Loading...
JIMMIE LEE AND PATRICIA NEWTON '" 'I - WARRANTY DEED I~:I'VID. Td"' INDIVID I It. "...2"'1"'1914 . ,.,;.: :':::',.' .'.-::. :.,.,,''-::'::'', ;.::: , , ".: ,......,',.. .,...-:..., '.' ',' "",'" ',','.-'.:,. .. ):>" /:':::, :::>.:: ..''':'',:':: '. :: ',:::::.":' :/ . I 89040036 RAMCO FORM 01 Jhis Warranty lllr~d Mude III(' 15th duy of May A D. 19 89 by ~ '" Q o N eg c::::> JIMMIE LEE NEWTON,JR. joined by his wife PATRICIA NEWTON Il('n.illufll'r called IIw qnllllor, '0 CITY OF CLEARWATER WflOSe posloffice addnss is P.O. BOX 4748, CLEARWATER, FL. 34618 Iwrei;wfler called IIII' walltee: (Where.vcr u"if'd herein thl' If'rms ",l(ralltorn and ".~rant('e" include all the parties to this instruml'.: and the heirs, le~al reprt'''it'lIlalin''s and assj~ns of individuals, and the sU("('essors and assj.~ns of corpOl:, 'ol1s) Wilnrssdh: T11(11 1111' WCllllor. for and in consideralioll of II\(! sum of $ 10.00 and ol/wr ,,(dual)!e consideratiolls. ren.ipl wlwreof is '\(!reby ackllowll'chred. Il('rel)y granls, {)([rgains, sells. aliells. re- mises. ((.leases. cOllveys Ufl({ confirrns Ullto Ille grantee. ull Ilwl certuin lUlld situate in PINELLAS COUllty, FLorida. piz: _. ~ N Lot 10, JANIE DANIELS SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas County, Florida. :'-,~~::c '" ;:C1:;') (f/ [If -'-.- (l) Parcel Number 15/29/15/20286/000/0100 " , t, "AM.EEHf'.tlt8lAKER CLERKOfCtRCun COYR r ?INEtLAS COUNTY. rL, 8SMAlll PH 1: 21 Docllm~ntary Tax Pd.IY~-~ --. $~'" m'___" I ,,~c,. rd, .<'~lt~' .', ~,.':. ';'. : .c - ,,' "\./ . " 1'I"r By ___-:-_ :______...... ,. ",JJ,'i.... '" k. i"'L,\: {'r..')',I,J: -:31: l,,, 0"" V- Jogdhrr wise appertaining. J 0 Jrtaoe and ID Mold, with all the tenemenls. hereditamenls and appurtenanc,~s Iherelo belonging or in any- Ille same in fee simple forever. Rnd tile grantor hereby covenanls with said grantee thai the granlnt' is lawfully seized of said land in fee simple; thai fhe granlor has good right and lawful authorily to sell and convey said land; that the grantor Iwrel)y fully warrants the tille 10 said land and will dc!fend IIle same againsl III" lawful claims of all persons wllOmsoever; and Ihal said land is free of all encumbrances. excepl taxes elL. 'uing subsequent to December 31, 19 88, and easements and restrictions imposed of record, if any; this reference to said easements and restrictions shall not operate to reimpose the same. In lttlfilness lttlfherrDf, the said grantor has Signed and sealed these presents Ihe day and year first above written. :Jf?:;;;;:':P:'::~oe'....... " " \1t C~ . ...... .... ~./,tP":':""''''''''''''''~..................m STATE OF FLORIDA ( COUNTY OF PINELLAS \ 'jI.MM~'~,"'N'Ew,-~~.9JR~.~........(D ~ ~ "" uf\ ;.... _ --::::r::: ~ "PATR~ rfl"~"""CD::::.......,.......,WU SPACE BelOW FOR RECORDERS USE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stale aforesaid and in the County aforesaid to take acknowledgments, personally appt'ared JIMMIE LEE NEWTON, JR. joined by his wife, PATRICIA NEWTON to me known to be thf~ pt'rsoll S dt'snibed in and who execut~d the foregoing instrument and t hey acknowledged before me that they executed the same, WITNF.3~ my hand and official seal in the County and State last aforesaid is fifteenth day of .......~~~ri::.............. Thir Im/rulI/en/ pnpared 11)1: MIKELL L. ST. GERMAIN STEWART TITLE COMPANY OF CLEARWATER, INC. Ad~"';ji ..,/t'1 ,y\)- g 1290 COURT STREET, CLEARWATER, FL. 34616 KIl {;; l ,\\ - T /1 . "3 -9'61. My Commission Expires: 1.z-O/8-()1t; (q) ~. i t , 40 f I 'OJ< $:il'!(!it~. '.1j Corumcs JrfV lo.,.'i'l S 198s STEWART TITLE RONALD (Ron) E. SOMERS President .J. 1290 Court Street P.O. Box 27S6 Clearwater, Florida 33517 (813) 441-2689 MAY 20, 1989 CITY OF CLE'.AmVA'IER · P.O. BOX 4748 · CLFARWA'IER, FL 34618 . . Please include our file No. on all correspondence: 89040036 RE: wr 10, JANIE DANIElS SUB. Dear CITY OF CLEARWA'IER Enclosed please find the following documents in connection with the above mentioned property: ( ) Title Binder ( Mortgage Title Insurance Policy Original Mortgage ~ Owners Title Insurance Policy ~ Original Warranty Deed ( ) Check(s) # S # $ # $ ) Endorsement Other ( ( The opportmri ty to be of service to you is always appreciated. If we can be of any further assistance to you, please do not hesitate to contact our office. Very truly yours, STEWART TITLE COMPANY OF CLEARWATER, INC. c~ ~ ALTA Owner's Policy - Form B - Amended 10-17-70 'C__... _! ,(./ (- POLICY OF TITLE INSURANCE ISSUED BY 89040036 STEWART TITLE GU ARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COV~~AGE, THE EXCe~TIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS Ai.~p STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas,h~l'ein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding tht 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 2. Any defect in or lien or 3. Lack of a right of access to and 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart duly authorized officers as of Date of ~~ '-ht~ Chairman of the Board CO~ 8f1~_~ Authorized Signatory Company City, State than as stated therein; ~1:his policy to be signed and sealed by its EXCLUSI.8;"fl~M~VERAGE ART rrITLE GllC&lU.NTY COMPA.NY eJ~/;7~ President 5;anuif)' <~/ COlf!Uld The following matters are expressly excluded from the coverage of this policy: 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 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, 001B Page 1 of 0 9902 Pol!cy . . Senal No, 492313 --,+;-~~~......-~~ 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 Schedule-A:,andimprovements- 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 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 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- VEY ANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in - force in favor of any-purchaser from such_ insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS- NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defifriseis interposed as set forth in (a) above, Oi) in case kno'wledge shall come to an insurecJhereunder of any claim of title or interest which is adverse 10 the title to the estate or interest as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy or, Oii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insufed under this pol icy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost tc institute and without undue delay prosecute any action 01 proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be-l iabtFLtmreurTder; and shall '1Wt- 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 insu red 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 LInder 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 TO PAY OR OTHERWISE SETTLE CLAIMS The Company 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 Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred'up to the time of such paymenlor tender of payment, by the insured claimant and authoritd by the Company. (continued and concluded on last page of this policy) ". ',' ALTA OWNER'S POUCY - Amended 10117170 I J mls SCHEDULE A Order NOg 9 0 4 0 0 3 6 Policy No.: 0 -99qfg 2313 Amount of Insurance: t!:' () ') n 00 ....) ,,),- ~..1. Date of PolicyMay 17, 1989 1. Nameoflnsure<CTTY OF CLEARWi\TER 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in: CITY OF CLEARWATER 4. The land referred to in this policy is described as follows: Lot 10, JANIE DANIELS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of PINELLAS County, Florida. 0012 50M 4-86 Page 2 STEWART TITLE GUARANTY COMPANY ........,... AI... TA OWNER'S POLICY Order No. 89040036 I I SCHEDULE B 9902 Policy No.: O~-492313 This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: delete 1. ~~Ia. X 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. delete 4. xrm:~X!X~~~~ i~~~~~. 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 including 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 89 and thereafter. 2113 (Rev. 6-87) Page 3 Sr.I"F~WAR'r '1' rrL]~: GUARANTY COMPANY ...-..~ lONDITIONS AND STIPULATIONS ContinuJ (continued and concluded from reverse side of Policy Face) 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accord- ance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against 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 su it without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as Valid Only If Schedules A and B are Attached. if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or val idating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. O. Box 2029, Houston, Texas 77252. 14. The premium specified in Schedule A is the entire. charge for acceptance of risk. It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued. S~"'EWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY , ,'. ~ ~ -- --- -- ~. -+- " ,,\ Saner!IY or Camracl STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 .. -" POLICY OF TITLE INSURANCE - --- ~ --- --- -+- --- --- -+- ....~" CONTRACT FOR SALE AND PURCHASE ~AR/FAR Form No 2 PARTIES: Jimmie L. Newton, Jr. a~ Patricia Newton I ,as "Seller". of 203~South Madison Aven;"l, Clearwater Florida 34616 J (Phone No Phone -, ....... City of Clearwater, Florida' - ), , as" Buyer", of Post Ofhce 4748, Clearwater, Florida 34618 (Phone 813462-6638 ), hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions WHICH INCLUDE the Standards For Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to as "Standard(s)". and I. DESCRIPTION: (a) Legal description of real estate located in pinellas County, Floridll: Lot 10, Janie Daniels Subdivision, according to the map or plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of pinellas County, Florida. (b) Street address, if any. of the property being conveyed is (c) Personal property included: None 203 -i South Madison Avenue II. PURCHASE PRICE: , . , . , . . , . . . . . . PAYMENT: (a) Deposit(s)to be held in escrow by ~ ~~ 000, . . . . , , . . . . . . , . , . . . . . . . . . , . . . , . . . . . . . , , . . . . ..$ ...J4.;-800. eo ~ ~ #Ll.. in the amount of. .., ,$ N/A (b) Subject to,.AN D assurnptionC)f.Mortqage i!, fevor of bearing interest at % per annum and payable as to principal and per month, having an approximate present principal balance of, . ,. $ interest $ N/A (c) Purchase money mortgage and note bearing interest at principal amount of , , , . . . . . , . . . , . . , , . . . % on terms set forth herein below, in the TOTAL .$ $ .$ ,$ N/A N/A 3.4,800.08 .34,80G.OO S~t1 -:t.s;O~o. oo~ .3~~ oCX>,OO :s_ , ,-m; (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 loa?, this Contract for Sale and Purchase, hereinafter referred to as "co"f.'act", is condition1. upon the Buyer Obtaining a firm commitment for rAd loan within n{ a days from date hereof, at an interest rate not to exceed n a %; term of n a years; and in the principal amount of $ n . Buyer agrees to make application for, and to use reasonable dili- gence to obtain said loan. Should Buyer fail to obtain same, or to waive Buyer's rights hereunder within said time, either party may cancel Contract, IV, TITLE EV IDENCE: Within 20 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 !X(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 offer is not executed by both of the parties hereto on or before April 10, 1989 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. or before VI. ~LOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on" 15tl1lay of 19 8 , unless extended by other provisions of Contract. VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: 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 lines and are not more than 10 feet in width as to the rear or front lines and 7)1, feet in width as 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 May provided, however, that none of the foregoing shall prevent use of the property for the purpose of Commerc ial VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if property is intended to be rented or occupied beyond closing, ths fact and terms thereof shall be stated herein. and the tenant(s) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of property at time of closing unless otherwise specified below. If occup';~~y is to be delivered prior to closin'g':'lriJyer as!IUmeS all riSK of loss to property from date ofoccu. 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 taking occupancy unless otherwise noted in writing. IX, ASSIGNABILITY: (CHECK ONE) Buyer Dmay assign [XJ may 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: 1. The Buyer will arrange \.b f7 L L-, "-:?o; <"I "It.:;.-vD The Sell~ agrees to for Title Insurance and pay for the Tit~e Insurance Policy~S ~ '-- tv PIC r// 2. ---------------- fel\; JGN THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIO R TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TORS AND THE FLORIDA BAR \. . Copyright 1978 by The Florida Bar and the Florida Association otREAI:TORS. Executed by Buyer on' .I.f. CITY ~L~WATE,' By: -xl ~ City Mana6~r~ :;;....~ . -'a~,)--:-- Attest: 4r~' -.0", ~-Clerk, ~ ~- - _ (BuY_~Jf~>-_-- Executed by Seller ~n ~". -', "_:' -, <_c_, (SEAL) Countersi (SEAL) ~~~- on, Jr. (Seller) (SEAL) (SEAL) By; --~ BROKERAGE FEE: Seller agrees to pay the ,e reel 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 for his services in effecting the sale by finding a Buyer, ready. willing and able to purchase pursuant to the foregoing Contract, In the event Buyer fails to perform an it(s) is retained, 50% thereof, but not exceeding the Broker's fee above computed, shall be paid to the Brokar, as full consideration for Broker's services inCluding costs ded by Broker, and the balance shall be paid to Sellar. If the transaction shall not ~ee.o~use Of, l'6fusal o:;failure of Seller to perform, the Seller shall pay said fee ~iI/;)JtJ/[9 (SEAL) r r 0 - - i-Name of BrOker) :) ~ 0 I ~/~ ~ #- {J IN:" .~, ~t(lfl'l of Florida -.._~~ .,- ~r-3''d //1 "'Co~lOli"i,m :':!:pir" Cee. 10, 1991 ~EV.: 7/78 - '. " f 1) ,0 6> ~ A~,~.d~d :"/'u Tro~n'"lnsurQn<. In. 7ff!!.. y- r'fl./!/L./r:!... / -J IJm ~ t:' (e (' t:.-'I;:........ ~rr.' (SEAL) (SEAL) (Selle~ _.~ STANDARDS FOR REAL ESTATE TRANSACTIONS A, EV I DENCE 0 F TITLE: lIT An ~ of title pr~pared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an eXisting fIrm) p-u-,p,ortlng to be an accurate synopsIs of the Instruments affectrng the title to subject real property recorded In the public records ot the county wherein the land i, sit,uat"d, through date of Contract, An abstract shall commence with the earliest public records, or such later dete as may be customary in the county wherein the I"",""d rnitu~-"d. sel,ler shall co~ marketable title in accordance with Title Standards adapted from time to time by The Florida Bar, subject only to liens, en~umbrances, exceptions or qua~ OleIorth in this Contract and those which shall be discherged by Seller at or before closing. Upon closing of this transaction such abstract.hall become tM klUBuyer, subject to the right of retention thereof by first mortgagee until fUlly paid; or C2..I a title insur- ance commitment issu~d by' a g_l!alified title insuror agreeing to issue to Buyer, upon recording of the deed to Buyer, an Owner's policy of title insurance In the amount of the purch"... prlce, Lnsuring title of the Buyer to the real property, subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and'those whk'h shall-be diSCharged by Seller at or before closing, Buyer shall have 30 days, if abstract. or 5 days, if title commitment, from date of re- ceiving evidence of title to examine same, If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If said defect(s) render title unmarketable, Seller shall have 120 days from receipt of notice within which to remove said defect(s), and if Seller is unsuccessful in removing them within said 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 wh ich shail 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: Seiler shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment, interest rate and whether the mortgage(s)~ in goad standing, If a mortgage requires approval of the Buyer by the mortgagee in ord~ to avoid default, or far assumption by the Buyer of said mortgage, and W the mortgagee does not approve the Buyer, the Buyer may rescind the Contract, or LlJ requires an increase in the interest rate or charges a fee far 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 diligence 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 far right of prepayment in wh ale or in part without penalty; 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; provided, however, Seller may only re- quire clauses customarily found in mortgages and mortgage nates 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 encumbrances in goad standing and forbid the owner of the pro- perty from accepting modifications of or future "dvances under prior mortgage(s). All personal property being conveyed wH~,..at aptian of Seller, be subject to the I ien of the mortgage and evidenced by recorded Financing Statements. . D. SURVEY: The Buyer, within time allowed far delivery of evidence of title and exemination thereof, may have,;he_ !'lrop"rtY~'Jrveyed at his expense, If the survey, certified by a registered Florida surveyor, shows any encroachrnent on said property or that imp'rovenH:'!nts;iiien_deatQ b!1 {(~c2--r.e..d..0.~.~t pr,=,perty-tn fact encroach on, I~nds_ of ot.!"e~s. or ~iot~~e any of t~a ~o('ltract ,,:oven.:n~t:;. the Siirnu. :iha~~ear{e~ as a" r.J.!re",,:1,ef"ect. .A:ny s~rve.., ,p".:2rJ.9.r~ in connection with or as a .::':'t1sequence"of trH:a ~ra.,sactlon may Include a deSCription of the property under the Flonda Coordinate ,~:tn as ~ef4n~d.ln Cha~~;,7Tr Florida Statutes. E. TERMITES: The Buyer, within time allowed for,delivery of evidence of title and examination thereof,~r no Lil.t;!'P'"than 10 day! !Srior to closing, whichever date occurs last, may have the improvements inspected at Buyer's expense by a Certified P-est Control Opecto.-r to dEf+@rlTlinl:r""tf:"let:her i;,~re is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If Buyer is inform..o ~f either ;.irbothof the fOregoing, Buyer will have 4 days from date of written notice thereof or 2 days after selection of a contractor, whichever occurs first, wit"in whict) to have all dam~, .'vhether visible or not, in- spected and estimated by a licensed building or general contractor. Seller shall pay valid costs of treatme'nt and .re~jf 6f'all damaile up to 1Y,% of Purchase Price, Should such casts exceed that amount, Buyer shall have the option of cancelling Contract within 5 :itaV'! after.r,Jaceipt bf cont('actor'~ repair estimate by giving written notice to Seller, or Buyer may elect to proceed with the transaction, in which event Buyer shall r~eive a ~redit at CIO$t'1&......M 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 lea-ses and ~9!oppel letters from each tenant specifying the nature and duration of said tenant's .occupancy, rentasetes and advanced rent and secu~ity deposits paid ~v,.t)!nant, I n the event Seller is unable to obtain such latters from each tenant, the same Informat,on s~a furnished by Seller to Buyer Within said tlm" penod In the fQrm of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such informa '0 eller shall deliver and assign all original leases to Buyer at closing. H, LI ENS: Seller shall, both as to the realty aQd ~ . sonalty being sold hereunder, furnish to Buyer at time of closing an affidavit attesting to the absence unless otherwise provided for herein, of any financi')~atements, claims of lien or potential lienors known to Seller and further attesting that there have been no improve- ments to the property far 90 days immedi,~(i>lY preceding date of closing. I f the property has been improved within said time, Seller shall deliver releases or waivers of all mechanic's lie,ns, executed by gene,~1 ~'<;ontractors, sUbcitractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontrac~(suppliers and rrJ..E ialmen and further reciting that in fact all bills for work to the subject property which couid serve as a basis for a mechanic's lien ,have been'j;/liaid or will be paid';i closing. I. PLACE OF CLOSING: Closing shall be held in c,~ty wherein pro~ty is located, at the office of attorney or ather closing agent designated by Seller, J. TIME: Time is of the essence of this Contract~y reference her,ein:'k>. time periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun- days and legal holidays, and any time period pr~d for herein ~j'tijh"Shall end an a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full business day, ~i .,.' 4.11' K, DOCUMENTS FOR CLOSING: Seller shall furnish deed, m~anic's lien affidavit, assignments of leases, and any corrective instruments that may be required in connection with perfecting the title, Buyer shall furnish closi~tatement, mortgage, mortgage nate, and financing statements. L. EXPENSES: State surtax and documentary stamps ~..rare required to be affixed to the instrument of conveyance, intangible tax on and recording at pur- chase money mortgage to Seller, and cost of recordi~rf( corrective instruments shall be paid by Seller, Documentary stamps to be affixed to the note or nates secured by the purchase money mortgage, cast of recow,g 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 far maximum allowable discount and homestead or ather exemptions if allowed far said year. If closing occurs at a date when the current year's millage is not fixed, and current year's - 8~seScsn"le.r~:--i.~- <3...:-~l~iJ,'b:-.;..:. ~G:'-),~~ -71'-,,';i:.-bc:' pra,Q~B.d ;:)~:i~' r...;~~h" e-Y~i'j""l""..:;r1':,'.:"lnd -t:hu.'l.J'ijG~~i l'''tj~;"-H l..~..,..,.,.-.ent "Y-:;O..... ~ ClS$'~$li-nTe'rrr--rs j'i1;;ri;'Jva-ilci'ol-o. tho-r: tQ,"~S vviii be prorated on the prior year's tax; provided, however, if there are completed improvements on the property by January 1st of year of closing, which improvements 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 to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser far an informal assessment taking into consideration homestead axemption, if any, However, any tax proration based an an estimate may at request of either party to the transaction, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is set forth in the closing statement. 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 end Seller shall, at closing, be charged an amount equal to the last estimate by the public body, of the assessment far 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 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, 'Nhichever is first, Unless Buyer reports failures within said period, he shall be deemed to hava waived Seller's warranty as to failures not reported, Valid reported failures shall be corrected at Seller's cast 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 ather 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 cast 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 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, 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 pooi, 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 c.learance of funds and evidence of title continued at Buyer's expense to shaw 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- 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 detect. In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefor end 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 Selier 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 far 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 dOSing a commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect dttri.t.llJi.abia 'co-es.--u-''I''6i''-'--'inol't9Ciidvl, - --"--'--'..- S, ESCROw: Any escrow agent receiving funds is ""morized and agr!)es by acceptance thereof to prornotly deposit and to hoid same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of COr'ltra'ct. 'F<-;ilure of cleari!fl.ce of funds shall not excu".e performance by the Buv~r. 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, ,:ontinue toho.ld ,the mon'es Which are the subject of this escrow until the parties mutually agree to the disbllrsement thereof, or until a judgment of a court at competent Juns~lctlon 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 at the County having jurisdiction of the dispute, and upon notifying ali parties concerned of such action, all liability on the part of the escrow agent shall fully termonate, exc~Pt to the extent of accounting for any monies theretofore delivered out of escrow, If a Iicen-:ed real estate broker, the escrowee Will con'lply 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 matter of this. escrow, the escrow.a.gent shall b~ anti~led to recover a r~asonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs In .favor ~f the pre~alllng party, All parties. agre.e that the escrow agent shail not be Iiabie to any party or person whomsoever far misdelivery to Buyer or Seller of monies sublect to thiS escrow, unless such misdelivery shall be due to willful oraach of this Contract or grass negligence on the part of the escrow agent. T ATTORNEY FEES AND COSTS: In connection with any litigation including appellate proceedings arising aut of this Contract, The prevailing party shall be entitled to recover reasonable attorney's fees and casts, '-I. ClEFAUL T: If Buyer fails to perform this Contract within the time specified, the deposit(s) paid by the Buyer aforesaid may be retained by or far the ,account of Seiler as liquidated damages, consiceration for the execution of this Contract and in full settlement of any claIms; whereupon all parties shall be relieved of all obligations IJnder.the Contract; or Seller, at his option, may proceed at law or. in equity to enforce., his legal righlS_uf1der this Contract. If, for any reason other than failure of Seller to render his t,tle 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 deoosit(s) without thereby waiving any action far damages resulting from Seller's breach, V. CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contract nor any notice thereof shall be recordeo in any oublic 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 ali. 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 ather exoenses and revenue of said property shall be prorated as of date of closing. Buysr shllll have the option of taking over any existing P?licies of ~nsuranc~ on the property, if.assumable, in which ,:vent premiums shaU b~ pror~t8d. The cas,", at clOSing shall be increased or decreased as may be reqUired by said proration;. All references In Contract to prorations as of date of clOSing Will be deemed "date or 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 he~eof. ~;~~:i~~op::::~a~::T::e ::ue::i:: ::Y::e::Jo::::e:e::s a:r a~::~::n:~~,::'.S:I:a~i:e w:ir~:~:: ~::,le:.::bJ:fctt:: S:::t:::n:::e~oaYu:~e:sthi:c:':::::::d~: This Contract. No modification or change in this c/:}tract shall be valid or binding up"" the parties unless ". Wilting, executed by the part,es to be bound thereby. -~ ..