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MYRTLE LEE JONES ~ 91030061 11 R~f~ ACCT I e..- nr;- ~:rtv rE);$ ______~ MrF ____ f-1'(1 --~ p C DOC ---------- --~ I IN~n :8: 9:J.-"14'?c)~'j9 . mm__,J!-!N__.1_~ -~------- INST :ft: 91-167033 J UN __2 4 L_J. 9.2J._!.~t:?_?p M PINELLAS COUNTY FLA. OFF.REC.BK 7604 PG 1625 PERSONAL' REPRESENTATIVE'S DEED " . "f:; THIS INDENTURE is made this 4th day of" ,Tune ' 1991, by and between MYRTLE LEE JONES as the duly qualifJ.ed and acting Personal Representative of the Estate of THOMAS (nmn) .TONES, Deceased, party of the first part, and CITY OF CLEARWATER, party of the second part, whose post office address is City Hall, P. O. Box 4748, Clearwater, Florida. 34618 Ira WITNESSETH TOTAt.~' , ~ I / . ~~ WHEREAS, THOMAS (nmn) JONES, riied tARtate a resident vf " ' . r'inellas Couilty, Florida, on March 19, 1990 seized and possessed of the real property hereinafter described; and WHEREAS, title to said property passed to the party of the second part as of the date of said decedent's death pursuant to the provisions of Decedent's Last Will and Testament, which was admitted to probate and record by the Circuit Court for pinellas County, Florida, Probate Division, Case No. 90-279l-3E, subject only to the right of the party of the first part to sell or encumber the property for the purpose of defraying claims, costs, and expenses of administration of decedent's estate; and IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 4th day of ; ,June A.D., 1991. ~ cc: ~Z~ . "".~~~;i~~~~t:' ~~~ J0-UF-t.-d!./' .' .t~{;./eQ~~.~4.Q"<"j'~"::,,;/:,'{)~, '~~ 7/1" / f / .........'"... f':;' .....<"', l' 4 f),\,\c:; '~;:.:;<N~)t:1ry Publi -:. (Seal) ,/ 1HLS :I:ffiJR.MNI' ffitl\AREr~m"'" .. S~ v . '} y ~ ',,; ':; !' N.GN,' rM.,W3:I,,~~ ~,;..::'.',~;,},...r. ',<>,""", .;..., .". "."",,_c~;'; Commission expires: //-7 -9c/- f,12J 1'E Carlnm ~., ~~:B\f-;' ;>.' ,~. . c.; ~;~' / ..1ffirW3.ter', FL 3!il25 ;C,,-;",,', _ ~,' !,. I,. ",~,"".-:" ;:' .=> '..', . .'. . Oll".-I.~ t.I'd.' ~() a2 . " ',. .' -;,' ::;.:;;:~':i:~,C,::::' ,,' .. -1 ..." ',.~'q...~..'un~'~'. ),~S,.:~: ror Ii. ).{ ~!'. ~ ~ fj , .I ' ~ o ~ ~ ~ " ...-l \0 -:j C"') ~ 6 ::r:: rfl o H ~ ~ ~ I ~ ~ H ~ i=!1 H ~ &j ~ tJ &j ~ tj ~ ~ H ~ U H ~ U o ~ ~\O ~ ~ H N H H ~ ~ i=!1 ~ 0 H rflo... -Ie -l< o H ~ P::: ~ H ~ ~ P::: &j H ~ o WHEREAS, the party of the first part desires to sell said property to the party of the second part. NOW THEREFORE, in consideration of the foregoing, Ten Dollars paid, and in connection with the administration of the estate of said Decedent, the party of the first part has sold to the party of the second part all of the interest in and to the real property situated in pinellas County, Florida, described as follows: Lnt 14, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R,H. PADGETTS SUBDIVISION, aooordin9 to the Plat thereof, as r~cord~d in Plat Book 2, ~aqe 85 of the Public Records of Hillsborough County, Florida, of which Pinell~~ County was formerly a part, ALSO DESCRIBED AS: lot Fourteen (141 of flock One (II of "DAS! ANn ~A~R!SON'S SURD'VISIDN OF LOT 5EVE~ OF R.M, FA~GETT'S SUBDIVISION of the SouthVAst QUArter (SE 1/4) of the North~est Quarter (NW 1/4) of Sectlon Fifte~n (15). township Twenty-nine (29) South, RAnge fifteen (15) East. TOGETHER with all and singular the tenements, hereditaments, and appurtenancefl belonging to or in any way appertaining to the real property, subject to all restrictions, reservations, and easements of record, if any, and ad valorem for the current yea,r. IN WITNESS WHBREOF, the undersigned as personal representative of the estate of said decedent, has executed this instrument under seal on the date aforesaid. Parcel no. 15/29/15/58338/001/0140 ESTATE OF THOMAS (nmn) JONES, Deceased. , KARLEEN F. I1FqLAK'~I~ . ...r. ..n I:.. ., EiI:J:J~lt~~~~~B If lED [( Y : STATE OF FLORI A COUNTY OF PINELLAS CI...EF~I~; <Q I HEREBY CERTIFY that the foregoing instrument was acknowledged before me the undersigned authority, by MYRTLE LEE JONES as Personal Representative of the Estate of THOMAS (nmn) JONES, Deceased, who, being well known to me to be the person described in and who executed the foregoing Personal Representative's Deed for the purposes therein expressed. :' ~ ' , '.., I ,",. ,.<:).,10 ',1'1 if '~t) ... ., l KARLEEN F~. r~~BLAKE~ ,~ I~ECOI~D VEf{II- I ED BY. ------ ~EA"'T/"'-/..r~ rd Ic/.T.V V"",....-~~/"...;:::"~/~~ I .-? ~ PREPARED FOR: 1..::'..rE~.A""?I??/2'E ,,;::1~ C'~EA".A==';<V.A"7.d"'~ /A/t::: _ SEC. fL lWP. ~ RGE. ~ f/E~.A="r .?7?Z~ ~#.A=='~..-'V"/y ?p~-4'gr ----- --.!.. A-'/L'E~ ///.:- /cf' . II 'f/~GI1 / I !wi ~ 'Ii I ,,/'d:,di'.p' , ~&""""'6;) ~ II .;r,di'.Q , (~/*"r) {1,ta' I:'- ~' P iJ'Z fP ~ f?P /) fir pt"p; 1~:fJil \ ~ ---~ ~ ~ ~ ~ ~ ~ ,~ ) ~~ ~ ~ ~ ~ ~ ~~ ~ ~, . ~ ,,"~.' .~ ~ ~,~ ", " ~~, ~ ~~~i~\\ \.,~ '\ ~'~ ~ ~ ~ ~ ~ ~, ~,~~~~ ~ ~,~,~ ~ ~ ~,~ ~ ~ ~ ~ ~ . I II I: I .1,:\ I '. ,!i'i i.. ~ ~~~~~~~.'.~~ i~ ~ ~ ~ t\ ~ ~ ~ ~ K i ~ ~ '~ ~ ~ ~ ~ -.... ~ ~ ,~ ~ ~I ~I ,. 1'-1 ,'^J ", IU' )11, (II ] I' Y ? d~' /I/V" 1,1' ....)v I " ,1 /1') ,'" /4 ) / () 1 ;I / f,/t1r";I j,... ~t~~ i/tJf !,,Alf.! -.... 'AJ/.t;vf" '\. .;tv ~ (/~I'- ~ ~ ~ ~ , ~ ~ l<~ ~,~, 'k-l<- " '\) ~ " I ' IIOI~) ,161 (~ :1'?,?d ~/I" .#~<?5.) r."~"w ~I'> ASURVEV OF /d/" /~ ~""'..:?c~ ~ ~p/.:5"E ,./,vJC7 /'///"'Pr:;:'/.5.::?A/,f .:7P"'~,c:::7/j/g-~d':;:?".&' ..:"d T .7 4?r ~....v.:' ,.P,.,....:::7c:;;-~ ..r,r~ ..?~~J?/~.s-/~A./ AS RECORDED IN PLAT BOOK L- , PAGE ~ , OF THE PUBLIC RECORDS OF ~a'''(S"4~d4A'':' ~r~ ~d.....:;::'/~..A"..:?~ /PA""/c,A/ ~/A/.E~~/5 a?P'A//'Y h"'".s,~~FA?~ Y.A"~""',...p?:" I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE. EVANS LAND SURVEYING L'.::i"'~,MAIN STREET ~ UNIT d DUNEDIN, FLORIDA 34698 PH: 734 - 3821 DATE:~~A-..p/ OWN. BY: .../.t:'L!1' INV. NO..?/../~Z ~.::/'A/.L7,,4'~Y 2P"~pY'EY L EVANS Ro. R . No. 2937 NeT' VALlO WI7HotJT ElV\ISOS~i:1) SEAl. """'Ip~ ,. I I :'.II,.'.;t'. (,I (.1'11Jf/I,'" }\1],:>"1'~ c~--\66\ Q ticln r a3.Ala:lii RONALD(RON)E,SOMERS President STEWART TI~~I.J]~ OF CLEARWATER 1290 Court Street Clearwater, Florida 34616 JULY 3, 1991 P,O. Box 2756 Clearwater, Florida 34617 (813) 441,2689 * * * * CITY OF CLEARWATER PO BOX 4748 CLEARWATER, FL 34618 ~Please-iRc-1H&e --ouri-il~NGr-Gn aU cor-r.esp<mdgncc: ~ - 9-163e66i: RE: JONES/CITY OF CLEARWATER LOT 14, BLK 1, MOASE AND HARRISON'S SUB Dear' SIRS: Enclosed please find the following documents in connection with the above mentioned property: ( ) Title Binder ) Mortgage Title Insurance Policy ( ) Original Mortgage (rl Owners Title Insurance Policy ( XJcl Original Warranty Deed ( \ Checks(s) /I $ J II $ II $ ( ) Endorsement ( ) Other The opportunity to be of service to you is always appreciated. If we can be of any further aSSi~t ce to you, P, leas. e do not hesitate to contact our office. Very trul y yours, " /h-!~.' i?tA- /. /~t~ STEWART TITLE COMPANY OF CLEARWATER, INC. Christine M. Larkin CONTRACT FOR SALE AND PURCHASE I->MHlI:S: Myrtle Jone~n___!-______'~_._______"u, I :A Wes Av.. Clearwjlte.r-..EL..,___.______._., __"_"'__ III"" .-_..,,__,_ ___I dnd City of Clearwater, Fl ,I!!'~), :>f P.o. Box 4748 Clearwater. Fl 14Ei18 _.____iPIKll'" .1. I1lI.-.bV 'Wee lhal Iha Seller shall &ell and Buyor shall buy It... following relil prorlflr,ly rAp,,1 Pml'f'!!t'l alll1 r<>rsulIJI properly ("f2C'~,"~ 'Iicolltlclovcly "p~perly") upon the tollowlll\l tlll'/Tl8 and condilio/ll; WhICh INCLUDE ttld SI..,KJ..rLl.. IUI n"..1 L~I..lu '['''"10''''"'''"'' 1,""II."J 01111", r,,_crbl' UI ..1I..c/l"lll ~.I.ul<1;"<I\"J I "lid <lilY aJ'''HlOumtu tt"" lI)sllumunt I. DEICRIPTION: (a) ltIgal descriptIOn of Riled PIOPtlfty locatoclln Pinell as CUlIllly,F10lldct Moase Ii. HilIrric:nn Sub ~eetioft IS 2~ 1:) LQ't 14 of Block 1 .' (b) Streel address, city, zip, of lhe Properly IS: (cl Personalty: 414 South Madison II. PURCHASE PRiCE,."", '..'"" " ,,' " " PAYMENT; (a) Deposil(s) to be held In escrow by (b) Subjecl to AND a611umption of mortgage in \lOod slanding in "'>lOr 01 $ 35.000.00 in the amount 01 $ having an approxImate presenl pllncipal bulancu of $ (c) Purchase money mortgage and morlgage nole bearing annual inlerest at % on terms sel tOIIl. hemin, 11\ IIlTlOunl 01 ,', '" $ . · (d) Other: $ $ J~.OOO.OO (II Balance 10 cloal (U,S, cll8h, LOCALLY DRAWN ctlllilied llr clishler's "heck I, subJecllo adJuslments and prorations"" . III. nMI fOR ACCEPTANCI; EFFECTIVE DATE: II this olllr Is nol executed by and dllliveled 10 all parhes OR FACT OF EXECUTION communlCllled In wnllng bel_n lhe parlies Jfl or belore Aor ill. 1991 , the deposit(sl Will, at Buyer's oplion, be returned 10 Buyer and Ihe olle,r withdrawn ~hl dltl_ oi Ihls Conlracl ("Ellective Dale") will be the dale when the last one 01 Ihe Buyer and Ihe Seller has sluned this olllr, IV. fINAl\lCINO: (a) If lhe purchll8e price or any part 01 it Is 10 be linenced by a third parly loan, Ihis COnlracl for Sale and Purchase rCOntract") is condiUofllld on the Buyet lbtalnlng. wrllliln commitmenl for lhe loan wilhin N/A days 'rom EIIllCliv8 Date, al an inillal inlerest rate nol 10 e.r,eed "'; term. 01 )'118IS, iIld In the prlncipel amount of . ' Buyer will make appllCallon wilhln days from ElfllCllvu Dalll, end u&1 reasonable Clllill.ncl 10 obtain the loan com- nitenl and, lh8realllll', 10 meet the terms and conditione of the commllimenl and to close the loan, Buyer shall pay all loan expenses. II Buyer lails to obtain the loan commilment and, :xomp!Iy notiliea Seller In writing, or elllll' diligenl effort fails 10 meet lhe terms and condllions of the commllment or 10 waive Buyer's r\lIhts under Ihis subPilr~raph wllhlll the time Jlated for obtaining lhe commitment, then ellher parly may cancellhe Contracl and Buyer shall be relunded lhe deposII(S), (b) The exisUng mortgage deacrlbed In Paragraph IIlb) above has (CHECK (1) OR (2)) (1) 0 a varlllble Inlelesl rale OR (2) 0 a lixed interest rate 0' 'll. per annum. o\t time of title transfer some fixed interest rales are subject to increase, II increased, Ihe rate shall not exceed % per annum, Seller sh~II, within J8ya from Effective Date, lurlllah a statement from all mortgagees stating principal belances, melhod of payment '"teresl rate and Slutus 01 morl\lllges, II Buyer'haS 8Qraed to llIliUme J mortgage which reQuirea approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtaIn all reqUIred applICatIOns and will dlllgeoll)' complele and relurn lhem :0 the mortgagee. Anv mortgagee charge(s) not to exceed $ , shell be paid by , (if not litled 10, uQually d,vlded), If the Buyer ia not accepted :Yt mortgagee or the requiremen18 for assumption ere not in accordance wilh the terms 01 the Contract or mortgagee makes 8 charge In excess 01 the slated amount, Sellet ot ~ may relClnd thla Contrect ,. ~ wrlllen ,notice 10 the other parly unlest eilher elecls to pay lhe Increase iOlnleresl rale or excess mortgagee charges V, nl'Ui EVIDENCE: AIle'" ' . days before closing dale, Seller shall, al Seller's expense, deliver to Buyer or Buyer'S atlorney, in accordance with Standard A, (Check 111 ')/' (2)): (11 0 abstracl of title OR (21 tille Insurance commllmeot. ' . '''I. CLOSING DATE: This tranuction shall be closed and the deed and other closing papers delilltlred on 5- 31- 91 ,unless extended by othel pro_isions of Contracl 1/11. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shaJllake litle subjeclto: zoning, restrictoons, prohlbihons and oll.el .equlftlmenls Inli'osed by gCNtlrnmenlal aUlhOrtly, reslrocllOns ;nd matter. appaaring on lhe plat or olherwllie common 10 the SUbdiVIsion; public utlllly easemenls of record (easements are 10 be located conllguous 10 Raal Property lines and lOt more then 10 leel In width as to lhe rear or front hnes and 7'h leel in widlh as 10 the side hnes, unless otherWISe speCIfied hurain); laxes lor year 01 ClOl;lng and sub;iCQusnl ..ara; lII&LlIl*f mortgages and purchase money morlgages, if any; olher: lrovided, thet there exil;18 at closing no violalion 01 lhe loregoing and none of lhem prevents use 01 Real Properly lor Colftlftcrcial putpose(a), /11I. OCCUPANCY: Seller warranls that there are no parties in occupancy olher than Seller, bul II Property IS intended to be renled or occupied beyond closing, lhe facl and tlrms Il8I8OI IhaIl be atated herein. lInd lhe tenant(sl or occupants disclosed pursuant to Slandard F. Seller agrees to dehver occupancy of Property at lime 01 closing unless OIherwise l18l8d '*-In, If occupancy Ie 10 be dallwtllild be/ore closing, Buyer aa84Jmea all riak 0/ loss 10 Properly from dale 01 occupancy, shall be responsible and hable lor /l18lnlenance lrom ''lal dale, and IIh8II be de8l1l8d 10 have aocep18d Properly In their exiallng condition aa of lime 01 taking occupancy unless OIherwlSe staled herelll 0/ en a aeparale wilting, ,x. TVPlWRmEN OR HANDWRITTEN fiROVISION8: Tvpewritlen or handwritten provisions shall control all printild proviSIOns 01 COnlracl in conflict with tham, 1(. IN8ULAnoN RIDERI If CantraclII liIt1111ed for the sale of a new residence, Ihe lnaulalion Rider or eQuivalent may be atlached, lCI. OO_AL OONITRUCTION OONTROL UN' CMCCCLM, RIDIR:1f Contract I. utililed 10/ the sale of Propelly allecllld by lhe CCCL. Chaptlll' 161, F,S" (1985), as &/llIIOOtd, lhIlI ~. end the CCCl. Alder or eQUlvlllnt may be a~ 10 thta Conlract. i; lClL POIlIIGN INW8TMINT IN RIAL "'OPlfITY TAX N:r CMfIRPTAM' RIDER: The parties shall comply with the provisions 01 FIRPTA and applicable regulalions which could ':~; __.... to prcMdIlddIIb'IIII ClIIh at cIotl~ to r"l8l withholdl~ 18QUiI'Itn8/lII, and the FIRPTA Rider or equivalenl may be allacl1ed to this Contract. f~', <& AI8I8tIAM ITYICCHeClC (1)0I' (2)): Buyer (11 0 may aasign OR (2):f)Ill8Y nol assign Conlract. '(IV. 'P1ICIAL C~U"': (CHECK (1) or (2)): Addendum (110 is attached OR (2) 0 is 001 applicable, THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FUUY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLOAIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR, ~ doss not COflSUfute an opinion thai any of the tenns and conditions in this ConttaCt shOuld be accepted by the par/res In a particulaI/faIISdCIKl(l (ffI(/ ~Uons Ihouk1 be negoUaled basod upon 1118 r8$p8CfJtIe interests, obfoctlV6S and baJgainlng positions of a/I interestttd ptnons, . :" COPYRIGHT 1968 BY THE FLORIDA BAA AND THE FLORIDA ASSOCIATION OF REALTOHS,INC. 9F.. 'C~~~~_~~_~.r~ ~ o/{~;'I Dale r1gl'ft l.., -.,.. 1 _:;., nager . z~" " ..J1tlllt Date on eau :CJ.ty-Cldk. " l' - , oaf I~ ii, Date ( 3 -2-q\ ttO[,llt:Y Terms . . ) --J jJj J Dale (y . , . () J - / ~!J-J fJ . , Oalll (Seller) Date Social Secunly or Tax I 0 , IPOIItCII under Paragraph II ~;1F OTHER THAN CASH, THEN SUBJECT TO CLEAAANCE, (Escrow Agent) ~I!A'S FEE: CCHECK & COMPLETE THE ONE APPLICABLEI By: j IP A UITING AGRIIMINT .. CURRENTLY IN EfFECT: ' BelIr .... 10 pay the BroMr named below, Includll1g cooperating sub-agents named, according 10 the terms 01 an existing, separate Iistlflll allrtlement: III J ~ UlTlNO AOREEMENT 18 CURRENTLY IN EFFECT: tNI pay the Broker named below, at hme of Clollng, from the diabur58ments of thto procetlds 01 lite sale, COfllptlnSilllun in lite amounl 01 (COMPLETE ONLY ONE) -J.O to alllIOII purchase price OR S , for Stoker's I181'VI(;8S in effectong lhe 6ule by fIndIng Itlt! Buyer ready, williny and able 10 purchase pursuanl to the lortlgotng JIlIracl. If Buyer falle to perform and depollit(al Ie retained, 60"' thereof, but not exceeding lhe Broker's lee allow prOVided, shall be paid Brokel. a. full conaidl/alion lot Broker's .nIloot Including cosls expended by Broker, and the balance shall be paid to Seller, It the Irafl88CtlOll shall nol close because 01 refusal or failure of Sellet to perform, Seller shall IV the full fee to Broker on demand. In any litigation arielng out of the Contract concerning the Broker's fee. the pre_ariing parly shall rscover reasonable sllorney letls and costs (~ C}~{,f4 ~, - ~~n., (firm el : (aut ' naIO/y), (name 01 coopelatong SUb-agent) iSeIl"') AlDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE flORIDA BAR A. EVIDENCE OF TITLE: (1) An abstract of Iltl.~ prp.pared or broughl currelll by a (('putabl., all" P.X1s""9 ab';IL'.:! liff" (if Ill,l ,)xhlillq Ihnn ,:erlllKld as co. red by an (jXlslI~1Q I" purporll'1Q to be all accurate synopsis of the IIlslrull1enls .dlecl"'<,j Iltle 10 Heal Pruflerly ,ecoult'd ill "," pullltc ,,'CCJl'(s ot 1110 county wl,e,,,", 11e"I Property IS localed, lh,ouqh ElIllCI Date and which shall commence with the earliesl public recorels, 0' such laler 'date as may Ill! customary "' 111" counly. Upon clllSII"] 01 tillS transacllO" IhP. abstract shall UACD. the property of Buyer, sublect to the right 01 ,elen"on thereof by IIrst mortgagee un III tully paid 121 A title ",s"';1I1ce commltmelll issued by a Florida licensed "tie Insurer ,agree, to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of htle insurance In thA amounl of lhe purchase pnce, Insunng Buyer s title to Real Property, subJ8ct Of 10 liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be dIscharged by Seller at or belore clOSing" Seller shall convey a maf1<etat title IIUbject only to liens, encumbrances, exceptions or Qualifications set forth in Contract, Marketable tille shall be determIned accOfdlng to applICable TIlle Standards adopted I authority of The Florida Bar and in accordance wtlh law. Buyer shall have 30 days, II abstract. or 5 days, of title commitment. lrom date ot receIVIng evidence 01 lltle to examo: it If title is lound de'ective, Buyer shall, within 3 days, notily Seller in writing specifying delect(s), If thoj defecHsl render. title unmalketable, Seller Will have 120 days from recel at nolice within which to remove the defecl(s), faili(\g which Buyer shall have the option 01 either accepting the lIlIe as It then is or demanding a refund 01 depoSlt(S) paid whl. shall immediately be returned 10 Buyer; thereupon Buyer and Seller shall release one another of all furlher obllgallons under Ihe Contract Seller Will, If title 15 lound unmaf1<etab use diligent eflort to cOfrecl de'ect(s) in title wllhin the time provided Iherelor, including the bllngll1Q 01 necessary SUI Is, B. PURCHASE MONEY MORTGAGE; SECURITY ,AGREEMENT TO SELLER: A purchase money mollgage and mortgage nole to Seller shalt provide fOf II 30 day grace period lhe event 01 default il a first mortgage and a 15 day grace period if a second or lesser mortgage; shall proVide for light of prepayment In whole or In part WIthout penalty; sh not permit acceleration or interesl adjustment in event of resale of Real Property; shall require all pilar Iten and, encumbrances 10 be kept In good standing and forbid modlllcatto' 01 or 'uture advances under prior mortgage~s); and the mortgage, note and securtly agreemenl shall be otherWise Ih 10/ln and content required by Seller; but Seller may only reqlJl clauses customarily lound in mortgages, mortgage notes, and secullty agreements generally uliltzed by saving and loan institullons, or slale or natIOnal banks located in the coun wherein Real Property is located, All Personalty and leases being conveyed or assigned Will, at Seller's option, be sublect 10 Ihe lien 01 a security agreement evidenced by record. financing slalements, If a balloon mortgage. the final payment will exceed the periodic payments thereon, C, SURVEY: Buyer, at Buyer's expense, within lime allowed to deliver evidence 01 1Ille and to elamine same, m,1V Ilave Re.ll Properly surveyed and certified by a registered Flori surveyor, II SUlvey shows encroachment on Real Property or thai improvements localed on Real Propefly encroach on setback lines, easements, lands 01 olhers, or Violate any restllcllOI Contract covenants or applicable gover.nmental regulation, the same shall constitute a title delect D, TERMITES: Buyer, at Buyers expense, wilhin tll"e allowed to deliver evidence 01 title a;1d to examine same, may have -AeaIProperl\i inspected by a Florida Certified Pest-Coni' Operator to determine if there is any VISIble acllve termite 1I,Iestaloon or viSIble exoslong, dama~e Irom termite Infestalton in .Ihe improvements, II either or both are found, Buyer v have 4 days from date 01 wlitten nofice thereof, within which to have all dam~es: wl1ether Visible or not, inspected and estimated by a licensed builder 01 general contractor. Sel! shall pay valid costs of treatment and repair of all damage up to 2% !I' ilJrct\~sll'. pfICe.- Should such cosls exceed Ihat amount, Buyer shall have the option of cancelling Contr~ wit hi.. 5 days after receipt of contractor's repair estimate by 'JIving wrjllen.notlce-to Seller nl Buyel may elect to proceed With the transaction, in whICh event Buyer shall lecel' a credit at closing 01 ar, amount eQual to the tolal 01 the Irealmenl and repaor estImate not III elcess of 2% 01 the purchase pnce. "Termites" shall be deemed to ,nclude all wfj destroying organisms required to be reported undet Ihe Flonda Pest Control Act, E. INGRESS AND EGRESS: Seller warrants and represents Ihat there is Ingress and egress to the Real PfOpedy sufficient lor Ihe inlended use as described in Paragraph VII here( title to which Is in accordance ~ith Standard A. F. LEASES: Seller shall, not less than 15 days belore closing, lurnish to Buyer copies of all wrillen leases and estoppel lellers (rom each lenant speCifYing the nalure and duratit of the tenanl's occupa'lcy, rental rates, advanced rent and securily deposits paid by lenant II Seller is unable to oblain such leller Irom each tenant, the same InformatIon shall t. furnished by Seller to Buyer within that time period in the lorm of a Seller's affidavit, and Buyer may therealler contact tenants to confirm such information, Seller shall, at closin ,deliver and assign all original leases to Buyer, G. LIENS: Seller shall furnish to Buyer at time' of closing an affidavit attesting to Ihe absence, unless otherwise provided fOI herein, 01 any financing, statementa, claims of hen r potential lienors known to Seller and further attesting that there have been no improvements or repairs 10 Property for 90 days immediate,y preceding date 01 cloSing, II Proper; has been improveQ, or repaIred within that time, Seller shall deliver releases or waivers of mechanics' liens execuled by all general contractors, subcontractors, suppliers, and materialme in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontraclors, suppliers and materialmen and lurthel affirming that ail chal'lles for Improvemen' 01 repairs which could serve as a basis lor 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 propelty is located, at the offica 01 the attorney 01 other closing agent designated by Seller, 1, TIME; Time '8 of the e88eoce of this Contract. Time periods herein 01 less than 6 days shall in the computation exclude Saturdays. Sundays end state or I1lIllorW ~ holidayl end eov time period provided for herein which shall end on Saturday, Sunday or legal holiday shall exlend to 5:00 p.m, 01 the ned ~usiness day, . J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sail!, mechanic's lien aUidavit. assignments of leases, tenant and morlgagee estoppel letters, and corrective In4trument' Buyer shall furnish closing stalement, mortgage, mortgage nole, security agreement, and financing statements, K, EXPENSES: Documenlary stamps on the deed and recording corrective instruments shall be paid by Seller, Documentary stamps. intl1llglble tax and recording purct\a3e mo~ mortgage to Seller, deed and financing statemenls shall be paid by Buyel, L PRORATIONS; CREDtTS: Taxes, assessmenls, lent. interesl, insulance and other expenses and revenue 01 Properly shall be prorated through day before closing, Buyer shall hav the option 01 taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated Cash at closing shall be increased or decreased as may b required by prorations, Prorations will be made through day prior to occupancy it occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer a(\ escrow deposita held by mortgagee will be credited to Seller, Taxes shall be prorated based on the currenl year's tax wilh due allowance made tOf maximum allowable discour, homesle_1d aod other exemptions, If closing occurs al a date when the current year's millage is not fixed, and current year's assessmenl is available, taxes will be proraled base l.ij)Oi'l sUCIlIl8se88mentand-the prioryear's-millage:II CUlrent,nyear:s assessment isnotallai[a!;l!!l, .lb!ln .taxes williJe prorated on the prior year's tax, If there are completed improvemenl on Real Property by January 1st, of year of Closing which improvements were not in existence on Januar-y -1st of -the - prior -ye-a"- IneH taxt'~ -shall be prorated based upon the pric year's mBlage and at an equitable assessment to be agreed upon belween the par lies, failing which, request will be made to the Counly Property Appraiser for an informal assessmel taking Inlo consideration available exemptions, Any tax proration based on an estimate may. al request 01 either Buyer or Seller. be subsequently readjusted upon receipt 01 tax b on condition lhat a stalement to that ellect is in the closing stalement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and nol as of Effective Dale) are to be paid by Seller, Pendir, liens as of dete of Closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as cerlilie, coaflrmld or ratified and Seller shal" at closing, be charged an amounl equal to the last estimate of assessment for the improvement by the public body, N. INSPECTION, REPAtR AND MAINTENANCE: Seller warrants that, as 0' 10 days prior to closing, the ceiling, 1001 (including the fascia and soffits) and exterior and Interior wal' do not haII8 any VISIBLE EVIDENCE of leaks ,or water damage and that the septic tank. pool, all major appliances, heating, cooling, electrical,plumbing systems and machinery ar 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 0 : malnlenance of those items aod shall report in writing tQ Seller such items that do nol meet the above standards as to delects together with the cost of correcting them, prior t ~s occupancy or not INs than 10 days prior to closing; whichever occurs first, Unless Buyel reports such defects wilhin that time Buyer shall be deemed to have waived Setler' WWTantlee as -to defects not reported. If repairs or replacement are required, Seller shall pay up to 3% 01 the pulchase price lor such repairs or replacements by an appropriatel FlOrIda licensed personsetecled by SeHer, If the cost lor llUCh repairs Of replacement exceeds 3% of lhe purchase price, Buyer or Seller may elect to pay such excess, failing whle' either party may cancel this Contract. If Seller is unable 10 correct the defects prior to closing, the cost thereol shall be paid into escrow at closing, Seller will, upon re88Ollabl, notte., llI'ovide utililles service for Inspections, Between ElIective Date and the Closing, Seller shall maintain Property including but not limited to lhe lawn and shrubbery, in the conditio h8AIIn warranted. ordinary wear aod tear excepted, Buyer shall be permitted access for inspection 01 Properly prior to c1o&ing in order to confirm compliance with this Standan: 0, RISK OF LOSS: If the, Properly Is damaged by fire or other casualtybelore closing and cosl of restoration does not exceed 3% 01 the assessed valualion of the Propelty s' damaged, cost 01 restoration shall be an obligation 0' the Seller and closing shall proceed pursuant to the terms of Conlract with restoralion costs escrowed al closing, II the co~ at restoration exceeds 3% 0' the assessed valuation of the improvements so damaged. Buyer shall have the option 01 either taking Property as is, together with either the 3% e any InllUrance proceeds payable by virtue 0' such loss or damage, or 01 cancelling Contract and receiving return 01 deposit(s) P. PROCEEDS OF SAl.E; CLOSING PROCEDURE: The deed shall be recorded upon clearance 01 lunds, II abstract, evidence at title shall be continued at Buyer's expense to stm title In Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, Proceeds 0' the sale shall be held in escro\ by Seller's attorney or by such other mutually acceplable escrow agent for a period of not longer than 5 days from and alter closing date " Seller's title is render~'<1 unmatketabl. through no fault 01 Buyer, Buyer shall, withlO the 5 day perood, notify Seller, ill writing at the delect and Seller shall have 30 days from date 01 rece/pI.o.l SUCh notihcation to cur the detect. II Seller faits 10 limely cure the delect, all deposit(s) shall, upon written demand by Buyer am! within 5,days atter dumalld, he ,eturnedto ~J)j8rand simultaneously wil such repayment, Buyer shall relurn Personalty and vacate Real Properly and reconvey it 10 Seller by special warranty deed, If Buyer falls 10, mal<9' Ilmltly de!1larld lor refund, BuyF shatl take title as is, waiving all rights against'Seller as to any intervening delect except as may be available 10 Buyer by wlue of wd/fanlie~ 'conl3111ed in '\he aced, If a portio of the purchase price is to be derived from institutional financing or refinancing, reQuirem"nls 01 Ihe lendinq In';litution as to place, t~,o; day amj proCl!"'~res !9r~cloSlng, and Ie disbursement of mortgage proceeds shall control over contrary prOVision In thiS Contract. Seller shall have the fIght to reQ'llre tram tn~ -lending in(;lltution jl wrlRen. commitment th,. it will not WIthhold disbursement 01 mortgage proceeds as a resull 01 'lilY "'Ie defect allributable 10 Buyer.mortgagor. rtlO esclo~ a..id closllq ;.roGlro~ie~/~',t,I]JIl.L$landar may be waived if title agent insures adverse matters puIsuant to Section 627.7841, F,S, (1987).,a$ amend_ed :-" '". ~.. <-- a. ESCROW: Any escrow agent ("~!"l receiving funds or equivalent is authorized and agrees by acceptance 6rtnllm to depo~(the01 pron~y, noldsame in:e~(;row imd,subjec to clearance, disburse them in accordance with lerms and conditlon5 01 Contract. Fatlure 01 clearance 01 funds shall not excuse Buy~...'s pe~to'mance n In doubt:as 19 Agent's dulre or liabilities under the provisions of Contract, Agent may, at Agent's option, continue 10 hold the subject mailer of the I'SCroW unlil'tI"j flartm"S'mutually agrelf to Ilsdlsbursemen or until a todgment 01 a court of competent junsdlclton shall determll1e the nghts 01 the parties or ArJent may t1epo~.,t wllhthe c\l" I<. oIHl()~<;lrcUlt tl:lUrtha,vlng junsdlcllon of th dispule, Upon notifying all parties concerned of such action, allliabl\lly on the part of Agent shall fully tenmnate, excupt 10 Ihe extenrfjl'll~;t(Juntlng fOf any 'llenlS:~revIOUSly deltvere' out 01 eSCIOW, If a licensed leal eslate broker, Agent will comply wllh proVIsions 01 Chapter 4"15, FS, 11(J87). as amended, Any su.1 betweBn, Buyer and ,SdI1!lf . where Agent IS mad a party because of acllng as Agent hereunder, or in any suit wherein Agent interpleads the subjecl mailer 01 Iheescrow, Agent sI1alt IBco,!er reasonable 'ath:ltriey's lees and cost incurred with the 'ees and costs to be charged and assessed as court cosls in lavor of tho prevailing palty. Parties agriJe that - Aqent shall::"ol be lta~la' to any Palty or perso for misdelivery to Buyer or Seller 01 items subject 10 this escrow, unless such misdelivery is due to wllllul bleach 01 Conlract or gross negligence 01 Agent. R, ATTORNEY FEES; COSTS: In any Iltlgalion arising out 01 thiS Contra!:t, the ptevailing party shall be enlttled to recover reasonable allorney's fees and costs, S. FAILURE OF PERFORMANCE: If Buyer lails to perform this Contract WIth", the tllne specll~Ll (IncludIng payment of all deposll(S)), the deposit(s) paid by Buyer may be retaine hy or lor the account of Seller as agreed upon IiQuic1ated damages, constderatlQll for thO execullOn 01 Ihls Contrael and in lull seltlement 01. any clall"s; whereupon, Buyer and Selic, shaH be relieved of all obligations uod8l' Contract; ur Seller, at Seller's option, may proceed in equity 10 enlorce Sp.llor's rif]hts lInder IIlIS Contract, II, lor any reason other than fallur' JI Seller to make Seller's tille marketable aller diligent elforl, Seller lails, negtects or refuses to perlorm III is Coni. 'lei, tile Buyer Illay seek specific performance or elect to receiv' the return of Buyer's deposit(s) withoutlhereby waiving allY action for damages resulting flOIl1 Seller's breach, T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice 01 il silall be "";0"1,,,1 ,n any puhlic records This Conllact shall bind all' ,nure to the benefit 01 the parties and tl1eir successors in interp.sl Wil.mever Ihe context pernllls, Stlll]ular shall tI,dud" pill/Oil dnJ om! ijen<Jel shall Include all, NotICe \lIven by 0 '0 the allomey lor any party shall be as ellectiVtl as il 'liven by or to that parly, U. CONVEYANC,E: Seller shall convey title to Real property by statutory warranty, trusl,;r,'s, personal rp.flresenl.1tivIJ's or qllarrti;H1'~ dc"d, .1-' apPfOpriate to the status of Seller, sublee ,,,"Iy to mailers contained in Paragraph VII and tl%8 otheIWIS,J1CCeplod by Buyer. Pmson'llly .slull, :It 'equesl ,)1 Buyer, be Ir,ln,t"U'J,j by an absolute bill ot sale with Waf/dnt 'Jf title, subject only to such mailers 8S may be oth",wlse provided lor hereIn, V, OTHER AGREEMENTS: No prior or present agrpements or represen!atlons shall be hinrling upon Buyer or Spill!( unless includf'ct in Illis Contract No modilication Of change ;1 thiS Contract shall be valid 01 binding upon Ihe parties unless in writing "nif execllteJ by the par Iy 01 patties tlltended to ".. bound by It N, WARRANTIES: Selll" ....'''rallts Ihal there are no facts known to Seller mnterially af"'cting "'0 vnlue ot tile AIlal Prop.'rty which ,1rc nol readlfy observable by Buyer Of wh,c :.lve not been disclose, I 10 Buyer. I ' " STANDARDS FOR REAL ESTATE TRANSACtiONS M!~i,;',lmgl I OMR No. 2502-02[;0 A~--- ' '---ii:S~DEPARfMENT OF HOUSING AND URBfDEVElOPMENT ~~_~m'__,__ -- --"----,_._----_._-- ------ B, TYPE OF LOAN -.---"'----.-. - 1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS. 4. OVA 5. 0 CONV. INS. -'---~---.__. -----~-~--~ 7. LOAN .--------------.... 6. FILE NUMBER 91030061 NUMBER -- B 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, 0, NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA P.O. BOX 4748, CLEARWATER, FL. 34618 ADDRESS: E, NAME OF SElLER: ESTATE OF THOMAS JONES/PERSONAL REP. MYRTLE LEE JONES ADDRESS: 1031 WEST AV., CLEARWATER, FL. SElLER TIN: F, NAME OF LENDER: CASH TRANSACTION ADDRESS: G, PROPERTY LOCATION: LOT 14, BLOCK 1, MOASE & HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETTS SUBDIVISION 414 S. MADISON CLEARFWATER. FL. 34616 H, SETTlEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918 ADDRESS: 1290 COURT STREET, CLEARWATER, FL. 34616 PLACE OF SETTLEMENT: 1290 COURT STREET, CLEARWATER, FL. J4blo I. SETTLEMENT DATE: ADDRESS: JUNE 4, 1991 155th 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 35 000.00 401. Contracl sale' prrce il) 00000 102, Personal plope,ty ~02 Personal p'operty 103. Selllement cha'ges 10 borrow (line /400) h nn 403 104. 404 105 405. Adjustments for items paid by seller in advance Adjustments for items paid for seller in advance: 106. City!town taxes to 406, City ftown taxes to 107, County taxes 10 407, Counly ta,.s 10 lOB, Assessments to 40B, Assessments to 109 to 409 to 110. to 410. to 111. 411. 112. 412 120, GROSS AMOUNT DUE FROM BORROWER: 35,006.00 420, GROSS AMOUNT DUE TO SElLER:: 35.000.00 200. AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: soo. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money (/) 501. Excess deposit (see instructions) 202, Principal amount 01 new loan Is) S02 Selllement charges to selle, (lIn~ 1400) 4,203.00 -, - ~ 203, Existing loan(sltaken subject to S03. EXisting loanls) taken sub!eclto 204 S04. Payoll ollrrSI mortgage loan . 205. S05, Payoll 01 second mortgage loan 206. 506 207. S07 208. SOB. 209. 509 Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210, City ftown taxes to 510, Cilyllown taxes to 211 County taxes to 511 County taxes 1/1/91 to 6/4/91 283.12 - 212, Assessments to 512, Assessments to 213. to 513. to 214, 514. 215, 515. 216, 516. 217. 517. 21B, SIB, 219. 519, 220. TOTAL PAID BY/FOR BORROWER: (/) 520. TOTAL REDUCTION IN AMOUNT DUE SELLER:; 4,486.12 , , 300. CASH AT SETTlEMENT FROM/TO BORROWER: 600 CASH AT SETTlEMENT TO/FROM SELLER: 301. Gross amount due from borrower (line 120) 35.006.00 601. Gross amount due to seller (line 420) 35.000.00 302 Less amounts paid by Ifor borrower (line 220) (/) 602. Less total reductions in amount due seller (line 520) 4,486.12 303. CASH [~ FROM)~ BORROWER: 35,006.00 603. CASH [KJ TO) ~ELLER: 30,513.88 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 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, ' SELLER INSTRUCTlON.lfthis 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/or Schedule 0 (Form 1040), You are required by law to provide IRS with your correct taxpayer identification number. If you do not provide with your correct taxpayer identification number, you may be subject to civil or criminal penalties, Under p mber shown on this statement is my correct taxpayer identification number. Seller , ~ M S LDI 1',,,1" 2 .1--- I PAGE 2 OF OMO No. 2502-0265 . PAID FROM L. SETTLEMENT CHARGES PAID FROM BORROWER'S SElLER'S FUNOS FUNOS 700. TOTAL SALES/BROKER'S COMMISSION Based on price S 1'1.000.00 @ 10 %= 1 snn nn AT SETTLEMENT AT SETTLEMENT -- __~ivisio"-.?'_~rnrnis~~~ne 700) .a.~llow.s._________._______._____ ._--~----._... ..-- _n_._____._~_._..,__ -_.-. ------- ----. -,,--- --------- .--- ----~------ .~()1~________1,.2()().QQ to n _ BLAN-:-::EPWARDS_ "REAL._,ES'J:'Al':E -----.-- . u.______._____ --- -.-..- n_ -.-----".-.---- 702, $ to ---._--~----_.- ---------~~------- -- ___m ---_....~- 703, Commission paid at settlement . ..--.--- .n.._____________.____.___ ----- --- ---. - --._-- ------ 3 500.00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan O,igination lee 1'/0 ---.----..------ f--- 802. Loan Discount % ------.-.-. -------~-~-,----_..,_. 803. Appraisal Fee to ---..---. 80,1. Credit Report to ---..---------------- ----...- 1----- 805, Lender's inspection fee --.------- ---- I---- 806, Mortgage Insurance application fee to .- ------- f-- 807. Assumption Fee _._._----~----- - -- -- --------- ------ 808. -------- 809 u_.. 810. -. -~-------- 81,. 9OO.ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE, 901. Inlerest trom to @$ /day 902, Mortgage insurance premium for mo, to 903, Hazard insUfance premium 101 yrs, to 904, yrs, to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insu,ance @$ ):"'."'/'''"''' -,.' mo, per mo, 1002. Mortgage insulance mo, @$ per mo, .e...,. 1003, City p,operty taxes mo, @$ per mo, .,:~ 1004, County pfOpelty taxes mo, @$ per mo '-' ~ .','>' 1005, Annual assessments (Main!.) mo, @$ per mo. iY;' ":". 1006. mo, @$ per mo, ,.', - ';f 'f. 1007. mo, @$ per.mo, ':' 1008 mo, @$ per mo ,;j;;' , .," -' ~:. '\ -'~.,\. 1100. TITLE CHARGES: 1101, Seltlemenl or closing fee to 1102, Abstract or title search 10 STC 100.00 1103, Title examination to 1104, Tille insurance binder to 1105, Document plepalation to 1106, Notary fees 10 1107, Altorney's fees 10 10 Wi"i~;::' .. (includes above items No" ,~' 1108. Tille insUfance (1101) 10 STEWART TITLE COMPANY OF CLEARWATER. INC. 388.00 (Includes above Hems No" t,f , "" \, 1109, Lender's coverage $ ~:~ 1110, Owner's coverage $ 35.000.00 '''~' )f, .. _,~_ M'W'_ ,i"- 1111 1112. 1113 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording lees: Deed $ 6.00 Mortgage $ Releases $ b.UU 1202, City/county tax/stamps: Deed $ Mortgage $ 1203, State tax/stamps: Deed $ 210.00 ,(\\Orlgage $ 210.00 ----..,. '-".-.-- 1204, 1205, 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey to EVANS LAND SURVEYING POC 1302, Pes I inspection to 1303. CITY OF CLEARWATER ASSESSMENT SEARCH snn 1304, 1305, 1400. TOTAL SETTlEMENT CHARGES (entered on 'ines 103, Sect/on J and 502, Section K) h -' nn/l 4, 2_q~_..~ CERTIFICATIOII: I have carelult~'1l'~rrf HUq Selllem "'I Slatement and to Ihe bestot my knowledge and beitel, il is a lrue and accurate slatemenl 01 am; Ahi1f;:nts made V, y acco~~ y me in this tr010n, Ilurther certify Ihat I have received a copy ot HU 5 Ie nt sr ~ dl ^ 1\ nt, J c / ' () .Q /') .vi jl, FOR' ( . I 'flI'v o.W M MYtH ,I'; LF.F.1 - 'PER El!;F, / 1:'11' Borrowers ./7 ~I Sellers b~i ;ruQ~, ~O~~ To lhe best of my knowledge, the HUO-~ A' "~'ich I ared is a true and accurateaccounl olthelunds which were received and have been 01 will b disbUfsed by the undersigne as par 0 e set emen 0 IS transaction, /J ( ,.a ~~ ----ruNE 4' 1991 , Ule") nt A ent ,~- V Date SllLER ~ AIIW/OR PURCHASER S STATEMEIIT Seiter's and Purchaser's signature heleon acknowledges hislthelr approval 01 lax proralions and signities their understanding that prorations were based on laxes for the preceding year, or estlmales lor Ihe current year, and in Ihe event of any change lor Ihe current year, alt necessary adjustments must be made between Seiter and Purchaser; likewise any delault in delinquenl taxes will be reimbulsed 10 Title Company by the Sellel. Tille Company, in Its capacity as Escrow Agenl, Is and has been authorized to deposit alltunds II receives in this transaction In any financial inslitution, whether allilleted or not. Such financial Institution may plovide Title Company computer accounting and audit services direclly 01 through a separate enllty which. if alliliated with Tille Company. may charge the financial institution reasonable and proper compensation therelore and relain any proms thelelrom, Any escrow lees paid by any party Involved in this transacllon shall only be tor checkwritlng and input to the computers. but not lor sloresald accountinq and audit services, Title Company shall not be liable lor any interest or olher charges on the earnest money and shall be under no duty to invest or reinvest funds held by It at any time, Sellers and Purchasers her y acknowledgeand consent to the depoSIt 01 the IScrow money in financial institutions with which Tille Company has or may have other banking relationships and further , consent to the relentlon by Tille Company and/or its affili es 01 ny and all be its (including advantageous interest rates on loans) Title Company and/or lis affiliates m receive Irom such 'nancial institutions by reasono!. ell maintenance of said ! escrow accounts. The palties have read the abov Purchasels/Borrowers --Ee WARNINS, It is a CIIlne 10 knowingly make ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS I -- -- -- -- -- -- -- -- -~ POLICY OF TITLE INSURANCE ISSUED BY 91030061 STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM CI'.'" RAGE, THE Ei' PTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND " "PULATIONS. ST' ART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company. insures".',' '" of Date of POliC.~.,;.'J".7J,hown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Sch . Ie A, sustained ori1~curred by the insured by reason of: J:., The Company will also pay the costs.i't to the extent provided in the Conditions IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date of defense of the title. as insured, but only his policy to be signed and sealed by its eJAau/ /;f'~ President Company City, State The following matters are expressly excluded from the cover expenses which arise by reason of; 1. (a) Any law, ordinance or governmental regulation (incl .{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 or 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 of 'nances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien orsencumbrance resulting from a violation or alleged violation affecting the land has been d d' h bl' d f I' ,dn,'W\ ,'I (oil/mer recor e In t e pu IC recor s at Date 0 Po Icy. ' (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 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, 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. 15707 211 (Rev, 4-6,90) :II .. . t t t t t I t I t t f t t t t t t 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 would have had against the named insured, those who succeed to the interest of the named 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. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart 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 law 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, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy" (e) ,'mortgage ': mortgage, deed of trust, trust deed, or other security instrument, (f) "public records": records established under state statutes at Date of Pol. icy for the purpose of imparting 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" shall also include __~nvir()l1m~ntal protection liens filed_in_ the rEl~e>.r.ds of the_clerk of the United States district court for the district in which the TOne is faceted, - - . (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title, 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 only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have 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( a) below, (ii) in case knowledge shall come to on 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 virtue of this policy, or (iii) if title to the estate or interest, os insured, is rejected os unmarketable. If prompt notice sholl not be given to the Company, then os to the insured 011 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 sholl in no case prejudice the rights of any insured under this policy unless the Company sholl be preJudiced 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. (0) Upon written request by the insured and -subject to-the options contained in Section 6 of these Conditions and 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 os 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 hove the right to select counsel of its choice (subject to the right of the insured to object for reasonable causel to represent the insured as 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 have 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 toke 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 have brought an action or interposed 0 defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by 0 court of competent jurisdic- tion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. I (d) In all cases where this policy permits or requires the Company todrose- cute or provide for the defense of any action or proceeding, the insure shall 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 name 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 act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest os 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. S, 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 sholl 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 sholl 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 - --any litigation, with regard rotne matter or matters requiringsucirproof olloss-01'-- 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 as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Dote of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant sholl grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy 011 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 os confidential by the insured claimant provided to the Company pursuant to this Section sholl 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 os required in this paragraph sholl terminate any liability of the Company under this policy os to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (0) 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. Upon-the exercise-by-theCompany oHhis option, allliabili~.ob~tions- to the insured under this policy, other than to make the payment required, shall 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 Ib)(i) or (ii), the Company's obligations to the insured under this pol- icy for the c aimed 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 a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason oratters insured against by this policy and only to ihe extent herein describe , .. , (continued and concluded on last page of this policy) " - -.- - _._-_._._._,_.,---~~ AL T A OWNER'S POLICY (. I I ~ mls 15707 Order No.: 91030061 Date of Policy: J" 0 4 une , SCHEDULE A 1991 Policy NOO-2111- 1~) 707 Amount of Insurance: $35,0 () 0 . 00 1. Name of Insured: 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 14, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R,H, PADGETTS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. ALSO DESCRIBED AS: Lot Fourteen (14) of Block One (1) of MOASE AND HARRISON'S SUBDIVISION OF LOT SEVEN OF R.H. PADGETT'S SUBDIVISION of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Fifteen (15), Township Twenty-nine (29) South, Range Fifteen (15) East. REG, D 0012 Page 2 STEWART Tl'rI~E GUARANTY COMPANY AL TA OWNER'S POLICY Order No, 9103006] I I SCHEDULE B /" 2111 Policy No.: O-~15707 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. delete 2. delete 3. 2113 (Rev, 6-87) Page 3 S~"'.~WARYr yrIyrLE GUARANTY COMPANY . - ,.. " .. IcONDITIONS AND STIPULATIONS ContinueJ (continued and concluded from reverse side of Policy -Face) -' (al The liability of the Company under this policy shall not exceed the If a payment on account of a claim does not fully cover the loss of the least ot: insured claimant, the Company shall be subrogated to these rights and remedies (i) the Amount of Insurance stated in Schedule A, or, in the proportion which the Company's payment bears to the whole amount of (ii) the difference between the value of the insured estate or interest the loss. as insured and the value of the insured estate or interest subject to the defect, If loss should result from any act of the insured claimant, as stated above, lien or encumbrance insured against by this policy. that act shall not void this policy, but the Company, in that event, shall be (Q) (This paraQraph removed in Florida policies.) required tOlay only that part of any losses insured against by this policy which (c) The Company will pay only those costs, attorneys' fees and expenses shall excee the amount, if any, lost to the Company by reason of the impair- incurred in accor~ance with Section 4 of the Conditions and Stipulations. ment by the insured claimant of the Company's right of subrogation. 8. APPORTIONMENT. (b) The Company's Rights Against Non-insured Obligors, If the land described in Schedule A consists of two or more parcels which are The Company's right of subrogation against non-insured obligors shall exist not used as a single site, and a loss is established affecting one or more of the and shall include, without limitation, the rights of the insured to indemnities, gua. p'arcels but not all, the loss shall be computed and settled on a pro rata basis as ranties, other policies of insurance or bonds, notwithstanding any terms or condi- ,f the amount of insurance under this policy was divided pro rata as to the value tions contained in those instruments which provide for subrogation rights by rea- on Date of Policy of each separate parcel to the whole, exclusive of any son of this policy, improvements made subsequent to Date of Policy, unless a liability or value has 14. ARBITRATION otherwise been agreed upon as to each parcel by the Company and the insured Unless prohibited by applicable law, arbitration pursuant to the Title Insur: at the time of the issuance of this policy and shown by an express statement or by ance Arbitration Rules of the American Arbitration Association may be demanded an endorsement attached to this policy. if aQreed to by both the Company and the insured. Arbitrable matters may 9. LIMITATION OF LIABILITY. include, but are not limited to, any controversy or claim between the Company (a) If the Company establishes the title, or removes the alleged defect, lien and the insured arisinQ out of or relatinQ to this policy, any service of the 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 Company in connection with its issuance or the breach of a policy provision or manner by any method, including litigation and the completion of any appeals other obliQation. Arbitration pursuant to this policy and under the Rules in effect therefrom, it shall have fully performed its obligations with respect to that matter on the date the demand for arbitration is made or, at the option of the insured. and shall not be liable for any loss or damage caused thereby. the Rules in effect at Date of Policy shall be bindinQ upon the parties. The award (b) In the event of any litigation, including litigation by the Company or with may include attorneys' fees only if the laws of the state in which the land is the Company's consent, the Company shall have no liability for loss or damage located permit a court to award attorneys' fees to a prevailinQ party. JudQment until there has been a final determination by a court of competent jurisdiction, upon the award rendered by the Arbitrator{sl may be entered in any court and disposition of all appeals therefrom, adverse to the title as insured. having iurisdiction thereof. (c) The Company shall not be liable for loss or damage to any insured for h f h f h d h I b d h I liability voluntarily assumed by the insured in settling any claim or suit without the T e law 0 t e situs 0 t elan s allapp y to an or itration un er t e Tit e prior written consent of the Company, Insurance Arbitration Rules. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF A copy of the Rules may be obtained from the Company upon request, LIABILITY. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. AII/ayments under this policy, except payments made for costs, attorneys' (a) This policy together with all endorsements, if any, attached hereto by fees an expenses, shall reduce the amount of the insurance pro tanto. the Company is the entire policy and contract between the insured and the Com- 11. LIABILITY NONCUMULATIVE. pony. In interpreting any provision of this policy, this policy shall be construed as It is expressly understood that the amount of insurance under this policy a whole, shall be reduced by any amount the Company may pay under any policy insuring (b) Any claim of loss or damage, whether or not based on negligence, and a mortgage to which exception is taken in Schedule B or to which the insured which arises out of the status of the title to the estate or interest covered hereby or has agreed. assumed, or taken subject, or which is hereafter executed by an by any action asserting such claim, shall be restricted to this policy. insured and which is a charge or lien on the estate or interest described or (c) No amendment of or endorsement to this policy can be made except by referred to in Schedule A, and the amount so paid shall be deemed a payment a writing endorsed hereon or attached hereto signed by either the President, a under this policy to the insured owner, Vice President, the Secretary, an Assistant Secretary, or validating officer or 12. PAYMENT OF LOSS, authorized signatory of the Company. (a) No payment shall be made without producing this policy for endorse- 16, SEVERABILITY. ment of the payment unless the policy has been lost or destroyed, in which case In the event any provision of the policy is held invalid or unenforceable under proof of loss or destruction shall be furnished to the satisfaction of the Company. applicable law, the policy shall be deemed not to include that provision and all (b) When liability and the extent of loss or damage has been definitely other provisions shall remain in full force and effect. fixed in accordance with these Conditions and Stipulations, the loss or damage 17. NOTICES, WHERE SENT. shall be payable within 30 days thereafter. 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, ,. 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 transler 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. 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 " ~ ~ -- --- -- ~ --- .'lane/iry of (imrraCl STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 - ~ - - - - - - - POLICY OF TITLE INSURANCE -~:: American Land Title Association Commitment, 1966 rr=-~~~==='~-'-':;~='C='~=---=---"--c="~I="=="==~"==~-------------7=1 - Ii! c!OMMITMENT FOR TITLE INSURANdE I ISSUED BY I I II I, , ' ~, 91030061 STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay- ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserled in Schedule A hereof by the Company, either at the time of the issuance of this CommitmeQl 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 TithfGuaranty 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 ",,'''I''_~ ""'-c,'1~"~.!'~"~ ~...,... -::r:~ ~.. aPO .~ , !i~~*~~:1 ';pi, 1 9 0 8 lfi1 }... ... ...~ ~......~ ~\~, E X e,,~II1" wAad$~ ~~ '-h(~ GUARANTY CUMPANY President Company City. State Serial No. C. 9 912.71 7 8 9 2 l_______.______.__.._______________._ ~-------~------.----------,. - .-. -.. ------- ____no ___.___.__._________________________________._________ --- '-_..._-------_._.._----~.----------_._-----_._-,-"------- 005N Rev, 3/78 '~. I I mls SCHEDULE A Commitment No. C-qq1?-711.8.92 Your No,: ~~------------- q1n~0061 Prepared For: CITY OF CLEARWATER, FLORIDA 3'Lf9/;;;;M. ( 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 la) ~ AL T A Owner's Policy $ 35,000.00 Proposed Insured: CITY OF CLEARWATER, FLORIDA Ib) 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: ESTATE OF THOMAS JONES/PERSONAL REP. MYRTLE LEE JONES 4 The land referred to in this Commitment is located in the County of PINELLAS State of FLORIDA and described as follows: Lot 14, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETTS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. ALSO DESCRIBED AS: Lot Fourteen (14) of Block One (1) of MOASE AND HARRISON'S SUBDIVISION OF LOT SEVEN OF R.H. PADGETT'S SUBDIVISION of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Fifteen (15), Township Twenty-nine (29) South, Range Fifteen (15) East. Page 2 STEWART TrrI~E 2552 GUARANTY COMPANY - ,. I SCHEDULE B I ORDER NO: ." , .' ' 91030061 Commitment Numbet_9 912 -71 7892 I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or intere , to be insured must be properly executed, delivered and duly filed for record, Personal Representative Deed as Personal Representative.o deceased to CITY OF CLEA Passport) and the Valid photo identificati social security numbers V transaction by the Insur II. V 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: uted state of , FLORIDA. by MYRTLE LEE JONES, THOMAS JONES, 1, Defects, liens, encumbrances, adverse claims or othe attaching subsequent to the effective date hereof estate or interest or mortgage thereon cove .1..'.11 ated, first appearing in the public records or ate the proposed Insured acquires for value of record the mitment, 2, Standard Exceptions: --' c IC r cords, atters which would be disclosed by an tf'l- ~~- to or hereafter furnished, !mposeu uy f&W-al1J1r1..Q1.sI:JQwn by (f) Any titles or rights asserted by a to tide lands, or lands comprisi the I ine of the harbor or bu 3, Special Exceptions: (a) Taxes, I insured, t not limi ed to r tions, governments or other entities, g the oms vi gable rivers, lakes, bays, ocean or gulf, or lands beyond s as established or changed by the United States Government or water rights, if any, Subject to Taxes for t are not yet due and payable Gross Tax for the year 19 1 cel No. $699.01. and subsequent years, which 15/29/15/58338/001/0140 2153 Page 3 STE'\~A.H.T TITLE GUARASTY COMPANY 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'W'ART TITLE au ARANTY 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 ,c - Sanctity 0/ Contract - Issued by '. ',< STEWART TITLE GUARANTY COMPANY I I IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION Case No. 9~: - _-J 7 9/~.3 ~ IN RE: THE ESTATE OF: THOMAS (nmn) JONES, Deceased. / TRUE COpy ORDER ADMITTING WILL TO PROBATE, APPOINTING PERSONAL REPRESENTATIVE AND SETTING BOND The instrument presented to this Court as ~he Last Will of the Deceased THOMAS (nmn) JONES, having been established by competent testimony as being the Last Will of the Decedent, and no objection having been made to probate, the Court finds the Decedent died on March 19, 1990, and that MYRTLE LEE JONES, is entitled to appointment as the Personal Representative by reason of the terms of the Last Will of the Deceased, it is: ADJUDGED that the Last Will bearing the date of March 14, 1990, and attested by Bessie L. Webb, and Nugent M. Walsh, as subscribing and attesting witnesses is admitted to probate according to the law as the Last Will of the Decedent, and further, it is: ADJUDGED that MYRLE LEE JONES is appointed as the Personal Representative of this Estate, and that upon taking the prescribed oath, filing designation of Resident Agent and Acceptance, and entering into bond in the sum of $ 10,000.00, that Letters Of Administation shall issue. TRUE COpy Clearwater, Florida ) I IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA PROBATE DIVISION Case No.9? ".) ') 9/--3 c~ IN RE: THE ESTATE OF: THOMAS (nmn) JONES, Deceased. ~l / " LETTERS OF ADMINISTRATION c.....--:> c..:, TO ALL ~'HOM IT ~.AY CONCERN: WHEREAS, THOMAS (nmn) JONES, a resident of Pinellas County, Florida died on March 19, 1990, owning assets in the State of Florida; and WHEREAS, MYRTLE LEE JONES, has been appointed Personal Representative of the Estate of the Decedent and has performed all acts prerequisite to issuance of Letters of Administration in the Estate; NOW, THEREFORE I, the undersigned Circuit Court Judge declare MYRTLE LEE JONES, to be duly qualified under the laws of the State of Florida to act as Personal Representative of this Estate, with full power to administer the Estate according to law; to ask, demand, sue for, recover and receive the property of the Decedent; to pay debts of the Decedent as far as the assets of the Estate will permit and the law directs; and to make distribution of the Estate according to law. //'::1 !!f- WITNESS my hand and the Seal of this Court this ~ day of '1 , /79D . -J // ~--/ .,d\.\~~~h~IIJ ' '.' ",". \ \ T C' II; '".... r..j . . 0 " ..,'" \.-".J ......... ~ J, ......,'" '" .:....... .,,;, "'..... f" '" ,->" . - ... ,. :::- ...; , ';. { .. I~IT .... . . ,- ,. '. ' ::- · t.~'"":.-...;. ,'.-';' ~ . . ~ .. ~ / . \. I..... '.\ . _ ~ : ~ - . ." . 'I ',._ ::. .'. .. ' ~ 1::,.- -- " ~ ~ .'.. .. - \ ;~.;~t,p.,:Z:i:..~; } "': \/ .... .- \'~.. ~... ......' (' . ". , :- , '1. ~.( (\ .......9. v' .... ..,.f,- f'I('\JJ~'rr-{" "_,, ';1_ '. iV\ so. I \~\' '11'111"'"\\\' I I INFORMATION FOR REAL ESTATE 1099-S REPORT 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 ID 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: 91030061 Taxpayer ID Number: Seller .)c /-1/1. /0 ,() ~ ~ Seller 2 # Taxpayer ID Type: 2 ,(1 = business, 2 = individual) SELLER 1 NAME: Last: JONES First & Middle: ESTATE OF TIIOMAS JONES SELLER 2 NAME: Last: First & Middle: MAILING ADDRESS SELLER~ : street: / 'l 0/ City: (as of January 31 of next year) / t) So ( &J65:>T A uS . CL-taCf(2.W Pr\7c.--{L S ~t e : fL Zip 6;;de: 'S4---b I .s- SELLER 2: Street: City: State: Zip Code: TRANSACTION INFORMATION Closing Date (MMDDYY): ,6/4/91 Contract Sales Price: Seller 1 - 35,000.00 Seller 2 - (If multiple sellers please allocate the sales prlce among the sellers) Description of Property: street Address: 414 SOUTH MADISON, CLEARWATER, FL. 34616 LOT 14 BLOCK 1, MOASE & HARRISON'S SUB. OF LOT 7 OF R.H. PADGETT'S Legal Description: ' SUBDIVISION Under penal ties of perjury, I, MYRTLE LEE JONES, PERSONAL REPRESENTATIVE (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 servic~. Date: JUNE 4, 1991 Seller - 1 Si9natu~ ~Ji4fj'{J Date: Seller - 2 Signature: ~~. CLOSING AGENT .,INFORMATION (to be completed by closing agent:) Name: STEWART TITLE COMPANY OF CLEARWATER, INC. Mailing Address: 17,QOCOURT STREET City: CLEARWATER State: FL Z . C d 34616 lP 0 e: Taxpayer 10 Number: 59-1433918 I I ......""'.,;0 'I{ f.'olll,nrl RONALD (RON) E, SOMERS President s'rEWAII'r 'rrrl...l~ Of' CLEARWATER P,O, Box 2756 Clearwater, Florida 34617 (813) 441.2689 1290 Court Street Clearwater, Florida 34616 AtJI'HORlZATION AND ACKNOWLECGEMENT FORM Reference: FILE NO. 91030061 LEGAL SELLER LOT 14 , BLOCK 1, MOASE & HARRISON'S SUB OF LOT 7 of MYRTLE LEE JONES, PER. REP. R.H. PADGETT'S SUBDIVISION BUYER CITY OF CLEARWATER, FLORIDA We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETrLEMEN'r STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 4_ :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 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 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 Company of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. / ,~, #li~, LtvJM1f# LE LEE JONES SEUER' S FORWARDING ADDRESS: BUYER I S FORWARDING ADDRESS: / /'i 5/tJ~f::,'r #t J ~ . /'- ./ c. L.atatJA'rl::i2..,?'r.-- ""3 f,.b ( ) Ha'1E PHONE# / WORK PHONE# ./ ffls oc:; ~L I,) / A; Ha'1E PHONE# WORK PHONE# '!HIS IS TO FURTHER AUTHORIZE ~ / /f1.. CHANGES NECESSARY TO TIlE CLOSING STA~" . TO APPROVE ANY :Am ~:;P::~~' ! INC. I I NON-FOHE-LGN CI!Jt'l'U'ICA'I'lON BY INDIVIDUAL 'l1U\NSF'EROR 1. Section It145 of the Internal Revenue Code provides that a lrcJnsferee (If a United States real property interest must withhold tax if the transf~ror is [j foreign person. 2. In order to inforlll the triJnsferee thut withholclinu of tax is not required upon the dis[XJsi Uon by MYRTLE LEE JONES , PERSONAL REPRESENTATIVE OF THE ESTATE OF THOMAS JONES 1 nFCF.ASF.n of tile United States real property described as [allows: the undersigned transferor certifies and declares by means of this certification, the following: (a) I (We) am (are) not non-resident olien(s) [or purposes of United States income taxa lion an(l, (b) My United Stotes Nl\l'm THOMAS JONES taypaper identifying lllunber(s) (Social Security NWlIber) SOCIl\l" SF.cUIU1'Y NUMDEH 17/ -; ( ? ~ I 6 - C .~ tfG It It II is/are: (c) Ny home mlc1ress is (a U:achecl adeli lional [Xlge if Ilecessary) (<1) There ClL'e no otlle!.- persons who huve iJn ownership inlel'est in the nlJove-descd,eed property othor lhelll those persons set forlh Clbove in subparagraph (b). 3. 'Jl1e undersigned hereby [ul'ther certifies and declares: (a) I (We) understand that the [Xlrchoser of the above described property intends lo rely 011 the foregoing representations in connection with the Unit.ed States l"c.H-e.i.gn Investment in Heal Property TuX Act. (94 Statute 2602 as amended). (b) 1 (we) undersLlllld lhis cerUficaUol1 IIUY be disclosed to L1w Internal nevenue Service by transferee iJl1d thal iJl1Y folsc statement contained ill this certification llIiJY bc~ pi lIIished by nile I JlllprJ,solllllollt or lx>th. Ullder penalties of perjury I (we) declare I (we) have examined carefully this certi- ficati.oll and it is true, correct and complete. Date JUNE 4, 1991 at PINELLAS County I ~RIDA /ty AR4' Jo4~~{aPkt.srnr,ATlVE /~~ Witness / witnes, (111is document must be retained until the end of the fifth taxable year following the'" taxable year in which the transfer takes ploce). CONSUfJl' YOUI1 A'l'lDRNt>;y' AND/OH 'I'l\X l\DVISOH - NO REPnESE.'N'l'l\'l'ION on RECOMMENDATION IS Ml\DE OY STEWARt' TITLE INSIJHANCI~ C()\1PANY ANIJ/OH CONCEltNJ.NG TilE LEGAlJ SUrF'JCIENCY ANIJ/Olt TAX CONSQUI~'NCES or 'nlIS IXX::um.:N'l'. YOU ~1AY DE REQUIHED '1'0 nLE A COpy OL~ TIltS rx'X:lJMI':N'l' WI'1'1I '1'1 m IN'l'EltNAL Hl!:VE:NlJl~ smVICE. '.I1I1!:SI~ Aim QUES'J'.LONS FaH YOUR l\Tl'OHNE;Y em Tl\X l\\)V lSOH. S'l'l\TE OF FLORIDA COUN'l'Y OF PINELLAS I IIEREOY CI~H'l'n'Y that 011 lhis day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally llppeared MYRTLE LEE JONES, PERSONAL REPRESENTATIVE to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before, hie, lImt they executed the sallie. .,...- ., WITNESS my hand alld otficiil'i" seaJ, ,in the CounLy nnd sta~, t afor said this 4 of JUNE , 19 91 . / /. .-- -."- '/ / / Ilu~ N01'l\R PUBLIC ~1Y Ca-lJIlISSION EXpnmS: /1/'-';- /' <:;'/' day ~O 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 MYR1LE LEE JONES, PERSONAL REPRESENTATIVE Seller or Owner-Borrower 414 SOU1JI MADISON, CLEARWATER, FL. 34616 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 stat . D ADDRESS OF PARTY / Approximate Amount . rty except the following: (If none, so state.) Approximate Amount 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 a atisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLI OF LABOR, OR MA TERIALS Approximate Amount o / 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 thL',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 AITORNEY'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 HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. . . 1 ~.. ,. ....,. II, '. " y:< .:~..: ~. :"'1' OR: CITY OF CLEARWATER, FLORIDA JUNE J , 19--SL-. County', . /l(,~') --?c/ -':My Commission Expirts: ,tJ _ FLORIDA Rev,1{88 NOTE: This (orm is to be si.ned hy Idler in U."-C of ...Ic. Ir no salt, it i. to be limed tay the owncr.borrowcr. If there i. any new construction. the contraclor muu aho join in this form or _si.n a srparalC one I I D I S C LOS U R E We, the Owners of that certain real property located at 414 SOUTH MADISON, CLEARWATER, FL. 34616 Pinellas County, Florida, do hereby disclose the follow~ g facts known to me which may e or desi1 bility of said property. ~ the value or I HEREBY CERTIFY that I have no defects in said property which 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_-- ~ytJtt~~ MYR ~E J't1ImIf, . p . - ~ ENTATIVE Witness / 1f};&~ ~~~ STATE OF FLORIDA COUNTY OF PINELLAS JUNE SWORN TO AND SUBSCRIBED BEFORE ME THIS 91 4 DAY OF 19 My Commission Expires: ~ !/- )- C;t/ /~4~~ N~tary Public I' ,.. .' ~ ,. " .....l