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THOMAS RAYNER Return to:i/lf!~1ose selt-ari,dressed st",:"ped envelope) I 'Name: ,1. ARMSTRONG CENTURY TITLE & ABSTRACT, 325 BELCHER ROAD N. CLEARWATER, FLORIDA 34625 #26,609 WARRANTY DEED INDIVID, TO INDIVID. ( RAMeo FORM 01 INC. I ... Add,...: ~ 8 .If INST :8: 91-,186303 JLY 12, 1991 5:06PM ..~ i 'il 8 PINELLAS COUNTY FLA. OFF.REC.BK 7622 PG 563 This Instrument Prepared by: SAME Add,...: Property Appraisers Parcel Identification (Folio) Numberls): 15/29/15/65214/005/0090 and 0110 Grantee[s) 5.S. #[sl: SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA m.ltis .arrantu lJeeb Made the 12th day of July A.D. 19 91 by THOMAS Z. RAYNER, unremarrieo widower and surviving spouse of LILLIE MAE RAYNER, deceas d hereinafter called the grantor, to THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation created and existing ~ ~ ~i' mmrmei~tate of Florida "p. O. BOX 4748 10 S. MISSOURI AVENUE/ CLEARWATER, FLORIDA 34618-4748 hereinafter called the grantee: (Wh.rev.r uaed bereln the termo "grantor" and .grante." in.lude aU the partI.. to thi. illBtrum.nt and tho beir., I.gal r.pre.enlative. and ...slll1'8 oC Individuals, and the .u.....on and a..igns of .orporations) BitutlllldJr: That the grantor, for and in consideration of the sum of $ 10.00. and other valuable considerations, receipt whereof is hereby cu;knowledged, hereby grants, barga.ins,: sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in' PINELLAS County, State of FLORIDA , viz: 1 ~EC91"-'" ]:I ( .~-.... p;~ ht00-n Go aots 9 and 11, REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S SUBDIVISION, - according to the map or plat thereof as recorded in Plat Book 4, page 32, -- ---public Records of Pinel1as County, Florida. n.re FE.E5 MIF PIC REV TOTA ...60 (J?'"mn't~Jrer. with all the tenerTr,ents, hereditaments and appurtenances thereto belonging or in anywise apperta'/,mng. , mn )faut aub tn )tnlb~ 'the same in fee. ,simple forever. Aub 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 land, and hereby warrants the ~itle to said land and will defendt~es~1?te against the lawful claims of all persons whomsoever; and that said la~d r~lttt.eiwt~g~B~~OO'tSrl~xcept~q,xes cu;cruing subsequent to December 91, 19 90 ?nd easements an lu BitUtll1l BJrtttnf. tlte ~aid grantor has signed and sealed these presents the day and year first above written. ' - J~ if J17~ s~O~S z. RAYNER / Printed Slgnatnro I!D b /)0,4-1(,/ p~( o:..~ddre..:F~ I K 8 (L Ii!,v 4- 1/ c - . C't E rrK."-) "l Toc Ft.-/! 3 Yt:. I S-- I , Slgnatnro I)O("U:.:I(;ntn~,/ ',I-"'t,~', 1\.1d, '~._" (" (el~.o Q ., Signature I!D $--------- '- Printed Signature .... .- ---.. , Karleen r, 0118/ ke .gnature' '~"l'11fl;le To" "d. rk; Pinel/as County Deputy Clerk '.. Prlntocl. S!gnat_ Poet om.e Addreoo Printed Signature STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and in the County afol'esaid to take 'acknowledgments, personally appeared THOMAS Z. RAYNER, unremarried widower and surviving spouse of LILLIE MAE RAYNER, deceased to me known to be the pel'son described in and who executed the foregoing instrument and he acknowledged before me that he executed the ~me. WITNESS my hand and official seal in the County and State last or~ d thjS (" h day of ( J ly , A.D. 19 91 /':CU ,,'!"4~ N olary' ture SEAL yl(' a Cf (;XI.'{ f:? C rJU . , .', CLERK . ,". F nE'BL.AKER, ~ KAHL.~EN r-.IFIED 'BY: ~. RECORD VE '" -~- - JOHN W. JOHNSON. JA. State of Florida My Cornm. Expires Oct. 27. 1991 1:2- 0/7- (1 t, -L._1 f k'J . .~, " NO. 700p. 0 0 13 3 I ~- ." ALTA FORM B -1970 (AMENDED 10-17-70) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY THE GUARANTEE TITLE AND TRUST COMPANY (A Stock Company - Incorporated 1899) SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, THE GUARANTEE TITLE AND TRUST COMPANY (A Stock Company), an Ohio corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the 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. This policy shall not be valid or binding until countersigned belowby a validating officer of the Company. In Witness Whereof, The Guarantee Title and Trust Company has caused its corporate name to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the effective Date of this Policy~ CENTURY TITLE & ABSTRACT, INC. 325 BELCHER ROAD N. CLEARWATER THE GUARANTEE TITLE AND TRUST COMPANY By' I \ , "0~ .V7J (,. l--' '-""" ~reSident By ~ L! J1 ~ c~~.c-z.-~~;::r Secretary GT&T 8 SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 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 had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder, (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access toCand 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 CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured .c.ofeither - 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 the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by vir- tue of this policy , or (ill) 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 pre- judiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or pro- ceeding 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 provisions of this policy. - (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted 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 judgement or order. (e) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured here- under 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 settle- ment, securing evidence, obtaining wit- nesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any ex- pense 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 PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured (Conditions td, Stipulations Continued and Concluded on Last P~f This POlicy) ,. t r ~. SCHEDULE A File No. 26,609 Policy No. 00133 Date of Policy July 12, 1991 @ 5:06 p.m. Amount $ 102,000.00 INSURED 1. Title to the estate or interest covered by this policy at the date hereof is vested in the insured. THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation created and existing under the laws of the State of Florida 2. The estate or interest in the land described or referred to in this Schedule covered by this policy is fee simple. 3. The land referred to in this policy is situated in the State of FLORIDA County of PINELLAS and is described as follows: Lots 9 and 11, REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 4, page 32, Public Records of Pinel1as County, Florida. ALTA Owner's Policy Form 8 - 1970 (Amended 10-17-70) GT&T3-A t I ~, SCHEDULE B File No. 26,609 Policy No. 00133 This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. ~ ~ xxxxxmxxxX . ~ ~ti~ ~ ~~ ~~~ ~ 2. County of Pinel1as taxes for the year 1991 and subsequent years, which taxes for the year 1991 are not yet due and payable until November 1, 1991. ALTA Owner's Policy Form 8 - 1970 (Amended 10-17-70) GT&T3-B r-- .. ... CONDITIONS ~NDlT;PULATIONS (Continued and Concluded From Revise Side of Policy Face) against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 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 addi- tion 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 author- ization of the Company. (c) When liability has been definitely fixed in accordance 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 maintain- able under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or other- wise, removes such defect, lien or encum- brance 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 jursidiction, and disposition of all appeals therefrom, ad- verse 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 Company. 8. REDUCTION OF LIABILITY All payments under this policy, ex- cept 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 destruc- tion shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing either (a) a mortgage shown or referred to in Schdule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter exe- cuted 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 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 improve- ments 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 SETTLEMENT 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 sub- rogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subro- gated 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 claim- ant, 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 en- dorsements and other instruments, ifany, 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 re- stricted 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 include the number of this policy and shall be addressed to its Home Office, Claims Department, 4445 Lake Forest Dr" Cincinnati, Ohio 45242 THE GUARANTEE TITLE AND TRUST COMPANY HOME OFFICE Cincinnati, Ohio POLICY OF TITLE INSURANCE THE GUARANTEE TITLE AND TRUST COMPANY HOME OFFICE Cincinnati, Ohio ~~t ~ . . CENruRyI TITLE and ABS1RAcr, INC. 325 BELCHER ROAD, NORTH CLEARWATER, FLORIDA 34625 Telephone (813) 797-9033 FAX (813) 796-8718 JOHN W. (BUD) JOHNSON PRESIDENT July 16, 1991 RECEIVED .JUL 2 2 1991 CITY CLERK THE CITY OF CLEARWATER P. O. BOX 4748 CLEARWATER, FLORIDA 34618-4748 Dear Sir: Re: Our File No. 26,609 Policy No. 00133 Legal: Lots 9 and 11, REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S SUB. RAYNER/THE CITY OF CLEARWATER Please find enclosed youc recorded Warranty Deed and Title Insurance Policy covering the above captioned case. If you have any questions concerning this, please feel free to contact ouc office. It was our pleasure to have been of service in this transaction. Should you evec need our services in the future, we will be most happy to serve you. Yours very truly, CENTURY TITLE & ABSTRACT, INC. /"~' I'J /,? \:~ d ) V,,-~l-V~~ John W. Johnson President /ja Enc. CONTRACT FOR SALE AND PURCHASE ?ARTIE$f. Thomas Z, Ra ner ,("Seller"), f)f" 1124 Fairburn Avenu Clearwater FL 34615 (Phone 442-7707-), ~nd Ci ty of Clearwater ,J"Buyer"), ~ 112 Osceola Avenue South, Clearwater, FL 34616 ~~oo 462-6638 ~ hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addendum to this instrument. DESCRIPTION: (a) Legal description ~ Real Property located in P inellas Lot 9 and Lot 11 Padgett's Subdivision R.. H. of Oriqinal Lot.@! 2 <:::'u..2 5 "7 11 I. County, Florida: (b) Street address, city, zip, of the Property is: (c) Personalty: NONE 1156-8 and 1164 Gould Street, Clearwater. FL 34616 II. PURCHASE PRICE ................. .......................................................... PAYMENT: (a) Deposit(s) to be held in escrow by (b) Subject to AND assumption of mortgage in good standing in favor of $ 302.000.00 Prudential Florida Realtv in the amount of $ 2.000.00 having an approximate present principal balance of $ (c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein, in amount of .... ... $ (d) Other: $ (e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this ofJer. is not exeQ.uted by and delivered lOr all parties OR FACT OF EXECUTION communicated in writing between the parties March 22 1991 contlngen~ to counCl on or before . , " the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. Ol-'l-'LUVO.L The date of this Contract ("Effective Date") wilr be the date when the last one of the Buyer and the Seller has Signed thiS offer. N/A N/A N'A 100.000.00 IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer obtaining a written commitment for the loan within days from Effective Date, at an initial interest rate not to exceed %; term of years; and in the principal amount of $ . Buyer will make application within days from Effective Date, and use reasonable diligence to obtain the loan com- mitment and, thereafter, to meet the terms and conditions of the commitment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and, promptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of % per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided). If the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least ...l.S....- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1) or (2)): (1) 0 abstract of title OR (2)0 title insurance commitment. ! .-"1 h VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 5 l 15191 crmtss extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; L1MITATlONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lioos and 7'12 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: No 0 t he r provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Properly from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. INSULATION RIDER: If Contract is utilized for the sale of a oow residence, the Insulation Rider or equivalent may be attached. XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Properly affected by the CCCL, Chapter 161, F.S., (1987), as amended, shall apply and the CCCL Rider or equivalent may be attached to this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1 XJ: may assign OR (2) 0 may not assign Contract. XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached OR (2))Qtis not applicable. CITY OF CLEARWATER FIDRIDA THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. , IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. ~ THl$ FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. ~pproval d(JeS [Jot onstitute Bf10pivion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms , :,~-, --and.]; ','_ _ shOUld oo/negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. - COPYRiGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC. -Michael WrigQ{. ,! -~-~' -:- ~J~/~~ :te- - - --7~ ~/7~ Cynthla E.- " --:-~ty ( I (Seller) 265-12-5468 Mar. 4,19 9Jlte Social Security or Tax I.D. # -~~- Date ,- (Seller) Date -~_::......------ y Attorney Social Security or Tax I.D. # Deposit(s) under Paragraph II received: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By: o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller agrees ta pay the Broker named below, including cooperating sub-agents named, according ta the terms of an existing, separate listing agreement: (Escrow Agent) .. OR o IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller shall pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE) ---51- % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing Contract. If Buyer fails to perform and deposit(s) is retaiood, 50% thereof, but 001 exceeding the Broker's fee above provided, shall be paid Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller shall pay the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Braker's fee, the prevailing party shall recover reasonable attorney fees and costs. PRUDENTIAL FLORIDA REALTY (firm name of Broker) NONE -z.~j~~ (name of cooperating sub-agent) By: (authorized signatory) (Seller) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. FAR/BAR 001-85b Rev 10/89 ~ STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, ,through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title Insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mol'tgag8, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at ~uyer's exp6Me, wittoi6time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey shOws eilCroacQlJ1ent on RellJ Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or i3.pplicable goveihmen.tal rCguli!tion, the same shall constitute a title defect D. TERMITES: Buyer, at-Buyer'S exp~,- witl)in timeO~llowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine -if there is anv .....1ble activ....Jermite infestation or visible existing damage from termite infestation in the improvements. If e~her or both are found, Buyer will have 4 days from date of written nGH6€-}hereof,- wltf1in-Which to have all damages. whether visible or not inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs :of treatnlenrand -Mpair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 days after receipt of contn~ct6r's repair estimale by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing. of- an amOlmt _equal Ie the total-Of tl1e treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organism~'\ requir~d 'to .be r~rted u"'~er: tf1e serida Pest Control Act E. INGRESS AND EGRf;SSj Seller warrants imd_repreSents that there is ingress and egress to the Real Property sufficient for the intended use as..described in Paragraph VII hereof, title to which is irt.acc6in}nC~ with Standard A. _ . F. LEASES: Seller -sha'H, .ftot- kisstf1an .i5 -days b~re closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occuPancy, r~mtal rates, a:jvanc~ rent and security deposits paid by tenant If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that llme"period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all originallenscs-!o Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential Iienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time is of the essence of this Contract Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, jf assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1st 01 year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Efiective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that. as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE: of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida licensed person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition herein warranted. ordinary wear and tear excepted. Buyer shall be permitted access for inspection of Property prior to closing in order to confirm compliance with this Standard. 0, RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Selle(s title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title delect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, FS. (1987), as amended. a. ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, FS. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Sellel' as agreed upon liquidated damages, consloeratlon for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Selle(s option. may proceed in equity to enforce Selle(s rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails. neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in 10terest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by. or to the attorney for any party shall be as effective as if given by odomat party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W, WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. " ..... I I ~ Copyright 1988 by The Florida Bar and The Florida Association of REALTORS, Inc. / . ...;.. I I Addendum To Contract For Sale of Real Estate I .' / Th~ Prudential ~ Florida Realty ADDENDUM NO. A CONTRACT DATED: March 4, 1991 SELLER: THOMAS z. RAYNER BUYER: CITY OF CLEARWATER PROPERTY ADDRESS: 1156-8 and 1164 GOULD STREET, CLEARWATER, FL LEGAL DESCRIPTION: Lot 9 & 10, Padgett's Sub. R.H. of Original Lot 5 It is understood and agreed by all parties with their signatures affixed hereto that the additional provisions of this addendum shall become a permanent part of the subject Contract. As per Agreement of both Buyer and Seller, the closing date will be extended to June 17. 1991. I SEEK LEGAL AND TAX ADVICE PRIOR TO SIGNING, IF NOT UNDERSTOOD. Accepted and Approved ~'/ '~1911_ (J t1<r' ~ UEAIluJ/rrSl., ~-t:A- ,.,,: - '"Ju1l411I\1ff-X (SEAL) BUYE~~ (SEAL) WITNESSES AS TO SIGNATURE OF BUYER: (Two signatures recommended but not required) BUYER WITNESSES AS TO SIGNATURE OF SELLER: (Two signatures recommended but not required) Accepted and Approved ,19 -=::J~OCJ /?~(SEAL) SELLER SELLER (SEAL) 11-89-08 illJI --.---1 lorm Appruv""j nMA No 2502 Oil;" :L..'~_~.,;" \ CENTURY TITLE AND ABSTRACT, INC. ; \ 325 BELCHER ROAD, NORTH I \ CLEARWATER, FLORIDA 34625 I (813) 797-9033 .--J l\ '__u_ _~_____________-I us OEPARTMENT OF HOU51NG AND URBAN DEVELOPMENT SETILEMENT STATEMENT MINNESOTA TITL~ ~~ B TYPE OF lOAN, i 1 [1 FHA 2 .1 Ll VA !, o FmHA [] CON\} INS 3 0 CONV UNlS I ~6~l60'~MRE'l C NOTE. TiltS torm ,s f,,,n,shprj 10 g'v", vo" ~ statement of ~ctu~1 selll..",,,nl COS's Amounts Pll'" 10 and hv Ihe Sl!ltlement agenl are shown Items rnrukPd 'Ip (1 t: J Wf'!rf! paid outsuif. 'hf~ dUSing, Ihf!v (ut' shown tu~re for Inforrn,.Ilonttl purposes and iHP. nnl lnr.ludpri In Ihp. toUlls 7 LOAN NUMBER 8 MORTGAGE INSURANr:E r.t.:";[ N0 I D NAME AND ADDRESS OF BORROWER: NAME AND ADDRESS OF lENDER , i I I i ~ 1 F THOMAS z. RAYNER, unremarried widower and surviving spouse bf LILLIE MAE RAYNER, deceased I 1124 FAIRBURN AVENUE -33~8 CLEARWATER, FLORIDA 34615~ E, NAME AND ADDRESS OF SEUER: THE CITY OF CLEARWATER, FL., \ a municipal corporation I 10 S. MISSOURI AVENUE : CLEARWATER, FLORIDA 34618-4742 i I ---1--- i H OF1 SETTLEMENT AGENT CENTURY TITLE & ABSTRACT, INC. G PROPERTY LOCATION Lots 9 and 11, REVISED MAP THE ORIGINAL Lor 5, B~_H.__J:l-~RGF,:'t'';r' S SUBDIVl.$ION_ NONE - CASH I. SETTLEMENT DATE: 7 /12 /91 PLAC~ OF SETTLEMENT 32~ BELCHER ROAD N. CLEARWATER, FLORIDA 34625 Parties agree that no liability Is assumed by Settlement Agent for the accuracy of Informetlon furnished by others as shown on the HUD-1 SetUement Statement. Settlement Agency hereby expressly reserves the right to deposit any amounts collecled for disbursements In an Interesl bearing account In a Federally Insured Institution and to credit any Interest so earned to Its own account as additional campen sail on for Its services In this transaction. HUD CERTIFICATION OF BUYERS AND SELLERS I have carefully reviewed the HUD-1 Settlement Statement and 10 the best of my knowledge end belief. It Is a true and accurate statemenl of all receipts and disbursements by me In this transaction, I furthar certify that I have received a copy of the HUD-1 Settlement Statements. J. SUMMARY OF BORROWER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: --'~-' - ----.. 101 Contr'dl.l Sillr'~ 11IlCP 1 O? . (\fV'\ (\(\ -----...--- - --- --------< 10? Pf~f'Stlll,d lHflllPrty -----;-- - - --.-, -. 10J Spttll'lllPflf chruqp.s In horrclwPf lIonP. 140m h_OO ~--~_._-- - ______n__ 104 -.---.----.-. -_..-_.-.-_.._" 1 O~;. .------- ...------- Adjuslmp,nts for ,'P,~s paid by seller in advance --,---- -" -.. ...- 106. C,lY!!(IWfl 1;1~f'S tn .- ________n_ 107. Cn""IV ';P(pS to f----------- --- .. .----- 1 DB. Assp.ssllwnts to ----.. -.- .-.--. ___'.m~ 109 -------_.: .--.-..-.---. 110 ---.-.-. -_.-- ... .- -- 111 , -.----. .-----.-----. 112 120. GROSS AMOUNT DUE FROM BORROWER 102,006.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: ~----- 2.000.00 201, Dp.poslt or f:-i.Hnpst monp.v ----.--.-'.- 202. Princ'I",l am""nt of np,w loan(s) -.-.--..,-, '" ---..-- 203. E.ist,nq In;!n(sl';,kp.n sul>jp,cI to , .-.- .. --. 204 1--------- -- ...---'.--- 205, -- -.-.- .__n_ 206, - ------ - 207, -'-- -_.. .- ._' 208 -- 209, .u Adjus'menlS fa, items unpaid by seller 210, City/town laxes to 211 COllnty 1i1)(P~ to - -- 212 .Assp,ssmp,nlS to ---. 213, .------.--- 214 ------- Llo. .-. 216, 217, --. 218. 219, 220. TOTAL PAID BY/FOR BORROWER 2,000.00 300. CASH AT SETTLEMENT FROM/TO BORROWER -- 1(\? r\r\t:. (\(\ 301. GroSS amounl ollr !rom borrowp,r (IInp, 120) 302. lp,ss amounts paid hv/for horrower (lIOP, 2201 I( ?_(\rYl_OO) 303. CASH (n FROM) (0 TO) BORROWER 100,006.00 K. SUMMARY OF SELLER'S TRANSACTION 400. GROSS AMOUNT DUE TO SEllER: 401, Contract sales flric.. 1 O? (\fV'\ (\(\ 402. PP,lsonal properly 403. 404, 405 Adjustments for items paid by seller in advance ,406. City/town taxp,s 10 407, County tllXP,S 10 - 408, Assp,ssm"nts 10 409. 410, 411 412, 420, GROSS AMOUNT DUE TO SELLER 102,000.00 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 501. Excess deposil (se" instructions) 502, Set1lp,mp,n1 charqp,s to sp,lIer lIine 1400) Q , ~5 7---00- 503, ExistlOg loan(s) takp,n subjec1 to 504, Pavolf 01 I"st mortgage loan 505, Payotl 01 second mortgage loan 506. LEON WHITEHURST. JR.. n'PT'v. 875.00- 507, 508, 509. Adjustments for items unpaid by seller 510. Ci'y!town laxes to 511. County taxes 1 11 la1 10 1/-12 la1 923.74 512, Assessmenls 10 513. 514, 515 516 517. 518, 519. 520. TOTAL REDUCTION AMOUNT DUE SELLER 11, 355. 74 - 600. CASH AT SETTLEMENT TO/FROM SelLER 601 GrosS amount due 10 SI'IIp,r (line 420) 1 (\? . (\fV'\ (\(\ 602. Lp,ss reductions in amoun1 due sp,lIer (llOe 520) rU, 355-74,11 603. CASH lx!XI TO) (0 FROMl SELLER 90, 644- 26. 'J~U4 '" /iF THOMASZ.RAYN Selle,'s Signature THE 19 91REAL ESTATE TAXES HAVE BEEN PRORATED ON THE BASIS OF THE 1990 MILLAGE AND ASSESSMENT. THE BUYER AND SELLER AGREE TO RE-PRORATE AND MAKE ADJUSTMENTS, IF ANY-;-WHEN THE ACTUAL TAX BILL IS AVAILABLE. CENTURY TITLE & ABSTRACT, INC. ASSUMES NO LIABILITY FOR DIFFERENCES, IF ANY, WHEN THE ACTUAL TAX BILL IS AVAILABLE. ($291.90 and $369.79) -2- L. SETTLEMENT CHARGES _7gg.TOTJ).!:_S~L_E!)/~.BO_~~_~'S C.QI\!I~ISSION b~_sed on price Sil02 0000 8 %= Division of Commission (line 7001 as follows: '01 5 8,160.00 --.------------ to . THE PRUDENTIAL FLORIDA REALTY to PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 707 S 70:1. Commissioo p~ld ~t Spttlpmpnt 7001 800. ITEMS PAYABLE IN CONNECTION WITH LOAN ROl LOim O"qinatioo Fee o' m RO:;' I.niln DlsCollnt % RO) Apl"i1;.al Fe" to Roa e,,',II' HpPOlt to --- ------...----.----.-.--- 80!;_ t"IHI",'~ Ifl5p(1~1ion rpp 806 MOII<1~CJe In.."ane.. Application Fep 801. ASS"'"I",on F..e --.---------- - ------------.-.-.....--------- -- '-- -- ---- ~_._---- to -------------.-..-----.---..-....--- -..--.------...-..-..--------.-..--.,---.--. 808~~ Fllnr1'nq Fee 809. 810. 811. 900, ITEMS REQUIREO BY LENDER TO BE PAID IN ADVANCE 901 902. 903 'nIPIPS!. frorn to (<U$ /day MOl Iq;H1P Insllf;H1Cf' Prpnlillrn for Hcll;Ud InslIrrlncp PrprnrlHTl fOI monlhs to YP.1rS to 904 905. -------..--------..-.-------...-----------..---- v~a's to 1000. RESERVES DEPOSITED WITH LENDER 1001 H,U,lIl1 inSlIr;HH:p 1002. 1\~()rIClifqp InStll,JnCP rnnnths (@ $ months l'~ $ pe, month lIe' mon,h 1003. C'ly p'opp,ty tilXpS 1004. County p'op~,ty tax~s laOS. Annllill ilSSPSSITlPnt. fllnnths (ill $ pe' month per month per month pe' month months 61 $ months @ $ 1006. 1007. 100R months (Ill S , -- --.._---~------_._._. "'nnlhs ~,) $ months 01 S pe, month p~, month 1100. TITLE CHARGES 1101, Sptllpnwnl or closor,'1 tpl' 10 ~ 1107 1103. 11001. Ahstrilct or 11th:. sPnrch ~~__-l...____________._________________.____ 10 Title eJ(arnin;Jtion to Tifl,.. insuriHlcP hindpr ---'----~._--------- 10 1105. Document p'cpa'~lion to 1106. Not;ory rpes to 1107. Alfn'npy's tpps 10 ._~,._-- -----.----------------.------------------... (includes above items numbers; 1108~i.I;,-:-~~;;_nc;_--..--------~-HCENTtiRY TITLE & ABSTRACT, INC. ---------- (includes above items numbers; ---_.._--~--------_.._-------_._-_._- 11 09. Lpnrl~, 's covp,a"p 1110. Ownp,'s cove,age 1111 1112 1113 S $ 102,000.00 - $785.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 Rpcord,nq'ees: Dl'pd$ 6.00 .Mo'lqa<1~S ;R~Il!~ses$ .---------------- 1702. C'lylcouolV lax/stamps' Dppd S 6.00 1203 51"11' I~x ISlamp. Deed S 612.00 ; MOl I "a'll' $ , MOl t!laqe $ 612.00 17001 --,..~.__.._---~--_._--_._----~----------~_. 120~) 1300. ADDITIONAL SETTLEMENT CHARGES 1301 SlI'vPY 1 :107 P~'.I ,"sppc lion 10 In ---- =1===- 1303 -._---- ---.----- l)()a ---------------.----.---.------.--.--.-------- 1JO~) 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section KI 6.00 9,557.00 HUD 1 (5 761 Thp HUD-l Settlement Sta ttlP f~ 'rrts 10 he disburs 7&2/91 Date WARNING' r ngly make false slatements to the United States on thiS or any other similar form. P'malties upon r.OnV1r.llnn . le and impriS~menl. Title 18 US ~de Section 1001 and Section 1010. I ......~ I I . ,; co- LJ 4 4 6 AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE - 1966 The Guarantee Title and Trust Company THE GUARANTEE TITLE AND TRUST COMPANY, an Ohio corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 DAYS after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, THE GUARANTEE TITLE AND TRUST CO. has caused this commitment to be signed and sealed by its duly authorized officers, the commitment to become valid when countersigned by a validating signatory as of Effective Date shown in Schedule A. THE GUARANTEE TITLE AND TRUST COMPANY By '\2 .V7J~. . {/ \..--"~resident By ~ L Il---L- ,;:::7 (<<~~~~~~ Secretary GT&T 2 " I I '. J AL T A COMMITMENT SCHEDULE A Commitment No. 0446 File No. 26,609 - Effective Date: April 19, 1990 at 5:00 p.m. 1. Policy or Policies to be issued: Amount (a)...... OWner's Policy Proposed Insured: City of Clearwater~ A Municipal Corporation $ 102,000.00 (b)...... Loan Policy Proposed Insured: $ . 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple and title to the estate or interest in said land is the effective date hereof vested in: Thomas Z. Rayner, an unremarried widower and surviving spouse of Lillie Mae Rayner, deceased 3.. The land referred to in this Commitment is described as follows: Lots 9 and 11 Revised Map of the Original Lot 5, R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 4, page 32, Public Records of Pinellas County, Florida. ~ " ALTA Commitment - 1966 GT&T2-A I I -, ALTA COMMITMENT SCHEDULE B - Section 1 Commitment No. 0446 File No. 26,609 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Your attention is directed to the provisions of the Tax Reform Act of 1986 which requires the reporting of real estate transactions to the Internal Revenue SerVlces. All real estate transactions (except for refinances) closed after January lL 1987, must be reported on a form 1099-B which must be comple~ed in full at the time of closing. Item (c) Prior to the issuance of a Loan Policy hereunder, a copy of the Notice to Purchaser - Mortgagor Form, as reguired by the Insurance Commissioner of the -state of Florida, mus~ be properly executed and returned to the office issuing this Commitment (if applicable). Item (d)) Instruments in insurable form creating the estate or interest t9 be insured must be executed and duly filed for record, to- Wlt: e. Warranty Deed to be executed by Thomas Z. Rayner, unremarried widower and surviving spouse of Lillie Mae Rayner, deceased, to City of Clearwater, A Municipal Corporation, conveying captioned property. Schedule B Section 2 of the policy or policies to be issued will contain exceptions to the fo~lowing matters unless the same are disposed of to the satisfaction of the Company: 1. Defects,. liens J. encumbrances, adverse claims or other matters h if any created, Iirst appearing in the public records or attac ing subsequent to the efIective date hereof but prior to the date the proposed Insured acquires for value of record the estate or lnterest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession. 3. Unrecorded easements, if any, on above or below the surface; and any discrepancies or conflicts in boundary lines or shortage in area or encroachments, which a correct surveyor an inspection of the premises would disclose. possible unfiled mechanics' and materialmen's liens. 4. 5. assessments required to paid in and sUDsequent years. , which taxes for the year 1991 are not yet due and payable. the General or special taxes and year 1 qql ALTA Commitment - 1966 GT&T2-B3 . . I I . ~...- -, . . CONTINUATION OF SCHEDULE B- II 6. Subject to TUF Reservations as to Lot 9, as recorded in Deed Book 1014, page 375 and 376, Public Records of Pinellas County, Florida. 7. Subject to TIIF Reservations as to Lot 11 as recorded in Deed Book 945, page 28, Public Records of Pine11as County, Florida. GT&T 37 , ,r" .' I I 1I,," CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the 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 Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations. 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, 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 Insured may have or 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. NOTE: The language contained in the printed Exclusions from Coverage and Conditions and Stipulations of the policy committed for may be examined by reference to forms on file in the office of the Department of Insurance or by inquiry at the office which issued this Commitment. The Guarantee Title and Trust Company HOME OFFICE 4445 Lake Forest Drive Cincinnati, Ohio 45242 , ~l ~t' L.1'f"( 0 '-LeA~~-re~ SEC. ..LL TWP. ~ RGE. ~ c..~..q-LJ~"( 1ITLe. ~ Ae,~~<'i, rN(.,. f, _~ k x 'I---W--V_'-=-\:r.~~G~AI~ LINK. fe~~ ~ ~R.. t; 0 I ~ .sIR- J '~~ c:a FI~ (3(.,e"1) ~ (~32. .3 6, ""4-' S O.~4'? <'),rll'W Ooll>\N -- 1,(0' PREPARED FOR: 50uTH l>OlJNDAro.{ of- ~crr 4- or ".H. PADbe.rr:5 SUB. vf:'v 't~ ;f o N , Z.4- Ii : ill J "2 \1l '> 0{ 1 ~ .J\ Q <( r g \lI \L 'v Lor '3 ,Ji~ I ~rJ'- ~ . 0"1 ,..I'\Y~ A' \ f" . ~o \ :(&0 \pvP>-- n D .J \1l \L v ~ -J () \f< :::::. Q ~ < \J .j) f'OINEF.4 rOLf ...r I (.... 1 ~J ~ ~ r-.... 1 ~ o..J () \r\ :r. ~ ~ '" j. C\.. -....) L~ E. ~.P ?I~ -:::. ~t=-r I J2DN 1200 F'e ~fOUND .'IZo'-J I2DD ~e.L.,::o. S~L-r' o~ (wf.~ 10 WN5Hl P ~e... .::. F-A /IJ G::l e () \S' ~ - \f' '<l 200 I ..... FIl<_ 1,~'~wAu..1-ii __.__1A.o;t ....'... " ,J\ '. w....LK -;:;'____. .__...... ~ l'f I't\ &0 ULt::::. ~e E.I' --- - ------t.--- (30' ~u.~,-. 1Jf'-WAY ') (24- I WIDe P","VEfJ\E:t.lT"J 110' I"'l IYi A SURVEY OF Lc1' ~ I ~\lI~O r--1Ap {)f fl.. H, pA Db e.Ti' '~ SUB D/v/s/aA..j of L.OT~ Of/l4E Se.Y4- Of THE NW'/J, of SE..c-.I?,TWp,29S.} ~bE.15E. AS RECORDED IN PLAT BOOK --L , PAGE ...2..L , OF THE PUBLIC RECORDS OF PINEllAS COUNTY, FLORIDA FL-ooO Z-Ot-JE. <::.., L.I-(:( OF <::L$AIZWAT€l<: , fll1JJ\ 12?o~G, PANEL OO,~f) (u". (p-'-e~) I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE. DATE: 4- -'O~CJI EVANS LAND SURVEYING OWN. BY: l' G INV. NO. 9(-IGo7 2300 MAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 E3olJr--1DAg.y 5c..Jf?.ve:y 01JLY ~.~ . tAR .. L EVANS Ro. Reg. No. 2937 I AFFIDAVIT OF NO LIENS I STATE OF FLORIDA COUNTY OF PlNELLAS BEFORE ME, the undersigned authority, personally appeared THOMAS Z. RAYNER, unremarried widower and surviving spouse of LILLIE MAE RAYNER, deceased whe, being first duly sworn, depose and say: 1. That they are at present in possession of Street Address Legal Description: the owners of the following described property and are the same, (please fill in) Lots 9 and 11, REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 4, page 32, Public Records of pine11as County, Florida. 1 That they have good and merchantable title to said property, its 3p?~r:enances and hereditaments, and that there is no outs~andi~g unrecorded contrac~ ior the sale or the aforesaid property to any party other than the herein described ?urc~a~ers, nor any unrecorded lien, mort;age, deed or other conveyances affecting their title, nor do they have any knowledge of any person in dispute to, legal actions :endi~g, ~r alledged claim against, their title to said ?roperty, nor does any ?arty hold a Judgement against them in this state in any manner whatsoever. 3. That there have been nO liens filed, or services or material furnished to the property tor which a valid lien could be filed, nor has there been material or services furnished to, or labor perxormed on said proper~y :or which there are unpaid bills. That!!l utility bills (water, sewer. electric, maintenance fees) have oeen oaid or ~ill be oaid uoon recei~t of final bills. ----------- ~. That no notice has been received of any public hearing regarding assessments for iillprovemen~s by any goverr~ental agency, and ~here are no unoaid ~axes, ~~ unpaid assessments due any governmental agency for improvements or o~herwise. 5. That this sworn statement is made for the express purpose or inducing CENTURY TITlE and ABSTRACl', INC., 1:0 insure title, and THE CITY OF. CLEARWATER, FLORIDA, A municipal corporation created and eX1st1ng under the laws ot St. of Fl. 1:0 ?urchase said property and accept a deed of conveyance thereto, and they do fUither de~ose that the marital s~atus set forth in the aforesaid deed is correct. 6. The Affiants fur~her affi~ that We swear we have read the foregoing and all statements contained therein are true. 'Jj,~t:i/,) :i. f1~-r-- THOMAS z. RA~NER (SEAL) S~ORN TO and subscribed before me this ( SeA L ) 12th ~o~ J /-Jp:~ . /("fcCC' ~d'({:t{ //, . OT-\~ PUBLIC(/ ( / / . / ./ ~I):'..--commiss' on/ expires: /O/J llr/ I ~ FUTURE ADDRESS AFTER CLOSING: ) / j..t,/- / 6.n ~'Y/') /f-<'CL/ /,..}/l . L L~') L/{.-(d.-1. U",a:'l- C-( / r: Ul:> '3 t;tt / .s- FLORIDA CRDIINAL STATtITES RELATING TO PERJURY APPLY TO' THIS DOCUHENT. I I A F F I D A V I T (Individual Transferor) TO: THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation created and existing under the laws of the State of Florida Transferee (Buyer) section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a u.s. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon my disposition of a u.s. Real property interest, I (WE) THOMAS Z. RAYNER, unremarried widower and survivin s use of LILLIE E YNER, dec. transferor , hereby certify the following: 1. I (WE) am (ARE) not a nonresident alien for purposes of u.S. income taxation; 2. My U.S. Taxpayer identifying (Social Security Number) is '2?r--/2- - S-<lt.J~ 3. My (our) home address is Mrs. I (WE) understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here could be punished by fine, imprisonment, or both. Under penalties of perjury I (WE) declare that I (WE) have examined this certification and to the best of my (our) knowledge and belief it is true, correct and complete. DATE: 7/12/91 ~ Jj~~ ~ k(~~ T~ansferor Selle) THOMAS Z. RAYNER Transferor (Seller) STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid to take acknowledgments, personally appeared 'IlJ:MPS z. RAYtiER, l.I1CEIfaIXi.Erl wid::J..er arrl a.rvi.vi.rg ~ of LITLIE MAE RAYtiER, ~ to me known to be the person descr1bed in and who executed the foregoing instrument and 00 acknowledged before me that he executed the same. MY COMMISSION EXPIRES: /C~7;:/ r . seal in the County a~d Stat~_~ast aforeg~ia)this ,19 91. (l /t. /)/. (/~ I /., ?l. ,/.t"ctf'Jf. . ./ ;' !. (/~~[;/jt -~ WITNESS my hand and official 12th day of' July I SUBSTITUTE 1099 FORM-S I 1. Preparer's name, address, city, state and zip code .. C II Cl < CENTURY TITLE & ABSTRACT, INC. 325 BELCHER ROAD N. CLEARWATER, FLORIDA 34625 2. Agent Number A 09639 3. File/Order # 26,609 6. Seller's Name OMAS Z. RAYNER, unremarried widower and surviving spouse of LILLIE MAE RAYNER, deceased 4. Seller's Taxpayer 10 Number 265-12-5468 .. .! Gi (I) 7. Sel.Jer's Mailing Address (first line) I-/': / /~ ;g C/ ^'ltJ /9- II {;- 8. 5. Oete 01 Sele/Closlng 7/102/91 9. City e Lr/lKu/r} Te:K 11. Zip Code 3'/-t /S- 10. Stete r~ }] 12. Property Description Lots 9 and 11, REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S 13. Property Description SUB. 14. 0 Check If transaction includes non-monetary proceeds, 15. Gross Sales Price $102,000.00 Type or Print Legibly Original - T1CM Yallow Copy - Sellar Pink Copy - File This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SOLICITATION You are required by law to provide the above named preparer with your correct taxpayer identification number. If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. CERTIFICATION Under penalties of perjury, I certify that the number shown on this form is my correct taxpayer identification number. /7L-.~;Ijr~ THOMAS Z. RA~ature f Seller -7/U/91 Date TIM 3420 1/88