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1ST NATIONAL BANK OF CLEARWATER S:.).' ~ I 6'7'397 I N~" t 99~; 1 4 t,,!~yt\ JUN 4,,!-,__1_ ,---/ I PINELLAS COUNTY FLA. OFF.REC.BK 7604 PG 2378 PERSONAL REPRESENTATIVE' S DEED THIS INDENTURE is made this ~~ rl'\ day of June, 1991 by ALIDA BELLE DESPER and THE FIRST NATIONAL BANK OF CLEARWATER, the duly qualified and acting Co-Personal Representatives of the ESTATE OF IRA A. DESPER, deceased, as a surviving Representative Partner of Skylark Opportunities, a Florida General Partnership, "Grantors", and THE CITY OF CLEARWATER, FLORIDA, whose mailing address is 112 South Osceola, Clearwater, Florida 34616, "Grantee". p.D; !!)O'l, ~,'~~'j, '," .:]','. J WIT N E SSE T H: (~1 LO..J(j)JaJ..fU'~'f ff. v '-141 WHEREAS, Ira A. Desper, died testate a resident of Pinellas County, State of Florida on October 22, 1990, seized and possessed of an interest in the real property hereinafter described; and (H::"'JQ~C9 WHEREAS, the provisions of Article IX of the Last Will and Testament of Ira qO!!T Desper, deceased,. which was ad~i ~t~d to probate in the Circuit Court f<;>r - '~nellas County, Flor1da, Probate D1v1s1on, Case No. 90-5999-ES, confers upon sa1d ""'Co-personal Representatives full power and authority to sell and convey real ,~---.-~operty described herein; and whereas the undersigned Grantors wish to sell said ___.J;U:operty to Grantee pursuant to the terms and conditions of that certain Option To F;',~____ Purchase in favor of Grantee, dated May 14, 1987, RII'V' --- NOW THEREFORE, by such authority and consideration of the premises and the -,-. ~'" rchase price to be paid as set forth in the aforesaid Option To Purchase, the TOTAif ,ndersigned Grantors grant, convey and confirm unto the Grantee, its successors and ~ signs forever all of the interest of said decedent in and to the real property ~ situate in Pinellas County, Florida, described as follows: . ;"1> , }.;' ).., ,r( :) ~ ',' ;, ):~<:~~' ,,' I, _l LOT 4, JANIE DANIELS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 23, of the Public Records of Pinellas County, Florida. Pft~L pi J~{1 / lEi! :Fl~ &~ / tOO I oblflJ TOGETHER with all and singular the tenaments, hereditaments, and appurtenances belonging to or in any way appertaining to that real property, subject to all restrictions, reservations, and easements of record, if any, and ad valorem taxes for the current year. IN WITNESS WHEREOF, the undersigned, as Co-Personal Representatives of the Estate of Ira A. Desper, deceased have executed this instrument under seal on the date aforesaid. Witnesses: .!. By:./ &.~ ~ ~ (Seal) ALIDA BELLE DESPER, Co-Perso a Rep.6f', the Estate of Ira, A. Desper, Dec~ased ,. i':[::;; STATE OF FLORIDA COUNTY OF PINELLAS " ,'\":.,:.\ ,'. .('..':~;~:'i -,,~i'-' ~. I J. J..- IV" . I HEREBY CERTIFY that on this ~~ day of June, 1991, before me~.~n affic~r" authorized to take acknowledgments, personally appeared ALIDA BELLE DESPER, to- Personal Representative of the Estate of Ira A. Desper, Deceased, to me known to be the person who signed the foregoing and acknowledged the execution thereof for the uses and purposes therein set forth. WITNESS my hand and official Docu,",clC;-,"; '...,':' , qD.DO' . '.- .". '~_'_;"'"""-,,,.J County and State last aforesaid. ,.}t~W) $---.,.--- .' ?.:!. Karleen F. Dz 'O,,'~:: <,,' . ',10' . ". By ll.l.' _ ',' .~,. ;Jilt'/ ---- u~'u., ....'erk This Instrument prepared by & Re~Hrn Elwood Hogan, Jr., Esquire Bonner, Hogan, Pearse & Coleman, P. O. Box 1640 Clearwater, FL 34617 Expires: ~"; , P.A.- f i My '20, 1993 :;:'-j oto:ry l)~_:'~,~ 1""" :.: ':C:t'D of r.[o:,:k~_(J Ka.TItJlJ LiD: ShLl,;JO)\t Tl i I a -CLuj p.O OD'f- d. 75!.p CJ LV 3<-1 Y I 7 KARLEEN F. DEBLAKER ~.E:~K RECORD .YER IJ=.J.F..:I:I.13'LL..." ,'~ (it e ) L-{ O~ '-I ... ... ifII"f' ..;, .- STATE OF FLORIDA COUNTY OF PINELLAS J 1 PINELLAS COUNTY FLA QtF--.+REC · Bt\._Z~J)_1 f!3__ 23;9 +i I HEREBY CERTIFY that on this d Y day of June, 1991, before me, an officer authorized to take aCknowledgments, personally appeared Van G. Bartkus, Jr., Vice President and Senior Trust Officer, of THE FIRST NATIONAL BANK OF CLEARWATER, Co- Personal Representative of the Estate of Ira A. Desper, Deceased, to me known to be the person who signed the foregoing and acknowledged the execution thereof for the uses and purposes therein set forth. WITNESS my hand and official seal in the County and State last aforesaid. )!jJJJf J expires: Notary Public, Sicte, of F1mida My Commlscio!l E::piIC" Api';) 20, 1993 ""on9' I .., ..:.J ;7 O"ti 04 , J. RECORDING DOC STAMPS rHErt.' ~ I ",.r\ WJB 06*- 2lj-w_:1 i ,.,. '" " ... -.. '. .:.!...,..: ~-:"":l .~.:: TOT/;L~ ulY!= T~~!ni:-h;~'rt;. ~ ,H f ~ I .,l:..n...) ~:'_...' ~ --C~rl~~\'~~~~'-~: I I CITY OF CLEARWATER Interdepartmental Correspondence Sheet FROM: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney~ Purchase from Skylark Opportunities - Lot 4, Janie Daniels Subdivision for future development TO: RE: DATE: July 12, 1991 As a follow-up to my memo of June 25, 1991, enclosed for your records are original deeds and title policy regarding the above transactions. MAG: jmp Enclosures RECEIVED JUl 1 5 1991 CITY CLERK . --~ ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS -o! !' ~ -~ t'.i POLICY OF TITLE INSURANCE ISSUED BY 91030096 STEWART TITLE t t t f t I I I t GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM C'.,RAGE, THE E~TIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND ~PULATIONS, STItART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures,llt of Date of Polic~~'hown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Sch.le A, sustained or:;i~curred by the insured by reason of: I ' "4~; 1. Title to the estate or interest described in ~Ie A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and N&l!J1 t The Company will also pay the costs'_~ to the extent provided in the Conditions ~~ '-hr~ defense of the title, as insured, but only IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date of his policy to be signed and sealed by its Chairman of the Board Co~ ~L/~ A"uthorized Signatory t I t t t t t · t f t Company City, State The following matters are expressly excluded from the cove expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (incl.tq,building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or . the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership 0 ns or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any vio inances or governmental regulations, except to the extent that a notice of ~he enforce,mentthereof or a notice. of a defect, lien 0~)71h~~m~~~n(~II\~wl,ling from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. . , (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no 1055 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. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. --- --- --- ~ -.,. -..,.. Page 1 of Policy 0-2111- Serial No. 15703 211 (Rov, 4-6,90) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (0) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Companr would hove hod against the named insured, those who succeed to the interest 0 the named insured by operation of low os 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": on insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to on insured by reason of the public records os defined in this policy or any other records which import constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and im~rove- ments affixed thereto which by low constitute real property, The term \ land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roods, avenues, alleys, lones, ways or waterways, but nothing herein sholl modify or limit the extent to which 0 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": records established under stote statutes at Dote of Pol- icy for the purpose of importing constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" sholl also include environmental protection liens filed in the records of the clerk of the United States ..djstd.ctcourt for thedistrictinwhicb_tbeJandtsJQ~a-'ec:[,- ',. '-,,' , ".' '_ (g) "unmarketability of the title": on alleged or apparent matter affecting-. the title to the land, not excluded or excepted from coverage, which would entitle o purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of 0 contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy sholl continue in force os of Dote of Policy in favor of on insured only so long os the insured retains on estate or interest in the land, or holds on indebtedness secured by 0 purchase money mortgage given by o purchaser from the insured, or only so long os the insured sholl hove liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest, This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a 'purchase money mortgage given to the insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(0) below, (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, os 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 os unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company sholl be preludiced by the failure and then only to the ext~nt of the prejudice. 4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. ;_.j9) l),pon wril!en requ7~LI:lY the. ins~r~d ~nd subjectto the oetion,s <:ontained. In Secllon 6 of these Conditions ana Stipulations, the Company, at Its own cost - - and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable causel to represent the insured os to those stated causes of action and shall not be liab e for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company sholl hove the right, at its own cost, to institute and prose- cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, os insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company sholl hove brought on action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdic- tion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment pr order, ~ I (d) In 011 cases where this policy permits or requires the Company tOlrose- cute or provide for the defense of any action or proceeding, the insure sholl secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the nome of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company 011 reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit. nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful oct which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall ter- minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5, PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, 0 proof of loss or dam- age signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage sholl describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue _911ylitigatil.lnLV>'ith.regard to. the matter orlllCltte.rs rEl.9uiring such proof o! loss or damage. " In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places os may be designated by any authorized representative of the Com- pany, 011 records, books, ledgers, checks, correspondence and memoranda, whether bearing a dote before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of 0 third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company sholl have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. _ ., ,U~on the exercise ?y th7 Company of this option, all liability and o.bligations to -the Insured-under thiS pohcy,.otlTerthon to- make the payment reqUlred,sllall- terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation, (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol- icy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litiQation. 7. DETERMINATION, EXTENT OF LIABILITY. This policy is 0 contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered lois or damage by reason oratters insured against by th, is policy and only to the extent herein describe - , . (continued and concluded on last page of this policy) "'lL TA OWNER'S POLICY I I mls SCHEDULE A 15'703 Order No.: 91030096 Date of Policy: June 24, 1991 1. Name of Insured: Policy No.: 0-2111- 15703 Amount of Insurance: $ 45,000.00 CITY OF CLEARWATER, FLORIDA 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA 4. The land referred to in this policy is described as follows: Lot 4, JANIE DANIELS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of PINELLAS County, Florida. REG, 00012 Page 2 STEWAR"r TI"rI..:E GUARANTY COMPANY AL TA OWNER'S POLICY I Order No. 91030096 I SCHEDULE B Policy No.: 2111 O~-15703 This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: delete 1. Ri s. delete 2. E delete 3. E y delete 4. delete 5. ~ delete 6. An~ot' go s, Ii 7. Taxes for the year 19 and thereafter. 92 2113 (Rev, 6-87) Page 3 STF~WAR'r 'rrrI..]~~ GUARANTY COMPANY ".....~ l:ONDITIONS AND STIPULATIONS continuel (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (Q) (This paragraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accor~ance with Section 4 of the Conditions and Stipulations. 8. 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 the p'arcels 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 improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage 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. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. AIl/ayments under this policy, except payments made for costs, attorneys' fees an expenses, shall reduce the amount of the insurance pro tanto. 11. 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 a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and 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 to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol- icy, 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 reme- dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shal! permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required tOlay only that part of any losses insured against by this policy which shall excee the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea- son of this policy_, 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur; ance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having iurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole, (b) 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 by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a 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. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the rolicy shall be deemed not to include that provision and all other provisions shal remain in full force and effect. 17. 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 the Company at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE GUARANTY COMPANY ~ - ~ - - --- - - - STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY \.::!~ -- - - ---- -+- \~ " ~ SanCliry of CO!llracr STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 - ~ -- - -- --- - - --- ~~ POLICY OF TITLE INSURANCE 'J , CITY OF CLEARWATER Interdepartmental correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney~ Purchase from Skylark Opportunities - Lot 4, Daniels Subdivision for future development RECEIVED JUN 2 7 1991 City CLERK Janle FROM: RE: DATE: June 25, 1991 The subject purchase was completed on June 24, 1991, and enclosed are the following documents: Settlement Statement Title Commitment # C-9912-717866 issued by Stewart Title Guaranty Company Survey Copy of warranty deed from Sally Jo Forester, as one of surviving partners of Skylark Opportunities, to city Copy of warranty deed from George W. Stone, individually and as successor trustee of J. o. Stone Grandchildren's Trust, as a surviving partner of Skylark Opportunities, to City Copy of personal representative's deed from First National Bank and Desper to City Copy of certification of status for former partnership, Skylark Opportunities Copies of the following forms for Forester, Stone, Desper and First National Bank: disclosure, information for real estate 1099- S report filing, authorization and acknowledgement form, non- foreign certification form, and indemnify and affidavit form Copy of authorization and acknowledgement form and indemnity and affidavit form (City) I will forward the original deeds and title policy when I receive them. MAG: jmp Enclosures Copy: Daniel J. Deignan, Finance Director wjcopy of Settlement Statement MIS 11099) OMU No, 2502,02b5 A:~---~,;-'\-U.S. DEPARTMENT OF HOUSING AND URfN DEVELOPMENT ---~-----J; B. TYPE OF LOAN 1. 0 FHA 2 CJ'FMHA 3,0 CONV, UNINS, 4. OVA 5. 0 CONV, INS, 6, FILE 17, LOAN NUMBER 91030096 NUMBER -~ 8, MORTG INS CASE NO, C. NOTE: This form is furnished to tve you a statement of actual settlement costs Amounts paid to and by the settlement agent are shown. Items marked ("p,o.c,") were paid outsi e the closing: they are shown here for information purposes and are not included in the totals, D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA ADDRESS: E. NAME OF SEllER: SKYLARK OPPORTUNITIES, A FLORIDA GENERAL PARTNERSHIP ADDRESS: SElLER TIN: F, NAME OF LENDER: CASH TRANSAcrION ADDRESS: G. PROPERTY LOCATION: LOT 4, JANIE DANIELS SUBDIVISION H. SETTlEMENT AGENT: STEWART TITLE COMPANY OF CLFARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918 ADDRESS: 1290 COURT STREET CLEARWATER, FL 34616 PLACE OF SETTLEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTlEMENT DATE: ADDRESS: 1290 COURT STREET JUNE 24, 1991 CLEARWATER FL 34616 175th DAY OF YEAR 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 45 000.00 401 Contract sales prICe 45,000.00 102, Personal properly 402 Personal property 10J Selllement charges to borrow (line 1400) 497.50 403 104, 404 105, 405 Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance: 106. Cily /Iown taxes 10 406, City/town taxes to 107, Counly taxes to 407. County ta'es to lOB. Assessments to 408 Assessments to 109 to 409 to 110. to 410, to 1". 411 112. 412 120 GROSS AMOUNT DUE FROM BORROWER: 420, GROSS AMOUNT DUE TO SELLER:: 45,000.00 45,497.50 200, AMOUNTS PAlO BY DR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SEllER: 201. Deposil or earnest money -0- 501, Excess deposit (see instructions) 202, Principal amount of new loan(s) 502, Selllement charges to seller (lme 1400) 290.00 203, Existing loan(s) taken subject to 503, Existing loan(s) laken sub,ect to 204, 504 Payoff 01 tirst mortgage loan -0- 205. 505, Payoff of second mortgage loan 206. 506 207. 507 20B, 508, 209. 509, Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210, City /Iown taxes to 510, Cityllown taxes to 211. Counly taxes to 511 County taxes 1/1/91 to 6/24/91 227.00 212, Assessments to 512, Assessmenls to 213. 10 513. to 214, 514, 215, 515, 216, 516, 217. 517, 21B, SIB, 219. 519, 220, TOTAL PAID BY/FOR BORROWER: -0- 520. TOTAL REDUCTION IN AMOUNT DUE SElLER:: 517.00 300, CASH AT SETTlEMENT FROM/TO BORROWER: 600 CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross amount due from borrower (line 12{}) 45,497.50 601. Gross amount due to seller (line 42{}) LtC; nnn,OO 302 Less amounts paid by Ifor borrower (line 22{}) -0- 602. Less total reductions in amount due seller (line 520) 517 ,00 303, CASH log FROM) I~ BORROWER: 45,497.50 603. CASH IW TO) ~ SElLER: 44,483.00 SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being furnished to t~e 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, ' SELLER INSTRUCTION-If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and lor Schedule 0 (Form 1040). You are required by law to provide I. R. S with your correct taxpayer identification number, If you do not provide I. R. S. with your correct taxpayer identification number, you may be subjeclto civil or criminal penalties, Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. DRIVER I S LICENSE & SOCIAL SECURITY NUMBERS REQUIRED !!!! Seller p/' MIS UJ! - ----------1------ I P^GE 2 OF OMO No, 250202Ii:, !!II PAID FROM PAID FROM L. SETTLEMENT CHARGES BORROWER'S SELLER'S FUNDS FUNDS 700 TOTAL SALES/BROKER'S COMMISSION Based on price S @ %= A T SETTLEMENT AT SE TTLEMENT ~iviSion 01 commission (ltne 7001 as lollows' -~..,~_._-----~--------_._--~--- - - ---------------- ------ .--...-.-....- ------------. ..... ----.-- -------- .---.----------.------ ____.nn.._._. -- ---- ----.-- ,-- .. _____u_..__,_.~__._..__ ._--- 701$ 10 ----- ----- - __ ______ n___. _ __________ - . - -. .--.-.--. u. _.. ---.---....------- ____no _______ - . ~-p--------- - -.- -.-.---- - ---- -----"..-...----.-------- ------ 70U to ~---------~-_._~_..---- ....- U. _________._n_ --~--------- -- ------~------- --- ------ ------. ---------._--- - .----------- . 703. Commission paid at selllemenl .-.---- --- ------- ---_._-----------~.- 704 BOO ITEMS PAYADLE IN CONNECTION WITH LOAN. BOUoan Origination lee % ---, B02 Loan Oiscounl A/A ------_._--,--~-_. B03 Appraisal Fee to --~--------- -----,.---------.--- - B04 Credit Reporl 10 - B05, Lender's IOspeclion fee - 806, Mortgage tnsurance applicalion lee fo B07. Assumption Fee --- BOB, --- B09 - BID. --- Bl1. 9OO.ITEMS REQUIRED DY LENDER TO DE PAID IN ADVANCE. 901.Inlerestlrom to @S Iday 902, Mortgage insurance premium for 100.10 903, Hazard insurance premium lor yrs, to 904, yrs to 905, 1000, RESERVES DEPOSITED WITH LENDER tOOl. Hazard insurance mo,@S . ,.' " per 100 1002 Morlgage insurance mo,@S per mo "" '.,." 1003, City property laxes 100, @S . " . ".." " per 100 1001. County properly laxes mo. @ S per mo " 1005, Annual assessments (Mainl.) mo,@S per mo , ", ". 1006 mo,@S per 100 . . "i:, ' ,,: ,. " 1007 mo. @S pel mo ,,' .<<.:c,.,,'.'. ,,' .. ", "i" IOOB, 100 @S per mo. ',' ,','.... '. ,", , "" ",,' ,":, .' 1100 TITLE CHARGES: 1101. Selllemenl or closing lee 10 1102, Abstracl or tille search to ~'1Y"' lnn nn 1103, Title examinalion 10 1104, Tille insurance binder to 1105, Documenl preparalion 10 - 1106, Nolary lees to 1107. Morney's lees to 10 (includes above items No ':i;~;':\'J'.~ "')V~:';;';1 ':.: ....<.:";".;,"','." ,"<' 110B Title insurance ( 1101 ) 10 STEWART TITLE COMPANY OF CLEARWATER, INC. 375.00 (inCludes above items No, :iB-'lf' ,. .y.., ,!, ,',,",', I;:~;_:< ,': 1109, Lender's coverage S l';~,:i~J..'.t ;' >~:?i !?:~~)f~::~~fit:'~)\{~'~~}~*~ 1110. Owner's coverage S 45,000.00 '};::' -,.~. ~I '~t. "T ,2'(. "," ",~..>:,,/ ,,'~ ;!."~~~;,\<,,,,;' ." . f~~:fM~~.1I~.,,; ....,-, , :" i" "_":','.- ,"':..... 1111 1112 1113. 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed S 12.00 ( 2 ) Mortgage S Releases S 12.00 1202 Citylcounly tax/stamps: Deed S Morlgage S 1203, Slate lax Isla lopS: Deed S 270.00 Morlgage S 270.00 1204 RECORD AFFIDAVIT AS TO GENERAL PARTNERSHIP 15.00 1205, RECORD PERSONAL REPRESENTATIVE DEED 10.50 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey 10 EVANS LAND SURVEYING POC 1302, Pest inspeclion to 1303 CITY OF CLEARWATER-A.SSESSMENT SEARCH 5.00 1304, 1305, 1400, TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, SectIon K) 4q7 c;n 290.00 ERllFICA liON: I have carefully reviewed the HUD-l Settlement Stalement and to the bast of my knowlaclge and ballel,ltls a true and accurate statement of all receipts and disbursements made on my accounl or by me in Ihls transaction. I fC:lher certify hall have received a copy 01 HUD-l Seltlement Stalement. ~~ )RJ SKYLARK OPPORTUNITIES Fl' d 1 CITY OF CLEARWP\ FLO DA . a orl a genera ~artner- .. ~.. ./ I~, hi p Borrowers OY: r If~!Z.. I~.U,T.,",,/ Sellers. PE on 1 re Tolhe b~0~n9wrge.the HUD,l Seltle Ich I r IS a trr _ra(;..4tfff:J.which were received a~);;Je been~J;PA:)UrI}~J:lderP,g~~as pa~f~he s~tP.me;l(~its?ransac~n p. _I 7. ,//1./ - ' -/ / 1// kiZL.l IT (/Ii, 'i/ /. - .//1 l. ~ ' JUNt; 24, 1991 lerle7(1~N'tin~ -~ Dale l ER' AN /0 PURCHASER'S Sl A TEMENl Seller's and Purchaser's signature hereon acknowledges hlsllhelr approval of tax prorallons and signifies their underslandlng Ihat prorations were based on taxes lor the preceding year. or esllmales or the current year, and In Ihe event of any change for the current yaar, all necessary adluslmanls mull ba made bal_n Seller and Purt/laser; likewise any delault In delln~uent taxes will be reimbursed 10 Title Company br, the Seller. Title Company, In lis capacltr, as Escrow Agent, Is and has baen authorized to deposit all funds II receives In this tranaactlon In any Ilnanclallnstltutlon, whelher alllllele or not. Such IInanclallnslllutlon may provide Til e Company compuler ccountln~ and audit services d reclly or throut a separate entity which. II alllllated with Title Company, maI charge the IInanclallnslltutlon reasonable and pro!:':r com~ensatlon therelore and relain any profits Iherelrom, Any escrow lees ~aid by any arly Invo ved in this Iransactlon shall only be or checkwrltlng and Inpullo the com pulers. but not for aloresa d eccountln~ and audit services, Title Company sha I nol be lable lor any Inlerest or olher charges on the oarnesl mooer, and shall e under no "ty to Invest or relnvesllunds held by it RI any time, Sellers and Purchasers hereby acknowtedgaand consent to the depos I oflhe escrow money in linanciallnstHutlons with which Tille Company has or mar have other baokin~ ro ationships aod further onsenl to Ihe relention by Title Company andlor its alllliates 01 any and all bonellls (Inctudlng advanlageous Intorosl rates on loans) Title Company and lor Its alllllates may receive Irom such linanciallnshlutions by reasoo 0 Ihoir mainlenance 01 ,.id scrowaccounts. The parties have read the ahove s,ntences, recognize thatlhe recltalions herein Rre mRlerlal, agrlltl to same, and recognize Tille Company is relying on Ihe same, pUT:}1aserS/Borrowers Seflers ,:or: CITY OF CLEARWATER. FlDRIDA BY: THE FIRST NATIONAL RANK OF r.T.F:ARWATER Co P. R. WAft.I.S: It Is a crime to knowingly make lalse slalemenlS 10 the United States on Ihis or any other slmltar fo.m, Ponalties upon conviction can include a line and Imprisonment. For del ails see: Title 18, U,S, Code Soction 1001 a~d Seclion 1010 v ~' . M If, LDI . --------1--- -t- I'^GE 2 OF OMO No 2502021i'i PAlO FROM PAlO FROM L. SETTLEMENT CHARGES BORROWER'S SELLER'S FUNOS FUNOS 700 TOTAL SALES/BROKER'S COMMISSION Based on price S @ %0 A T SETTlEMENT A T SETTlEMENT Division of commission (Ime 700) as follows: ---------~-----------------~----- -----~~.-.- -.---- "-----~-~-~------ .----------- --...--..-.--..-- ---_.---_.,-~----- ---- -..---.. .. - ---------._-.. ---.- -"----~---_._----,--- 701 $ to -~..,- ---------~-- --------- - --------- -. ------...--...-- _. - ___u._______ ,--,-- .-...".--. .. u_ .,....._, -..-- ---.. -,.--_..-.. -.- --.-------.-.-.. 70n to -.-- -----~---_._-_..----,._. .------ -------._- - --- .---.-- --..-..-.. - -----"---------" -,--- -, 703, Commissioo paid al settlemenl -------- -------------------- -- 704. 800 ITEMS PAYABLE IN CONNECTION WITH LOAN. 801 Loan Origination fee % ------ ------- 802 Loan Discount % --._----~---------------- -------------- 803 Appraisal Fee 10 ----- ---.--------- ---. ---. 804 Credit Re~orl 10 80S Lender's ,nspeclion fee . 806, Morlgage Insurance applicalion lee 10 801. Assumplion Fee ---- --------- ,- 808, 809 810, ---....---- 811 900 ITEMS REQUIRED BY LENOER TO BE PAID IN ADVANCE. 90! Inlerest Irom to @s Iday 902, Mortgage insurance premium for mo. to --.--- 903 Hazard insurance premium for yrs, to 904 yrs to 90S 1000 RESERVES OEPOSITED WITH LENDER 1001, Hazard insurance mo,@S per mo, :. ","" 1002 Morlgage insurance mo,@$ per mo . '" c @$ , 1003 City property laxes mo per mo, 1004 County properly taxes @S , mo per mo, 1005 Annual assessmenls (Main!) mo,@S ,,', ,', , per mo 1006 mo,@S per mo, '.",,';./. : ,',' t007 mo@S per mo, ,'.</.,."" ,. l00B mo@S per mo, ',.'. ',.':". "..".', ,'.. ., ,,', , ',',. '.,.',."",""..,' ",'., 1100, TITLE CHARGES: 1101. Settlement or closing lee 10 1102, Abslracl or title search to S'T'(' lnn nn 1103 Title examinat,on to 1104, Title insurance binder 10 1105 Documenl preparation 10 1106, Nolary lees 10 1107. Attorney's fees 10 10 (includes above items No "~"-t:.., .. I~"'<'" '" :~:.:i...' ;~">":'i' ),c"::4.'\ ~'f'I.-., ~:;~ ~~':'.~\.:; ;>,ti(.f .'.:,." :," 110B, Tille insurance (1l0! ) to STEWART TITLE COMPANY OF CLEARWATER, INC. 375.00 (includes above items No. '',;'''' ..;"':.C':" ".; J'I'1 .~..':) 1109, Lender's coverage S -..:-:~.~.;11~~~~4""-'.'... V,1;. ,i~i~;.r.~fit::1',j,;.(l.fi.\~~' 1110. Owner's coverage S 45,000.00 "'.C~f/;,;<,\;i1~,::;~&:4 .. ;F<'\.~~;.'\;<'" ~';'.'1J.;o ..;~ ":'" . ,', .',,,' 1111. 1112, 1113, 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed S 12.00 (2) Morlgage S Releases S 12.00 1202, City/counly lax/stamps: Deed S Morlgage S 1203, Slate lax/slamps: Deed S 270.00 Mortgage S 270.00 1204 RECORD AFFIDAVIT AS TO GENERAL PARTNERSHIP 15.00 1205, RECORD PERSONAL REPRESENTATIVE DEED 10.50 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey to E.VANS LAND SURVEYING POC 1302, Pes I inspeclion 10 1303. CI'lY OF CLEARWATER-ASSESSMENT SEARCH 5.00 1304, 1305, 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Sect/on J ana 502, section K) 4g7,C;n 290.00 CERllFICA liON: I have carelully reviewed the HUO, 1 Settlement Statement and 10 the best 01 my knowledge and bellel.llls a true and accurate statement 01 all receipts and disbursements made on my account or by me in this Iransacllon.1 I".:her certily thai I have received a copy 0' HUO-l Settlement Stalemenl. SKYLARK OPPORTIJNITIES Flo.t:ida peneral nartner- CI'lY OF CLEARWATER. F1DRIDA a ./ /AI. l"'- .J ~' ~-~ <::h;n .vv Borrower~ ".~if by: Selte"-- ~):;;. ~rW~ ~~~ P,~~P~J{I ~ on 1 rep. To the bf ol,1lJlI i(flowl ge, ~~ HUO) S~lIement Slatement '+~ ~..e,prepared is a truea~ accurate accounl olthe lunds which were received a ~e been ur ~er I n as pa oflhe se t\?me;\?olJi~~ansac~n '-If riP V/J/ / 1"" v7Y.,~ ')/J)/..??}~ .JUNt; 24, 1991 lmemanl AliBI(; 7,<.1.. . ~ Date S L R' All / PURCHASER'S STA TEMENl Seller's and Purchaser's aignalure hereon scknowledges hlallhelr approyal 01 lax prorlllons and slgnlllas their underllandlng that Erorallons we" based on tam for ths preceding year, or esllmates 'or the current year, and In the event 01 any chanfe lor the currsnt year, all neceseary adjustments musl be made belwHn Seller and Purchaser; likewise any delault In delln3uenl axes will be reimbursed to Tille Company bY, the Seller, Title Company, In Ite capaclly, as Escrow Agen , Is and hae been authorlred 10 deposit alllunds It receives In this transaction In any IInanclat Institution, whether affiliate or not. Such financial Institution may provide Tile Company compuler accounliny and audit services d recliy or Ihrout a separate entity which. II allillated with Title Company, may, charge Ihe IInanclal Institution reasonable and proRer compensation Iheretore and relaln any protlts therelrom, Any escrow lees gaid by any party Invo ved In Ihls transaction shall only be or check writing and Input 10 the computers. but not lor aloresa d accountln~ and audit services. Title Company sha I not be liable lor any Interesl or olher charges on Ihe earnest moner, and shall e under no dulV to invest or reinvesl lunds held by it at anytime, Seners and Purchasers hereby acknowledgeand consent to Ihedepos t olthe escrow money In IInanciaf In'tilullons wilh which Title Company has or may have olher bankiof re alionships and lurlher coosenl to Ihe retention by Tille Company and/or i1s atllliat.. of any and all benelits (including advanlageouslnlerest rates 00 loans) TilleCOmpan:~afllllales may receive Irom such linanciallnstrtulions by reason 0 their maiotenance 01 '3id escrow accounls, ~ ,j;J The parties have read Ihe ahove seotences. recognize that the recitations herein are material, agree to same. and recogolze Tille~any is r ' n Ihe same, V G B k J Pur ~asers/Bo"owers Sell s ~ .:l\ .......' an . ar t us, r. ~or: CI'lY OF CLEARWATER. FI.DRIDA BY: TIfF. H ~~T I\lA IlJNAI RANK OF 'TH~ (Q P.R. WARNING, II is a crime to knowingly ma~e lalse slatements to the Uniled Slates on this or any other similar lorm. Penallies upon coovlctlon can include a line and imprisonment For delalls see: Title t8: U.S, Code Section 1001 and Section 1010 v Vice President & Sr. Trust Officer ~~J!L~~__~_____~________-I-_______ " l. SETTLE~'IENT CHARGES I -. PAGE 2 or OMO tlo, 2502,02V, 7110 TOTAL SALES/BROKERS COMMISSION Based on price S (tV %-:: PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SEllER'S FUNDS AT SETTLEMENT Division of commission (line 700) as lollows __._n__'____.________._.... _ ______ _'n ___________ _ "._, ,.". 701$ 702, $ _u_,___________,_ _u,_ ~] Commission paid al selllemenl 704 10 -- to - ________.._ou,_ ________,~___,___ .. -----,------------- -- 800, ITEMS PAYABLE IN CONNECTION WITH LOAN. 80 I. Loan Origination lee 802, Loan Oiscounl 801 Appraisal Fee 804, Credil Report 805 Lender's inspection fee 806, Morlgage Insurance application fee % % 10 10 10 807. Assumplion Fee 808, 809 810 811 --- 9OQ,lTEMS REQUIRED BY LENDER TD BE PAID IN ADVANCE. 901, Inleresl Irom 902 Morlgage insurance premium lor 901 Hazard insurance premium for 10 @ S Iday , mo to -- yrs, to 904 905, 1000, RESERVES DEPOSITED WITH LENDER yrs 10 1001. Hazard insurance 1002 Morlgage insurance 1003, Cily property laxes 10Qol, Counly properly laxes 1005 Annual assessments (Main!) 1006, 1007 1008 mo,@S per mo, mo,@$ per mo. mo, @$ per mo, mo, @S per mo. mo,@$ per mo mo @$ per mo mo,@S per. mo. mo, @S per mo ',' , .,' ',' '", ""': ' ',',' '", '",:",,'.,'c '.',' :":',..''', I';": "',',,,:>.,,.:',;,:.,',;> 1100, TITLE CHARGES: 1101. Selllemenl or closing fee 1102, Abstracl or tille search 1103, Tille examination 1104 Tille insurance binder 1105, Oocumenl preparation 1106, Nolary lees 1107. AlIorney's lees to (includes above items No: 10 to C:'YY' 10 10 10 10 10 lnn nn (includes above items No, ' 1109, Lender's coverage 1110, Owner's coverage 1111. 1112, 1113, S S 45 000.00 , '~~;jJ~"';'!;"/'''~~J~''~:;i; INC. 375.00 -._ ; ,,,,,..: j.,i",\~1i;~t:i,;;i~!:#i,".','!~i';(' T. , ,"','" :i., I ,\;- ,.,-':,,"', "cl'.I~'I'~ -. f.,,,,,.:H,\;,;':';;',, "(>" '. h ': ""~1\.. f~"'~~' ! .. . 'J",t'~~;.~,~ t 1." "~ , "J/~ ,~~':,':~~1t~.tt;~.'~'~~-i';;~~1;.~r ,,': ",~,,~\:ii .;"'1'" ,">',0(,,,-,,,.,, ,~"~';;'I'I1\1' 1108, Tille insurance (1101) 10 STEWART TITLE COMPANY OF CLEARWATER 1200,GOVERNMENT RECORDING AND TRANSFER CHARGES 1201, Recording fees: Deed S 12.00 (2 ) Mortgage $ Releases S 1202, City/counly lax/slamps: Deed $ Morlgage $ 1201 Slale lax/slamps: Deed $ 270.00 Mortgage $ 12Qol, RECORD AFFIDAVIT AS TO GENERAL PARTNERSHIP 1205, RECORD PERSONAL REPRESENTATIVE DEED 1301. Survey 1302, Pest inspection to EVANS LAND SURVEYING 10 12.00 270.00 15.00 10.50 POC 5.00 4g7 1)0 290.00 1300,ADDITIONAl SETTLEMENT CHARGES 1303, 1304. 1305, 1400, TOTAL SETTLEMENT CHARGES (entered on Imes 103, Sect/on J and 502, Sect/on K) CITY OF CLEARWATER-ASSESSMENT SEARCH CERTIFICATION: I have carelully r.vl....d Ih. HUO-l SlUI.m.nt Stat.m.nl and to 'h. best 01 my kno..ledg. and b.llel,llls a true and accural. stat.m.nt 01 all rec.lpts and dlsburs.m.nts mad. on my accounl or by m. in Ihis lransaclion,/ fe, :her cerllly thaI I have received a copy or HUI).I S.ttI.m.nl Stat.m.nt. SKYLARK OPPORTUNITI ES Fl' d 1 t CITY OF CLEARWATER. FLORIDA . a orl a genera par ner- Rhjp S.lIers true and accurat. accounl orlhe lunds which ..ere received and have been or will be disbursed by Ihe undersigned as part oflhe selllement of this Iransaclion , - cU_ JUNt; 24, 1991 Selt/.mJnl A.ll.nl Dale SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser'sslgnature her.on acknowledges hlsllh.lr approval 01 tax proraUonsand signifies Ihelr understanding that prorallons w.re based on lues lor Ih. preceding year, or .sllmales lor the current year. and In the ev.nt 01 any change lor Ihe current year, all n.c.ssary adluelmenla muSI be mad. b.twtlfl SIller and Purchaser: flkewlesany de'aultln d.llnqu.nltax.s will b. relmburs.d 10 Till. Company by, the Ssller, Tille Company, In Its capaclly as Escrow Ag.nt, Is and has be.n authorized '0 d.posltall funds It r.c.lvas In this lraneacllon In any flnanclallnslllullon, wh.ther afflllll.d or nol. Such flnanclallnslltullon may provide lil . Company computer accounllng and audll servic.s dlreclly or through .separal. .nllly which. II atfillated with TIll. Company. may charg.lh. flnanclallnsUtullon r.asonabl. and proper comp.nsallon Iher.fore and ralaln any profits theralrom, Any .scrow fees paid by any party Involved In this transacUon shall only b. for check writing and Inpullo lhe compulers. but not tor aloresald accounUng and audlts.rvlces, TIll. Company shall nol b.llabl..or any Interesl or other charg.s on the .arnest money and shall be under no duly 10 Invesl or relnvesllunds held by It al anyll'!'e, SeUers and Purchasers hereby ackno,,:ledgeand consent.lo the deposit ollhO escrow money Inllnanclallnslllullons with which Tille Company has or may hav. olher banking relalionships and IUllher consent 10 the retenlron by Tille Company and lor lis afflllales 01 any and all benefrls (lOcludlOg advanlageous IOlerest rales on loans) TIlle Company nd/orlts affiliates may receive Irom such nclallnslllutlOns by reason ollhelr malOtenance 01 ,aid escrow accounls The partie, have read Ihe above senlences, recognize Ihallhe recitalions herein are material, agree 10 same, and recognize Tille Company I Pur~~ams/A"rrowers Sell#!~,. ror: CITY OF CLEARWATER. FLORIDA In.. WARNING; II is a crime 10 knowingly make raise slalemenls 10 Ih. Unlled Slales on Ihis or any other simitar torm, Penallies upon conviction ca su r rustee isonment, For details see: Tille 18: U,S, Code Seclion 1001 and Seclion 1010 v M'S tEll . I I PAGE 2 OF OMS No, 2502-0265 . PAID FROM PAID FROM L. SETTLEMENT CHARGES BORROWER'S SElLER'S FUNOS FUNOS 700, TOTAL SALES/BROKER'S COMMISSION Based on price S @ %= A T SETTLEMENT A T SETTlEMENT DiVISion ot commIssion (line 700) as follows: -------,---,-".,--- ~-------------_._,-"-,_._"'---,-,------------,._--------,-_.. ----. -----------.-.- n, --.- ~!~--,-"_._----- to - - --.---..-- --,.,-"------.----.----.-- . "- ---- ---,---_.-. .---- - - -".. .n._ ----._--- '------,..-_------ f---.-----,-----,~---- "".-- --.-------------.. _____._'.._..n 702, $ to ---~----"-------,-_. -- 703, Commission paid at settlement 704, 800, ITEMS PAYABLE IN CONNECTION WITH lOAN. 801 loan Oligination tee % 802, loan Discount % .----------- 803, Appraisal Fee to -- --~----- 804. Credit Report to 805, lender's IIlspection fee 806, Mortgage Insurance application tee to 807, Assumption Fee ___u 808, 809. 810, ..--. 811 !lOO,ITEMS REQUIRED BY lENDER TO BE PAlO IN ADVANCE. 901 Interest trom to @S Iday 902, Mortgage insurance premium tor mo to 903. Hazard insurance premium tor YIS, to 904. yrs to 905, 1000 RESERVES DEPOSITED WITH lENDER 1001 Hazard insurance mo.@$ per mo, 1002 Mortgage insurance mo, @$ per mo 1003. City property taxes mo, @$ per mo 1004, County property taxes mo, @$ per mo 1005, Annual assessments (Maintl mo,@$ per mo c'," 1006 mo@$ per mo, ,.,' ", 1007 mo, @$ per,mo ..,'c'-ccc"_'" 1008, mo @$ per mo. "',<, ,'c. ',',// :' ,',C' :>-. ,c.,.".,,- 1100. TITlE CHARGES: 1101, Seltlement or closing tee to 1102, Abstract or title search 10 C::'1Y" lnn nn 1103 Title examination to 1104, Title insurance binder to 1105. Document preparation to 1106. Notary tees 10 1107. Atlorney's tees to to (includes above items No,: ;"i"';",'l 0~',:'':(,c' 1108. Title insurance ( 1101 ) to STEWART TITLE COMPANY OF CLEARWATER. INC. 375.00 (includes above items No -- 1109, lender's coverage S -1'".;' < ~ ; , u .',: ~~,,,> .. 1110, Owner's coverage $ 45,000.00 h:/ ,", '~ ._' 1111 1112, 1113. 1200,GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 Recording lees: Deed $ 12.00 ( 2 ) Morlgage $ Releases S 12.00 1202, Cily/counly lax/stamps: Deed $ Mortgage $ 1203, Slale tax/stamps: Deed $ 270.00 Mortgage $ 270.00 1204, RECORD AFFIDAVIT AS 'TO GENERAL PARTNERSHIP 15.00 1205. RECORD PERSONAL REPRESENTATIVE DEED 10.50 13oo,ADDITIONAl SETTLEMENT CHARGES 1301. Survey 10 EVANS LAND SURVEYING POC 1302, Pest inspection 10 1303. CITY OF CLEARWATER-ASSESSMENT SEARCH 5.00 1304. 1305, 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103. Sect/on J and 502, Sect/on K) 497 ~n 290.00 CERTIFICATION: I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief. it Is a true and accurate statement of all receipts and dlsbursemenls made on my account or by me in Ihis transaction. I te::her certify that I have received a copy of HUO.l Selllement Statement. SKYLARK OPPORTUNITIES Fl' d 1 CITY OF CLEARWATER. FLORIDA . a orl a genera partner- ship Sellers arooi a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement 01 this transaction. Borrowers To the best of my kno JUN~ 24, 1991 Settlem,nt A.lIenl., Date SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon aCknowladges hisllhelr approval 0/ tax prorations and signlties Ihelr understanding that prorations were based on tertes tor Ihe preceding year, or eslimates for the current year, and In Ihe event of any change lor Ihe current year. all necessary ad)ustmenls must be made betWHn Seiter and Purchaser; likewise any default In dellnquentlaxes will be reimbursed 10 Tille Company by the Seller. Title Company, In Its capaCity as Escrow Agent, Is and has been authorized to deposit all funds It receives In this transaction In any IInanclallnstltutlon, whether alllllated or not. Such IInanclallnstltullon may provide Tille Company computer accounting and audit services directly or through a separate enllty whlch,lt alllllated with Title Company, may cherge the IInanclallnslltullon reasonable and proper compensation therefore and relain any prollts Iherefrom, Any escrow tees paid by any parly involved In Ihls transacllon shall only be for checkwrillng and Input to the computers, but nollor aforesaid accounllng and audit services. Title Company shall not be liable for any Interesl or olher charges on Ihe earnest money and shall be under no duty to invest or reinvest funds held by it at any lime, Sellers and Purchasers hereby acknowledge and consent to the deposit 01 the escrow money In IlnanclallnslllUtlons with which Title Company has or may have other banking relationships and further consenl to the retention by Tille Company and/or its affiliates of any and all bene/ils (Including advantageous Interest rates on loans) Tille Com pan and/or its tes may recalvefromsuch IInanclallnshtutlons by reason of their maintenance 01 said escrow accounts. The parties have read Ihe above sentences, recognize that the recllations herein are material, agree to same, and recognize Tille Com Pur~Jlasers/80r;!llwers ~ers tor: cITY OF l'LEARWATER, FlDRIDA lH: WARNINB: It is a crime 10 knowingly make false statements to the Unllad States on Ihis or any other similar lorm. Penalties upon convlcllon can include a fine and imprisonment. For det ' 0/ '.====~====~-=--'--===--=--="='===1===--==='======'="="='==-'==='=-~'1 <!OMMITMENT FOR TITLE INSURANc!E 91030096 I ISSUED BY :1 !, 'I I: I: I: ! Ii American L~nd, Title Association Commitment - 1966 ~, "".- !" .' r ii I, STEWART TITLE GUARANTY COMPANY i' Ii I STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, I for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as I identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay- I ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to I 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 six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title 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 ~~ '--h(~ GUARANTY COMPANY r:8Ad$~ ""IHHN~ ~i~, ,,',,",\,'.,~.,...,\.., ,s.,"',@..,lL.,..'A,'."",A".,,~ - .- 1-...., ... ~ _~,,-, i(~,~~, al'Q""..'.',~'.....','.,'~"','.,'.,'.,.,',~,'..,,.,.,'."'".,"",".,',',',.,.,-"',",,, ' ",..:~"-*...",'w':',",; : '. ';;;\ 19 081..g . <, ,}... . *:.-::~~.~,:"" >, ~......s..~~- EX/JI.'Il!w" President Company City. State , II II II I, L~----==:::..-===--=--=:==:=--==--===-_--::-::...-:::::-.:::======-...:::...--==:::::::.====:::===::.::~-=::==--:-_=, :==:::...-::.::: Serial No. C. 9912.71 78 6 6 005N Rev. 3/78 I I I I I, I :;::.._=:J; -;'l_ . _, l! I I mls SCHEDULE A Commitment No. --~ective Date of Commitment: ----I-B>Si~l!J91 OF CLEARWATER, FLORIDA ' at 5:00 P.M. C-9912-717866 Your No.: 91030096 Prepared For: C IT Y Inquiries Should be Directed to: MIKELL L. ST.GERMAIN Stewart Title Company of Clearwater 1290 Court Street Clearwater, Florida 34616 (813) 441-2689 1. Policy or Policies to be issued: Amount (a) 0 ~L TA Owner's Policy $ 45,000.00 Proposed Insured: CITY OF CLEARWATER, FLORIDA (b) D AL TA 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. 3. Title to said estate or interest in said land is at the effective date hereof vested in: SKYLARK OPPORTUNITIES, a Florida general partnership 4 The land referred to in this Commitment is located in the County of PI NELLAS State of F LOR I D A and described as follows: Lot 4, 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 4 STEWART TI'IT..E 2552 GUARANTY COMPANY I SCHEDULE B I ORDER NO: 91030096 ('-9912-717866 Commitment Number: I. The following are the requirements to be complied with: 1. I nstruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for reoo~, Valid photo identification (ie: Driver's License, Passport) and social security numbers required of all parties to the transaction by the Insuror. ('opy of Partnership Agreement to be reviewed by Insuror and showing names of all General Partners. Warranty Deed to be executed by all the General Partners of Continued on next page II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims 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 of record the estate or interest or mortgage thereon covered by this Commitment. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records, (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. (d) Any lien, or righttoa lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the pUblic records. (e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured. (f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 3, Special Exceptions: (a) Taxes. Subject to Taxes for the year 1991 and subsequent years ,which are not yet due and payable. Parcel No. 15/29/15/20286/000/0040 Gross Tax for the year 1990, $496.21. 2153 Page 3 of 4 S'l'E,\\'.A,n,'I'TITLE GUARANTY COMPANY , . . . '~'. I I CONTINUATION SHEET Order Number: SCHEDULE _ B Commitment Number: 91030096 C-9912-717866 SCHEDULE B - PART I CONTINUED SKYLARK OPPORTUNITIES, a Florida general partnership to CITY OF CLEARWATER, FLORIDA. Page.4-4 4 STEWART TITLE 0055 GUARANTY COMPANY - - - '- ---- ,- - -'-" ,. .-. --'- - ~~-~------ ---- ---- ,.- , . ...,....-t-. I I 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 I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 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 I nsured and such parties included under the definition of I nsured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule 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 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. STE"\VART TITLE GUARANTY COMPANY 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 P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. COMMITMENT FOR TITLE INSURANCE ~ I~ " '- Sanctity of Con:racl - Issued by STEWART TITLE GUARANTY COMPANY ;'-~c r, ,I \i cxr, of. c:.LEAl2: WATE R.. SEC. li lWP. 2'75 RGE. Jif ;;',EWAJ':-T TiTLE. Of CLEAKWATE...R-) It-JG. Sll::W,AR.T TlTLE.. GuARA,..,Ti wMpANY ~ ~.....r-O C.L~~""'A"'~~ HE.I G:P H. \ ~ O.r<. 49n- 3e;4 o t"I f"50 ,oo~) L (4' A~pH~\.1 RDA.'~::~ -~i-' . " 1&;1.~4 (~) ylf-~ tfl \ 1:' 2.7.0 ....., /-\ ,... Q o UJ - :::> ~3~ .....J,,:r () ri :2 <i ::::l \(- '- (lfl1- Zt;.o I tf'J~ LoT 4- 5- A>pL\P.~""" ~...--- P t-'f:.1o\ I"J (;. /? .." ---'" Il?O I 00 I c.f<.) ,,,,.~~r(M) ''; \- III * LEG,Er-..1D fie:,,:, fOU'fJD I~N ebO f If"- ro'-'~'l.) l1'!.o~ f' Fe.. 6 E:.c.. -:... S E-c.. 'i I 0 t-..\ 'fINf' ~ -(O'Nt-J!>H 'f' ~f!.. =- p!A "-Y..P e.. (M) MEASVg,E..D D'^^E:-'.,Slo"J ( ~) R.Ec..o~D "'M E,.J~ 1.::1 ,.J A SURVEY OF l.D\ 4, .:rANtE. DAN\E..LS SUB9\\J\S\ON AS RECORDED IN PLAT BOOK 5-- , PAGE Z3- , OF THE PUBLIC RECORDS OF PINEllAS COUNTY, FLORIDA (LOOD 'Z-or...U:: L, L-IT'( of L.LCAtZ..W^TER.\ FIIZ.H \Z.C;-o'3(O PAN.E.L DOl C;; 8 f2.fE..\j, ~ -1-tB ~ I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE. DATE: 4- -/7-69 ... -'j ."j1 - uf'DJllfe- EVANS LAND SURVEYING OWN. BY: :JL INY. NO. 8'9' 2.?OOMAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 BOUNDARY "SLH<~e'( Q,JL'{ / L EVANS No. 2937 . tr Ul l' r.:! r-! 1.0 ... "" 1-1 M (]) .0 . 1-1 ~ ltlL{')!i.l l!l1.O N ... . 1-1 !i.l >: (]) O-l....l Ul l!l ltl (]) ~ r-! .1-1 1-10 ltl ltl (]) .c .r-! tJllltJ .. :>t llJ .. o Cl-l....l r.:! ~ s:: I't: 1-1 III ~ r.:!-l....l ~ (]) Ill~ ] I CERTIFICATION OF STATUS FOR FORMER PARTNERSHIP, SKYLARK OPPORTUNITIES The undersigned persons do hereby certify that Skylark Opportunities was in business as a Florida General partnership and that the partners of Skylark Opportunities were as follows: Ira A. Desper; Sally Jo Forester; Ira A. Desper as Trustee of the J. O. Stone Grandchildren's Trust dated December 29, 1976. That Ira A. Desper died on October 22, 1990; That pursuant to Florida partnership law pertaining to such general partnerships, the partnership was terminated. That the First National Bank of Clearwater, Clearwater, Florida and Alida Belle Desper have been appointed as the Co-Personal Representatives of the Estate of Ira A. Desper, Deceased; That George Stone has succeeded Ira A. Desper as Successor Trustee of the J. O. Stone Grandchildren's Trust dated December 29, 1976 pursuant to the terms of the said trust instrument; That at the time of the death of the said ira A. Desper the real property described on the attached Schedule "A" was vested in Skylark Opportunities, a Florida general partnership. Signed, sealed and delivered year set opposite their name. by these parties the day and di~ Sally Jo Foreste,i~.,u~ ~, ,1,/ 19.1L- I /J) Q.J:5l:i C // <<J F 7' T r STATE OF PENM5xLVANIA ) COUNTY OF NattJruc.rq- ) Date: before me 1991. ~ ,': ;"'., .~:) ,M'~;,b~mmi~~ion Expires: ! '.... .."~. .'. i ,'. ~u - '7 Geor one ' Title: Successor Trustee Date: June 24, 1991 STATE OF FLORIDA COUNTY OF PINELLAS r~ "II" "., . 'S~6r~ to and Subscribed before me . . this24~th day of June 1991. <'.\;,' ~1~.:.I Un~ " ! I' Notary Public I l) J ....... My' Commission Expires: #lOTARY PUBLIC. STATE OF FLORIOK, MY COMMISSION EXPIRES: JUNE 29. 1992, BONDED THRU NOTARY PUBLIC UNOI;;RWRITERB. , ~j I .' Date: y:; n (~ ;JY 1/ 1'101 FIRST NATIONAL BANK OF ~LEAR ATER '/r;V By: o-~(3~/r , . an G. Bartkus, Jr.'.' Vice President arid~: ,,~ . Sr. Trust Officei:: , "1" . . -~ ,. . , 01'''''4 ... STATE OF FLORIDA COUNTY OF PINELLAS ."..~. ' Sworn to qnd Subscri~~d before me this ;JyH-day of June. 1991. \ ,0w- JIj J(ibti~ Notary Public I .' \. .'~ ,..\";~~, , ,C j ," : '\.1,'" ':v' / '..' t I',)."~: l . ..~,"'.-"r':;.;r : Of: . . . I . . ..., ,!.... (" /~My.t6mmission Expires: H01rry ,';,' "-:, '>,'~ of Florid'! My C~r,;:, ~,';1 L':r::'.' 1'., ,[ ::'0. 1993 Date: T ;Jt.f I~ /qq J J~(1c.. &.L~~/~I Alida Belle Desper Co-Personal Representatives of the Estate of Ira A. Desper STATE OF FLORIDA COUNTY OF PINELLAS Sworn to ~d Subscribed before me " thiS~~YI'tlaY~f1.Tun' 1991. \ '. '. : U-U1. 1L:hLi( l Notai' Public "': 1: I " . ;" My Canlnission Expires: l.~j" CC':".'~- _ ;',0. 1\J9J 1 I ,I . j SCHEDULE "A" LOT 4, JANIE DANIELS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 23, of the Public Records of Pinellas County, Florida. I . I I "I ." r: '." Ii, ~ 011 (.'0 t'" ",., RONALD (RON) E. SOMERS President STE,,\'T A ll'r r.I."'rrI..E OF CLEARWATER P.O. Box 2756 Clearwater, Florida 34617 (813) 441.2689 1290 Court Street Clearwater, Florida 34616 D I S C LOS U R E We, the Owners of that certain real property located at LOT 4, JANIE DANIELS SUBDIVISION Pinellas County, Florida, do hereby disclose the following facts known to me which may materially affect the value or desirability of said property. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially effect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. ~~~ L./4d g, $ud wffri~ By~~;I~ ~~r~ ALIDA BELLE DESPER, Co-Personal Rep. BY )7~~v THE FIRST NATIONAL BANK OF CLEARWATER, Co-Personal Rep. Van G. Bartkus, Jr. Vice President & Sr. Trust Officer STATE OF FLORIDA COUNTY OF PINELLAS SWORN TO AND SUBSCRIBED BEFORE ME THIS / il If cf4" DAY OF JUNE , 19 91 My Commission Expires~ Notary Public, Stat8 of Florida My Commiccicn Lpircn Ami! 20, 199:J . . INFORMATIAN FOR REAL ESTATE 1099-S R}PORT" FILING Section 6045 of the Internal Revenue Code~ as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. From the information you provide below, a Form 1099-S will be produced, a copy of it will be furnished to the I.R.S. and to you no later than January 31 of the next year, and a copy may be sent to other third parties. If you fail to furnish adequate information (in particular, a taxpayer 10 number), then you will be subject to all I.R.S. Regulations, including the possible withholding of twenty percent (20%) of the current sales price. File Number: .91030096 Taxpayer 10 Number:Seller 1 ~9-6953792 Seller 2 Taxpayer 10 Type: .(1 = business, 2 = individual) SELLER 1 NAME: Last: THE ESTATE OF IRA A. DESPER First & Middle: SELLER 2 NAME: Last: First & Middle: MAILING ADDRESS (as of January 31 of next year) SELLER 1: / Street: / 400 Cleveland Street, Trust Department , City: Clearwater State: FL Zip Code: 34615 SELLER 2: Street: City: State: Zip Code: TRANSACTION INFORMATION Closing Date (MMDDYY): Contract Sales Price: Seller 1 - 6,750.00 Seller 2 - (If multiple sellers please allocate the sales price among the sellers) Description of Property: Street Address: Legal Description: LOT 4. JANIES DANIELS SUBDIVISION ALIDA BELLE DESPER and THE FIRST NATIONAL BANK OF Under penal ties of perjury, I, CLEARWATER. Co-Personal Representatives (Name of Seller (s)) certify that the number shown on this form is my correct 'Taxpayer Identification Number and that the other information is correct to the best of my understanding and I understand that it will appear on a Form 1099-S that will be sent to me and to the Internal Revenue Service. Date:/ c,/<<.'I/q/ Seller - 1 Signature: BY:~ r ' Alida Date: _/~j:z~/tf/ Seller - 2 Signature: BY. The F1rst Nationa an 0 earwater CLOSING AGENT INFORMATION (to be completed by closing agent) Co-Personal Rep. Van G. Bartkus, Jr. Vice President & Sr. Trust Officer Name: STEWART TITLE OF CLEARWATER, INC. Mailing Address: 1290 COURT STREET City: CLEARWATER State: FL Zip Code: 34616 Taxpayer' 10 Number: 59-1433918 .' I I ,I .. 1:" '\0""';'. ,,{ f.'Orlftf1rt RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 Sr.I."'EW A l-l r.I."' 'l"'rl"LE OF CLEARWATER P.O. Box 2756 Clearwater, Florida 34617 (B 13) 441-2689 AUl'HORlZATION AND ACKNCMLEDGEMENT FORM Reference: FILE NO. 91030096 LEGAL Lot 4, JANIE DANIELS SUBDIVISION SELLER ESTATE OF IRA A. DESPER BUYER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this day of , 19___ We further acknowledge that we understand utility bills are not included in this statement and. that the proration of taxes as shown in the statement of actual cost is based on the latest infonnation available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title CompilllY of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company Company of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. BY:~~~hr ALIDA BE~ DESPER, Co-Person 1 Rep. BY: / V~ THE FIRST NATIONAL BANK OF CLEARWATER, Co-Personal Rep. -Van G. Ba~tkus, J~. SELLER'S FORWARDINdl~~:~dent &. r. Off~cer Trust , BUYER I S FORWARDING ADDRESS: / P.O. Box 2918 ~ Clearwater, FL 34617 HOME PHONE# ( HOME PHONE# IDRK PHONE# J (813) 462-1177 WORK PHONE# THIS IS TO FURTHER AU'IHORlZE CHANGES NECESSARY TO '!HE CLOSING STATEMENI'. TO APPROVE ANY STE.WARl' TITLE ca1PANY OF CLEARWATER, INC. BY: .. . I I <, NON-FOHl~.lGN CE.ln'lfICl\TlON ,'W INIJIVIDUl\L 'l1U\NSfo'EHOH 1. Section 1445 of the Internal Revenue Code provides that a trilnsferee (I[ a United States real property interest must withhold tax if the transf~ror is (J. foreign person. 2. J.n on]et. to in[ollll Lho tnllls[et'ee that withholding of tax 1s not required upon the dis[x:>s.i.t.i.on by ALIDA BELLE DESPER and THE FIRST NATIONAL BANK OF CLEARWATER as Co-Personal Representatives of the Estate of IRA A. DESPER, Deceased of the UIl.i.ted Slatos rOill pl"Operly described as follows: the undersigned transferor certifies and declares by means of this certification, the following: (a) I (We) am (are) not non-resident alien(s) for purposes of United States income taxation nnd, (b) ~1y Unil cd States taypaper identifying llLunber(s) (Social Security NLUlIber) is/are: Nl\MI~ SOCIl\L SF.cUIU'l'Y NUMI3ER Estate of Ira A. Desper, Deceased JI ,/ 59-6953792 It It 1/ (c) ~1y 1101118 mldress is (nttnclled addJliollnl Ptlge if lIecessm:y) (d) '.I'here .no 110 oLher persons who IlUve nn oWllen,h.i.p intel'esl in the alx>ve-descr.i.bed property oth0.r thelll those l~rsollS set forth Cll.x>ve in subparagraph (b). J. 'J11e lIndcrsiyncd her:el>y [ul'ther certifies and declares: (a) I (We) unc.lerstellld that the purchaser of the above described property intends lo rely on t.he fOl~egoin~J r.epresentations in connection with the United Slales li'oreJgll Investlllent in Heal Property 'l'nx l\ct. (94 Statute 2G02 as alllollclcd). (IJ) 1 (w(~) under:st<lnd this cerU.ficatioll Iluy be disclosed to the Internal Hevetlue Service by tJ:nns[eree and that any false statement contained in this certification lIIilY lJu 11l1lli,slled by [j-'I(~I .i.lll[K.i.solllllClll: or both. Under pellnlLies of perjury I (we) declilre I (we) have examined carefully this certi- fication ulld it is true, correct and complete. Date June ,/ at Clearwater, PINELLAS County, Florida ~~ J~~/ BY:/~~~~ -:/~/'j.-m ALIDA LE DESPER, a-Personal Rep. : . ~~<<.-~a~. . BY' Van G. Bartkus,.Jr Witness J: E FIRST ~ApONAL BA K OF CLEARWATER" ('lhis document must be retained until the end o.t~l-&eIf1<fl'h tal&ble year following the " taxable year. in which the transfer takes place).Vice President & SrI Trust Officer CONSULT YOUH m'roHNI~Y l\NU/OI~ 'l'l\X 1\DVISOH - NO HEPHESE.'N'l'l\'l'lON on HEC0MI'1ENDl\'l'lON IS Ml\DE BY STI~Wl\HT 'J.'l'l'LI~ INSIJHl\NCg COMPl\.NY l\ND/on CONCERNING TilE: LEGl\L.. sun~JCJfi:NCY l\NIJ/OLt 'J'l\X CONSQUI!.'NCI!:S m' 'HilS OOCU(\1'~N'.l'. YOU Ml\Y BE REQUlIU!D '1'0 J.o~ILE 1\ COpy OL~ 'l'IllS rXX:lJMli:N'l' W.I 'J.'II 'I'm: IN'l'EnNl\f.. H1!:V~:NlJI~ SI~HVICI!:. ',11 1I!:SI~: l\lm QUES'l'.I.0NS Li'on YOUH l\'l'l'OHNI!.'Y OH 'l'l\X ]\IJV lSOLL S'l'7\'1'8 OF' Florida COUN'l'Y m~ Pinellas I IIEHI!:BY Clm'l'UY that 011 LItis day, before me, an officer duly author.ized in the State aforesaid and in the County aforesaid to take acknowledgments, personally llppeared Alida Belle Desper and Van G. Bartkus, Jr. as Co-Personal Representative of the Estate of Ir A. Despet-o me ImOWll to be the persCJns described in and who executed thc foregoing instrumcnt and they acknowledyec.l 1.x~fore me that they executed the sallie. . . I/' WITNESS my hand and official seal in the County emd Stnte last aforesaid this ::i LJ !Jday of JUNE , 1991 / );; ,;M,- )!j J/j iMt NOI'l\RY POnLIC Nolmy I'l1rk, ::',t(":~ d F'~'id.' MY CC1>tlISSION EXPIRF..s: / My COlDmicdCi!1 Ecel"; c !: "i:( Hd~'7 r,<' f~, ~\("''l,,,1 F1rYI"lclrt ~,Jy ... ,_." J 'I :-'0, 19q~ "' ... .' ~O BE FILLED IN PERSONALly ,I BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY THE ESTATE OF IRA A. DESPER Seller or Owner-Borrower N/A Contractor (if new construction) Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae. carpeting, rugs. lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY Approximate Amount /' Nonp J~?r . 2. No loans of any kind on said property except the following: (If none. so state.) NAME AND ADDRESS OF CREDITOR Approximate Amount ~. / None ~ 3. AU labor and material used in the construction of improvements or repairs on the' above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated. and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount Ad / ~~ . '" None?-V/;>;&- 4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state,) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MATERIALS Approximate Amount S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state.) SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS 6. I, the undersigned owner, further certify thi'.t the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and/or owner-borrower. INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION. THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND A ITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing same or lending money thereon and,,; }'l'~)Uld not purchase same or lend mone~reon unles" said representations were made. BY: ~ /3.d6- ~~ BY: V \.'\/'i~~'^--''tJJ ALIDA BELLE DESPER, Co-Pers nal Rep. . .... THE FIRST NATIONAL BANK OF CLEARWATER, ./ ' . Cu.-Personal Rep. / , / . Vf~ G. Bartklls,Jr. . '. ' /'-; t~ Vice President & Sr. Trust 0 icer SWORN TO AND SUBSCRIBED BEFORE ~E 'THJ8'_ tXLj' dayof JUNE , 19~, ~ . VI ~ I- !if '. .' . ..... Nc'o'. P.' 'eJ"'O of rlorlda / uU r..1.(' . '( c' / 1 ' '.Ill 20, 1993 & (" My Commission Expires: Notary bUc in and for INELLAS County, ~ Rev, 1/88 NOTE: This rorm ilto be .iped by ..,IIe, in oa.. or sale, II no sale, il illo be .iped by lhe o......,borrower, .r there is ony lit. <oftllru..ion, lhe <onl....or mUll obo join in Ihis or si... . separate OM. I I \,,,,,'11(, ,,/ f.'o,,,,n,-t RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 s"rEW AI~r.I."' TrrI___E OF CLEARWATER P,Q. Box 2756 Clearwater, Florida 34617 (813) 441-2689 AUTHORIZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. 91030096 LEGAL LOT 4, JANIE DANIELS SUBDIVISION SElLER BUYER CITY OF CLEARWATER, FLORIDA We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETI'LEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 24 day of JUNE , 19 91. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the stat~nent of actual cost is based on the latest infonnation available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company Canpany of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. ~ for: CITY SELLER I S FORWARDING ADDRESS: BUYER I S FORWARDING ADDRESS: J()t ~ c.l1{tf ~. fZ s/'ll' , Ha-tE PHONE# Ha-tE PHONE# WORK PHONE#_{~ "\.. -'1 (.0 WORK PHONE# '!HIS IS TO FlJR'IHER AUTHORIZE CHANGES NECESSARY TO '!lIE CLOSING STATEMENr. TO APPROVE. ANY STEWARl' TITLE COMPANY OF CLEARWATER, INC. BY: to BE FILLED IN PERSONALly BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY Seller or Owner-Borrower LOr 4, JANIE DANIELS SUBDIVISION Contractor (if new construction) CITY OF CLEARWATER, FLORIDA Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state,) NAME AND ADDRESS OF SECURED PARTY Approximate Amount . 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR Approximate Amount 3. All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount 4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF ~ LABOR OR MATERIALS rJ()NG- Approximate Amount S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state.) SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS 6. I, the undersigned owner, further certify th~,t the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and / or owner-borrower. INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND A ITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. SWORN TO ( /1.' 'fltl ND SUBSCRIBED BEFORE ME THIS day of JUNE 91 ,19_. My Commission Expires: '1 dt/ -1;). , Notary P FLORIDA Rev. 1/88 NOTE: This form is 10 be .i",O<I by..'''' in .... of sale, If no ...., il illo be .i,,*, by lhe owner,borrower, If lhere Is Iny new con.truction. lh. conlrIClor mu.t 11.0 join in lhil form or lian . .,an.u one.