LEONARD BURRELL
j;
!
. WAUAN1Y DEED ~.~ 7 2 8 5 r. 7RL Meo FORM 34
!'ROM INDIVIDUAL TO CORPORATION . Lt r
,
O. R, 6 6 ~ 3 PAGE 14 {) "
~'
Jhis Warranty llttd Made the
LEONARD BURRELL, a single man
hereinafter called the grantor, to
13th
day of
November
A. D. 19 87 by
THE CITY OF CLEARWATER
a corporation existing under the laws of the State of FLORIDA
address at P.O. BOX 4748, CLEARWATER, FLORIDA 34618
hereinafter called the grantee:
, with its permanent postofFice
(Wherever used herein the terms "grantor" and "grantee" include aU the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witntsselh: That the grantor. for and in cons ideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas
County, Florida, viz:
.~- ".,.J.8 ~d 19, JANIE DANIELS SUBDIVISION, according to the
". '.' e~."-' dEiP in Plat Book 5, Page 23, of the Public Records of
. 'IOtld
. .." 'IE
~. ";'~ En
'-'t ., ~ fin
~ ^" ,.
'J.' ....,.,;;
.~ ,~'~,~~ r--
:3 ..i.~ =-
-... c.~:!! C>>
Sill1jec~o easements and restrictions of record.
Subject property is not the homestead of the grantor, herein.
Plat thereof, as
Pinellas County,
i:4 1l(960810 73
qO
41
TOTAL
1.
-rN08"r
~~ ..;; .
i4S
.,:
.::.y
.C..' ....
.I....lL,r.!
CHI(
Jogtthtr with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
J 0 Jlavt and to Jlold, the same in fee simple forever.
Rnd the grantor hereby covenants with said grantee that the grantor. is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said [.,md; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31. 19 87
In Wltntss lltlfhtrtof, the said grantor has hereunto set
first above written.
s,gn"~;n8~:~r~i~~~i. .ARQ...!IDAAEU..........................................
........~r~-'31"'..",___ m........................m.mmm.mm.mmm.
YOOK 4F Feo ,~:z;I;
STATE OF ~
COUNTY OFe1J1~v<j --. B7f;J
Total I HEREBY CERTIFY that on this day, before me, an
hand and seal the day and year
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
LEONARD BURRELL, a single man
to me known to be the person described in and who executed the foregoing instrument and
before me that he executed the same.
he
acknowledged
WITNESS my hand and official seal in the County,and State last aforesaid this /'
November ..,i~*,?l):f9 87 . . lli <:-. J-Q.
':'~'.'~~.. 1...[)";'~'" tary Tax pd. $. .,.-h ...),... ..,.;:A.
. ".,,: I"'."'" ocumen. . . ~
;';>.J;lW';'~' . lntanuible. Tax Pl!. t /7. C"'"#'/? b'_
,.::"".,:.>'" $.................... " C- /~~
Karl.8...e. ...r.l.....F. ...........y?.. e Uia! L Clerk, Pine.llas. . CO...\.In.1'f 'h ." 'h"OUh"..""....'...h......h...... m.h....."...........h..h.......h.....h........
':.\ -~~):i~i',:~:f~'" .......,.. r.},pi:ty c:k.rk NorARY PUBLIC, STATE OF NEW YORK
..- D~1::' l. ~.
'T'Z' T lb' JGUll PUU)<, SlA1 01 '.11 '-
.1 illS .1nstrument prepam ry,' STACEY L. ROBEY Mil. ~', :j.:H
Of!.,; ~ ~A.ild 'V1J, STEWART TITLE COMPANY OF CLWTR.
f.? j ress 11D~1290 COURT STREET
0,. '. LA-. ./ CLEARWATER, FLORIDA 34616
'J~
tt::tC.~ I hi
.' tt7.:Ji 11/;<'-187
/1'~
day of
. )f;l'.!.,cl>!nr.,
r" .tSr
I,)~DI&'-Ob ('i)
-,. ....
I
40
I
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk J1,/
M. A. Galbraith, Jr., City Attorney p"
Purchase from Leonard Burrell (Lots 18 &: 19, Janie Daniels Subdivision)
(For future development)
FROM:
SUBJECT:
DATE:
December 15, 1987
The subject purchase has been completed and enclosed are the following documents:
Settlement Statement
Title Commitment #C-9912-237472 issued by Stewart Title Guaranty Company
Title Insurance Policy #~9902-68769 issued by Stewart Title Guaranty
Company
Copy of Survey
Contract for Sale and Purchase
The original recorded warranty deed dated 11/13/87 was previously given to you by
James Hensley.
MAG:jmp
Enclosures
cc: Dan Deignan, Finance Director w/copy of Settlement Statement
RECEIVED
DEe 16 1987
Cl'f.X CLERK
,
._w,)~.
.. - :"".
I
I
Form Approved
OMB No. 63-RI501
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. o FHA 2. o FMHA 3. o CON V, UNINS.
4. OVA 5. o CONV. INS.
6. FILE NUMBER 17. LOAN NUMBER
87100038
8, MORTG.INS. CASE NO.
SETTLEMENT STATEMENT
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
"(p.o.c.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER E. NAME OF SELLER F. NAME OF LENDER
CITY OF CLEARWATER LEONARD BURRELL CASH TRANSACTION
G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT OATE:
LCYl'S 18 & 19, JANIE DANIELS STEWARl' TITLE m1PANY OF CLEARWATER, INC.
SUB. 11/17/87
PLACE OF SETTLEMENT 321st day of year
1290 COURT STREEl' , CLEARWATER, INC. 44 days remain
J. SUMMARY Of BORROWER'S TRANSACTION K. SUMMARY Of SELLER'S TRANSACTION
100, GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price 26.400.00 401, Conlract sales price 26 400.00
102. Personal property 402. Personal properly
103, Settlement charges 10 borrow (line 14(0) 411 ?O 403.
104, 404,
105, 405,
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106, City/town taxes 10 406. City /town taxes to
107, County taxes to 1iJ7. Counly laxes to
-...- ,-
108, Assessments to 408. Assessments to
109 to 409. 10
110, to 410. 10
111. to 411. to
112, to 412. to
120, GROSS AMOUNT DUE FROM BORROWER: 26,831.20 420. GROSS AMOUNT DUE TO SELLER: 26.(400.00
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201, Deposit or earnesl money 501. Excess deposit (see instructions)
202, Principal amounl of new loan(s) 502. Settlement charges to seller (line 1400)
203, Existing loan(s) taken subject 10 503. Existing loan(s) laken subject to
204. 504. Payoff of firsl mortgage loan
205. 505. Payoff of second mortgage loan
206. 506, 1 qR7 RF.AT, 254!79 _
207, 507.
208, 508,
209, 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. Cily/town laxes to 510, City/town taxes to
211. Counly laxes to 511. County taxes to
212. Assessments to 512, Assessments to
213, 10 513. 10
214. 10 514, to
215. 10 515. to
-,
~.oj _____;:.l
~LDL
.
!!II
L. SEnLEMENT CHARGES
700, TOTAL SALES/BROKER'S COMMISSION Baaed lIll price 1
Division 0' commission (line 700) as 'ollows:
70U
702,$
703. Commission paid at settlement
704,
BOO,ITEMS PAYABLE IN CONNECTION WITH LOAN,
801, Loan Origination fee
802, Loan Discount
803, Appraisal Fee
804, Credit Report
805, Lender's inspection fee
806. Mortgage Insurance application fee
807. Assumption Fee
808,
809,
810,
811,
to
to
901.Inlerest from
900. ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE,
to
902. Mortgage insurance premium for mo, to
903, Hazard insurance premium 'or yrs. to
904, yrs, to
905,
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002, Mortgage insurance
1003, City properly taxes
1004, County properly taxes
1005, Annual assessments (Maint)
1006,
1007.
1008,
1100, TITLE CHARGES:
1101. Settlement or closing fee
1102, Abstract or title search
1103, Title examination
1104, Title insurance binder
1105, Document preparation
1106, Nolary fees
1107. Attorney's fees to
(includes above items No,:
1108, Title insurance
(inc/udes above items No,:
1109, Lender's coverage
1110, Owner's coverage
1111.
1112,
1113
to
to
to
to
to
to
to
to
0/0
0/0
10
to
to
@
%=
@$
/day
mo,@$ per mo,
mO,@$ per mo,
mo,@$ per mo,
mO,@$ per mo.
mo@$ per mo,
mo,@$ per mo,
mo,@$ per mo,
mo,@$ per mo,
'T'T'l'f .F.
+ TAX
$
$ 26 400 00
1200, GOVERNMENT' RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 6,00
1202, City/county laxlstamps: Deed $
1203, Stale tax/stamps: Deed $ 145 .20
1204
1205.
1300.ADDITIONAL SETTLEMENT CHARGES
1301, Survey
Mortgage $
Mortgage $
Mortgage $
to EVANS
Releases $
.
.
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
PAGE 2 OF OMS No. 2502-()265
PAID FROM
SELLER'S
FUNDS
AT SETTLEMENT
'>,co": ""'"",:?:C:F
I":h:",.': ,::,~
,,:,;,..m
>' ,;';:J:J~!'l:1
:,;' , T'I
:;::,:~
~~
~~
6.00
145.20
POC
,
,
. ~___"AomeriCan Land Title Association Commitment - 1966
f"';' ,
SIR
,-
COMMITMENT FOR TITLE
ISSUED BY
s'"rEWART TITLE
GUARANTY COMPANY
.- ---- -- _._.__._----_._'--~'~':-.,.-:-:--:----;. ----~-".,..~~--'::-:....-
-~
" f-..
I=~~~-RAN!E
--- ----- ~- -~--- --~--- --- - ~--- .,,-
------.---------------.. ....--...------. ----.., -
87100038
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective8nrY)III~entpejdehtity of the proposed Insured and the
amount of the policy or policies comrn)ttedforh~vebeeninserted in Schedule A hereof by the
Company, either at the time of theissuance<ofthisCqrnmitment or by subsequent endorsement.
This Commitment is preliminary tothejssuanceiofsuchp()rI~Y8r policies of title insurance and all
liability and obligations hereunder shall ceaseandt,~rmjnate six months after the effective date hereof
or when the policy or policies committed fOr shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title GuarariWCompany has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
~~~~
GUARANTY CO!llPANY
Chairman of the Board
Countersigned:
By 7f8t~
Authorized Countersignature
Serial No. C. 9 912. 2 3 7 4 7 2
005N Rev. 3/78
25M 1-86
eJAauI-?l7~
President
__ . _ .. on _ n.__ __._"___ ______._..__.____._._____________..._.
_. ._.___ _________._n_.___________....____ ___n_
,,:;:. _..---"" ,_CO'
.
~
-. '
SLR
I
I
SCHEDULE A
Commitment No.
C-9912-237472
Effective Dijte of C,OOlmitTIU11:7
November U~, ~tl at 5:00 P.M.
Your No,:
87100038
Prepared For:
Inquiries Should be Directed to: STACEY L. ROBEY
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(a) [il AL TA Owners Policy 1987 $
26,400 00
Proposed Insured: CITY OF CLEARWATER
(b) D AL TA Loan Policy 1987
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
LEONARD BURRELL, joined by his spouse if married
4
The land referred to in this Commitment is located in the Co~nty of P INELLAS
State of FLORIDA and described as follows:
Lot 18 and 19, JANIE DANIELS SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 5, Page 23, of the Public
Records of PINELLAS County, Florida.
Page20f 3
STE'\'VART TITLE
2552 IRev, 6/871
GUARANTY COMPANY
~ ~"'---.. .-
J
'"..
..
SCHEDULE B
ORO\R NO;
87100038
Commitment Numb~,-- 9 912 - 2 3 7472
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
record.
Warranty Deed to be executed from LEONARD BURRELL, joined by his
spouse if married to CITY OF CLEARWATER .
II. Schedule B ofthe policy or policies to be issued will contain exceptions to the foliowing matters unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claim; or other matters, if any, created, first appearing in the public records or
attaching subsequent tothe effective date hereof but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon co\, Hed by this Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor
inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(f) Any titlesorrightsasserted 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.
3. Special Exceptions:
(a) Taxes,
Subject to Taxes for the year 1987 and subsequent years, which
are now due and payable. Parcel No. 15-29-15-20286-000-0180
Gross Tax $301.62.
4. Subject to any lien for municipal improvements or services to
captioned land which has not been filed for record in the office
of the Clerk of the Circuit Court of Pinellas County, Florida,
and any and all outstanding assessments projected or to be
projected, if any.
5. Subject to water, sewer, or garbage removal service charges, if
any, due and payable to a municipal authority.
6. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
7. Title to any furniture, furnishings, fixtures, or chattels or
personal property located in, to or upon the land described in
Schedule "A" hereof.
8. Subject to unrecorded leases and/or options to purchase affecting
subject premises.
2153 (Rev, 3/801
Page 3 of 3
STEWART TITLE
GUARANTY COMPANY
....-- ----;:. ',P
".
, '
I
I
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deeCl, or
other security instrument.
12. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule 8 hereof, and shall fail to disclose such knowledge to the Company In
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule 8 of this Commitmeht
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulatitmsi
31 Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition ofl nsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. lrl
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions ahd
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
~. Any action or actions or rights of action that the proposed I nsured may have dr
may bring against the Company arising out of the status of the title to the estate or'
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE"W'ART TITLE
GUARANTY COMPANY
r '
.
IT
COMMITMENT
FOR
TITLE INSURANCE
-
Suncriiy oj Contract
-
I ssued by
S~"EWART TITLE
GUARANTY COMPANY
I
I
',~~ 'E::l
~~
..\,
Sanctity 0/ Contract
STEWART TITLE
~ '~~.~..~i.~
RONALD (Ron) E. SOMERS
President
BONNIE J. MUELLER
Pasco Manager
1290 Court Street
P,O. Box 2756
Clearwater. Florida 33517
(813) 441-2689
1224 South Boulevard
New Port Richey. Florida 33552
(813) 848-8577
THE CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER , FLORIDA 34616
ATTN: JIM HENSLEY
November 24, 1987
Please include our file No. on all Correspondence:
RE:
OUR FILE # 87100038
Dear
SIR,
Enclosed please find the following documents in connection with the
above mentioned property:
( ) Title Binder
( ) Mortgage Title Insurance Policy
( ) Original Mortgage
(X) Owners Title Insurance Policy
( )
( )
( )
Original Warranty Deed
Check #
$
Other
Please be sure to keep these documents in a safe place for future reference
or possible transaction.
The opportunity 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.
AL TA Owner's Policy - Form B - 1970 (Rev. 10-17-70 and 10-17-B4)
~~
, '.
, .
~--":
POLICY OF TITLE INSURANCE ISSUED BY
87100038
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedu Ie A, against loss or damage, not exceeding the amount of insurance stated in Schedu Ie A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A,
-b~ '-hc~
STEWART TITLE
GUARANTY COMPANY
W~/$'~
Chairman of the Board
Cou ntersigned by:
~~---
Company
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat-
ing or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now
or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or !c) above, unless notice of a defect,lien, or encumbrance re-
sulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens,
liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without
knowledge; provided, however, that without limitation, such records shall not be construed to include records in ,my of the offices of fed-
eral, state or local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured ciaimant; (b)
not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; !c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
Page 1 of 0 9922
Policy . .
Serial No,
68769
-:+:- --- ---- ---- -- -- ~ .-.--
CONDITIONS AND STIPULATIONS
1.
DEFINITION OF TERMS
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, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
I ines of the area specifically described or referred to in
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
insu red by th is pol icy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
liti'gation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy,
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as unmarketable, If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insuFed under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such I itigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred.
4.
NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage,
5. OPTIONS TO
CLAIMS
PAY OR OTHERWISE
SETTLE
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
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense i,s interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of p'ayment,"'by the insured
of"titlil or ..!bt~res~ which is adverse t the title to the estate claimant and authorizld by the Compat;ly, ." i
- t. _ -
(continued and concluded on last page of this policy) -
ALTA OWNER'S POLICY - Amended 10/17170
. / SRK', '". ..r..- . I
I
.,,-,
. '
SCHEDULE A
Order No,: 87100038
Policy No,: 0 - 990268769
Date of Policy: November 17, 1987
Amount of Insurance: $ 26, 400 . 00
1, Name of Insured CITY OF CLEARWATER
2, The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF CLEARWATER
4. The land referred to in this policy is described as follows:
Lot 18 and 19, 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
/SRK'
DELETED
DELETED
DELETED
Order No.
87100038
'ALTA OWNER'S POLICY - Amended 10/17/70
I
I
r....-i
....- ,-
SCHEDULE B
Policy No.: 0-9901-68769
This policy does not insure against loss or damage by reason of the following:
1. ~XH"xoonm~lI, ' lIMK1o~JQ>>i)~llXX
2. Easements, or claims of easements, not shown by the public records.
3. StiOOOOf.K~Ml!UUI~~<<<<~OJll~/l{~.mx)liXlXooxoonH~~)liBl1ttMBxK!:OOxoo~~XXXX
~RKK~.Ilm~~~x}OO{ioooOOlm~m.R~
4. 1m.votboonoo{JQ~umocx~~~<OOoeXOl~!l(mRK1ocNHxRR~XX
X~~~~I1UlY~~JOOf.~XXXXXX
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 inclyding 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 1988 and thereafter.
8. Subject to any lien for municipal improvements or services to
captioned land which has not been filed for record in the office
of the Clerk of the Circuit Court of Pinellas County, Florida,
and any and all outstanding assessments projected or to be
projected, if any.
9. Subject to water, sewer, or garbage removal service charges, if
any, due and payable to a municipal authority.
10. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
11. Title to any furniture, furnishings, fixtures, or chattels or
personal property located in, to or upon the land described in
Schedule "A" hereof.
12. Subject to unrecorded leases and/or options to purchase
affecting subject premises.
STEWART TITLE
2113 (Rev, 3/80)
Page 3
GUARANTY COMPANY
........~...
-.....
,. -. ~"'~
IONDITIONS AND STIPULATIONS Continu~
(conP."nued and concluded from reverse side of Polic~lace)
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 ~otice; (b) i~
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto, No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company,
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached.
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insu red claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be 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, 0, Box 2029,
Houston, Texas 77252,
14. The premium specified in Schedule A is the entire,
charge for acceptance of risk, It includes charges for
title search and exam ination if same is customary or
required to be.shown in the state in which the policy is
issued.
STEWART TITLE
GUARANTY COMPANY
\
· t
STEWART TITLE
GU ARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
i..
0/
STEWART TITLE
GUARANTY COMPANY
p, O. Box 2029
Houston, Texas 77252
--- -+-- -+- -- -+- --- -- -- --- -~
'"
POLICY
OF
TITLE
INSURANCE
of
Leonard
Post
City
Post
I CONTRACT FOR SALE AND PURCH~
- ~. lit
(!lJm IblJ. s,;
Office Box 258, Sb. Alh8Rs, New Yotk
of Clearwater
Office Box 4748,
BAR/FAR Form NO.2
,.'
PARTIES:
Burrell
, e. "Seller",
~2 /1'111
( Phone
I.
ond
(Phone 813 462-6638 I.
horeby ogreo thot the Seller ,hall ,ell and Buyer ,hall buy tho following property upon the following terms and condition, WHICH INCLUDE the Stenderd. For
Roel Esute TrensDctlons on the reverse hereof or attached hereto, hereinafter referred '-0 ~s "Standard(s)".
01
Clearwater. florida
34618
, as "Buyer",
I.
DESCRIPTION:
(a) Legal de,criptlon of real e,tote located In
Pinellas
County. Florldo:
Lots 18 and 19 JANIE DANIEL's 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 addre's. if any. of the property being conveyed Is
(c) Personal property Included: None
None
II.
PURCHASE PRICE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
PAYMENT:
(0) Dapositls) to bu held In escrow by
26,400.00
In the ernoun( 0 f. . . . . $
N/A
(b) Subject to AND assumption of Mortgago In lavor of
bearing Interest at % per annum and payable as to principal and
per month. having en oppro)(lmete present principal belence of. . .. $
TOTAL
,$
$
,$
.$
N/A
N/A
N/A
26,400.00
26,400..00
Intero,t $
(c)
Purchase rHoney rnortgage end note bee ring Interest at
principal amount of . . . . . . . . . . . . . . . . . . . .
Other
% on terms set forth hereIn below, In the
(d)
(e)
Balance to close, (U.S. cosh, certified or cashIer's check) subJect to adJustmonts snd prorations
III, FIN^NCING: If Ihe purcha,e prlca or any port thereof Is to bo,flnoncod by a third porty 1007' this Conlroct for Sole and Purchose, herolnofter re'erred to..
"Con}rect". I, condition! upon tho B'uyer Obtaining 8 firm commitment fO') s.lcJ 10lln within n_a days from detll h()r~of, ot an Inlerest rele not to eM.ceod
nLa %; term of n a yenrs; end In tho principal amount of $ n_3 . Buyer egrees to ;nllKe eppllctltlon 'or, end to u,e ree.onable dill.
gence to obtain sold loen. Should Buyer fall to obtain some, or to waIve Buyer's rights hereunder withIn said time, either party may cancel Contract.
I V. T ITL E E V IDE NC E: With in 20 doy' from dote of Contract. Seller 'hall, at his expense, deliver to Buyer or his at torney. In accordance with Standard A,
olthor (C H EC K) 0 (1) or 5il ! 2): (') ab,troct, or (2) title Insurance commitment with fee owner's title policy premium to be paid by Seller .t clo,lng.
V. TIME FOR ACCEPT~NCE AND EF FECTIVE DATE: If this off~r I, not executed by both of the partie, hereto on or before October 20. 1987
the afores81d deposit(s} shall be, at the option of Buyer, returned to him' and this oHer shall thereafter be nu"f1 and void. The date of Contract shall be the dete
when the lost one of tho Seller and Buyer has signed this offer. ?() ~ after executed bv City tut m late]
VI. CLOSING DATE: This transaction ,hall be clo,ed anA the deed o':d other closing papers delivered tha1 1st day of DECEMBER ,
19 87. ,unless extended by other provi,ions of Contract,
VII, RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer sholl toke title subject to: Zoning. reSlrlctlons. prohibillons and other requirements Impo.ed by
governmentsl authority: Restrictions and moltors appearing 6n the plat or otherwise common to the subdivision; Public utility CS50nlcnts of record, (provided 181(:J
easements 8ro located contiguous throughout the property lines and ore not more than 10" feet In wIdth as to the rear or front lines end ?VI feet In width as to the
Ilde lines, unless othurwlsC! specified horein); Ta)(es for year of closing and subsequent years, assumed mortgages and purchase money mortgBgcs. If Bnv;
other: None .
provided, however, that none of the foregoIng shall prevent USe of the property for the purpose of
Commercial
VIII. OCCUPANCY: Seller represents that there ere no parties In occupancy other than Seller, but If property Is Intended to be rented or occupied beyond
closing, the feet and terms thoreof shell be Itated herein, and the tenant's) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of property
8t time of closing unless otherwise specified below. If occupancy I' to be dellverod prior to closing, Buyer duume. elf rI.k of loss to property from de.e of OCCU"
pancy, shall be responsible end liable for molntenance thereof f,orn said date, 8nd shall be ceerned to hs\.:c accepted tho property, r@8r. and personel. In It. oxlstlno
condition a5 of time of tak Ing occupancy unless otherwise noted In writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omoy assign Ga may not assign, Contract.
X. TYPEWRITTEN DR HANDWRITTEN PROVISIONS: Typewrltton or hondwrltten'provlslons Inserted herein or attached hereto oS Addenda .h.1I control
all printed provisions in conflict therewith.
XI. SPECIAL CLAUSES:
1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy
and State Documentary Stamps on the Deed.
2. The Seller agrees to not withdraw this offer to sell prior to October 20, 1987.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FU LL Y UN DERSTOO D, SEEK THE ADVICE 0 F AN A no RN!:Y PRWR J.g-SIG NI NG.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TOfiSAND THE FL:ORIDA 8AR
Copyright 1978 by The Florid. Bar and the Florida Associatlonof-REt\.I.T'cdRS
Deposlt(') under II
Dm~ (. n lUll
"'III ;gall ,.
.. ... 41-4 112125
(a) received; if check. ,ubject to cleor~... I
__1ft D~ C~
'- FmfrM !I 1
uyer or: -'.:;'0 r ~ J ~i .:_~
TY or l[(\~A TE.ft,~(ffil ~: .'...... (
~./~c=- . .' , ~ ~)lii"\AL)
,City ana9irr -.------C'.~ -tJ · ~ )
Attest. \. 'A T'"""'~ <._-"..",;:N~ IJ c.u.o... AL
City Clerk IJ (BuY,Qr~'
~::;:e~A4d/
Leonard Burrell
Countersi
A roved as
(SEAL)
(Seller)
(SEAL)
(Seller)
By:
(E,crow Agent)
BROKERAGE FEE: Seller Dgrecs to pay the registered reol estato Broker nDrned below, at tlrne of closing, frOln the dlsburscrnants.of the proceedl of lale, com.
ponsetion In the amou~'It of % of gross purchase price for his services In effecting the sale by findino a Buyer, ready. willing and oble to purchlls.e pursuant
to the foregoing Contract. In the event Buyer falls to perform end deposit(s) Is retained, 50% thoreof, but not exceeding the Broker's fee above computed, shell b.
pold to tho Brokor, as full con,iclerotlon for Broker', ,ervlces including co,ts ex ponded by Broker, and tho balance sl1all bo poid to Seller. If the trensoctlon .holl not
be closed because of refusal or failure of Seller to perform, the Seller sholl pay said foe In fvll to Broker on demand.
QC'. ROkJ
F 0nM1-'tL
Of2lut~
(SEAL)
(SEAL)
(Nome of Broker)
I ~llg/87
(Seller)
(SEAL)
::;IANUAItU~ FUll ilEAL ESrArE TItANSACTIONS
A. E V IDE NeE 0 F T J 1 L e: [j] ^ 11 JlU..HI..iIJa of tJ II c prepilreu or brou9h t cu ,-rcnt by a repu lnble nhd ex-is'ling alJslr nc 1 firlTl (if no t ex iSI illg th(!n cOrllflocJ IHi carroct by
on oxlstlng flnn) purportin9 to ho iHl iJt:CIHatc synopsiso( 'he Instrlllllents nUcctino tho tlllo to subjocl rcol propurty rcCO((ICll inlllo-publlc rec.ordt of tho county
whnroln tho land Is situoted, through dalo of Contract. An abstract shall co,rllnel)CO with the cnrliest public records, or sllch lotar dOle ns may be customary In tho
county whoreln thu Innd is Silllillcd,' Sellor shClIl convey i1 rnurkclnblc title In occordanco with Title Srandc'Hds odopled trorn tlrne to Ilrne hy Tho Florida Oaf, lubJoct
only to lions, oncumbrnncr.!:, exceptions or qUiJllficiltions set forth in this Contract and those which shnll be discharged by Seller at or bcforo closln,g. ,Upon closing
of this trDnsactl'orl such abstract shall bf~corrlC the property of Buyer, suqJect to tho right of retention thereof by first Inorton~jee lIf1til fully pald;or L2.J e tltlo In,ur-
onco comrTlltrncnt Issued by a qlJ.llilied title Insurar agreeing to issue to Buyer, upon recording or the deed to Buyer. an Owner's policy of Iltlo In'SurancB In tno
Ofnount of the purchnsc prien. insuring title of the Buyer to the roal property. subject only to liens, encumbrances, e)(ceptions Or qUtJllficatlons set fonh In this
Contract ond those which sholl be dischorged by Seller ot Or befnre closing, Buyer shall have 30 days, if abstroct, or 5 days, if title commitment, Irom do!.e of re-
colving ovldence of title to examine some, If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing ,pecllylng deloct!s).
If ,aid defect(') render title unmarketable, Seller sholl have 120 doys from receipt of notice within which to remove ,aid defect(s), ond If Seller I. unsucce..fulln
ramovlng them within soid tlflH~, Buyer shall hnve the option of either (1) acccr>ting the titla as It then Is, or (2) dernandinfl B refund of 011 monies paid herBundor
which shall forthwith be reltlrllcu to Buyer ond thereupon Buyor and Seller shall be rell1<Jsed as to One another. of all further obligations undor the Controct; how.
ever, Seller agrees that he will, If title is found to be unrnarketable, Use diligent effort to correct the defectfs) in title wirhil1 the tifne provided therefor. IncludIng
the bringIng or necessary SUilS.
8. EX ISTING MORTGAGES: Sellcr shall furnish a statement frorn thc mort\Jilgee(s) setting forth principal bnlance. rnethod of paYfncnt. interest rate and whother"
tho rnortgage(s).-J~ In good standin!J. If a mortgage requires approval of the Buyer uy the rnortgtJgce In ord.~ to avoid defaUlt, or lor assurnption by the Buyer of said
mortga09, and W the rT10ftrJilQec does nOt approve the Buyer, the Buyer rnoy rescind the Contract. or liJ rCQuires an increase in the interest rat. or charges 8 feo
for any reoson In exccss of $100.00. the Buyer rnay rescind the Contract unless Seller elects to pay such increase or e><cess. Seller shall pay 50% of such fell!! up to
$50.00. Buyar sholl use reasollilble diligence 10 oblflin approvi:'ll. The nrnount of any escrow dcposits held by nlortgngcc shnl! be credited 10 Seller.
C, PURCHASE MONEY MOnTGAGES: Tile purchase money note andmortyage, ~if any, shall provide for a 30 day grace periOd in the event of doloultlf It Is e
first nlortgoge and a 15 clay graca Jjeriod if a second mort1i1~c;-shil-ll p.vvkle for right of prepay,nent In whole or In pon wirhotJt pp.nalty; shall not provide for
eccelorotion In event of resale of the property; nnd shall be otherwi~e In fOflTl and content required by Seller's attor"~y: provided. however, Sellcr may only ra.
Quire clausos customarily found in rilortgngcs anel rnortgage nutes !.)cncrlJlly utilized' by solVings nnd loan Institutions in the county wh(!r~in the property Is located.
Said rnortgoge shall require the owncr of the property enculnbered to keep all prior liens a,:,d_ e_ncurnbritnces ill_good standinn onrl forbid- the owner of the p-ro-
perty, .frorn a!=cep.ti.ng (TlodUic.ari_ons-_ of--or- futur!!- iHJvclnc-es unutH- p-rlo-r-modgag"cds)' All personal-property being conveyed will. ot oplion of Seller, be subject to the
lien of the mcirtgago and evidt!nced by recorded Financing Staternents. ~
D. SURVEY: The Buyer. willtin titTle allowed for delivery of evidence of title and exominati.on thereof, mllY h'ilVe the prn.pertv s'~""ycyec1 at his expense. It the
surve,y, corti fled by 0 registered Floriua surveyor. shows any encroachment on said f'lrope.rty or that irnprovcrnents int~n<Jed (aj.)e ,fo.:atctl.on the sub)e':t property In
fact encroach on lands of Olhcls. or violate any of the Contract covenants. the sarne shall be trented as a title dcfccc Any survey~,,[cpa~elful connection with or 8S 8
consequence of this tro'nsoction IIlllY include a description of the'property under the Florida Coordinate Sys~cln ~.defined in Chap (u," J..rJ. -EJorida Statutos.
E. TERMITES: The Buyer. within ti,ne allowed for delivery of evidence of title arid' examination thereoC-,~.10 Inter t~.an. 10 r1.JYs ~"i:"';:'~o closing, whichever date
occurs lost, may have the i1nproverTlents inspected at Buyer's expense by a Certified Pest Control Operiltor tD.determiflC Y'Lbl?.tJlJ~'-the'!.P.-""'any visible active termite
InfcHation or visible e)(isting dillTltlgc f,orn ter/nite infest;}lion in the ilnprovernents. If Buyer is infornled-of ~ither O~hQlh of Ihe fOfc!J",rrrn..Buyer will have 4 days
'rorn doto of written notice Ihereof or 2 days after selection of a contractor. whichever Occurs first,--within~ which -t.o"'lave all d.J"l':I~,..:~I\~'Hher visible or not, In.
snac1cd and estimilleu hy a licensed building or f1cnerlJl contractor. Seller shall pay vnlid costs-.'of treatnlent-iJlld rePair. os...., -d"rnilnepO to ''lY.% of Purchase Price.
Should such costs excecu that ilITlOUllt, nUyer shall h.1Ve the option of cancelling ,Contract within 5 dav~ nrtcr r,cc::ci;Tlof cnlltrilckJr's repair estimate by giving
written notice to Seller. or Buyer IlliJy elcct to proceed with tile transilction, in which event Buyer shall-rece;yc: a- crecJ.t1 at closi"n-ort'tll anlount equal to lY.% of
said Purchase Price. "Termite" shall be decnled to include all wood destroying insects. ~
F. INGRESS AND EGRESS: S"lIer covenants and warrants that there is Ingress and egress to the prop,erty.
G. LEASES: Seller shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leases a-hd estoppel lettQrs from each tenant specifying the
nature and duration of said tenant's occupancy', rental rates and advanced rent and security rleposits paid by tenant. Iii the ~v(inr Seller 15 unable to obtain such
letters from each tenant, tile SiHTlO inforrnation shall be furnished by Seller to Buyer within said tirnb periOd in the foon 01 a Sellcr's affidavit, and Buyer may
thereafter contact tenants to confirrll such Inforrnatlon. Seller shall deliver and assign all originalleasf!s to Buyer at closing.
H. LIENS: Seller Shilll, both :ilS to the realty and personalty being sold- hereunder. furnish to Buyer at tirne of closing an affidavit attesting to the absence unless
otherwiso- provided for herein. of any financing stntenwnts, clairl1s of lien or potentiallienors known to Seller and further attesting thilt lhere have been no Improve-
ments to the property for 90 clays ilTlrnediatcly preceding date of closing. I f the property hilS been inlproved within said rima, Sellor shnll deliver releases or waivers
of all rnechanic's liens, CXCClltcu by general contractors, subconlrnctors. suppliers. and materialfnen, in nddition to Seller's lien alfieJtJvir setting forth the names of
a/l such genarol contractors, subcontractors. suppliers ar.d matcrlalmen and further reciting that in fact all bills for work TO the subject property which could serve
os a basis for a,mechanic's liell h<lve been paid or will be paid at closing.
I. PLACE OF CLOSING: Closing shall be held in county wherein property is located, at the office of atlorn~y or other closiny egent designoted by Seller.
J. TIME: Time Is of the essrHlce of this Controct. Any reference herein 1:0 tirne periods of less than 6 days shall in the computation Ihereof exclude Saturdays, Sun.
days and legal holidays, and ilny lhlle period provided for herein which shall end on a Soturday, SundDY or legal holidey shall f!xtend to 5:00 p.m. of the next full
business doy.
K. DOCUMENTS FOR CLOSING: Seller sl1all furnish deed, mechanic's lierl affidavit, assignments of leases, and any correclive inSlrurnerlls thot moy be required In
connection with perfecting the title. Buyer shall furnish,closing statenlent, mortgilge. rnortgage note. and financing statclnents.
L. EXPENSES: Slate surtax and doculn~nt_ary__st.)f_Tlp_~ ~,~I~_h__~re_-'Q('tuire{~ -,to h_e__arfixed to the i_no;.t-rUI:flen_t_ c.f- convey-ance, Intangible Ja>< on and (ccCrrdlng-of pur:
ch-lIso ,nohoy---nlorfga-oe to- SclTer, -n"d cost of recording any corrective jnstrunlCnts shall be paid by Seller. Docurnentary stornps to be affixcd to the note or notes
sccured by the purchase nlonoy r"ortgage. cost of recording the eJeed and financing statelncnts shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PERSONAL): Toxes shall bo proreted based on the cllrrent year's tax with due allowance made for maximum elloweble
discount and homoslead or other exemptions If allowed for said year. If closing occurs at a date when the current yent's rnillage is not fIxed. end current year's
assessment Is oVDilable, taxes will be prorated b<:Jscd upon such assesSfnent, and the prIor year's rnillage. If current year's 8sscssrnent is not availoble. thon Is><es will
be prorated On tho prior yeor's r.1X; provided, however, If therc arc completed irnprovcr.gents on the rHOperty by January 1st of ye.,r of closing, which Improvements
were not In existence on January' 1st of the prior year, thon ta:'(es shill! be proroted based upon the prior year's rnlllage and at nn equilable assessment to be ogroed
upon between tho parties, failing which, request will be mado to the County Properly Appraiser for on inforrnal assessrnenr takinn into consideration homestead
oxenlptlon, If any. However. .11lY tfl)( proration based on an estlrnate may at request of either party to the tronsaclion, be subsequcntly readiustod upon receipt 0'
ta>< bill on condItion that a sti1telllent to that effect Is set forth in the closing statement.
N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special ossessment liens as of date of closing lond not as of date of Controct) ere to be peld
by Seller. Pending liens os of dale of closing shall be assumed by Buyer, provided. however. that where the Irnprove,nent hilS been suhstantially completed 8S of the
date of' Contract, such pendinlllien shall be considered as certified, confirmed or ratified and Seller shall, at closing. be charged an arnount equal to the last estimate
by the public body, of the OSSCSSIIlCnt for the irTlprove,nent. '. ...
O. PERSONAL PROPERTY INSI'f:CTION, REPAIR: Sellor warrants that all major appliances, healing, cooling, electrical, plumbing systems~-endmochlnery ore In
working condition 85 of 6 dovs'prior to closing. Buyer may, at his expense, have inspections ,nade of said iterns by licensed persons riealing in the repair and main.
tenaneo thoroor, and shall repurt in writing to Seller such Items as found not in working condition prior to taking of possession thereof, or 6 days prIor to closing.
whichever Is first. Unless BlIYl1r rlJports f.Jilures within said period, he shall be dep.rnod to have waivp.cJ Seller's warronty as to failures not rp.portod. Valid reportad
falluros sholl be corrected at Soller's cost with funds therefor escrowed at closing. Seller agrees to proville access for Inspection uf'on reasonable notice.
P. RISK OF LOSS: If the improvell,p.nts are damaged by flro or other casualty prior to closing, and costs or restoring same cloes not e.ceed 3% of the Assossed
Voluotlon of tho Improvements so damoged, cost of restoration shall be Or) obligation of the Seller end closing sholl procoed plllSlIont to the terms 01 Contrect
wTiI1COS'tthorofor escrowed of closing. In lho event the cost of ropalr or restoration exceeds 3% of tho assessed valuation of the irllprov.enlcnts so damagod, Buyor
sholl hevo tho option of oilher takillY tll~ property as Is, tog"lher with Dither tho said 3% or ony insurance proceeds payable by virtue 01 such loss or demege, or of
canceling Contract and receivinu relurn of dcposit(s) made hereJndcr. \
O. MAINTENANCE: Notwithstnnding provisions of StandLlrd 0, between Contract dale and closing date, pcrson('J1 property referred to in Standord 0 and real
property. Including lown, slHubbery and pool, It any. shLlII be .,naint('Jined by Seller in conditions they existed os of Contract date. ordinary wear and teor excepted.
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon c1"arance of funds ond eviclellce of title conlinued ot Buyor's expenso,
to show title In Buyer, without ilny cncurnbrances Of chango which would render Soller's title uflrnorkelnule. frofn the date of the last evidence and the cash pro.
ceeds of 5810 shall be held In escrow by Soller's attorney or by such other escrow agllnt as may be mutually ag,.eeet upon ror 0 fJeriod of not longer then 5 days
frorn ond ofter closing dote. If Seller's title is rondered unnlllrketablo. Buyor sholl within said 5 day porlod, nutify Seller In writing of the defect end Seller sholl
havo 30 days frorn_datl! of receipt of such notification to cure said defect. In tho event Seller fails to ti,naly cure said defect. ollrnonlcs paid hereunder shall. upon
wrltton domond, thoro for ond wIthin 5 days thort!ofter. be returncd to Buyer and. sllT1ultanBously with such ropayrncnt. Guynr shall vocate the premises end recon.
vcy tno property In question to the Seller by spacial warronty deed. In thA event Buyor fails to rnake timely nCITland for refunll. he shall toke title 8S Is. waiving all
rIghts ngalnst Sellor as to such Intervening dofect except as rnay be avallablo to Buyor by virtue of warranties. If any, contained in deed. In (he event a portion of the
purchoso price Is to bo derived frO"1 Institutional financing 0_' rc-fl.l~anc'-ng, tho reg,uirorl1ents_,,9.f th~---'nn_(Unc_-'n_SJitVlion. os.to pl-ac-c,-1irn-e-and_procedures for-clo!In-1J,
end for disDursemont of~rnortgage procoeds, shall control, anything In niTs 'Contract~to the contrary notwlthstondlng. Provided, however, thot tho Sellur .hell have
tho right to requlro from such lending institution at closing a commitment that It will not withhold disbursement of mortgage proceeds as a result 01 eny title defect
ottrlbutoble to Buyer, mortgauor.
S. ESCROW: Any escrow agent recf!iving funds is aUlhorilen and agrees by acceptance thereof to promptly deposit aqd to holrl Sillnc in est:row and to disburse
same subject to c1earnnce thereof in nccoruflnce with terrTIS Dnd conditions of Contract. Failure of clearance of funds shall not excuse performa'nce bV the Buyer.
In the event of doubt as to his duties or liabilities under the provisions o,f this Contract, the escrow agent may In his sole discretion, continue to hold tha monics
which Dre tho subjoct of this escrow until the f'nrties Inutually ogreo to the dlsbursernent thereof, or until 0 jurJgfTlent of a court of cornpetent Jurisdiction shall
delorfnino tho rights of the piJltil!S theroto, or he rnay deposit nil the nlonies then held pursuant to this Contract with the Clerk of lhe Circuit Court of the County
hovino jurlsdlctlun of tho riispute. and upon notifying all parties concornod of sllch Dctlon, all Iiahillty on the ptJrt or the escrow agont shall fully terminate. e)(cept
to the extent of occounling for any Illonlcs theretofore delivered out of escrow. If a Iicensod reol estate broker, the escrowee will cornnlv wilh provisions of Section
475.25 (1) (c), F.S., as o,nendcd. '11 the event of any suit betwef!n Buyer and Soller wherein tho escrow agent is fTlade a party by virtue of acting as such escrow
8gent hereunder. or In lhe event of ony suit wherein escrow agent intorpleads the subject matter of this escrow, the escrow ngent shall he cncltled to recover e
reosonoblo attorney's fee and costs incurreu. said fees and costs to be chnrged and assessed as court costs In favor of the prevailing party. All parties ogree thet tho
escrow agent sholl not be linhle to nny party or person whomsoever ror misdl!livcry to Buyer or Seller of rnonies subject Co t!lis escrow, unless such misdelivery shall
bo due to willful breoch of this Contract or gross negligenco on the part of the escrow ogent. .
T. ATTORNEY FEES AND COSTS: In conn-"ction with any litigation Including appellote proceedings arising out of this Conlract, the prevoillng porty sholl be
entllled to reCOver ,oosoneble ottorney's fees and cost.,
U. DEFAULT: If Buyer fails to perform this Contract will;i" the time speclfiod, the deposit(s) paid by the Buyer aforesaid may be retoined by or for the account
01 Seller os IIquldoted dama,}"s, consideration for tho execution 01 this Contract and in full seltlement of ony claims; whereupon oil parties sholl be rolleved of,
all Obligations undor Ihe Contract; or Seller, at his option, may proceed at law or in equity to onlorce his legal rights under this COnlract. If, for eny reoson other
thon foiluro of Seller to render his tille morketublo ofter diligent effort, Seller fails, neglects or refuses to perlorm this Controct, the Buyer may seek .peelflc per-
forlnance or olect to receive Ihe return of his deposit(s) without theroby waiving .nny action for dnrnages resulting fronl Seller's breach.
V. CONTRACT NOT RECOnDAOLE, PERSONS BOUND AND NOTICE: Neither this Controct nor eny notice thereol sholl he recorded in ony public records.
This Controct sholl bind and inure to the bonefit 01 the porties hereto and their successors in interest. Whenever the context permits. singular sholl Include plurel and
one gender sholl Includo ell. NOlice given by or to tho attorney for either party shall bo os effective as if given by or to seld porty.
W. PROnATIONS AND INSURANCE: Toxes, assessments. rent, interest, Insurance end othor expenses end revenue of said property shall be proreted ~. of date
01 closing, Buyor sholl hove IIle option of toklng over any e.isting policies of Insurence on Iho property, If lissumable, in which event premiums shel/ be prorated,
The cosh et clOSing shall be increas~d Or decreosed o. moy be re<lulred by said proreti"ns, All references in Contract to prorations as of dote of closing wI/I be
deenled "dato pf occupancy" If occupancy occurs prior to closing. unless otherwise provided for herein.
X. CONVEYANCE" Selle~ shall convey title to the ofl-esoid real proporty by statutory warrenty deed sUbJeclnlY to mallers contained in Parogreph VII heraof.
porsonal'rHoP,ed'!, sholl, ,!l tll. requost of Buyor. be c Dyed by an obsoluto bil/ 01 salo with worranty of title ubject to such liens as may be otherwise provided
for horeln. '
v. OTI.ie A Ao"nEEMENTS: No prior or prusent ogrp.efnents or representations shall be binding upon any of the parties horeto unless Incorpor.lod In
this Contnct. No rnorJilicR,ion 0,. chongo In Ihis COlltract shell he vnlid or binding upon tha p'trties unless in writing. exccllted hy the portie, to be bound thereby.
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1t;'!PLAT)
t}. 14 ID-1
A SURVEY OF ~
. ,
(8 E:. 19, .J~I;;: ~\ ~ s.~t:-\,)\"J\Sk"')\--..4
AS RECORDED IN PLAT BOOK ~ , PAGE ~ , OF THE PUBLIC RECORDS
OF PINEllAS COUNTY, FLORIDA.
~L...DOD (!:(:) N 6& I c::: ' (C-l-r"j' 0 r=:- c:.. \....E:~ ?- ~ '-"'AT_ \~ I PAN E..L- 00 I c;
'!2:'Ev, (p - 1-63-
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: (0 ~2Z~ 87
EVANS LAND SURVEYING
~~.~
lAAR L EVANS
Ro. Reg. No. 2937
1780 MAIN STREET - UNIT D
OWN BY DUNEDIN, FLORIDA 33528 PH: 734 - 3821
. : ~ c.
INV. NO.:3 :- 'I ::-:;:; .Bc>uNCA..R/, :SUi'::::'\/~Y I Tl ~ - jt---j
,4tJ
~
I
CONTRACT FOR SALE AND PURC~
,
BAR/FAR Form No, 2
PARTIES:
.81 "Seller".
eonard Burrell
Post Office Box 258
ond City of Clearwater ," "Buver",
of Post Office Box 4748. Clearwater. Florida 34618 (Phone 813 462-6638 l.
horeby agree that the Sellor shall sell and Buyer shall buy the following prop arty upon the following terms and conditions WHICH INCLUDE Iho Standards For
Real Estate Transactions on the reverse hereof or ottached hereto, hereinafter referred ~o 85 "Standard(s)",
of
(Phone
I.
I.
DESCRIPTION:
(a) Legar description of real estate located In
P inellas
County, F lorldo:
Lots 18 and 19 JANIE DANIEL's 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 properly being convayed Is
'(e) Personal property included: None
None
II.
PURCHA,SE PRICE: .. ......................,..,..,.................,....... ,$
PAYMENT:
(a) Dapositls) to bo held In escrow by
26,400.00
In the 8fnount of. . . . ,$
N/A
(b) Subjeclto AND assumption of Mortgago In fevor of
bearing Interest at % per annum and payable as to principal and
per month, hovlng 8n opproKlmete prosent prlne'lpal balance of. . .. $
TOTAL
,$
$
.$
.$
N/A
N/A
N/A
26,400.00
26,400.00
Interost $
(c)
Purchase money mortgage and nole bearing Interest at
principal an'10U"t of . . . . . . . . . . . . . . . . . . . .
Other
% on terms set forth herein below, In the
(d)
(e)
Balance to close, (U.S. cosh, certified or cashier's check) subject to adJustmonts end prorations
III. FIN^NCING: If the purchnse price or ony pert theroof Is to be.flnunced by 8 third porty 1011/, this Contrect for Sale and Purchase, herelnBfter referred to as
"Con}rect". II condition! upon tho Buyer 'Obtaining 8 firm commltmont fO/ s.ld 10lln within n_a days from dete hcr~of, ot 8n Inlerest ,ate not to .xc.od
nLa %: terrn of n a ycnrs; and In tho principal emount ot $ n_3 . Buyer agrees to rn8ke eppllcetlon tor, IInd to use rll..onable dill.
gence to Obtain said loan. Should Buyer fall to obtoln some, or to waive Buyer's rights hereunder within said time, eilhor party ,nay cancel Contract.
I V. T ITl E E V IDE NC E: Wilhin 20 doys f rom dale of Contract. Saller shall, at his expense, dollver to Buyer or his attorney. in accord.nca with Slandard A,
eithar (CHECK) 0 (1) or Iil (2): (1) abstroct, or (2) tltla Insllrance comrnltment with fee owner's title policy premium to be poid by Seller .t closing.
V, TIME FOR ACCEPT~NCE AND EFFECTIVE DATE: If this off~r is not executed by bOlh of tha porties hereto on or before October 20. 1987
the aforesaid deposit(s) shall be, at the option of Buyer. returned to him' and this offer shall thereafter be nu'lI and void. The date of Contract shall be the date
whan the lost one of the Seller ond Buyer has signed this offer. 30 ~ after executed bv'City I::ut ro late]
VI. CLOSING DATE: This trallsaction shall ba c1osod anA the deed arid othar closing p.pers delivered ttHl 1st nay of DECEMBER ,
19 87. ,unless extended hy other provislo~lS of Contract.
VII. RESTRICTIONS. EASEMENTS. LIMITATIONS: The Buyer shall take tilie subjactto: Zoning. restrictions. prohibitions and other requlraments Impo.ed by
governmentsl euthoritv: Restrictions find moltors appearing on the plat or otherwise common to the subdivision; Public utility easonlcnlS of record, (provided IlIlt:I
eascments' era located contiguous throughout the property lines end oro not more than' 0' feet In width es to the reer or front lines I!Ind 7Y. feet In wIdth .s to the
side lines, unless othorwlsc specified herein); Taxes for year of closing and subsequont years, assumod mortgages and purchase monoy mortgegcs. If any;
other: None .
provided, however. that none of the foregoing shall prevent use of the property for the purpose of
Commercial
VIII. OCCUPANCY: Seller represents that there Bre no parties In occupancy other than Seller, but If property Is Intended to be 'rented or occupied beyond
closing, the fect and terms thereof shell be stated herein, and the tenant(s) shell be disclosed pUf9uent to Standard G, Seller agrees to dollver occupancy of property
at time of closing unless otherwise specltled below. It occupnncy Is to be dellverod prior to closing, Buyer .assume. ell risk at loss to property trom det. of occu.
pancy, shall be responsible end liable for rnolntenonce thereof from seld date, end shell be deemed to have accepted the property, r('al, and personal. In Its o)(lstlng
condition 8S of time of tuk Ing occupancy unless otherwise noted In writing,
IX. ASSIGNABiliTY: (CHECK ONE) Buyer Omay assign []l may not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten 'provisions Inserten herein or attached hereto .s Addenda .h.11 control
all printed provisions in conflicl therewith.
XI. SPECIAL CLAUSES:
1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy
and State Documentary Stamps on the Deed. '
2. The Seller agrees to not withdraw this offer to sell prior to October 20, 1987.
THIS IS INTENDED TO BE A LEGALLY BINDING CON'TliA~r,
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEy~,~'~DJL[Q,?L~NING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TOI'l_S"AND_THE FLw.'OA ,BAR
Copyright 197B by The Florida Bar and the Florida Association otR_~Al 19R5' -.~ ..:::.-'
ITNESSESS: (Two reCOrnMden; required if Homeste
\. \ .
-".-
WITNESSES: (Two recom
:~~A:~~~.' ", ,
"" :~, ~c' , (SEAL)
City M n~er . "-.g~~:0-,"<>;-"';' .
AtteRt: l~ ~~:.: .?~, -~. tC)1.OI..... (SEAL)
City Clerk ~ - (Buy-er)
Executed by Seller 0
Countersi
A roved as
(SEAL)
Deposlt!s) under II (.)
l)~'1i;l t. mail l
fllAD 'UBllC. STAR II .. lilt
I" 41-4172125
received; If check. subject to Cle,ara"6aIIIied ~, t., .
. 'IIlrr ~Ynlr ,. ,~
(Seller)
(SEAL)
(Seller)
By;
(Escrow Agent)
BROKERAGE FEE: Seller ogrees to pay the registared real estate Broker narned balow, ot lime 01 closing. froon Ihe dlsbursernents of the proceeds of ,ala. com.
pensation In the amount of % of gross purchase price for his services In effecting the sale by finding a Buyer, read v, willing and oble to purchese pursuant
to the foregoing Contract. In the avont Buyer fails to perform and deposit(s) Is retained. 50% thereof, but not exceeding the Broker's fee above computed, shell be
paid 10 Ih. Broker. as lull considerotlon for Broker's services including costs expended by Broker. and tho balance shall be poin to Seller. If tho tran,actlon sh.1I nOI
be closed because of refus;]1 or failure of Sellcr to perform, the Seller sholl pay said fee In full to Broker on defT1ond.
Q~'\~2,O 0
E ~}~fU)\J.U (~ame of Br:ker)r..,' _
o \....t,:j\.,~ \ 0 I d \ I r; 7
(SEAL)
(SEAL)
ISeller)
(SEAL)
::;IANUAI\U:'; FUll ilEAL ESrAlE 1I1ANSACTIUNS
A. EVIDENCE OF TllL~: Lt(<iHJ'~lQ1,"'~I^ttc prp-pilfccJ or brought current by a rcpul~ble nnd existing <.lhstract firm (if not existing then cortlflod as COrrect by
on oxlstlng flnn) purportilll]_ to~ ",t l~f'~l~."nopsis of the Instrulllents nrrcctino tho tillo to subjoct renl'HOf1oJ(y fr.cor<lcll in 1110 public records 01 tho county
whnroln tho land 15 sltuoted, through UDto of Contrnct. An iJUSlroct sholl COrrllTlel)co with tile cnrliest public records, or slIch Intar dote ns rnoy bo cUHomary In tho
county whoreln tho land is Silll,llcd. Seller shall convey n 1l1orkr.tnhle title In occordallco with Title Standards odoPlcd fra,n llrlll! to ,I"l(~ hy Tho Florldll OBr. sublect
only to liens, oncun1brllncl'?':i, exceptions or qUiJlIfications set forth in this Contrtlct ond those which shnll be disclHHued by Seller at or beforo closln,9. Upon closing
of tills tronsactlon such abstracf shall become (he property of Ouyer, suqlect to tho right of retention thereof by first fllortno!jtH.! until fully paid; or ll..J tI tltlo Insur4
Dnco comltlltrncnt Issued by il qualified t1th~ insuror ogreelng to isslJe to Buyer, upon recording of the deed to Buyer, an Owner's policy of tltlo Insurance In "'0
Olnount of the purchnse prieD, insuring title of the Buyer to the roal property, subject only to liens, encumbranCf!S, exceptions or qUDlificDllons set fonh In this
Contract .nd those which sholl be dischorged by Soller ot or belore closing. Buyer sholl hove 30 doys. if obstroct. or 5 days, if title commitment, from dote or re-
colving evidence of title 10 exomine sorne, If title Is found defective, Buyer shall, within 3 days thereafter. notify Seller in wriling ,peclfylng defect(.).
I f sold defectl,) render title unmarketable. Seller shell hove 120 uays from receipt of notice within which to rernove said defect(s), and if Seller I. un.uccessfulln
romovlng thorn within soid tilne, Buyer shall hove the option of either (1) accepting tho title as It then is, or (2) derYl\intling a refund of all monies paid hereundor
which sholl forthwith be re1.~lflled to Buyer nod thereupon Buyur and Seller shall be relp.ilsed as to one another, of all further obligations undor the Contract; how4
ever, Seller agrees th"t he will, If title is found to be unrnarkctable, use diligent effort to correct the defect(s) in title within the tirne provided therefor, Including
the trtlnglng of necessary suits. ,
B. EX ISTlNG MORTGAG ES: Seller shall furnish 0 statement Irom the mortgageels) setting lorth principal bolance. method of payme'''. interest rate and whether'
tho rnort9oge{s}~~ ln~ good stDlldin!J. I fa ITlOrtgage requires approval of the Buyer by the rnortgagee In orde.r to avoid default, or for assufTlption by the Buyer or said
mortgage. and W tho 'nOrtgage~ does not approve the Buyer, the Buyer Inoy rescind the Contract, or [1:,] requires an increase in the interest rate or cheroe, 8 teo
for any reoson In cxcess 0' $100.00, the Buyer rnay rescind the Contract unless Seller elects to pay such incrotlse or excess; Seller shall pay 50% of such fee up to
$50.00, Buyar sholl use reasonable diligencc to obtilin approval. The arnount of any escrow dcposits held by mortgagee shalllJe cledited to Seller.
C. PURCHASE MONEY MOnTG^GES: The purchase money nOle and mortgage,_if any, sholl provide for a 30 day grace period in the event of derault If It Is.
first nlortgage and 0 15 dilY grncc period if a second morfgage, shall proviue for right--of. prepaYfnent in whole or in part 'wilhOllt pp.nalty; shall not provide for
accelorotion In' avent of resale of the property; and shnll be otherwi5c in fonn and content roquired by Seller's attorncy; provided, however, Seller may only re.
Quire clauses custofntJrily found in ,ilorlgnges and nlortgn!.le notes t1cnerally utilized' by savings and IODn Institutions in the county wherein the property Is located,
Said mortgoge shall require the owner of the property encuITlbered to keep all prior liens and encutT-,branc:e~._jn good stClndinn--and forbid the owner of the pro.
perry. fronl_ aceep_ting modificarions of or future f1dvances under prior njortgagcds). All personal property being conveyed vviH, 8t oplion of Seller, bo subject to the
lien or tho mortgago and evidHncccl hy recorded Financing Staternents. "
0, SURVEY: The Buyer, within tinle allowed for delivery of evidence of title nnd exominati.on thereof, may h-JVe the propert~ su.r~~ec1 at hIs expense. It the
survey, cortifled by 0 registered Florida surveyor, shows ony encronchnlent on said rnope'rty Or that irTlprovc,nents jnt<<:'la~(! 'Oi.>-c-~~''':a(C'''''J e1'1~ the subJe-:t property In
fact encroach on lands or others, or violate any of the Contract covenants, the sarne shall be treated as 8 title dcfetlt.4Any survey Prl!p~t.e.!.Vi.n -r::onnec:tiotl with or 8S 8
consequonce of this tra'nsaction 'Tlay include a dcscrirltion of the-property under the Florida CoordinateSystern ,)'S.,dcfincd.in.ChaPlcr lJ7,~lorida Statures.
E. TERMITES: The Buyer, within tima allowed for delivery of evidence of title arid-examination thereof, 9..( ;ct-'ater tI~a~ H) clays I1ria.r.jp4closino, whichever data
occurs lost, may have the ilnprOVCITlents inspected at Buyer's expense by a Certified Pest Control Opcriltor ((; d'eterllime- wl.1e"hf!r-'here6j~Mf'ty \lisible active termite
Infestation or visible cxisting dnlllage trafn termite infestation in the improvenlents, If Buyer is informed ot-ei~her oro~ot.tl of the foreUo11w.._.B~lyer will have 4 days
rrom dato of wrlnen notice thercof or 2 days after st~lection of a contractor, whichever Occurs 'first,-withm- vihlch to)f1jve all (L:J1II iJues: wIle t.J; er visible or not, In4
sDocted and estimiltetl by tl licen5ed building or general contractor. Seller shilll pay vnlid costs-"of treatment ;m,(I rep1!"i?-tJf'a11 (ji1lhaqc urtto 1:1,% of Purchase Price,
Should such costs exceeu thill arllount, Buyer shall have the option of cancelling .Contracl witllin 5 days ari'Qr rccf.!1(>lof Cofl1r:lctOr:s".Lcj)a1r estimate by giving
written notice to Seller, or Buyer IHay elect to proceed with the transaction, in which event Buyer shall rec~ive..iJ c~('Tj"{'"'""t closi"O o.'-il"'f'"pn)ount equal to 1YI% of
said Purchase Prlco. "T crrnite" shall be decnled to include all wood destroying insects. - - '
F. I NG R ESS AN D E GRESS: Seller covenan ts and warrants lhol tl1ere is ingress and egress to the property _ . _ . _ _ _
G. LEASES: Sellcr shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leases and'9SloPP€l.leltc;:s, florn each tenant specifying the
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tene-or. In "'th~ evr.nt Seller is unable to obtain suc,h
letters from each tenan.t, tho SiIlT10 inforrnarion shall be furnished by Sellar to Buyer within said timt: period in the~-t8'rfl"l'(Jtn'Scllcr's affidavit, and Buyor may
thereafter contact tenants to confirnl such InforrTlation. Seller shall dcliver and assign all original leases to Buyer at closing.
H. LIENS: Seller shnll, bot.h ,ns to the realty and person<llty being sold hereunder, furnish to Buyer at titTle of closing an affidavit attesting to the absence unless
olherwiso provided for herein, of ilny financing stntenlents, clairns 0' lien or potentlallienors known to Seller and further attesting that there have been no Improvo4
menU to the property for 90 days ilTlrnediately prccecling date of closing. If the property hl1s been inlrHoved within silitl time, Seller shilll deliver releases or waivers
of all nlcchanic's liens, execllfcu by general contractors, subcont'ilctors, suppliers, and rnaterialrnen, in addition to Seller's lien alficJavir setting forth the names of
all such general contractors, subcontractors, suppliers and materialmen and further reciting thilt in fact all bill's for work to the subject property whIch could serve
os a basis for a. mechanic.s lien hilve becn pilicl or will be paid at closing,
I. PLACE OF CLOSING: Closing shall be hold In county wherein property is located, at the office of attorney or other closing agent designated by Sellar,
J. TIME: Time Is of lhe essnnce of this Contract. Any referenco herein to tifne periods of less than 6 days shall in the computation lhereof exclude Saturdays, Sun.
days and legal holidays, and any tilTle period provided for herein which shall end on a SaturdDY, Sunday or leyal hOliday shall (!xtcnd to 5:00 p.m, of the ne)(t full
business day.
K. DOCUMENTS FOR CLOSING: Seller sh<111 furnish deed, rnechanic's lier\ affidavit, assignments of leases, and any corrective instrulnents that may be required In
connectIon with perfecting the title. Buyer shall furnish closing statenlent, mortgage, rnortgllge note, and financing scatcrnents.
L, EXPENSES: State Surtax and clocu,ncntary StiHTlpS which are roquired to be affixed to the instrurnent o.f_ c_onv~yance, intangible tax on-and recording of pur4
chaso fnonoy rnortgage to-Sellci, 'Ilnd cost of recording "iI'n-V cor({~ct;ve instrunlents shall be pa'id by Seller. D,ocurnentary stDrnps to be affi><cd 10 the note or noles
secured by the purchase rT10ney rnortgage, cost of recording the deed and financing staternents shall be paid by Buyer,
M. PRORATION OF TAXES (REAL ANO PERSONAL): Taxes sholl i:,e proraled based on the curren I year's tax with due allowance mode for maximum allowabla
discount Bnd homostead or other oxemptions If allowed for said year. If closing OCCilrs at a date when the current year's rnillagc is nOt fixed, and current year's
assessmont Is available, taxcs will be prorated b;;Jsed upon such assassrnent, and the prior year's rnillage. If current year's aSSCSSlnent is not available, then taxes will
bo prorated on the prior year's tux; provided, howaver, If there ilre completed irnprovCfnents on the property bV Janu()ry 1st of year of closing, which Improvements
were not In existence on January. 1 st of the prior year, thon taxes sh,,1I be prorated based upon the prior year's rlllllage ilnd at an eCluitable assessment to be agreed
upon between the parties, failing which, requcst will bo made to 'he County Property Appraiser for on inforrnal assessment tak in!) into consideration homostead
OHerllptlon, If tiny. However, ;"IllY tflX proration based on an estirnate may at request of either party to the trunsaclion, be suhsequuntly readjustod upon receipt of
tax bill on conditIon that a stiltelnent to that offect Is set forth in the clos.ing statement.
N. SPECIAL ASSESSMENT LIENS: Certified. confirmed and ratified special assessment liens as of date of closinglond not os of dote of Contractl .re to be paid
by Seller. Pending liens os of dale of closing sholl be assumed by Buyer. provided, however, Ihat where the Improvement has been sullSlantially completed.. 01 the
date of' Contract, such pending lien shnll be considered as certiflod, confirmed or ratified and Seller shall, at closing, ue charged an arnount equal to the last estimate
by the public body, of the aSSeSSlTlellt for the irnprovelnent. ..
O. PERSONAL PROPERTY INSI'f:CTION, REPAIR: Seller warrants that all major applianc'~s, healing. cooling. electrical, plurnbing syste-ms:andmachlnery .re In
working condition aso.f 6: (Jays' prior to closing. BlIyor rTHJY, at his expense, have inspections rnade of soid iterns by licensed persons rteilling in the repair and moin4
tenanco thoroof, and shall report in writing to Seller slIch Itorns as found not in working condition prior to tnking of possassion thereof, or 6 days prior to closing,
whichever Is first. Unless Blly~r rf!ports failures within said period, he shall be c1cnrnnd to havo waived Seller's warrallty as to faill/res not rp.ponou, Valid reportod
falluros sholl be correctod at Suller's cost with funds therofor escrowed at closing. Seller agrees to proviue occess for Inspection uf10n reasonable notice.
P. RISK OF LOSS: If lhe ionprovelllp.nlS ore dornaged by fire or other casualty prior to closing. and costs of reslorlng saone docs nOt exceed 3% 01 the Assessed
VoluOllon 01 tho Improverne'''s so domoged, cas I of restoralion shall be on obligation of the Seller and closing sholi proceed plllsuanl to tha tarms 01 Contract
"WTIfiCO'Stthorofor escrowed Dt closing. In the event the cost of ropalr or restoration exceeds 3% of tho assessed valuation of the irnprovenlen-ts so damogod, Buyor
sholf hovo tho option of oither Inking the proporty as Is, lognther with either tho said J% or any insurance proceeds payab!e by virtue .of such loss or darn age, or of
canceling Contract and receivin\J relurn of ueposit(s) moue hereJnder,
O. MAINTENANCE: Notwithstanding provisions of Standard 0, between Contrilct date and closing date, personal property rererred 10 in Standard 0 and reol
property, Including lown, sl1rlJl>bery and pool, If any, shall be rnaintained by Seller in conditions they exis'ell as of Contract date, ordinary wear and teor e)(cepted.
R, PROCEEDS OF SALE ^ND CLOSING PROCEDURE: The deed sholl be recorued upon cleoronce of funds and evielellce or lillp. continued at Buye,'s expen.e,
to show tillo In Buyer, without any encu,nbr(lncos or chango which would render Soller's title ullfnarketilble, froln thp. dute of the last evidence and the cash pro.
ceads of safo shall be hold In eSCfOw by Soller's attorney or by such other escrow ogllnt as may be mutually agreed upon for 0 periOd of not longer than 5 day,
frorn and ofter closing datil, I f Seller's title is rondered unmarketablo, Buynr sholl within said 5 day porlod, notify Soller In writing of the defect and Sellar sholl
hava 30 days trorn ualo of receipt 0' such notification to cure said de.fect: In the evont SelltH fails to tilnoly cure said defect, all ,nonles paid hereunder shnll, upon
wrlnon domond thorofor and wIthin 5 days thereafter, be returned to Buyer 8nd, slrnultaneously with such rllpoyrnent, Buynr shall vocate the premises and recon.
vay tho property In question to the Seller by special warrlJnty deed, In tho event Buyar fails to make timely nClnand for refund, ho shall toke titlo 81 Is, waiving all
rluhts ngalnst Sellor-as to such Inlervening dofcct except as rnay be avallablo to Ouyor by virtue of warranties, If any, contnined in deed. In the event a portion at the
purchasa price Is to bo derived frOlTl Institutlonol financing or re.fi.nandng, tho roqlJirornent~ o._f the londing In~titut--'o_n o_s_ to pl~ce, thTl~ an~ p'-?cedures_fo.r cl_oslno.
and for dlsburselnont or rnortgc1ge_ procoeds, shall 'control, anything In this Contrl1ct to tho -contra-ry n-ofwinfsti.flidirlQ. Provioc(f,- howcver-, tha-t the -Sellur shall hav-e
the right to require from such lending institution at closing a comrnitment that It will oat withhold di,bursemenl of mortgage proceeds as 0 re.ult of any tltfa defect
onributablo to Buyer. mortgtlUor.
S, ESCROW: Any escrow agent rccf~ivintJ funds is o1uthorized and agrees by acceptance thereof to promptly deposit and to !loin salno in est row and to disburse
salno subject to clearanco thereof in aecardiJnce with terrns and conditions of Contract. Failure of clearance of funds shall not e><cusc perforn1ance by the Buyer,
In the ovent of doubt as to his duties or liabilities under the provisions oJ this Contract, the escrow agent may In his sole discretion, continue to hold the monies
which are tho subject of Ihis escrow until the flnrties fnutually ngreo to the disbursernent thereof, 0' until o. judgrnent or a court of COlnpetent Jurisdiction shall
dotormine tho rights of the pal lies theroto, or he fllay daposit all the nlonics then held pursuant to this Contracr with the Clerk of the Circuit Court at the County
having jurisdiction of the dispute, and upon notifying all parties concornod of such Dction, all Iiahillty on the part of the escrow agent shall fully terminate. e)(cept
to the e)(tent of nccounting for lIny nlonlcs theretofore delivered out of escrow, If a Iicensod real estate broker, the escrOWee will comply with provisions of Section
47~.25 (1) (C), F ,5., as 8tnendp.d. In the event of any suit between Buyer and Sellnr wherein tho escrow agent is ",tade a party hy virtue of acting as such escrow
agent hereunder, or In the evcnr or ony suit wherein escrow agent intorpleads the subject matter of this escrow, the escrow Agent shall he entitled to recovor B
reosonablb attorney's fee and costs incurreu, said fees and costs to he churoed ond assessed as court costs In favor of the prevailing party. All parties agree that tho
escrow agant shall not be liable to ilny party Or person whornsoever for misdt!livcry to Buyer or Seller of rnonies subject to this escrow, unless such misdelivery shall
ba due to willful breoch of this Co'"ract or gr055 oegligence on the part of the escrow agent. I
T. ATTORNEY FEES AND COSTS: III conr,,,ction with any litigation Incluui,;g appellate proceedings arising out of lhis Contract, the prevailing party shall ba
entitled to recovor roosonable attorney's fees nnd costs.
U. DE F AU L T: I f Buyer foils to perform this Contract will;i" the tirne speclflod, the deposll( s) paid by the Buyer aforesaid may be reroined by or tor the account
of Seller 0' liquidated Uallla!}"S, consiuerotlon for the execullon of this Controct and in full seltlernent 01 ony cloillls; whereupon all parties shall be rellevad of,
.11 obligations under the COntr"cl; or Sellor, ot hi. option, may proceed at low or in equity to on force his legal rights under ,this Conlract. If, for any rea.on other
U,on failura of Seller to renuer his title rnorkeruble ofler diligent efrort, Seller fails, neglects or refuse. to perform thi, Contract. the Buyer may .eek ,peclllc per-
torrnance or olect to receive lhe return of his deposit(s) without thereby waiving .ony action for dmnages resulting fron, Seller's breach.
V. CONTRACT NOT REConD^ULf:, PERSONS BOUND AND NOTICE: Neither thl. Controcl nor any notice thareof sholl he recorded in any public records,
Thl, Contract ,hall bind and inure to the bene lit 01 the porties hereto and their successors in Interest. Whenever the context permits, singular sholl Include plural .nd
one gender shall Includo 011. Notice given by or to tho attorney for either party shall be as effective as if given by or to said party.
W. PRORATIONS AND INSUnANCE: Taxes. ossessmenlS, rent, inlerest, In,urance and other expenses and revenue of said property shall be prorated ~s of date
or closing, Buyer sholl hove '"e opliol1 of loklng over any e.ISling policies of Insurance on the property, If .s$l.mable, in which event premium, ,holl be prorated.
The ca.h at closing shall be increased Or decreased os may be reqUired by salu prorAtions, All relerences in Controct to prorations os of data 01 clo.lng yvill be
deo"lod "dotn of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein.
X. CONVEYANCE, Seller ,hall convey titla to tho alle'aid real property by statutory warranty deed sUblec~nlY to matters contained in Paragraph VII heraof,
Parson.1 properlY .holl. tor. the reqllost of Buyer, ha c voyau by an absolute bill of ,ole with warranty of tllll subject to sllch liens as may ba otharwlso provldad
fo, hOl"'Qln." .. ...-
Y. OTHER AGREEMENTS: No prior or prosent "ogrf'!Cfnents or represontations shall be binding upon any of tho parties hereto unlen Incorporated In
,his Contract. No rnodificotion or ch(tngn In Ihis Contract shell be vnlid or bindino upon thlt p'Irties unless in writing, eM,QclJtcd hy the porties to be bound thereby.