JAMES BURRELL
. ~. WARItMlTY DEED 0 '7 ') 8J-' 6 2
' FRO~ 11Ilj)IVIDI~U TO CORIO"'IQB . ) t.J
RAMeo FORM 34
I
DR ~~~3PAGE 14 75
Jhis lftifarranty Jeed Made the 12th day of
JAMES BURRELL, a married maR
hereinafter called the grantor, to THE CITY OF CLEARWATER
November
A D. 19 87 by
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 all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
lftifitnesseth: 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:
Lots 20 and 21, JANIE DANIELS SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 5, Page 23, of the Public Records of Pinellas
Cormty, Florida.
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en
1.5 i5939125 40
40
41
TOTAL
1. I NOS?
6.00
1,,3. 9;~!
16~) . ~\i (rif'.
J' 1, "
;fb;:e~t 9:Iz easements and restrictions of record.
. :";',",~ =--
Subject ~operty is not the homestead property of
'"':t"'
the grantor, herein.
Jogether with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
J 0 JlalJe 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 Lund; 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 Documentary Tax PC/. $., 16..?4?O.
$. . . . . . . . . . . . . . , , . , .. 1n~'1'
Karleen F. D" 6ic!;cr, Cler:" hr;, IS C:1U:ty
BY~,."",,,, Deputy C1iCrk
In lftifitness lftifhereof, the said grantor has hereunto set
hand and seal the day and year
first ahove written,
Signed, sealed and delivered in our presence:
..m~<JiJ.~m............m....
w<:..Jld~.....K..I?~L€
NEW YORK
STATE OF ~
COUNTY OF <Zitl {;""'"t:_ :>
.1~~m........J!I
...............................m.................................m............
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
JAMES BURRELL, a married man
to me known to be the person described in and who executed the foregoing instrument and
he
acknowledged
before me that
he executed the same.
('1
/. 'J R'::JC
t "I DS
4::\ Int
4F ree
.'j, \'\'ITNESS my hand and official seal in the County and State last aforesaid this
'ember , A. D. 19 87.
./
Ir4
day of
D
IlAtI>> (. H uu,
-nail' ruSl/C, mn of ... 'WI
.. No. ~ 1r, 172825
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This Im/rufllm/ prepared by:
Address ~
STACEY L. ROBEY
STEWART TITLE COMPANY OF CLWIR.
1290 COURT STREEI'
CLEARWATER, FLORIDA 34616
H
Total
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PARTIES;
fONTRACT FOR SALE AND PURCHASt--
St. Albans. New York 11412
OAR/FAR Form r10
2
James Burrell
197 - 16 120th Avenue.
of Clearwater
Office Box 4748. Clearwater. florida 34618 IPhone813 462-6638
hereby egree ,hat the Seller shall sell and Buver shall buy the folLowing property upon the following terms. and conditions WHICH INCLUDE the Standard. For
Reel EIt.te Transaction! on the tr...e'se iletcol or otl8ched hereto, herei.'eftcr referred '1..0 8\ .'Stanuard(s.I".
,.1 "S.II.,".
IPhone 718 341-3362
l.
Of
.nd
City
Post
, III "Buy.''',
l.
of
I.
DESCRIPTION;
(a) Legal descriPtion of real estate iocaled in
Pinellas
CounlY, Florid.,
Lots 20 and 21, JANIE DANIEL's SUBDIVISIQN, according to the map or plat
thereof as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas
County, florida
(b)
(e)
Street address, if any, of the property being conveyed is
None
Personal prODP'I',' Inclvded:
None
II.
PURCHASE PRICE; .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
PAYMENT,
(~) Deposit(s) 10 be held in escrow by
29,703.00
In the amount of. . . . ,$
N/A.
fb) .Subjec.t 10 AND assumption of Mortgage In fa..,or of
Jnterest $
bearing interest at % per annum and payable as to principal and
per month. having an epproxlmate present princ'ipal b..lance of. . .. s
, . . , . . . . . . . . . . . . . .' . . . , - .
.$
$
.$
. . .$
N/A
N/A
N/A
29.703.00
29,703.00
(eI
Purchase money mortgage and note bearing Interest at
principal amount of _ . . _ .'. . .' ..........
% on terms set 'forth herein below. In .he
(d)
( el
Other
Balance to close, (U.S. cash. certified or cElshieri check) subject to adjustments and prorations,
TOTAL
III. FINANCING: If the purchase price or sny pert thereof is to be.flnanced by. third party 108/. this Contract for Sale and Purchase. herelnefter referred to.,
'.Coptr.ct". Ie condi'lo~iaPon 'h. Buy.' obulnlng . firm. commltm.nt Iqr 1.ld loen ""Ithin n a day. Irom d.t. hereof. .t .n In..,..1 r.... not to .xc..d
nLa %: t.r,.,......of year,; .nd In the prlnclp~l .mount or $ nL==- . Buyer agrees to make .pplleallon (or. .nd to us. reuonebl. dIli-
gence to obtain said loan. Should Buyer fall to obtain same. or to waive Buyers rights hereunder within said time. either party may cancel Contr8ct.
IV, TITL E EV '-DE NeE: \'Vilhi" 20 days from dale of Contract. Soller shall. at his expense. deliver to Buyer or his attorney. in accordance wit'h Stand.rd A.
either (CHECK) 0 (1) or ~ (2); (1) ahstract, or (2) title insurance commitment with fee owner.s title policy premium to be pai<<.J by Seller at closing.
v. TIME FOR ACCEPT ~NC E AND E F F ECl I VE bATE; I f this off~r is not executed by bOlh of the parties hereto on or before October 20. 1987
the aforesaid depositlsl shall be. at the option of Buyer. returned to him. and this offer shall thereafter be null and void. The date 01 Contract shall be the dete
wh.n ,he laSI one of the Seller and Buyer h.. signed this offer. . . 30 clay.} after exa::uted bv City but m later
VI. CLOS ING DATE: This transaction shall be closed enJ the deed and other closing papers deliverecttl1c1i 1 ~t day of OF-r'FMRFR ,
19 87. . unless exrended hy other provisions of Contract,
"'I. RESTRICTIONS. EASEMENTS. LIMITATIONS: The Buyer shell teke tllle subject to: Zoning. restrictions. prohibitions and othel reQuirem.n.. Impol.d by
governmentll aU1horitv: Restrictions and malters IPpearlng on the plat or otherwise common to the subdivision; Public utility e3S0menU of record. (provided .ald
easement. .re located contiguous throughout the property lines and are not more than 10 feet In width as to the rear or front Ilnel end 7)'; t.et In wldth., to the
side lines. unless otherwlse specified herein}; Taxes for year 2f closing and subsequent years. assumed rnollgaoes .and purchase money mortgage,. If .ny;
other: None ...
provided. however. th~t none of the foregoing shall prevent use of the property for the p~rpose of
r.nmmp.rr'i ::11
-. . .
.. _ J _ '.. . .
VIII. OCCUPANCY: Seller.-repre1.enu that there .-,.e no parties- in occupancy other than Seller~ but if proQerty Is Intended to_be.rented !,r occupied beyond
closin~. the I.ct end term' th.r~ol shell b. Itlted h.r.in. end the tenentes} shall be disclosed pursuant to Stand.rd G. S.ller .grees to d.II....r occup.ncy of property
at time of closing unle" otheryyi.e specified below. If occupancy.. 10 b. delivered prior to closing. Buyer ..uum.s all rllk at Ion to. proOBnv hOr:" d.'. of occu-
pancy. shall be responsible end liable for maintenance thereof from sald date. and shall be deemed to have accepted the property. re.l. and personal. In au exhtlng
condition as of time of teklng occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omay .nign [) mey not ...Ign, Contrect.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Type""rltten or h.nd""rltten.provl.lonslnserted he'ein or .Ilecher! h.,elo" Addend. sh.1I control
.11 printed provisions in conflict therewith.
XI. SPl:CIAL CLAUSES:
1. The Buyer will Cin-alp 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 LEGALL Y BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORr.' HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
197B by The Florida B.r .nd the Florid. Association 01 REALTORS
-------------
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Countersi
A
roved as
WITrlESSESS: ITwo recommenueo. required if Homestead)
,
ISEAL)
enOKERAGE FEE: Sellcr agrees to pay the regislered real estate Broker named below. at lime 01 C1051ng. f'oln the di5burlernenu 0' Ihe prOC..dl of ,.11. com.
pen,..ion In ,hi .mount of % of oross purch~se price for his services In .flecting the sa" by finding a Buyer. ri!"ady. willing .nd abl. to purckue PUrSUlnt
\0 'hi foregoing Contract. In the e",ent Buyer fails to perform and deposit(s) h retained. 50% thereof, but nOt elltcf'edi""O the Stoker's fee ebo"" computed. ,h.1I bl
paid to thl Sroker. IS full conlic1er3tiOn for Broker's s~rykes including cosu expended by aroker. and the bel.nee sh.1I b. peid 10 Seller. If the Hen..ttlon shill nct
b.,CIO~Oci;3 of refusal or I."ur. 01 Seller to p.rlorm, tho Seiler sh.1I pay u1d lee ,n full 10 Broker on derne"d.
QJ.~.~~ 11' If (/LZO-J IS E A L) .
Of-eJ~~I'~'f ,i;lr,off7
IEscro"" Agenl)
SWORN BEFdRE ME
19~
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..A~I~ ... HLu.iii
IQUU 'UBUC, 6$M!eel .. WI
.0. 41417210
.;:r~~~
(SEALl
,itls) under II I.) received; il check, ~ubjecltodXTlCOF
j
By;
(SEAL)
tSe ;p,)
: - ':" - .
/'.. .. .. _ ; _ , :j.'n ~, ,,' (. t.:::J. . I, J) , . . . ,... -, t... ~ ", l~ J " C I) , r c .:, u ,.
C"'~C"I<;!;~,'~'~';'r:,..,j('.,.p....,: J ,}'~.:J !~t~t,"":J;:t...r)rl-I~C' '~'.." 1..."'Jf~l:::f::;' .~tl,~.:t;I'S.l~r'-.-~~r(:.llt)-'r~"!:'("';.. ~.n:... :r(:':~l~1,('lttt'\acou,...t"(
....whnrch' the 13"d It ,il'f:>l1~d. II .(/,.-:;;:1 ~:.::.i~ 0.: CO'Hr.,:L An J~:'StrL-',=t Sl~::,:: c,~""","")cn '....ilI1 11q~ c.,r~j.~Sl O'iuliC ,('cords. or 'Sioe!' :!",,~ .JJ': "t f"~i b~ c',;pcmerv In ,tIe
county wn'Jrcln 1ho la"td I' -;;,,:,...tcll. S-:-Her !lh,"'II: COtl\o'{", a .narkC(11);e t:tlc in .::::c:')r'!:ll1cl) ,...ilh Tit:e St.ind3rrh <).10Plcd f,o", lirllo.: to ,ilTq~ f)',' The Floridl!l 0.,. '\Jbjcct
only (0 liens, encumbr3nc('~. e.-cC'pllons or Q'J;Jlificationl ,el forth in th;s ContrJct an.d tho~e which ,hnll h~ disch;,)'lJ!!d by S~iler at Or be'o,e cIOlil"'~. ,Upon closl"O
of this trer'lsactfon ,uch ~h'U:ict shall bCCOtTl(' the prooertv of Ouyer. subject 10 tho right of ret\!nlion thereof bV first ,nQnn"w.e IInlll 11IJ!y paid;or W · Otlo In,ur.
!lncl! comrnltm~nt luued hy :I oualific<i title insuror a9r~eing to issue" to Buyer, upon recording of the df'ed to Buyer, an O~"f'Ie:'s pnlicv of title in1urlnc. In tn.
arnount of the purchase price. insuring title of the Buytr to the real property, subiect only to liens, ~nclJmbrances. eJl.l.eolions or qualifications let forth in thll
Contract end those which sh.1l1 be discharged by Seller !!It or before closing. Guyer shall have 3.0 d.1Ys. if abSlract. 0' ~ days, if tllle con1mitment. from date of re.
celving evidence 01 tille 10 e.amine some. II lille is found defective, Buyer shall, within J day, Iherealter. notdy Seller in wriling soecllying deleel!sl.
-t f ,~id defect(sJ render title un,nark.elab1e. Seiter shill have 120 days from receipt of notice within which to remove said defect('l. end if S~lIe:r It unsuccenfulln
removing ,hem within ,.id time. Buver shall have the OPtion of either (1) accepting the title as it then is, or (2' dern;tndiQg I fe'und of.1I monle, p.ld htHCUnde'
which shall forthW'ith be re:llulled to Buyer ~nd thereupon Buyer and Se'lIer shall be released as 10 one another. of all further,'ohligalion, under the Contrllct: how-
e....tr. Seller IIgrees that he will, if title is found to be unmarketable. use diligent effort to correct the dele-ells) in title within the tirne Qfovided therefor. Including
the bringing of necen.ary suits
B. EX ISTING. "',ORTGAGES: Selle' sholl furnish a statemenl from the mort90gee(,1 'elling lorth principal balanee. methorl 01 paymenl, inte'e.. role .nd whether.
the morlgagehl..Jtln !lOod ..andin!!. " . mortgage reQuire. approval 01 Ihe Buyer by the mortgagee in orrl<:1, to avOid delaull. or lor assumplion by Ih. Buyer 01 uld
mortgage.. and W the mortgagee- does not approve the Buyer. the Buyer me" rescind the Contract. or UJ requires an increase in the intereu r.t. or ch.rgel. t..
for any ft:!e,on In e..cen of S 100.00, the Buyer ma" rescind th~ Contract unless Seller elects ta pay such increase or ekcess. Selle, shall pay 50% of luch fee up '0
S50 00. Buyer shell u'~ reasonable diligence to oblain approval. The arnount of any escrOw deposits held by nlortgagee shall he credited to Seller.
C. PU,ACHASE .MONEY MOnTG^GES: The purchase money note and mortgage. il any, shall p/ovide for a 30 day grace pe,iod in Ihe evenl of dehull If It I..
first nlortgage and a 15 d.Jv gr..c~ period H a second mortgage: shall provide: for right of prepavrnent in whole o,r in part without p~nalty; ,hall not provide for
acceleration tn event of re'lille of Ihe property; and ShOlIl be othervvise in form and content r~Quired bv Selters aoorney; provif1e<1. however. Seller may onlV re..
Quire clau,es cuuoma/ily fOllnd in mortg.ges ami mort9.ge notes generally ulilized by savings and loan in<l;lUtion, in Ihe county wherein the property Is located.
S'i.-id r'longage' 'shall _ reauire the. o.vvn-er- oL-the pr.oper,,JV encu.~,l:!e_~~_ ~_~_Q., k~.e~ ,~U pdor l.ien5 an.d encurr:'br~nces in good stan.din~ and forbid the owner of the pro..
per tv ,from accepting modifications of or future advances under -prior mongiJge{ s) -: AU p-erSOne) prop-e'rty tre'j'ng' cunv.t!:yed V\il'1t1, 'ut-'ootion .o-f ,s....Ue~. b~L,ubl.ecl_lI:],.1h,-_
lien 01 the mongage and evidp.nced lJV recorded Financing Statements.
O. SURVEY: The Buyer. within ti,ne allowed for delivery of evidence 0' title and eKamination thereof. may have the property surveyed al his ._penle. If th.
'Survey. certifJed by e rf!~iSle'e4t Florida surveyor. shovvs any encroC1chment on said property or that itnprovemenlS intendp.d to he 10t:.1tcd on the lubfe":t property In
fect encroach on tands of others. or violate any of the Conuact covenants. the sarne ,hall be treated as a title defect. Any survey'prcparell in connection with or IS ·
conseQuence of this transection ,uav include a description of the property under th~ Flbrida Coordinate Svstern as defined in Chaptr.r 117. Florida Statutes.
E. TERMITES: The Buver. within ti,ne alloW't!d for delivery of c"tidence of title arid examination thereor. Of' no l.1ter than 10 clays prior to closing. whlch~ver dale
occurs lest. mey have the inlproven1ents inspected at Ouyers expense by a Certified Pest Control Operator to deterlnine whellu~r .here is any visibl. active termite
Infestation or visible existing tlaltlagc ham tcnnite infest3tion in the irnprovernents. If Buyer is informeri oleilher or l10th of !.he 'orcyo;ng. Buyer will have 4 dayl
from dete of written notice Iher~of or 2 days .after s~lection o'f a contractor. whichever occurs fint:... wilhin which to have.!lll d.1,n.;)!Jcs. whether villble Qr not. In..
speeted end estimated hy a liceo.ed buildi"g or ~eneral controctor. Sell"r shall pay valid cosu of "ealmenl and repair 01 all dal11o~e up 10 1 '1.~~ of Purchase Price.
Should such costs e.llceed that an,ount. Buyer shall h:lve the ontion of cancelling Contract within 5 days ..her receipt of contractor.S repair estimate by giving
vvritlen notice to Seller. or Ouyel 1"~V elect to procectl with the tr~nsilction. in which event Buyer shall receive a ,crcrtit at closing of an anlount eQu.1 to 1 :.'1% of
said Purchase Price. "Termite'. shallLJe deenled to include all wood destroying insects.
F. INGRESS AND EGRESS: Seller covenan.. and warranl. tt'atlhere i. ingre.. and egre.. to the property.
G. LEASES: Seller ,hall. not less than 15 days prior to closing. furnish to Buyer copics of all written leases and eSloppel letters ffom each len.nt specifying the
nature and duration of s~jd tcnant"s occupancy. rental rates and advanced rent and security deposit!, paid hy tcnant. In the event Seller is: unable to obtain luch
tellers from each tenant. the SilnlO information shall be furnished 'by 'Seller to Buyef' within said liml: period in the form of a Sellers affidavit. and Buyer mlY
. thereafter contact tenants to confirnl such Information. Seller shall deliver end a'5Sign all original lellses to Buyer at closing.
H. LIENS: Seller shall.. both as to the really and personalty being sold hereunder. furnish to Buver at time of closing an affirlavit altestinq to the absence unless
otherwise provided for herein. of any financing statements. clainu of lien or pOlentlallienors known to Seller and lurther attesting thill there have been no Improv..
menU to the properly for 90 flaYi ifnrnec1ialely preceding date 01 closing. If the property has been inlproved withrn s~id lime. Sellcr 'Shall deliver releases or waivers.
of all mechanic's liens, rJCcc"'cll by general contractors. subcontractors. suppliers. and materialmen. in addilion to Sellers lien ..lfidavit. ,~elting forth the nemes of
ell such general contractors. slJbconrracton. suppliers and mat~rialmen and further reciting that in fact ell bills for \Nork to the subject property w"'!ch could serve
as a basis for a.mechB""'G.s lien have been paid or will be paid at closing.
1. PLACE OF CLOSING: Closing ,hall be held In county wherein property is loeated, al Ihe office of Ollorney or other closing egenl designaled by Seller.
J. TIME: Time Is of the essr.uce of this Contract. Any reference h~rein t.o tirne periods of less thDn 6 days shalt in the computar;Or\ thereof e)l(clude Saturdays. Sun.
day. and legal holidays, and any lione period provided lor herein which shall end on a Selurdey. Sunday or legal holidey sholl e"end to 5:00 p.m. of the neKI full
busine.ss day. -
KA DOCUMENTS FOR CLOSING: Seller shetH furnish deed. mechani'c's Iie~ affida'vit. assignments of leases. and any corrcctive inslrurnenn that may be reQuired in
connection wlt.h perfecting the title. Buyer shiJlI furnish closing staten'ent. mortg~ge. mongage note. and financing statements.
L. EXJ~'E~SES: .S_ta,te_ s.urt~a.ll_,and _d.oc~~en~a_ry, ~t.~unp~ which are required to be affixed to the instrument of conveyance, intangible lall( on and recording o' pur.
chsse money mortgage- to Sell~r, and cost of recording'any --cor ree li~"ff'ihS'tf'U'n'l.tUHs~slnill--be -paid"-by 'S-eiler. OOCl,;nnentarv ,U~tnps. to be. ~.Uj....-e_d t_O the 00 qt. a!' no ~~t
secured by the purchase money mOrlgage. cost 01 'ecording Ihe deed and financing <lalemenu s,hall be paid by Buyer. -
M. PRO RA nON 0 F TAX ES (R EA LAND PE RSONAL!: Ta.es shall be proraled bo.ed on the currenl years laX with due allowanee made for maximum ellowebl.
discount snd homestead or other ell(emptions if allowed for said year, If closing occurs at a date when the current years millage is not fixed. and current yea"~
8ssessment Is 8vailable. taKes will be prorated ,based upon such assessment. snd the prior year's millage. If current yeiJ(s assessment is not available. then taxes will
be proreted on the prior yeors lax: provided. however. if there arc completed improvelnenu on the property by. January 1st of year of closing. which Improvemenu
were not In e_istence on January. 1st of the prior year. then ta:"tes shall be prorated based upon the prior year.s millage and at an equitable assessment to be egreed
upon between the partics. failing which. rCQuest will be made to the County Property Appraiser for an informal assessment ta5c ing into consideration homestead
oxempllon, If '!.ny. However. .ny t"~ p,oralion based on an estlmale moy at reQue.t of either party 10 the transaclion, be suhsequently readju,ted upon receipl of
tax. bill on condition that a statefncnt to that effect is set forth in the closing statement.
N. SPECIAL ASSESSMENT LIENS: Certilied. eontirmed and rOlilied special assessmenl liens a' of date of closing land nol as 01 dale o! C::rarecII are to be peld
by Seller. Pending lien. es of dote 0.1 closing shall be assumed by Buyer, provided, however, thaI where Ihe Improvement ha, been suh..antielly completed as of Ihe
date of Contract. such pending lien shalf be considered as certified. confirmed or ratified and Seller shall. at closing. lJe charged an amounl equal to the list estimate
by the public body. of the Bssess,nent for the improvernent. - ...
O. PERSONAL PROPERTY INSPECTION. REPAIR: Seller warrants Ih;1 all major applianc~s, healing, cooling; ele~'trieal. plumbing sy'.IPm.. .nd machinery ere In
working condition a' of 6 days prior to closing. Buyer may. at his expense, have inspeclion, made 01 ,aid ilem, by licensed pe"on, deoling in Ihe repair end mein-
tenance thereof. and shan reI-Jurt in writing to Seller such Items as found not in working condition priOf' to taking of Dossession thereof. or 6. days prior to closlno.
whichever Is first. Unless Buyer reports failures within said period. he shall be <.Iecmed to have wilived Seller's warranty as to failures not reported. V.lid reported
failures shell be canccted at Sellers cost with funds. therefor escrowed at closing. Seller agrees to proviue acceSS for inspectiOn upon reasonable notice.
p. RISK OF LOSS: II the imp,ove",.n.. are darnaged by fire or olher easually prior to closing, and costs of reSloring same does nOI e~cecd 3~' of the Anossed
Veluatlon of the imprOvements so damoged, cosl 01 reslorolion shall be a') obligation of Ihe Seller and closing shall proceed pursuent to the lerm. 01 Contract
with cost therefor esc,ovycd at closing. In the event the cost of repair or restoriltion exceeds 3% 01 the assessed valuation of the improvements so damaged. Buver
shall have the oplion of either toking Ihe property as is. logether with either Ihe said 3% or any insurance proceeds poyable by virtue of such Iou or damage. or of
conceling Contract and receiving return of deposit(s) made hereJnder.
Q. MAINTENANCE: NOlwvilhst;'lnding provisions of Standard O. between Conlrnct date anr1 closing Liate. personal prOP(!rty' referred to in Standard 0 end rea.
property. Including Iswn, shruhbery and pool, if any. sha!l be rnaintalned by Seller in conditions they existed as of Contract date. ordinary wear and telr excepted.
R. PROCEEDS OF SALE ^NO CLOSING PROCEDURE: The deed shall be recorded upon clearance of lunds and evidellce of litle conlinued at Buyer. ex pens..
to show title In Buyer. without illlY encurnbrances or change W'hlch would render Seller's title UIHo.;JrketalJle. fron1 the dalC of the last evidence and the cash pro-
ceeds of sale shall be held in escrow by Sellers attorney or by such other escrow ~gent as may be mutually agreed upon for 8 I-Jeriod of not longeI' than 5 dey.
from and efter closing date. If Seller., tirle is rendered unmarketable. Buyer shall within said 5 day period. notify Seller in writing of the defect end Seller shell
have 30 days from dale of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect. all monics p'aid hereunder shall. upon
wrltten demand therofor and within 5 days thereafter. be returned to Buyer and, simultaneously with such rcpayrnent. Buyer shall vacate the premises and recon..
vey tne property In question to the Seller by special warranty deed. In the event Buyer fails to make timely delnand for refund. he shall take title 81 is, waiving ell
rights agaInst Seller ~.s to such intervening dofect e~cept as rnay be available to Buyer by virtue of warranties. If any. contained in deetJ. In-the event.. portion of the
purchase price Is to bo derived frorn Institutional financing or-re'.Hnancing.-'.thc 'reQ'uirements.of the le.."'Id.ing .inst.illqi9fl.. as to pl~c~. ti,ne and procedure' for c1oslno.
and for dlsbursernent or mortgagc proce~ds. shall control. anything In this Contrnct to the contrary notwith-stenciing~ Provided,-however. tha:t .the"S.eJler. ,hall have-
the right to require from such fending institution at closing a commitment thnt It will not withhold disbursement of mortgage proceeds as a result of eny title defect
attributable. to Buyer. mortgagor.
S. ESCROW: Any escrow agent rccp.iving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold SDln!! in estrow and to disburse
same subject to clearance thereof in accordance with terms and conditions of Contract. Failure of clearance of funds shall not e_Cuse performance by the Buyer.
In the event of doubt a~ to his duties or liabilities under lhe provisions 0.1 this Contract, the escrow agent may. in his sofe discretion. continue to hold the manie"
which are the subject of Ihis escrow until the parties rnutuully agree to the uisbursernent thereof. or until a judgment of a court of competent ,urisdictlon shaft
deterlfline the rights of the partics th~rcto. or he nlay deposit illl the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having jurisdiction of the f1i~putc, and unon notifying all parties concerned of slJch action, all liahility on the part or tile e'ScrOW agent shall fully terminete. 8Kcept
to the e..:;tent of accounting for allY monics ther~tofore delivered OIAt of escrOW, If a licensf!d reol estafe broker, the escrowee will COfnply with provisions of Section
475.25 (11 (d, F.S., as alnend~d In the event of ,JOY suit between Bu.,,~r and Sellcr wherein tho escrow agent i'S n13ue a party hy virtlle of acting as such escrOW
agent hercun<.Jer, or in lhe event of any suit ,......hcrcln escrow agent intcrplearls the subject matter of this e!icrOW, the escrow Agenl shall he entitled to recover ·
reasonable etlorney's fe~ and costs incurreu, said fccs and costs (0 he chargnd \Inri Cl!iSr.'sscd 8S court CO'5ts in favor of tile prc.....<1iling pany. ^Ii parties egree that the
esc;row aljcnt shall not be Jiablp. to .JOV party or person \o"I"Orn':iOCv~( for misdelivery to Buyer or Seller of monies subject to this escrow. unless \wch misdelIvery shell
be due to willful breach of this Contract or gross np.gligence on the part of the esr.row agent. ,
T. ATTORNEY FEES AND COSTS: In conn.!ction wilh any Ii ligation Including appellole proeeedings ari,ing out of Ihis Conlract, Ihe preveillng peny shell be
entilled to recover rosson8ble attorney's fees .JnrJ COSlS.
U. DEFAULT: If Buyer fails to pedorm this Controct wilhin the time specifind, Ihe deposit!s) poid by Ihe Buyer aforesaid may be reteined by or for the eccounl
of Seller a' liquid. led dOI"ol)e.. conside,olion for Ihe e~ecullon of Ihis Conlrnct and in full selll"ment 01 any claim'; whereupon 011 partie, ,hell be ralleved of
ell Obligations under lhe COnlracl; or Sellcr, at his option. may proceed at law ('Ir in equity to enforce his legal righU under this Concract. If. for anv reeson oth.r
then failure of Seller to render his title ,n;:Jrketoble ofter diligent eHart, Seller fails, neglects or refuses to perform 1his Controct, the Buyer may seek. specific per.
forlnance or olect to receive the return of his dcpositlsl without thereby waiving any action (or d:-'lInnges resulting Iron1 Sellers breach.
V. CONTRACT NOT REconO^[JLr:, PEnSO~JS [JrJUND ^ND NOTICE: Nellher this Contract nor any notice lhereof sholl he recorded in -any public record..
This Contract shell bind and inure to {he benefit of the porties hereto and their succeSsors in inlcrest. Whenever the conlext perrniu. singular shall Include plur.r end
one gcnder shell Include oil. Notice given by or (0 tile altorney for either:.party shall be as effective as if given by or to said party.
W. PRORATlqNS AND _1r.JS"l.JFtANCE: Taxes, ,lS'iCHrnents, rent. in(eH~st. Insurance Bnd olhor eJ<penses and revenue of said property shall be prorated as of dete
of closing. Buyer shnll hove Ihe opriOIl 0' tnklng, over any existing policies of Insurance on Ihe property. If ossumable. in W'hich event prCfnJumlshell be prorllftd.
The cas~, at closlno sh.,1I b~ incre.l':icd or uccrcosc<I' "'ley ~e required by s:lld pror8~ions. All ftderences.1 Contract to proration, as.o. f dets of closing will b.
deOrllCd dete of oC~lIpancv 'f occupaf1cy occurs Dr r to clOSing, unlp.ss otherwise fHovlded for hefcin.
X. CONVEYANCE: Scller sh,')11 r:.onv~y title to '~Hl 'drDr~said real proporty by statutory warranty deed sut_!ct only to mallp'rs contOlined in Parllqrllph VII hereo'~
Pononi!ll property sholl, lit tile r~qullH of AU"fIH. be convo",otl uy an absoluto bill of sillc with v..arranty of title. suhject to such liens as may be otherwllo provided
for horeln.
. .... ......~...........,,< nr ,,.rH~sC!nt;]tiollS sh.)ll he. blnrling IlflOO nnv of Ih~ p<lr(ll's herelo lInle\s Incorporated In
I
,..,..
. ..
~
1
/JJ
crry OF CLEARWATER
Interdepartment Correspondenee Sheet
TO:
Cynthia E. Goudeau, City Clerk Itk-.-
M. A. Galbraith, Jr., City Attorney~-
Purchase from James Burren (Lots 20 & 21, Janie Daniels Subdivision)
(For future development)
FROM:
SUBJECT:
DATE:
December 15, 1987
The subject purchase has been completed and enclosed are the fonowing documents:
Settlement Statement
Title Commitment #C-9912-237471 issued by Stewart Title Guaranty Company
Title Insurance Policy #0-9902-68770 issued by Stewart Title Guaranty
Company
Copy of Survey
Contract for Sale and Purchase
The original recorded warranty deed dated 11/12/87 was previously given to you by
Jim Hensley.
MAG:jmp
Enclosures
cc: Dan Deignan, Finance Director w/copy of Settlement Statement
RECEIVED
DEe 16 198.:
eIn CLERK
PARTIES:
CONTRACT FOR SALE AND PU~-
BAn/FAR Form !to
James Burrell I I
197 - 16 120th Avenue. St. Albans. New York. 11412
of Clearwater
Office Box 4748. Clearwater. Florida 34618 IPhone813 462-6638
hereby av,ee thet the Selle, shall sell ond Buver sholl buy 'he follow;ng property upon .he following 'erms .nd condl'ions WHICH INCLUDE thl S,.ndord. Fo
R..I Est.'. Tran,actions on the ,p,,:~"e tlerCQ' or Dueched hereto. hereinaher referre<.l '-0.' "Standard(s}.',
,.1 "5.11.,-
01
(Phone 718 341-3362
and
City
Post
. .1 "BuV.'"
of
L
DESCRIPTION:
(.1 Legal desc,lp lion of ,eal eSla Ie located in
Pinellas
Coun'y. Florid.
Lots 20 and 21, JANIE DANIEL's SUBDIVISIQN, according to the map or plat
thereof as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas
County, Florida
(b)
Ie)
Street addreu. if any. of the property being conveyed is
None
Penon.' prope"",' Included:
None,.
II.
PURCHASE PRICE: .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
PAYMENT:
(.) Deposithl 10 be held in escrow bV
29,703.00
In 'he "mount of. . . . .$
N/A
(b) .Subject 10 AND assumption of Mortgege In f.\for of
Interest S
bearing intereU at " per er\nurn and payable as to principal and
pe; month. hevlng an approximate present principe' b'.I.ne. of" _ .. s
(d)
hI
Olhor
.$
$
.$
. . .$
N/A
N/A
N/A
29.703.00
29,703.00
leI
Purchase money ""ongage and note bee ring Interest .t
principa'amounl of . . . . .'. . ., .. _ . . . . . . .
" on terms set 'forth herein below. In the
e.lance to close. (U.S. cash. certified or cllshie,"i check) subject to adjustments end prorations.
TOTAL
III. FINANCING: I' the pUlchase price or snv pert thereof Is to be.flnanced bV. third pllnv 1087. this Contrect 'or S.le and Purchese. her.lnaher r.ferred to.,
"CoJ'tr.ct".. II cond".'or;.;jcipon the Buyer obt.lnlng II firm commitment fJr said loan within n a daYI from d.t. hereot. 8t an inter.1t reI,. not to ..c.ed
nLa %: t.r".,."of yell's; .nd In the principal a",ount of S n_::I . Buyer 8Qrers to in.ke application (or. and to use ree.oneble dill.
o_nee to obtain sBid loan. Should Buyer fall to obl8in S8me, or to w.l....e Buyer's rights hereunder within said time, either party may cancel Contract.
I V. T ITL E E V io E NC E: \'Vi\hin 20 deys. from date of Contract, Seller shall, 8t his ell( pense. deliver 10 B uyef or his st1orney, in accordance with S 1anderd A.
either (CHECK) 0 (1) or ~ (2): (1) abstract, or (2J title insurance commitment with fee owner.s title policy premium to be paid bv Seller .t closing.
V. TIME FOR ACCEPT ~NCE AND E F F ECT 1 VE bATE: 1 f Ihis olle, is not e.eculed bV bOlh of Ihe p.,,;eo he,elo on or befo,e October 20.1987
the .forrs.eid deposit(s) shall be. et the option of Buyer. returned to him' and this offer shall thereaher be null and void. The date of Co'ntraet shall be the dete
""hen the la.. one of the Seller and Buye, h.. .;gned Ihis oller. . . . . ~.~ after executed bv City but ro late
VI. CLOS ING DATE: This trannclion shall be closed anJ Ihe deed end olhe, c10Slnv pape" dellVe,ecltTai. 1 ~t day of OF-r'FMRF'R .
19 87. . unlen exrended by 01her pro\lislons 01 Contract. '
vII. REST RICTIONS. EASEMENTS. L1M IT ATIONS: The Buyer shall take illlc subjecI 10: Loning. restrictions. p'ohibi'ions and olher 'eoui'emenulmposed by
Qovernmentel authority: Rr$trictions end mstters appearing on the plat or otherwise common to the subdivision: Public utility easements of record. (provided ..Id
easements .re loceted contiguous throughoLlt the property lines end are not mare then 10 (eet In width e! to the rear or iront lines end 7)) feet In vvldth ., to the
side lines. unless otherwise, specified herein}:, Taxes for yea, 2f closing end subsequent Veers. essumed mortgages -and purchase money' monoegel. If any;
o'her: None .
provided. however. that none of the foregoing shall pre~nt use of the property for the P~.HPOs~ of
r.nmmerr-i~l
-.
V II L OCCUPANCY: SeHer .represents that there a-"8 no parties, in occupancy other than Seller. but if property 'i5 ._"tended to be ,rented ~r Q,ccupled beyond
cloling. the fact and lerml ther~of shell b. Itsted herein. end the lensnt(s) sharr be disclosed pursuant to Stand.rd G. S.lIer .orees to deliver occupancy of property
at time of closing unless other.....ise specified below. If occupancy I. to be delivered prior to clollng. Buyer ....um.. .If risk of Iou to- property fro,:" d.le of occu-
pancy. shall be fI!sponsiblr end liable for mofnlenance thereof from said date. end shlln be deemed to have accepted the property. re:el. end person.l. In III exl.llng
condition as of time of teklng occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buver Omoy ...iVn D!I may nOlo..lgn, Conuoct.
X. TVPEWRITTEN OR HANDWRITTEN PROVISIONS: Tvpewrltten or h.ndwrltten~pro\l'hlons Inserted herrin or ettZlcherl herelO 111 Addenda .hell control
.11 printed provisions in conflict thereyvith.
XI. SPECIAL CLAUSES:
1. The Buyer will aJ:J.<llft 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.
Countersi
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FDRr.~ HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL T-ORS.4i\:'D TH E-q-o.R I DA BAR
Copyrighl1978 by The Flo,ida Bar .nd the Florid. Association of R_E;ll.LTO.RS ,/
- - - - - - - - - - - - -::::----'"'.- .. . - ---".
Exec ed by Buyet on. ..t_~~Lrl -.~ -
CIT . OF~"~.[..:...W.~A. TE~F.,F"~~A.. .~=...;....::: .~ . ~1
B C!L51~-1;J:.~- ~__._L-~I
- ,.~
City Ma er--/:-, - (a;'Yed___:.~.. 1"'1 (SEAL)
Attest:. ~:--> ~ I Nt IU .
City Clerk . -
E :W.E'C t _by Sef!er 0.,
A roved as
~/{
(SEAL)
(Soiled
)'yFJi.:I"f L.-"jCI;~ I'Vlt;
(SEALI
elle')
19~- '\,1U1 'UllIc. STAn .....
.. ,4 ~ No. 41-617ZIU
~ ':-e ~ '-.mc<1ln~ C~
~-c.. . "'M ~ "
BROKERAGE FEE: Seth." agrees 10 pay the regislered feal estalo B,oker named belo\atl. at lime ot clOSIng. f;o th; d;lbU Icfnenll of the proceed a of 'II.. com.
penution In the Imount of % of gross purchase price for his ,ervices in effecting the sale by finding a Bu,'r'. rri!dy. willing 'end able to purchue purtu.nt
to the fore-going Contract. In the event Buyer fBils to_perform end depositfs.) h retained. 50% thereof, but,nOt e"ciP,e-di~g the Sro"cr', tee eoo..... computed, sh.1I b,
peld to Hie Sroker. I!!IS full con,;(le'r~tion for Broker's ser\lices including costs eKPcnded by Bro~er, and the balance sll.lI be poid 10 Seller. If the tranl.ctlon she!1 nC1
be clo..ed because 0' refusal or fadtJfe of Seller to perform, the Se:ler shell pay s.aid fee in full to Broker on derT\B'1d.
...
Dop
ith} under II (.) fe<ei\led; jf check. ~ubiec,~tA ".'6r.
J
(Escrow Agent)
By:
C C. Kb LJ
FC1t.LVNt '..fe c~ :'c.,,1
o LAidJL'f-D \:),! l 6' / ~ 7
(SEAL)
(SEAL)
: ~ e.l: ('.)
l r 1.-; ~ 1 .:. <..;:; t '.j t
~ j r 1;-'; . . I ; .~ I , : f-, -, _ t r I ,: i.' 1.0 . : r:: '::. " 'J I t 11 0 C C 'J ,... t "'
.. 'd',' , [hlJ I.1'H) :'i Soil I..): ',: l' :'1 1.,.:' ..;.~ ~_,_"\:r,i:l .'\'1 J,15:~c'~_! .:.., .".;: t!.C .;_...' .:5' p..~,l.-= f,-'::':~f!). _'f 5 r:'" If", II.... ,lS' ")1. ~~ ,:..,,~,:mllr'f in the
CO\lr"1t', whflrc!n tho '~~!,J I') ';./::'-'1(',1 Srtlcr ';;1.,;: COfl'-~/.l ITlilr'~ C{"l':e ti.-~ 11'1 .J.~': ~..;."'j;:--:'~ .". I~' TLr'~ S'l' d.,rrJ\ ,,'~('pr,!,1 frolfl {If''.: 10 l""~ fl', Th~ FI'Jr;ds Oar, suhict:t
onl" to 11p-'H, ~ncurnb',Jnt:(>~. c.,:::opIIOr1\ or LJ'J,]lif1catiulH 5.::!'1 'Crlh in this COI1tr,1r:t or~d {lQ'.i1! w~\:.:I\ s~liJll h~ (Ji,;dqr!J~!J b'l S.....iler at Or b~'O'~ clcs~""':1. Upon closing
of this transaction suel, i)ll''-lt,'C~ ')h<l11 become the property of O,,'(pr, subject 10 ~ho righC of rel~qt'0~"\ the'e'l' by fir'H 'nQr!:'lilqf'C ""lil I~.:!,.. 03,c1;or L1J II tllla Intur-
.'H1CP' comrnltmcnt luuC'd hy ;J r:1,J.,lilict1-,title in'5,uror afJr~eing to iHIlC to BU'iN, upon recording of the deed to 8\J';~r. afl O...nCf5 poiir:'I of titlQ inHnlnC8 In Ins
lJlnount of the plJrCha5C price. insuring title 01 the Buyer to the real property, ~ubiect only to liens, encumbrances. f!)I't..:eOllon5 or quatificattO"I \et fonh In thll
Cannact and those which shall b(! discharged by Seller at or before closing. Ouyer shall have 3"0 d;JYs, jf abstract, or ~ dJ','S, if ltlle conli"~,itment. from d8te of re-
ceiving e..,ldence of tirte 10 I!"'<llnine S,Jfne. II title is found defective, BUYF?r shall. within J days thereafter. notd'( Seller in .....riting ID~clfyinQ defect(sl..
if s<lid defect(s) render title un'rlar1<.etable.' Seller shall have 120 thys from receipt of notice within which to rernove said dl'!ft'!cdsl. and if S~lIer it unsuccenful In
removing them within said lime. Buver shat.! have the ootion of either (1) accenting the title as it th~n is, or (2) defn~nuina a refund of all monlel paId hereunder
.....!lieh shall fOrthwith be relurHe(J to Buyer and IherelJPon Buyer and Seller shall be rell!3Sed as to one another, of all further oblig,)1ions uncer the Concract; ho..",.
ever. SlI!lIer agrees that he "',,ill, if title is found -'to be unmarketable. use diligent effort to correct the defect(s) in title withlf1 the tj,ne provided therefor. Including
the bringing of neceS'S.3ry suilS "
B. EX ISTING MORTGAGES: Seller sh<lll furnish a statement from the mort!)i1g'!c(s) setting forth principal balance. method of,payme'n't.\interest rate and whether'
the mortgage(sl..J, in good ua,l(Jin~J, If a rnortgage reQuires approval of the Buyer by the mortgagee in orrle..r, to avoid defautt. or for a'iSumption by the Buyer or laid
mongage. and W the mongaqee <.Joes nOt aporove the Buyer. the Buyer may rescind the Contract. or 12J requires an increase in (he inteteu r.I. or ch.roes. ,..
for any reoson'ln e...~en 01 $..100_00. the Buver may rescind the Co,uract unless Seller elects to pay such increase or excess. Seller shall pay 50% of lucn fee up to
S50 00. Buy~~shall"use reasoflable diligence 10 Obt<1i"n approval. The arnounl of any escrow depoliiU held by nlon';.Jgee shal1 he credited to Seller.
C. PUflCHASE .1I.:0NEY 1I.10nTG^GES: The purchase money note and mortgage, il any, shall provide lor a 30 day gr.ace periOd ;n the event 01 default lIlt Is ·
first. nlongage and a 15 day 9r'-lc~ period if a second mortgage: shall provide for right of prepayrnent i.n whole or in pan withOut pp.nalty; 'Ihall ,",at provide for
acceleration in event of resale of Ihe p,opcrty; ar;;d sh.111 be ottler'o..,i!ie in form and conte'll rCQuired bY- Seller's allorney: pro..,irled. ho.."e'ler. Seller may only re-
Quire clauses custo,nariJ,. found in 11l0rtgJgc'S anrl: nlortg,)(]~ notes generally utililea bV s~vin9s and loan inJlilUlions in th"! cauncv wherl!in the property Is loc3ted.
Said rnongage shall reQuire Ihe owner at the pr)JPerry encul'nbere~ to keep all prior liens and ercurnbrances in good sundin9 and 10fbiri the own", ot the pro.
petty .trom acceuting modificafions of or future pdvances under prior mort9~9c(S). All personal prooerty being conveyed ......ill. at OPtion of Seller. be 'Sublect to the
lien of the mortgage "f'ld evidn.nCCiI by recorded F}nancing Statements. .
10. SU R v-~f'(:'" t-h-e -i3'uye-' ~ - 'Within -"fil'n-if'--~nTowed~~fo-r-tlel-h,.-~-ty-o-t -e",H.i.a-nGe ~of-- ti-t!..a--.a-nd _e~---.a~a.tiQ'-'L-!t!~r:~J. 'TI~V have .._I~e ~~ODertv _sl.Jrve.,ed at his ex pense. I f the
~urvey. certiUed by a '~-giuerefJ Florida surveyor. shows any encronchment on said property or that itnpro....;mF?n-t-; fn-iend~'d tQ bc JOf:~fe{f1'j.n."fh'i'iJOnf":\ p-rope-rt-y-+n--- -
fact encroach on lands of oChels. or violate any of the Conuact covenants. the sarne shall be trealed as a title defect. Any '1..J('.Iey prcparefJ..in'-::eonnectiOn with or .s ·
conseQUBnc~ of this transacrion 'Hay include a description of the property under the Florida Coordinate Systefn as def,ined in ~J{ap,JC(T71--. F.ld;.~':1a Statutes.
E. TERMITES: The Buyer, within tilne allo......ec..J for delivery of c'.Iid~nce of title arid e:ICamination thereof. or nQ Itlt'!f'~ l:h~arl'10 d<JYs p;id-r~tq ~ro;;"g. whichever date
occurs lest. mey have' the irnprovelTlellts inspected at Ouy~"s expense by a Certifiecl Pest Control Operatar to der-e".&-J1i.r'1e whethJ!r there is- '3~n1"isible active rermhll
Infestation or visible e:ICjning d~rl1agc from tcnnire infestarion in the ilnpravern~nts. If Buyer is informed D'-eith~r..poth o.t t..!.'e:toreyoing:....8:~,Y-er will ha"e 4 da',s
'rom date of written notice thereof or 2 days after s~lection o'f a contractor. whichever occurs first., within which ;0 have ~n da~n,;)~cS. whl!~f' .jhlble or not. In-
sneeted Dnd estimated hy a liccnsetl building or 9cneral contractor. Sellf!r shall pay valid cosn of treatment anclrepair of a1'_ d,ll;liJ',.j'; up to ,)'..", -of Purchase Price.
Should such costs exc~ed thill .UUOUrlt. Buyer shall have the opcion of cancelling Contract within 5 days Olflerreccipl of_,.c.,,-ntr;,cto(,_s rep~us-asti."ate by giving
written notice to Scller. or Ouyer I"ay el~ct to proceed wilh the transtlction. in which event Buyer shall receive a eredit -a'-<'lo~r\O nf an i3n~un} 80ual to 1 Y'..% of
iaid Purchase Price. '.TeHnite.' shalll.Je deenled to include all wood destroying insects. - -
F. INGRESS AND EGRESS: Seller covenants and warrants that there is ingress and egress to lhe prooerty.
G. LEASES: Seller shall. nOt Jess than 15 days prior to dOs'ing. furnish to Buyer copies of all written leasE!~ and estQR.pel letters fro,,-,,-e~G" te_nant specifying the
nature and duration 01 said tcnant's occupancy. rental rates and advanced rent and security deposits paid hy t!!nant. In (he evellJ.SelJer ~s u:nilble to obtain such
lelters from each tenant. the S.ilnlO information shall be furnished by Seller to Buyer within said timt: period in the iorm of a Scner, affidavit. and Buyer may
thereafler contact tenanlS to confirnl such Information. Seller shall deliver and assign all original1e,lSes to Buyer at closing.
H. LIENS: Seller shall. both as to (he realty and person;Jlty being sold hereunder. furnish to Buyer at time of closing an affid".Iit 3ttest;ng to the absence unless
otherwise provided for h~rein. of any financing sri}tements. e1ainls of lien or potentiallienors known to Seller and further attesting that ,here have been no Improve.
menU (0 the property for 90 days irnmedialely preceding date of closing. If the property ha'l been iOlproved withIn said time. Sel1~r shall deliver releases or waivers.
of all rncchanic's liens. r.,ecured by general contractors. subconttactors. suppliers. and materialmen. in addition to Sellers lien "lfidil"it setting forth tne names of
all such genersl contractors. subcontractors. suppliers and matcrialmen and further reciting that in fact all bills for work to the subject property whJeh could serve
as a basis for a.mecha~.s lien have be!!n pa.id or will be paid at closing.
I. PLACE OF CLOSING: Clo,ing shall be held in county wherein property is located, at the officc 01 allorney or other closing agent designated by SelJar.
J. TIME: Time Is of the eSSf!nce 01 this Contract. Any reference hcrein ~o tirne periods of less than 6 days shall in the cornp..tarion thereof e)(c1ude Saturdays. Sun.
days and legal holidays. and any ti,ne period provided for herein which shall end on a Saturday. Sunday or legal holiday shall cxtend to 5:09 p.m. of the neKt full
busine.ss dllY. -
~. DOCUMENTS FOR CLOSING: Seller shall lurni,h deed, mechanic.s Iier\ alfidavit, assignmen15 olleo,e., and any corrcctive instrurnenls that may ba required in
connection with perfecting the title. Buyer shall furnish closing statenlent, mortgage. mortgage note. and financing statcrnents.
L. EXPENSES: State IUft3K and documentary starnps which are required to be arfixed to the ins\fument of con....eyance. intangible tal( on and recordIng 01 pUI.
chase money mortgage to Sell~r. and cost of recording any corrective inStfUnlents shall be pai<.l by Seiter. Docunlentary st.)lnps to be ~.ft;..ed 10 the nore or notet
secured by (he purchase money mortgage. cost of recording the deed and fInancing staterncnts shall be paid by Buyer.
M~--P-RO HA-T10 N -O~F--T-AX eS--(--R'E A 1.:- A-NO-P'E'-RSO N-A ~-)--':-T-axe-s--$h'a.H- b-e _p'_O-rat~d._b:ued _O-(,LI.Ue_-CJJ.l:Htfl--Ly-,~a(_s__ta_)(, wI!_t\, _stue alrol....,artC~_m~de_ f_or maxJmum allowable
discount and homescead or other exemptions If al10wed for said year. I f closing occurs at a date when fil"e -current y-ei,'s--mTlI.1lio--is -n-of-flx e-d. an-d -corr-ent-- yea,'-s-
:~~!:!!Srnent Is available. taxes will be prorated based upon such assessment. and the prior yeal's millage. If current yeOJrs assessment IS not available. then taxel will
" .:.rorated on the prior years c~x: provided. however. If there are completed improvernenu on the property by,January 1st or ye~r of closing. which Improvements
" not In existence on January- 1 st of the prior year. then ta:"!.es shall be prorated based upon the prior year's rnill<lge and at an eCluirable assessment to be Boroed
_.n between the panies. failing which. request will be made to the County Property Appraiser for on inrorrnal anessmenf tal( ing into consideration homestead
. ~n'ption. if !,ny. However. any tax proration based on an estimate mny at requcst of either party to the transaction. be subsequen(ly readjusted upon receipt ot
JJ( bill on condition thaI a staternenr to that effect is set forth in the closing statement.
N. SPECIAL ASSESSMENT LIENS: Certilied. conllrmed and ratilied ~peclal assessment liens as 01 date of closing rand notas of date o! C"r;trect) am to be paid
by Seller. Pending liens as of c.IOlre of closing shall be assumed by Buver. provided. however. that where the Improvement has been suhstantially completed as of the
date of- Contract. such pending lien shall be considered as certified. confirmed or ratified and Seiter shall. at closing. lie charged an amount eQual to the last estlma(e
by the public body. of the asseSSlnent for the improvernent. . - - - ~
O. PERSONAL PROPERTY INSPECTION, REPAIR: Sellar warrants that all major applianc~s, heating, cooling; eie~'\rical, plumbing syS.lpm'. ~nd machInery ara In
working condition as of 6 days prior to closing. Buyer may. at his expense. have inspections made or said items by licensed persons c1ealing in lhe repall .od main.
renance thereof. and shall report in wriring to Seller such Item' as found not in working condition prior to taking of l,.lo'SScssion theleof. or 6 days prior to closing.
whichever II first. Unless Buyer reports failures within said period. he shall be <.Ieemed to have waived Sclter's warranty OlS to failures not reported. V.lid reponed
falluras sholl be corrected at Sellcrs cost with funds therefor escroweu at closing. Seller agrees to provitJe access for inspection upon reasonable notice.
p. RISK OF LOSS: If the itnprovc1f1enlS are da,nag~d by fire or other casualty prior to closing. and costs of restoring sarne docs nOl exceed J~' of the Assossed
Valuation of lho IrnprOve,nenlS so uamagcd. cost of resloration shall be a~ obligation of the Seller and closing shaH procoed pursuant to tha terms ot Contract
with cost theroror escroweft at c1o~i"g, In the event the cost of repair or restoration exceeds 3% of the assessed valuation 01 rhe inlpro..,ements so damaged. Buyer
shall have the option 01 eithtH t<lking'lhe propcrty as is. together with either the s'aid 3% or any insurance procc~<ls payaule by virtue 01 such loss or damage. or of
canceling Contract and recei..,ing return of cJeJ,Josit(s) made hereJnder.
O. MAINTENANCE: Norwithst:1nrJing provisions of Standard 0, between Contract date anti c1o'iing uate, pcrsonal property referred to in Standard 0 and reol
property. Including lawn. shruhbery and pool, it Olny. sh~11 be _rn~intalned by Seller in conditions they e)(isted as of Contract date. orcJinary wear and tear excepted.
A. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon cluarance 01 funds and evidence of title continued at B.uyer's expen.a,
to shaw tilla In Buyer. wilhout allY enculnbrances or change which would rend'!r Sellers Iltle ullfnark ettlble, Ironl the date of Ihe last evidence and lhe cash pro.
ceeos of sale shall be held In escrow by Sellors attorney or by such other escrow agent as may be mutually agreed upon for a period of not: longer lhan 5 days
from Bnd after closing date. If Selle"~ tille is renuered unmerkecable. Buysr sh.,1l within said 5 dav poriod. nutify Seller in writing of the defect .nd Seller ,hell
have 30 days fr"om date 0' receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect. all monies paid hereunder shall. upon
written demand therofor and within 5 days thercafter. be returned to Buyer and. simultaneously with such rapaynlent. Buyer shall vacate the premises end re~on..
vey tne property In question to the Seller by special warranty deed. In th9 event Buyer fails to make timely de.nllnd for refund. he ,hall take titl. as Is. waiving .11
rlghn against Scller .s to such intervening dorect e)(cept at may be available to Buyol bV virtue of wnrranties. If any. contained in deeu. In-the event. portion of the
purchase price I, to bo dcrived fro.n Institutional financing or re-flnanclng. the requirements of the lending institution a'l to place, thne and proceduret for cia sino.
and for dlsburse,nun,t of motfgagl! procecds. shalf control, anything In this Contrnct to the contrary notwithstanding. Provided, however. that the Sellur shall have
the right--to require frorn such lendin-g institution at-c1osin_g__~ C:QfD~_ilmeQJ_ttl_a_~ it wiU n()_~ Y:'ithh~ld disbursernent of mortgage proceeds as a result of any title defect
attributable.to Buyer. mortgagor. ---- ._~-- - - --- - ---- -~-- - -- -
S. ESCROW: Any ascrow agent rcc~ivinlJ funds is .1uthorized and agrees by accepcanC_B thereof to promptly deoosif and 10 hold Sllln'! in est:row and to disbun-i
same subject to clearance thereol in accordance with terms and conditions of Contract. Failure of clearance 01 funos shall not eXCuse performanc'. by the Buyer.
In the event of doubt as to his duties or Iiabililies under the provisions o.f this Contracr. the escrow agent may' in his sole discretion. continue to hold the moniet.
which are the subjecl of Ihis escrow until the parties mutually agree to the dlsbursernent thereof. or until a judgment of a court of competent lurlsdictlon shall
detcurlin., the r1ghlS of the parties th~rato. or he olay deposit all (he monies then held pursuanl to this Contract with the Cferk of the Circuit Court of the County
having jurisdiction of the dispute. and upon notifying all parties concerned of slJch action. allliahillty on the part of the escrow agonl shall fully terminate. except
to Ihe e..cteflt of 8ccounli'llJ fur allY (nonies [hprt:'to'ore delivcred OIJt ot e~crow. If a licensl'?o feBI estate broker, Ihe eScrowp.e will COrllP'Y wilh provisions of Section
475_25 (I) (c), F.S., as alnend~d 111 Ihe eVl!nt of any suit betwep.n Buv~r and Seller wherein thn escrow a9~"C is n'lade a party hy virtue 0' acting as such e'ScroW
IIgent hefcunuer. or in the event ot any suit wherelll eScrOW agent inlerplearls thl! sllbject maner of this escrow, the escrow ~gent shall h~ entitled to recover a
reasonable allorn9Y.s fee and costs incurred. said f~es and costs 10 he chargnd anri itss~sscd 81i cO'lrl co~ts in favor of the prev<1iling party- All parties Bgree that (he
escrow agent shall not be Jiablp. to any parly or per'ion II"IhOfTl'iOCv~r 'or misdelivery (0 Suyer'or Seller 01 olonies subjecl to this escrow. unless ,uch rniuJellvery shall
be due to willful breach al this CO-J1trar.t or grOB nf?giigencc on the part 01 the esr.row ~gent. t
T. ATTORNEY FEES AND COSTS In conn.,ction wilh any litigation Including appellate proceedings arising out 01 this ConI/act, the prevailing party shell be
entitled to recover reasonab'e attorney', lees and costs. '
U. DEFAULT: If Buyer lails to perform this Conlract within the time specllin<l. the deposit(s) poid by the Buycr aforesaid may be rctained by or lor tha account
0' Seller 8S IIquldatcd d,UnOlfJr.S. considcr.1tion for the execution of this ContrAct and in full seUlernenl of any clainu;, whereupon all parties shall b. relieved 0'
all obllqatioru undor the COntracl; or Seller. at his OPtion. may proceed at law or in equity to a.olorce his legal rights under this Contract. If. for any reason othat
than failure of Seller to render his tille ,norketoble oller diligent effort. Seller fails. neglects or refuses to perform thi'l Contract. the Buyer may seek spec;,iflc p.r.
fotrTlanc8 or elect to receive the return of his deposids) without thereby waiving any action for U<1lnages resulting from SPoiler's breach.
V. CONTRACT NOT AECDnOABLF., PEnSONS BOUND AND NOTICE: Neither this Contract nor any notice lhereof shall he rccorded in ~ny public recordl.
This Contrectsh.1I bInd and inurc to lhe bencfil 01 the partie. herato and lhelr successors in inlerest. Whenever the contcxt permils,singular shall Include plunl and
one gander shell Include all. Notice given by or to the attorney for either:par,ty shall be as effective as if given by or to said party.
W. PRORATIONS AND INSURANCE: Texe.. ""C<5ments, rent. inle...,t, Insuranca end Olhar expen,es and reven"e of said ploperlY shall be pronled ~. 01 date
of closing. Buyer 'Ihnil hove Ihe a'ltioll 01 taking over any existing policies of In~ur8nc8 on the property. If assumable. in which evcntlJrernhJms sh.1I b. prorated.
The cull at clo.lng ,hall ba increo.ed or dccreascd 81 mey be required by said prorations, All refelcnce. in Contract 10 ploralionl al 01 data of clOllng ...i11 be
deerned "date of occupancv.' if occupancy occurs prior to closing. unlesl otherwise provided for herein.
X. CONVEYANCE: Seiter Ihall r;onv~y title ,to 1:h" rOffuaid real property bv 5t3tutary warranty deed subject onlv to manart conlained in Paraqraph VII heraof.
par.sonal "...rop. .rt~ '.he.lI. at thft, rcqunst 01 Ruvor, htl onJ,Y8J by an absoluto bill of s~le with v...Olrranty ot ttle'llJiect to such lions as mAY be otherwh. provided
for hQfCln. '- ~
Y.,OTItE'-n "AGn'EE~~r:~IlS 1"-:0 pfi("'lr or p'l'-Sl!'nt BIJ 1'!'P'lnentS or r("presentations sh311 he'" blndin:,) \lP(: 1 8 of lhf! p3rtles hlHeto lJnte~' Incorp(1r.~8d In
,h;, CCl'-'tr~(:t No fT\(,d;r;"""~I"n r)f (""'-1"'~'" in Ih:~ Cn,llr.lct 'i.hnll h~ ~..d;" '"lr hit\.'nnl) upon th,., rHtit.'" I.J,..~~H in "''1fi,i~Cl. ~"'~"'Ilcd hy ttle p,,,ti~~ ti) ~i ~-:.J:,,:'J ~~er~~'f.
PREP~JUD fOR: C-/T, ot=== H~..A..TEf<..
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A SURVEY OF Lo"-'S 2.0 Ii:. Zl ~le: ~NIEL-~ 'S'_YfSDI.",,\S\()N
AS RECORDED IN PLAT BOOK 0 r; , PAGE .~ , OF THE PUBliC RECORDS
OF PINEllAS COUNTY, FLORIDA
FLCOD -z.Of...Je . C I u-ry OF Co' F==-..6..P_""""""ATEe. I PANEL- OQ I S
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t HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: /0-22-B1
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EVANS LAND SURVEYING
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lAR EVANS
Ro. R M:>. 2937
OWN. BY: .> c.
INV. NO. .~!
1780 MAIN STREET - UNIT D
DUNEDIN, FLORIDA 33528 PH: 734 - 3821
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Form Approved
OMB No. 63-Rl501
A, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. o FHA 2. o FMHA 3. o CONV. UNINS.
4. OVA 5. o CONV. INS.
6. FILE NUMBER 17. LOAN NUMBER
87100037
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 JAMES BURRELL CASH TRANSACTION
G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE:
LOTS 20 & 21, JANIE DANIELS STEWART TITLE CQ\1PANY OF CLEARWATER, INC.
SUB. 11/17/87
PLACE OF SETTLEMENT 321st day of year
1290 COURT STREEI', CLEARWATER, FL. 34616 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 ?q .,()~ ()() 401. Contract sales price ?Q 703._0Q _
102. Personal property 402. Personal property
103. Settlement charges to borrow (line 1400) 449.90 403.
104. 404.
105. 405.
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106. City /Iown taxes to 406. City Itown taxes to
-
107. County taxes to - 407. County taxes to
-
108. Assessments to 408. Assessments to
109 to 409. to
110. to 410. to
111. to 411. to
112. to 412. to
120. GROSS AMOUNT DUE FROM BORROWER: 30,152.90 420. GROSS AMOUNT DUE TO SELUR: 29 703.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Oeposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 14(0)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff olllrst mortgage loan
205. 505. Payoff 01 second mortgage loan
206. 506. 1 qA7 ~F.AT, 274.73
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unDaid by seller:
210. City Itown taxes to 510. Cilyltown taxes to
211. County taxes to 511. Counly taxes to
212. Assessments to 512. Assessments to
213. to 513. to
214. to 514. to
215. to 515. to
216. to 516. to
217. to 517. to
218. to 518. to
219. to 519. to
220. TOTAL PAID BY/FOR BORROWER: 0 520. TOTAL REDUCTION AMOUNT DUE SELLER: 274.73
300. CASH AT SETTLMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) 30,152.90 601. Gross amQunt due to seller (line 420) 29, 703 'OOy
302. Less amounts paid by /for borrowen (line 220) Qj 602. Less total reductions in amount due seller (line 520) u...?74. 7~
303. CASH (aI FROM)}jIXDDJ{BORROWER: 30,152.90 603. CASH (IX! TO) IIWIGN) SELLER: 29,428.27
I
HUD.l (Rev. 5-7e)
MIS
*CASHIERS CHECK TO: STEWART TITLE COMPANY
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MIS lDI PAGE 2 OF OMS No. 2502-0265
II . - .-
PAID FROM PAID FROM
L. SETTLEMENT CHARGES BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISSION IIu8d on price $ @ %= AT SETTLEMENT AT SETTLEMENT
Oivision of commission (line 700) as lollows:
701.$ to
702.$ to
703. Commission paid at settlement
704.
BOO.ITEMS PAYABLE IN CONNECTION WITH LOAN,
801. Loan Origination lee %
802. Loan Oiscount %
803. Appraisal Fee to
804. Credit Report to
805. Lender's inspection fee
806. Mortgage Insurance application lee to
807. Assumption Fee
808.
809.
810.
8".
900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest Irom to @$ /day
902. Mortgage insurance premium lor mo. to
903. Hazard insurance premium tor yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mo.@$ per mo. ........ , ........
1002. Mortgage insurance mo.@$ per mo. .....'.. :. .......i
1003. City property taxes mo.@$ per mo. . <.,'.'
1004. County property taxes mo.@$ per mo. .
1005. Annual assessments (Maint) mo.@$ per mo. ii" ,.~
1006. mo.@$ per mo.
1007. mo@$ peLmo. y.-" }.. ~
1008. mo.@$ per mo. i~
1100. TITLE CHARGES:
1101. Settlement or closing lee to
1102. Abstract or title search to
1103. Tille examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to to
(includes above items No.: ~)."<'''''':''H' '.,::',.:,;'.'6..; ,..~
1108. Title insurance to STEWART TITLE <n-1PANY + TAX ~
(inc/udes above items No.: ,,c,.:.' ~'f:. . . ;:.:,,: .,.",.,.1:
1109. Lender's coverage $ .... :,. . .S'
1110. Owner's coverage $ 29,703.00 "
1111.
1112.
1113
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording lees: Deed $ 6.00 Mortgage $ Releases $ 6.00
1202. City/county tax/stamps: Oeed $ Mortgage $
1203. State tax/stamps: Oeed $ 163.90 Mortgage $ 163.90
1204
1205.
1300 ADDITIONAL SETTLEMENT CHARGES
1301. Survey to LARRY EVANS FOe
1302. Pest inspection to
1303.
1304.
1305.
1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Sect/on J and 502, Sect/on K) 455.90 ~..
November 17th., 1987
Settlement Ajjent Date
SELLER'S Alu/OR PURCHASER'S ST ATEMEIl Seller's and Purchaser's signature hereon acknowledges his/their approval 01 tax prorations and signilies their understanding that prorations were based on taxes for the preceding year. or estimates
for the current year. and in the event 01 any chan,e lor the current year, all necessary adjustments must be made between Seller and Purchaser; likewise any delaull in delinquent taxes will be reimbursed to Title Company br, the Seller.
Tille Company. in its capacity as Escrow Agenl, is and has been authorized to deposit all lunds it receives in this transaction in any linancial institullon. whether affiliated or not Such financial institution may provide Tit e Company computer
accounling and audit services directly or through a separale entity which, il affiliated with Tille Company, may charge the llnanclal institution reasonable and proper compensation therefore and retain any prolils therelrom. Any escrow lees paid by any
party involved in this transaction shall only be for eheckwriting and input to the computers, but not lor aloresald accounting and audit services. TItle Company shall not be liable lor any interest or other charges on the earnest money and shall be under no
duty to invest or reinvest lunds held by it at any time. Sellers and Purchasers hereby acknowledge and consent to the deposit of the escrow money in financial Institutions with which TitleCompany has or mar. have other banking relationships and lurther
consent to the relenlion by Title Compeny and/or its affiliates 01 any and all beneflls (including advantageous Interest rales on loans) Title Company and/or its an/llates may receive from such linancial institutions by reason of their maintenance of said
escrow accounts.
The parties have reed the above sentences:.!!!=o.i!'.!.z!..!,hatthe recitations herein are material, agree to same, and recognize Title Company Is rei . "
Purchasers/Borrowers CITY OF L:LtJ\I:{WATER Sellers
BY:
WARIIIU: II is a crime to knowingly make 'alse slatements to the United Slates on this or any other similar form. Penalties upon conviction can I
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
87100037
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. Am'erican Land Title Association Commitment. 1966
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s"rEWART TITLE
GUARANTY COMPANY
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
identifi.ed 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 effectiveon,lY wherrthe<jdentity of the proposed Insured and the
amount of the policy or policies cOll'lrpittedforh(:l\(eb,~~,?inserted in Schedule A hereof by the
Company,either at the time of the issuance of thisCornrnitmem or by subsequent endorsement.
This Commitment is preliminary tot~eiss~~nc~~.f\s~chp6IicY<6r policies of title insurance and all
liability and obligations hereunder shall ceasec;Jndt~rfY1inate six months after the effective date hereof
or when the policy or policies committedforsballissue, whichever first occurs, provided that the
failure to issue such policy or policies is not thefaultofthe 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 Guaranty Company 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 COMPANY
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Chairman of the Board
President
Cou ntersigned:
By ~~""'"
Serial No. C. 9 912. 2 3 7 4 71
005N Rev. 3/78
25M 1.86
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SCHEDULE A
Commitment No.
c-9912-237471
Effective Date of Commitment:
November 05, 1987 at 5:00 P.M.
Your No.:
87100037
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) f] AL TA Owners Policy 1987 $
29,703.00
Proposed Insured: CITY OF CLEARWATER
(b) 0 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.
HI, to ",Id """,, In""" In ",Id land~/};/;70f ","d In'
JAMES BURRELL, j~il"lca b}' l.i.!. ",~e.U3(: 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:
Lots 20 and 21, JANIE DANIELS SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 5, Page 23, of the Public
Records of PINELLAS County, Florida.
Page 2 of 3
STEWART TITLE
2552 IRev. 6/87)
GUARANTY COMPANY
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SCHEDULE B
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ORDER NO:
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87100037
Commitment Numb~r.;.. 9 91 2 - 2 3 7 4 71
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 execut~Jered and duly filed for
record. X~ /1;; ?/r ?
Warranty Deed to be executed from JAMES BURRELL, 'pJ~l'H_~r--r..y his
_ ""e!tffJ~/2;I;;rl to CITY OF CLEARWATER
II. Schedule B ofthepolicy 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 to the effective date hereof but prior to the date the proposed Insured acquires for value ofrecord the
estate or interest or mortgage thereon CO" .~red by this Commitment.
2. Standard Exceptions:
(a) Rights orclaims 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 bylaw 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 titles or rights asserted by anyone including but not limited to persons. corporations, governments orother 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 orwater 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. 15-29-15-20286-000-0200
Gross Tax $325.59.
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. 3/80)
Page 3 of 3
STEWART.TITLE
GUARANTY COMPANY
- --.........---------.... ~,..-- - - . ....-~-~."....~,,~ -... - ,... -...,....-..
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
~. If the proposed Insured has or acquires actual knowledge of any defect, lienj
encumbrance, adverse claim or other matter affecting the estate or interest or
hlortgage thereon covered by this Commitment other than those shown in
Schedule B 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 actLlal
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitmeht
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulatibnsl
3\ Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
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.
4. Any action or actions or rights of action that the proposed I nsured may have 6r
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
Issued by
'. .
COMMITMENT
FOR
TITLE INSURANCE
,-
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Sanctily 0 f Conrract
'-
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STEWART TITLE
GUARANTY COMPANY
AL TA Owner's Policy - Form B - 1970 (Rev. 10-17-70 and 10-17-84)
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,/.1
POLICY OF TITLE INSURANCE ISSUED BY
87100037
STEWART TITLE
GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
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 sIlown in Schedule A.
STEWART TITLE
~~~~
GUARANTY COMPANY
0'Aau/$~
Chairman of the Board
C~d~
Authorized Signatory
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 inany of the offices of fed-
eral, state or local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b)
not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
-,+,- ..,...". ---- --- -- ----- -+- ........
Page 1 of 0 9922
POI!CY _ _
Serial No.
68770
-:+:-..,.".~~----~~
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 Schedu Ie A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this'policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insu red of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
liti'gation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action 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 liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred.
4.
NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO
CLAIMS
SETTLE
PAY OR OTHERWISE
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 is interposed as set forth in (a) above, Oi) in case any costs, attorneys' fees and expenses incurred"up to the
kno'wledge shall come to an insured hereunder of any claim time of such payment or tender of p~ytl)ent, by the insured
o~ ~i.t!e or~ interest, which is adveje tl the title to the estate claimant and authliZf by the Com~an;.., '
, (continued and concluded on last page of this policy)
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fJCL/
Sanctity of Contract
STEWART TITLE
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
November 24~ 1987
THE CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER ~ FLORIDA 34618
ATTN: JIM HENSLEY
Please include our file No. on all Correspondence:
RE:
OUR FILE # 87100037
Dear
SIR~
Enclosed please find the following
above mentioned property:
documents in connection with the
( )
( )
( )
( x)
( )
( )
( )
Title Binder
Mortgage Title Insurance Policy
Original Mortgage
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.
_~12/;(~
ALTA OWNER'S POLICY - Amended 10/17170
/SRK", ',. I I
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SCHEDULE A
Order No.: 87100037
Policy No.: 0 - 990268770
Date of Policy: November 17, 1987
Amount of Insurance: $ 29, 703 . 00
1. Name of Insured CITY OF CLE.'\RWATER
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:
Lots 20 and 21, 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
Order No.
87100037
AL'fA OWNER'S POLICY - Amended 10/17/70
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SCHEDULE B
Policy No.: 0-9901-68770
DELETED
This policy does not insure against loss or damage by reason of the following:
1. ~~XHXOOx!:IDJn!ldcD~~~~x
Easements, or claims of easements, not shown by the public records.
~~Il){{~nmBHmll>>~kftRxk~Xl)lb{~:W:OC~tX:krlexHX<<~X
~1HBt~~)@lld~~mJ9f~~x
~~XWQI~~~~~<<f{toonakBKX<<mQJlRBJdXX
i~~~~X~yOt~~)f-lilUSlWO{X
Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
Any titles or rights asserted by anyone incll;lding but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Taxes for the year 198 and thereafter.
2.
DELETED 3.
DELETED 4.
5.
6.
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, Floridar
and any and all outstanding assessments projected or to be
projected, if any.
9. Subject to water, sewerr 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
. III:""
I 'ONDITIONS AND STIPULATIONS continL I
(contmued and concluded from reverse side of Policy Face)
A
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, I ien or encumbrance insu red against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
fu rnished 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 validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
-+- -,+-, _ ___ ___ --l ~
"-
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
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POLICY
OF
TITLE
INSURANCE
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