreas to daliver occupancy of proparty
at time of closing unless otherwise specified below, If occupancy is to be delivered prior to closing, Buyer ~.sumes all risk of los. to property from data 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 existing
condition as of time of tak ing occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Dmay assign QtI may not assign, Contract,
X, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provision. inserted herein or attached hereto as Addenda shall control
all printed provisions in conflict therewith,
vacant land
XI. SPECIAL CLAUSES:
IlYhe seller agrees not to withdraw this offer to sell prior to 5 p.m., August 25,
) Seller is a Licensed Real Estate Broker.
3) Corrected Legal Copy of Deeds are Attached.
4) The-city~shall forgive -any G-f".ty~i.sd,nsj;hat ..1Jlay_ocill1.E .irom-th~demolition
former'structure~lffiCIMENDED TO BE A LEGALLY BINDING ~~~)i:t;r.,
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTD~-F'(,P~1r.i.8_!Q-.sIGNHJG.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TO~ AND THE FL.Q.I'f'.9A eAR
2';'" "'." ,", "o~': ~'~o~ ":,-,,,:',,:'~:o:"~oo 0' "'''''r~'.. . ---
1986.
of-th~
~W~K~X~~'Xl
countersi ned:
(SEAL)
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2e'l-'---i..~~~~~~::..cb _
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k ' ~(Buyerl..---
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(SEAL)
\"'-
D. SURVEY: The Buyer, within time allowea Tor ueJlvery VI ~VIU~IH.';~ VI L1l1e DIIU C^D".IIIC:IU...... .."...,......." '''...y IIUV,," L".... t-"......t-"..... LY ........v...J...~ ...... ".- ....'f""_..__. ..
5urvey, certified by a registered Florida surveyor, shows any encroachment on said property or that improvements intended to be located 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 title defect. Any survey prepared in connection with or as a
consequence of this tra'nsaction may include a description of the property under the Florida Coordinate System as defin!,d.in Che'p1;eJ177, Florida Statutes,
E, TERMITES: The Buyer, within time, al,lowed for delivery of evidence of title and examination thereof, or no l111'er'th",n 10 '}a'7";'.f:9r to closing, whichever date
occurs last, may have the improvetnents inspected at Buyer's expense by a Certified Pest Control Operator to deterrni}l&whetner 1;h.ere-~h any visible active termite
infestation or visible existing dalTlage from terrnite infestation in the improvements. If Buyer is informed of e'th.er,.(fr~both of-tru~~~ToregQrr...g Buyer will have 4 days
from date of written notice thereof or ,2'days after sel'ection of a contractor, whichever occurs first, withi~"lIIf1.it'h to have all dan."",,~ vm;ether visible or not, in-
>pected and estimated by a licensed building or general contractor. Seller shall pay valid co.ts of treatmeTKj,o;ro repajr of all damagr. uPto'""! y,% of Purchase Price.
Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 days a+ter re~l~ of contrac(",r'!rf'epair estimate by giving
written notice to Seller, or Buyer may elect to proceed with the transaction, in which event Buyer sh'all 'Ulciiive a c..tedit et,clo.ing ot'iWt1lnlount equal to 1Y,% of
said Purchase Price, "Termite" shall be deemed to include all wood destroying insects,
F, ING R ESS AN D EG R ESS: 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 lease.....nd a,!ojiPe' le1:ters from each tenant specifying the
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by -tentnlt:-'" the event SeNclIr j,g. unable to obtain such
letters from each tenant, the same information shall be furnished by Seller to Buyer within said timb period il'l the' torm of a Se'I~',s ~ffidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall deliver and assign all original leases to Bttye.r irt cto~ing. ..... -
H, LI ENS: Seller shall, both as to the realty and personalty being sold hereunder, furnish to Buyer at tinie..o+ closin'g- an -aljichivit ettesting to the absence unless
otherwise provided for herein, of any financing statements, claims of lien or potentiallienors known to Seller and furth-er,attesting that there have been no improve-
ments to the property for 90 days immediately preceding date of closing, If the property has bean improved witht"'..said time. 'Seller shall deliver releases or waivers
of all mechanic~sliens, ex'ecLlted by general contractors, subcontractors, suppliers, and materialmen, in addition to Seifer's tien affidavit setting forth the names of
all sucl;t general contractors, subcontractors, suppliers and materialmen and furthe,- reciting that in fact all bills for work to the subject property which co_uld serve
as a baSis for a mechanic's lien~h-aile been paid or will be paid at closirTg. ' '
I, f',LACE OF CLOSING: Closing shall be held in cQUntywherein property is 19cated, at the office of attorney or other closing agent designated by Seller.
J, TIME: Tim.e tS of the essence of-this Go.ntract, Any referenc.e herein ,to time periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun-
days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full
busin"ss day.
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be required in
connection with perfecting the title, Buyer shall furnish closing statement, mortgage, mortgage note, and financing statements.
L, EXPENSES: State surtax and documentary stamps which are required to be affixed to the Instrument of conveyance, intangible tax on and recording of pur-
chase money mortgage to Seller, and cost of recording any corrective instruments shall be paid by Seller. Documentary stamps to be affixed to the note or notes
secured by the purchase money mortgage, cost of recording the deed and financing statements shall be paid by Buyer,
M. PRORATION OF 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 available, taxes will be prorated based upon such assessment, and the prior year's millage. If current year's assessment is not available, then taxes will
be prorated on the prior year's tax; provided, however, if there are completed improvements on the property by January 1 st of year 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 millage and at an equitable assessment t, I'e agreed
upon between the parties, failing Which, request will be made to the County Property Appraiser for an informal assessment taking into consideration t,:"mestead
exemption, if any. However, any tax proration based on an estimate may at request of either party to the transaction, be subsequently readjusted upon leceipt of
tax bill on condition that a statement to that effect is set forth in the closing statement.
N, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment 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,
0, PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major appliances, heating, cooling, electrical, plumbing systems, and machinery are in
working condition as of 6 days prior to closing. Buyer may, at his expense, have inspections made of said items by licensed persons dealing in the repa'ir 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 shall 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
Valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuent to the terms of Contract
With cost therefor 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 tak ing 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,
Q, MAINTENANCE: Notwithstanding provisions of Standard 0, 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 anv encumbrances or change which would render Seller's title unmarketable, from the date of the last evidence and the cash pro-
ceeds 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 unmarketable, Buyer shall within said 5 day period. notify Seller in writing of the defect and Seller shall
have 30 days 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 question 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 Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in deed, In the event a portion of the
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 disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding. Provided, however, that the Seller shall have
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 of funds shall not excuse performance by the Buyer.
In the event of doubt as to his duties or liabilities under the provisions of 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 action, all liability on the part of the escrow agent shall fully terminate, except
[0 the extent of accounting for a~lY rnonies 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, 1<, the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue of acting as such escrow
agent hereunder, or in the event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover a
reasonabl~ 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 ilny party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall
be due to willful breach of this Contract or gross negligence on the part of the escrow agent,
T, ATTORNEY FEES AND COSTS: In connection with any litigation including appellate proceedings arising out of this Contract, the prevailing party shall be
entitled to recover reasonable attorne'l'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
all 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, neglects or refuses to perform th1s Contract, the Buyer may seek specific per-
formance 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 be recorded in any public records.
This Contract shall 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 ~aid 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. Buyer 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 at 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, CONVEY ANCE: Seller shall convey title to the aforesaid real property by statutory warranty deed subject only to matters contained in Paragraph VII hereof.
Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided
for herein,
Y, OT HER AG R E E M E NTS: No prior or presentfgreements or representations shall be binding uPolany of the parties hereto unless incorporated in
this Contfact, ~o modif~ation or change in th,s Con act shall be valid or binding upon the parties unless in riting, executed by the parties to be bound thereby.
"
860.13231
o.R.Gi~5 PAGE 650
. I
Printed for Lawyers' Title Guarant,y Fund, Orlando, Florida
I
To:1
This instrument was prepared by:
RETURN
Nome
W. II, WOLFE
CORRECTIVE
Uarranly Jleed
Address 16 N. Ft. Harrison Ave
(STATUTORY FORM - SECTION 689.02 F.S.)
__'_Clearwater. FL 33515
m~ts 3hti) rttl urr ,
Mode this
/ /i.
,'I
day of
January
19 86, ilrhurrn
~
VOYKO MARX, a married man, who does not reside on the property being conveyed,
of the County of
Pine11as
State of
Florida
, grantor~, and
JOE A. ~~RTINSON, JR.
whose post office address is P.O. Box 8192, Nadeira Beach, FL 33738
of the County of
Pine11as
, State of
Florida
, grantee.,
lIitnrl1srtl1. That said grantor, for and in consideration of the sum of -------------------------------
-:-:::::::-------------TEN AND NO/100 ($10.00) -------------------------------------- Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Pine11as County, Florida, to,wit:
Lot 7, LESS the following described portion: Begin at the Southwest corner
of said Lot 7, run thence Northerly along the Westerly line of said Lot 7,
1.26 feet, thence Easterly 34.98 feet to the Southerly line of said Lot 7,
said point being 35 feet from the Southwest corner of said Lot 7, thence
Westerly along the Southerly line of said Lot 7, 35 feet to the Point of
Beginning, JANIE DANIEL'S SUBDIVISION, according to the plat thereof as
recorded in Plat Book 5, page 23, Public Records of Pinellas County, Florida.
THIS DEED IS BEING EXEGUTED AND RECORDED TO CORRECT THE LEGAL DESCRIPTION IN A PREVIOUSLY
RECORDED DEED DATED M1\RClI 29, 1985, AND RECORDED AT O.R. BOOK 5963, PAGE 538, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
01 Cash 11 Cilg
40 Ree S, crD..
41 03 ,:-:;D~
43 Int _---H
-Of
Tot .s,-~'D" ~J
and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all
persons whomsoever.
Dnnl:}'"",")' '/",
..:::-; p
15 15763860 40
40
41
TOTAL
1. 21JA:
5.00
0.50
5.50 CHI
$"............. ,
, ' " I::: ;'rI
'~"1{,'-, 1 /, 1'(' 1:'1.;' <, (/.' '" '
'1 '4-1 ',.. I I" I '{:, ,,"; ("lllIlY,
D.. di ,~/'(,(,.Lt .(1/7~.--
,,-v ....,P".. -;-:-;-. u'~pu'Y Clerk
* "Grantor" and "grantee" ore used for singular or plural, os context requires.
lln JmUnrllO trnJllrrrllf.
Signed, sealed and delivered in our
~~:~~~
,J( C.J,";, )' ) ) I III ,; (
(_. '1'
~ fr" I i.. '" ;, .vo~
.L .l..'....:O" ". I ~..~F;~!J.
11~ .,
J o"'1t ~ f"r:" i) -'....
.l...4, .so.'" 'i'. '/"'";,',;'{,'ltV,, ,
set grantor's hand and seal the day
I
(I /(.c,
and year first above written.
Grantor has hereunto
presence:
/ :.
/ .f
--)
,\/\:,'" <
//
(Seal)
/ ,; i
Harx
)
(Seal)
:. r' I"'! ~, . ';'~:
. { '.'\"
(Seal)
JAH-lt , I 3S AHJ86
(Seal)
STATE OF FLORIDA
COUNTY OF PINEL LAS
I HEREBY CERTIFY that on this day before me, an officer duly qualified to toke acknowledgments, personally appeared
VOYKO HAR..'C ; :,
My commission expires:
described in and who executed the foregoing instn~iJ\~;,r!::~ti acknowledged before
:....?...>...: " 5:'-',-' t\G__".~'/>f.:- . ~,
seal in the County and Slate lost aforesoid, 1hi~~:,};}'.'>':,day'of January
.' >(\i:ir)~~!}?0('}/1(,;N~;O,Y MH<
me that
to me known to be the person
he executed the same.
WITNESS my hand and official
1986.
:..~". L:':: :-:r'. ;;:-, 5~:?~e (} n1':': ~:!:I.
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~ cxeCLJ live line I
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86158142
I
o.R.C27t P,'CE 1103
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CI En:<: or TIll r"~"1I1 "'l"IT
/' /l1F Ll !, l~ ,;0', ',;,', J. ' -';', . ',: '
JUL II 3" 3 f'l 'U,'r2-1 2VBS?10 78
Hn4',."II,.,. "'I'd h"",,.in.. O'I! fnm. "parrV" ,.JullI inrl,ul, th, luir.., /,,,,,,'''''(1l ,.t'pro,'n(af(I'tlI, :J U. I 11 'J r\ )
"urrllO'" t1nd/or 11""'f"1 uf Ih, ",,'put,,',. ,....,,.,io hn'do, fh, II..V of Ou .'1'" (,dllr ~u"'-ba 't(
,hall i"dru{, thl' "lIiffl . t111d Ou plll-ral OH' ~ll1t",,,,.. fit, If."" flf OIlY ""d,.,. .,/,,,11 ,"rhea,.
aU t,ndi'l'...' and, 1/ Il~~d. tII, tam "not," .1uIIlI".-III~{' all lilA' 'wtt:.C I,,.,.,i.,, dnrnlwd if ""0"" I 4.1
fILa" on" , I
/ 'I, .... , TOTflL
.Mud,. this /' da!! of June-, .'1. D. 1.9
:J. BeLween HEBSTER MICKENS, WILLIE MILLER, RICHARD PETTIS, SIIIRLY GOODLOE,
BERNICE DAVIS, BERNARD DIXON and HARRY BURNEY, SR., successor trustees of the
Bethany Christ ian Nethod ist Episcopal Church, .
.1. 1
1.0,00
0.50
8J.O,50
.JL8!
CHI:
Pinellas
and
olld St.(/I(~ (If
Florida
, of the County 0/
partlj of the first part,
JOE A. MARTINSON,
, of the County of
P:LIWJ..as and St.ate of Florida I party of the second part,
Witnesseth, that the said party of the first part, /'01' and in consideration of
the sum of-----Ten and No/lOa ($10.00) ----------------------------------- Dollars,
in hand paid by the said party of the second part, the rec{~ipt. whereof is hacby acknowl-
edged, has remised, released and qu/itclaimed, and by these presents does remise,
release and q{.~itclaim nnto the sa.id party of the second pa,rfall fhe l'l~ght, fUZe, l:nfcl'('sl
claim a,nd demand l.ohich the sCLid party of the first part Ira.,; in cuul to the lollOlOill1f
described lot , piece or parcel of la.nd, sitl(,ate lyin.1! cuul being in the COIW.ty of'
Pinellas State of Florida, to wit:
A part of Lot 8, JANIE DANIELS' SUBDIVISION as recorded in Plat Book 5,
Page 23, Public Records of Pinellas County, Florida, described as follows:
Begin at the Northeast corner of said Lot 8, run thence Southerly along the
Easterly line of said Lot 8, 1.26 feet; thence Westerly 34.98 feet, to the
Northerly line of said Lot 8, said point being 35,0 feet from the Northeast
r&~.-~:r~ of said Lot 8; thence Easterly 35.0 feet to the Point of Beginning.
OJ. Cash /11 Chg
40 Rec ~a 6b
41 DS - ~
43 Int
Tot
Documcntary Tax I'd, $.,.., I. ~;O...:
$. . . . . . . . . . . .. . . .. . ,. Inla"J:il,I,' Tax rd.
lInr Karle:?r~Oc B'd~c;?~k, l'irkl~1s Counfy
!{)I~Obo-(Y.ny,.~~ty Cledt
To I-Iave and to IIold the same, together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest and claz:m whatsoeuer of the said party of the first part, eUker in
law or equity, to the only proper use, benefit and behoof of the said party of the second
part,
In Witness Whereof, the said party of the first part has hereunto set his
hand and seal the day and year first above written.
Si~cd, ScaIcd 01 Dclivcrcd in, Our PrCRCIlCC:
0-1~... ~~:J---k~- L.S.
~- urne, r. if
Hitnesses:
_ /(;?.( :J.... " )/-:{'}) 1 (..; 1"""1/1, "')( \
y) _..-.;'L"-]"'..,,, _ ,,__
1tI~~
StaLe of]~l~:i~~ }
Counl)' of PI~ELLAS
I HEREBY CERTIFY, That on this day personally appeared before me, an offi.cer
duly authorized to administer oaths and take acknowledgments,
WEBSTER HICKENS, WILLIE HILLER, RICHARD PETTIS, SHIRLY GOODLOE, BERNICE DAVIS.
BERNARD DIXON, and HARRY BURNEY, SR" as Trustees of the BETHANY CHRISTIAN
METHODIST EPISCOPAL CIIURCII
~o me well known (0 be the per.<;on described rn and who e;wcutcd the foregoing
tnstrum,ent and they acknowledged' before lne that they
execu_led the sante freely and voluntarily for the purpo.t.'es therein expressed.
\" ITNESS my hand and official seal at .' .'elearwater "
County ?f Pinellas , and State of FlVI'ida:;- tlLia / 'I- I ~
day of .,j.r i .June' .1.1, D. 1986. .,' . '
I /_ "'A/A, '
NOTMY r'.J~1!C 'T \.H 0f n :):':n..... ~~-
!",y CC!.'.'!,::,',''.J: : ' .oj n., ": C~! YJy'otary Pu l:C - - ---_____u_
l()JiICW m:J (.jJ.;:~ 1 , .~'!...'r ..::i. I); IJ _i
.. .My Commi,'js!~(lh."".t~fJi,.cs-
L.S,
.jit.,.~n ,
~
"
"
.
L.S.
MIOS'AU l((iAlSUPPlYCO,INC UHtAUIIU flonHlA
0~;'4::
Pr-.'l::
~'l\:l".".li
;-. ~'
~:~ ;t~~'
~.J.,'"
~if'~
r,...
I
I
85204G38
r,.q, 6081 r1~r 2CO
Print..... lor lowy..,,' Till.. Guoronly Fund. Orlondo, Fro"do
'h" .."lru",,'"1 .....- P'I'I"'''''' ,.,
.I...I------.w, II. WOI.FE
..."-,,., ., ,..
1fi Nnr1t. .'ur1 II_rTla.4IUI A"rnuf'l
C1LA II \IV AT.:II. 1I.01l1llA lnl S
U 1."1'111111
y SPECIAL
iillIal'l'anty lfleed ,'IAIUIORY """-\llIlO' ... D1 ,\,
;,. Willa 3h\~rt1t1trr. Mad.. this 29th doy of Mnrch 191:15 lirllllrrn
VOYKO MARX
01 the Counly 01 Pinellas ~!."'rnn N ' Slote 01 Floridll , grontor', ond
JOE A, MARTINSON, JR.
whos.. post office addr... is P.O. Box 8192. Hndeira Belich, FL 337J8
01 th. County 01 Pinellns . Stole 01 Florida . gronle....
JIIlhtr Sart/l. Tho' soid grantor, far and in considerolion 01 Ih.. sum 01
=== TEN AND NO/100 ($10.00)---------------------------------------------_-______
Dollors.
ond other good and voluoble considerolions '0 said grantor in hand poid by soid gront..e, the receipt whereof is hereby
ocknowledged, has gronted, borgoin..d and lold to the said oronlee, and oronl..e's heirs and o55illns loreye,. the following
described land, situot.., lyinO and being in Pine1las Counly, Florido. to.wil:
A part of Lot 7, JANIE DANIEL'S SUBDIVISION as recorded in Plst Book 5,
page 23, Public Records of Pinellas County, Florida, described as follows:
Begin at the Southwest corner of said Lot 7, run thence Northerly, along the
westerly line of said Lot 7, 1,26 feet; thence Easterly 34.98 feet to the southerly
line of said Lot 7, said point being 35,0 feet from the southwest corner of
said Lot 7; thence westerly, along the Aoutherly line of said Lot 7, 35.0
feet to the point of beginning,
OJ Ca$4l 14 (;11,
#J . Rei: --..::5......f:D_
4! OS . :s Q.
43 Inl _~... r
Tot .s, S {)~
I )-(1
. ",j.
1. 30SE85
5.00
0,50
5.50 CASH
15 15737779 ~O
~O
-H
TOTAL
~ "';;1" f. lk~,.. . C.il'I;., . ~ 'lolll(1
Hll.":\1.':lA~ oJ_......- l, ,','Y we.lI
,
.
and soid gronlor do... hereby fully wallonl the .ille Iu \aid lond. and wi:! defend the some ogoinsl the lawful c10ims 01 011
penons whomsoever" claiming by, through or under the grantor hereof,
· "Gronlar" ond "gronlee" ore u\ed for singulor or plurol. os contexl ,equire.,
111 U1lhtrs8 lDQrrrllf. Gronlor hos hereunto se'
Signed, sealed and delivered in our presence:
I~~
Ai/A- Ju,.I0#
gronlor's hond and seol Ihe day and year
i>L-; !.~
Voyko !'1afx/
li,,1 obove writlen,
CJ)
, rn
. "
(Seol)
LA..'
=
(Seol)
.....
>--'
(Seol)
--
~ '(Seol)
=
STATE OF FLORIDA ".....
COUNTY OF PINELLAS
I HEREBY CERTIFY Ihol on this day before me, on officer duly qualified 10 loke ocknowledgmenh. pe"onolly appeared
VOYKO MARX
10 m.. known '0 be Ihe person
he executed Ihe some.
WITNESS my hand and official
19 85.
described in and who execuled Ihe foregoing instrument and ocknowledged be/oro me Ihol
seol in .he County ond SIole losl oforesoid this
29th doy 01 ~I[lrch
AJ ~: tflv /:(,
..// J,j"
/ J,tJ,I(..f ,;
Notary p~~
'. ( --
,',
My comminion expires: I:.,~t:' I'
1I,y L, '
'.,
o
J
1-
"'f.
......
..
...~,.~
tit.,
. ::.~..,:;.; ..~. .':,'. '~..,.
~. .t. ....a. .... ~
. ., ,,~' ~'ii-'.:,,~.. ~l
. ....!., '.. ~ ' ~ ~ ,.~ . . ~
~.".' : ,"'" ,.~. ~ 41'"
, ~: eo' ., i.'
(Same coverage as American land Title Association Commitment - 1966 Rev.)
COMMITMENT
Attomeys'litle Insurance Fund
ORLANDO, FLORIDA
COMMITMENT TO INSURE OR GUARANTEE TITLE
ATTORNEYS' TITLE INSURANCE FUND, a business trust, herein called The Fund, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest covered hereby in the land described or referred to in Schedule A; subject to the
provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of
title and all liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies or guarantee committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies or guarantee is not the fault of The Fund.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND has caused this Commitment to be signed and
sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become
binding when countersigned by a member of The Fund.
Attorneys' Title Insurance Fund
~~
Charles J, Kovaleski
President and Executive Secretary
SERIAL
c- 856887
FUND FORM C (9/85 DSI 6OM)
_I FUND COMMITMENT FORM I
SCHEDULE A
Commitment No.: C-856887 Effective Da te: August 19, 1986
8:00 A.M.
Member's File Reference: 83-21
1.
Policy or Policies or Guarantee to be issued:
Proposed Amount of Insurance
OWNER'S:
$ 19,950.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA
MORTGAGEE:
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and
title thereto is at the effective date hereof vested in:
JOE A. MARTINSON, JR.
3. The land referred to in this commitment is described as follows:
Lot 7, LESS the following described portion: Begin at the Southwest corner
of said Lot 7, run thence Northerly along the Westerly line of said Lot 7,
1.26 feet, thence Easterly 34.98 feet to the Southerly line of said Lot 7,
said point being 35 feet from the Southwest corner of said Lot 7, thence
Westerly along the Southerly line of said Lot 7, 35 feet to the Point of
Beginning, JANIE DANIEL'S 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 8, JANIE DANIEL'S SUBDIVISION, as recorded in Plat Book 5, page
23, Public Records of Pinellas County, Florida, as described as follows:
Begin at the Northeast corner of said Lot 8, run thence Southerly along the
Easterly line of said Lot 8, 1.26 feet; thence Westerly 34.98 feet, to the
Northerly line of said Lot 8, said point being 35.0 feet from the Northeast
corner of said Lot 8; thence Easterly 35.0 feet to the Point of Beginning.
ISSUED BY
4145
1- r~~
ATTORNEY- MBER'S SIGNATURE
JOE R. WOLFE, CHARTERED
(Attorney or Firm ,)f Attorneys)
MEMBER NO.
16 North Fort Harrison Avenue
(Mailing Address)
Clearwater
(City)
Florida
33515
(Zip)
FUND Form C-SCH. A (12184 DSI 75M)
...
'."
,I
FUND COMMITMENT FORM
I
SCHEDULE B
Commitment No.: C-856887
I. The following are the requirements to be complied with:
I. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed, delivered and f1!ed for record:
A Warranty Deed from Joe A. Martinson, Jr. to The City of Clearwater, Florida.
3. Record satisfaction and release of the Certificate of Indebtedness recorded
at O.R. Book 6268, page 1833, public records of Pinellas County, Florida.
II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following mat ters unless the
same are disposed of to the satisfaction of The Fund:
I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this commitment.
2, Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule 8 the standard exceptions
set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule 8 the standard exceptions
unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is
made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is
nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where the
liens would otherwise take priority, submission of waivers is necessary).
FUND Form C-SCH. B (12/84 DSI 75M)
.--.-,_,.,,;0
'_--^"~
" "
, ~
'.
,I
STANDARD EXCEPTIONS
I
The owner policy or owner guarantee will be subject to the mortgage, if any, noted under item two of
Section I of Schedule B hereof. All policies and guarantees will be subject to the following exceptions: (1)
taxes for the year of the effective date of this Commitment and taxes or special assessments which are not
shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the
public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not
shown by the public records; (5) any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to The Fund in writing,
The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent The Fund is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to The Fuud, or if The Fund otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of The Fund under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies or guarantee committed
for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies or guarantee committed for and such
liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and
Stipulations of the form of policy or policies or guarantee committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against The
Fund arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
COMMITMENT
.,
to
INSURE or GUARANTEE
TITLE
.)
Attorneys'
TItle Insurance Fund
ORLANDO, FLORIDA
..;,(,.,
OFFICES AT 32 W. GORE STREET
ORLANDO. FLORIDA
:J 1
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