JIMMIE LEE AND PATRICIA NEWTON
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WARRANTY DEED
I~:I'VID. Td"' INDIVID
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89040036
RAMCO FORM 01
Jhis Warranty lllr~d Mude III('
15th
duy of
May
A D. 19 89 by
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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:
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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.
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Parcel Number 15/29/15/20286/000/0100
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"AM.EEHf'.tlt8lAKER
CLERKOfCtRCun COYR r
?INEtLAS COUNTY. rL,
8SMAlll PH 1: 21
Docllm~ntary Tax Pd.IY~-~ --.
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By ___-:-_ :______...... ,. ",JJ,'i.... '" k.
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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'.......
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...... .... ~./,tP":':""''''''''''''''~..................m
STATE OF FLORIDA (
COUNTY OF PINELLAS \
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"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:
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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__... _!
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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
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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.
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