ALBERT L ROGERO JR
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I PINELLAS COUNfV FLA.
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WAIHiANT"( OEICD
INDIVIDo TO INOIVID
This W~rranty Jaeed Mude tIle
15th cluy of
May,
A. [). Il) 91 by
ALBERT L. ROGERO, JR., a married man
Iwrei/lufter culled tile WUlltor. to
CITY OF CLEARWATER, FWRIDA
w/lOse {lostoffice uddress is P.O. Box 4748, Clearwater, Florida 34618-4748
Ill'reilwjler called tIle fjruntee:
(Wherever lI~t'd ht'rc.~in th.. tt'rllls "\(rantIJr" and "ol(Tanh'e~1 indudr all .he partit's 10 this inslfumeut and
tllt~ heirs, ICr.{al rrpre...ellt;'lti\'cs and ao"!'Ii~n~ of iudi\Oiduals, and the SU(Tt':tSOrs and a~si!(ns uf cuqJoraliuns)
ltlIHnessdh: TllattlH' Willi/or. for ami ill considerulion of tile slim of $ 10.00 and otller
"a/ual)/e considerations. receipt wlwreof is Iwrel)y aclmowl('([{/ecl. I.ereby {/rcUlts. Imrgains. sells, aliens, re-
mises, releases. conveys and confirms unto tIle grantee. all tllat certaill land situate in Pinellas
County, Florida. viz:
Lot 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL LOT 5, according
to the plat thereof, as recorded in Plat Book 4, Pages 32 through 41, inclusive,
Public Records of Pinellas County, Florida.
Parcel No. 15/29/15/65214/005/0100
Grantors social security ;. ~). -~J. - royr:f3
(ALBERT)
Property is not the principal residence of the Grantor, he in fact resides at:
/91 S SEII~C.
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(!....Lt::.79<<- wfh-z=JZ
Documentary Tax Pd.
~...c3:JO~20
$..-,---
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C::Or'-~
JogttherBY willi
wise appertaining.
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the tenements, hereditaments and appurtenances thereto belonging or in any-
Jo ltalJe and to HDld, the same in fee simple forever.
Dnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims 01
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 90, and easements and restrictions of record.
KARLEEN F. DEBLAKER, CLERK
BE~~Q8]:1l.,Jt;RIFJEJL__!<.r.L ~
In Uilness Uhereof, the said grantor has signed and sealed these presents the day and year
first above writ/en.
i Sivn:f~ealedl an~: deli~er:~1 in our pr~sence:.
7/..;f.kI~..1.~:)J/?~~?~J........
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ALBERT L. ROGER~ JR. .
-....-..-...........................................................-....-........
STA TE OF
COUNTY OF
FLORIDA
PINELLAS
SPACE BelOW fOI RECOIOERS USE
I HEREBY CERTIFY tha.t on this day, before me, an officer duly
authorized in the State aforesaid ana in the County aforesaid to take
acknowledgments, personally appeared
ALBERT L. ROGERO, JR., a married man
to me known to be the person
foregoing imtrument and he
executed the same.
described in and who executed the
acknowledged before me that he
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Th!s !n~tn~::l~~; lS'~r; ~>r~~",:f~ ~d !;,~j:
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B~I: __l1I~k_1.~__s..;r.~.<;;~;rN
WITNESS my hand and official seal in the County and
State last aforesaid this 15th day of
/} May, A..D. '19 9~':7
~fr~~~
...N0TARy..PUBLIC..STATE..OF..}'tORlbA.......
TI/1.' Imlrtllllm/ I'rtp(}mll~y: MY COMMISSION EXPIRES:
t~'.)o:;1 (':H
(9)
to) 4,~. .'". '-
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Which 11'~'rU~W?h ',:i~1':, }-;'H-:::
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NOTARY PUBLIC. STATE OF FLOrllDA
MY COMMISSiON EXPIRES' MAR 2 1993
80NDED THRU NQTARY PI..lJiL;C UN~E~WHITii;~..
/:2- or:- - 07 -/0
,
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CONTRACT FOR SALE AND PURCHASE
PARTIES:
of
I
(Phone 441-2991
(".~.!lli().
),
and
('"Buyer"),
of 1 . (Phone).
I1Ul(lby ag"~e tl1~t the Seller shall soli al Buyer shall buy tho lollowing roal property ("Real Property") and porsonal property ("persona~") (collectively "Property") upon tho fallowing
lerllls and conditions. which INCLUDE Iho Slandaros IOf Real Estate Transactions ("Standard(s)") printed on lhe reverse or allached u any Riders and Addenda to this instrument.
I. DESCRIPTION:
(a) Legal description 01 Real Property located in Pi nr-> 11 ~ "- County, Florida: Lot 10. Revised Map of
R. H. P::ldg€ltt':a S'..lbdivis;ion of' ()Y'igin~l Tnt-, 5, Rr.r.oming to the Plat thereof as
r€lGord€d in Pl6lt Book- Ll~ P9gr->"- 3::> 41j PlIhlir. Rer.oros of Pinellas County. Florida.
(b) Street address, city, zip, ot the Properly is: 115R nnl11 n '<:;t.Y'r->pt, r.l P8Y'WRter,. Fl orioa ~4616
(c) Personally: Non@ SRT T H'R T'3 ll. T ,TrRN,<:;J;TI l1'T nRTDA Rl1-:A T, F.srlWrF. BROKF.R DOING BUSINESS FOR
HD.'lSELF' .
II. PURCHASE PRICE ............................... ........,..........,............................. ............,.."...,...,.,.................... ........ .... $ 60.000.00
PAYMENT:
(a) Deposit(s) to be held in escrow by in the amount of .. $
(b) Additional escrow deposit within days aller Ellective Date in the amount of .................................................... $
(c) Subject to AND assumption 01 mortgage in good standing in favor 01
(d) Purchase money 1lI0rtgagu and noto buaril1<J annual interest al
(e) Other:
having un approximate presont principal baklnce o' . , $
% (soo Addundum) in amount 01...................... ............ $
$
(I) Balance to close (U.S. cash, LOCAlLY DRAWN certilied or cashier's check), subject 10 adjustments and prorations........................... $
lit. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: II this oller is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before IIrY'i 1 5 ~ 1991 , the deposit(s) will, at Buyer's option, be returned to Buyer and this oller withdrawn. A facsimile COpy 01 this
Conlract for Sale and Purchase ("Contract") and any signatures hereon shall be considered lor all purposes as originals, The date 01 Contract ("Effective Date") will be the date when
Ille last one of the Buyer and Seller hilS signed this oller.
III.
60.000.00
FINANCING: Not Applicable
(a) II the purchase price or anY.J?art a. it is to be linanced by a third-party loan. this Contract is conditioned on the Buyer Obtaining a wrillen commitment lor (CHECK (1)
or (2) or (3)): (1) 0 a lixed, (2) U an adjustable or (3) 0 a fixed or adjustable rate loan within_ dayS alter Effective Date at an initial interest rate not to exceed_ "I.,
term of years and for the principal amount of $ . Buyer will make application within days alter Ellective Date and use reasonable
diligence to obtain the loan commitment and, thereafter, to meet Ihe terms and conditions 01 the commilmenl and close Ihe loan. Buyer shall pay all loan expenses. II Buyer
fails 10 obtain the commitment or lails to waive Buyer's righls under Ihis subparagraph within lhe time lor obtaining Ihe commitment or aller diligent ellorl tails to meet tile
terms and conditions o. the commilmenl, then eilher party therealler by prompt wrillen notice to the other may cancel Ihe Conlracl and Buyer shall be refunded the deposit(s).
lb) The existing mortgage described in Paragraph lI(c) above has (CHECK (1) or (2)): (1) 0 a variable interest rate or (2) 0 a fixed interest rate of % per annum.
At time of title transler some fixed interest rutes are subject to increaso. II increased, Ihe rate shall not exceed % per annum. Seller shall. within days after
Ellective Date, furnish statements Irom all mortgagees staling principal Ualances. melhod 01 payment. interest rate and status 01 mortgages. II Buyer has agreed to assume a
morlgage which requires approval 01 Buyer by the mortgagee lor assumption. lhen Buyer shall promptly obtain alf required applications and will diligently complete and return
them to the mortgagee. Any mortgagee charge(s) not 10 exceed $ shall be paid by (il not filled in, equally diVided). If Buyer is not
accepted by mortgagee or the requirements lor assumption are not in accordance with the terms of this Contract or mortgagee makes a Charge in excess of the stated amount.
Seller or Buyer may rescind this Contract by prompt wrillen notice 10 lhe other party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVtDENCE: At least t~ dayS belore closing date, Seller shall, at Seller's expense, deliver to BUyer or Buyer's allorney, in accordance with Standard A,
(CHECK (1) or (2)): (I) 0 abstract 01 I e or (2) lid lille insurance commitmentpnd, after closing, owner's policy 01 tille insurance.
VI. CLOSING DATE: This transaction shall be closed wld the deed and other ctosing papers delivered on~5~ J 991 ,unless exlended by other provisions 01 Contract.
1I1l. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shalt take tiUe subjeclto: zoning, restriclions, prohibitions and other requirements impolled by governmental authority: restrictions
and mailers appearing on the pfal or olherwise common 10 tho subdivision; public utilily easements of record (easements are to be located contiguous to Real Properly fines and
not more than 10 leel in width as to tile rear or 'ront lines and 7 'I. leet in width as to the side tines, unless otherwise stated herein); laxes for year 01 closing and subsequent
years; assumed mortgages and purChase money mortgages, il any; olher:
; provided,
that Ihere exists at Closing no violation of the foregOing and none 01 them prevents use of Real Property for g€ln€lP&l ~ ~r'::' ial purpose(s).
1I1It. OCCUPANCY: Seller warrants that there are no parties in occupancy otner than Seller; but, if Property is intended 10 be rented or occupied beyond closing, the lact and terms
tl1ereof shall be stated herein and the tenant(s) or occupants disclosed pursuant 10 Standard F. Seller' agrees to deliver occupancy of Property at lime 01 closing unless otherwise
stall.ld herein. II occupancy is to be delivered belore closing, Buyar assumes all IIsk 01 loss to Properly from dale o. occupancy, shall be responsible and liablo lor maintenance trom
IIlat <late. and shall be deemed tQ have accopted Property in its existing condition as 01 lime o. tuking occupancy unless othorwise lllatod herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typowrillen or l1andWlltlen provisions stlilll control all printed provisions of Contracl in conflict with them.
X. RIDERS: (CHECK if any of Ihe following Riders are applicable and are allached 10 this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER Ie) 0 fOOElGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (dl 0 INSULATION AIDER
(el 0 FHA/VA RIDER
(I) 0 OTHER:
Xl. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) iHcmay assign or (2) 0 may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is allached or (2) iii there is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. . BUYER'S INITIALS
XIII. DISCLOSURES: Buyer 0 acknowledyes or 0 does not acknowledge receipt 01 the agency/radon/compensation and estimaled closing costs disclosures...
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
. Lf NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
- ." .~. - -;fttS jQRM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
APwOJl'dJ does rlO! cOllslitutt1"lT1 opiniOll that any 0/ the terms and conditions in this Conllact shouJd be accepted by thl'l fJlJ(ties in a particuJar /Jansaclion. Terms
<~ -,- md . Ions "'lOIitttJ nOfl'llJatod bw;ac1 upon lhe rvspoctlve mterests, obJectives and bargaUlUlg POSItions 0/ all mleraslad p/ilfsons.
Ci:~f.i ,:;:: ~;,,""" ,. a.... .,..-;: or~a PYRIGHT 1991 BY T~E.!L2R~~ ~ ~N.'? T~E. ,!9A_ ~S~ OF REALTORS
B~. . 'ffsl'fr Da.. '.t'-.,luc 3 -a-ffDa.
Michael- yJri[sht, ( Albert L. Rog
/ tf/s7 f / Date Social Security or Tax 1.0. #
y,/~~ / Date
ssioner (SeUer)
Date So . . T 10
M A. G Ihr i th Cl orne clal Secunty or lax. . #
tJeposit u~r P'"aragraph Ufa) recei d' OTHER T~ CASH, THEN .SUBJECT TO CLEARANCE.
BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By:
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT;
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the lerms of an existing, separate listing agreement:
OR
o
---------------
A
Date
(Escrow Agent)
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
SeUer agrees 10 pay the Broker named below, alllme 01 closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
- % o. gross purchase price or $ lor Broker's services in ellectiny tne sale by finding tho Buyer ready, willing and able to purchase pursuant to the foregOing
Conlract U Buyer lails to perlorm and deposil(s) is retained, 50% thereol. but nol exceoding the Broker's fee above provided, shall be paid Broker as lull consideration for Brokor's
services, including costs expended by Broker, and the balance shall be paid 10 Seller. If the transaction shall not close because 01 refusal or lailure of Seller 10 perlorm, Seller shall
pay the full lee 10 Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable allorney's lees and costs.
(firm namo 01 listing Broker)
By:
(authoriz<,d signatory)
(firm name of selling Broker) (Seller)
By:
(ilutholiwu SiVlldlOly) (Scllur)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
L
FAR/BAR 002A-90a Rev. 1/91
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: ( 1) An abstract of title prepared or brought current by a reputablo and existing abstract firm (il not existing then certified as correct by an existing lirm)
lJurporting to be an accurate synopsis 0/ Ihe instruments allecting title to thu Rllal Property recordod in the public r~ords 01 the county wherein Roal Property is located through
Elluctive Date and which shall commence with tll... oarliest pUblic record:;, or such later date as Illay be customary in the county. Upon ctosing 0/ this transaction, the abstract shull
b"collle the propllrty of Buyer, subjoct to tho right of Mllntion thoruol by lirst mortgagee until IUlly paid. (2) A title insurance commitment issued by a Florida licensed title insurer
Jgreeing 10 issue to Buyer, upon recording 01 tI)o,l deed '0 Buyer, an owner's policy of titlo insurance in tho urnount of the purchaso prico Insuring Buyer's title to the Real Properly,
:;ubject only to liens, encumbrances, exceptions or qualifications set lorlh in this Contract and those which shall be discharged by Seller at or before Closing. Seller shall convey
marketable title subject only to tiens, encumbrances, exceptions or qualifications specified in Ihe Contract. Marketable titlll shall be determined according to applicable Title Standards
adopled by authority 01 The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, Irom date 01 receiving evidence of title
10 examine it. II title is lound defective, Buyer shall, within 3 days, nOlify Seller in writing specifying defect(s). II the defect(s) render title unmarketable, Seller wUl have 120 days Irom
receipt of notice within which to remove the defect(s), lailing which Buyer shall have the option of either accepting the title as il lhen is or demanding a retund 01 deposil(s) paid
which shall immediately be returned to Buyer; thereupon, Buyer and Sell<:r Shall release one another ofall.lurthllr obligations under Ihe Conlract. Seller shall, if tille is 101lod unmillketable,
USll diligent ellort 10 correct defecl(s) in ttle title within the time providod therelor, inCluding the bringing 01 necessary sui Is.
B. PURCHASE MONEY MORTGAGE; SECURtTY AGREEMENT TO SELLER: A purChase money mortgage and mortgage nole to Seller shall provide for a 30-day grace period in
me event of default il a lirst mortgage and a 15-day grace period if u second or lesser morlgage; shall provide for right of prepayment in whole or in part without penalty; shall
nol permit ncceleration or interest adjustment in event of resale of l1eal Property; shalt require ull prior liens and encumbrances 10 be kept in good standing and forbid modifications
01 or luture advances under prior morlgage(s); and the mortgage, noto ilnd security agreement shall be olhllrwise in form and content required by Seller; but Seller may only require
clauses customarily lound in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or stale or national banks locatlld in the counly
wherein Real Property. is located. Nt Pe(sonalty and leases being conveyed or assigned wilt, at Seller's option, be subject to the lien 01 a security agreement evidenced by recorded
linancing statements. !l. a blIllbbn mort~age~ the linal payment will exceed the periodic payments thereon.
C. SURVEY: Buyer. al ~y?c's _El)<perISe, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certilied by a registered Florida
surveyor. If survey showS encroachment on Real Property or that improvements located on Real Property encroach on setback lines, Ilasemenls, lands 01 others or violate any restrictions,
Contract coven31\\s. or applicable gql/erll1l1ental regulation, the same shall constitute a title delect. ..
D. TERMtlES: Stlyer, a'Buyer's-"x;neose;. wilhin time allowed 10 deliver evidence of tillo and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Op"rator~lo~t..rmine ,f'tlIQrll iol........:.v vi:>illlu.aclive termilO inlestalion or vbiule oxisting dilmago hom lormite inle:;lation in the improvements. If either or both are lound, Buyer will
have 4 duys..1JoDI date of w.ilten HIOilico th"reof within which to have all damaglls, whoth",r visible or not, inspecllld and estimale!) by a licunsed builder or genoral contruclor. Seller
:>llall P:lY viilid- ,"osls 01 trealm.ef)\- and rep::jir t:lf all damage. up to 21. 01 purchase price. Should such costs exceedlhat amount, Buyer shall have Ihe option 01 cancelling Contract
wilhin 5.day8.-aUer receipt..ol cor:tractor's.:rep.<;lir estimate by giving written notice to Seller or Buyer may Illecl to proceed with the transaction, in which event Buyer sIlalt receive
a credll. at (;jeSiilg 01 an amo.\,l/lt.j;qual to- thla total of the troalment and repair estimate nol in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
destroyin",or~~s required to 'be repo~lep uMer the Florida Pest Control Act. .
E. INGRESS AMOEqRESS: Seller IIVl'lr~nls and represents that there is ingress and egress to the Real Property suUicient lor the intended use as described in Paragraph VII hereof,
lltle to wl1ich-is in ilcco(daf\c~ Y<itlrSfamlard A, ." " . . , '.
F. LEASES: Scller. sl';oll, no1less' than.15 days belore closing, lurnish to Buyer copies of all wriUen leases and estoppelletlers trom each tenant specifying the nalure and duration
01 1I1U tenant's occupancy, fenlal rates, advanced rent and security deposils paid by tenant. If Seller is unable to obtain such letter frum each tenant, the same information shall be
lurni:;hed by Seller to Buyer wiHlin that time periOd in tho form of a Seller's alfidavit, and Buyer may thereafter contact tenanls to conlirm such information. Seiler shall, at closing,
dclivL'r and assign all originulleases to Buy"r.
G. LIENS: Seller shall furnish to Buyer at time of closing an alfidavit attesting to the absence, unless otl1erwise provided for herein, of any financing statements, claims of lien or
pokntial Iienors known to Seller and further aUesling that there have beon no improvements or repairs to the Property lor 90 days immediately preceding date of closll1g. If Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontraclors, suppliers an!);'rnaterialmen
in addilion 10 Seller's lien alfidavil setting lorth the names 01 all such general contractors, subcontractors, suppliers and malerialmen and further allirming that all charges lor improvements
or repairs which could serve as a basis for a mechanic's lien or a claim lor damages have been paid or will be paid at closing 01 this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the oUice of the atlorney or other closing agent designated by Seller.
t. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided lor herein
wllicl1 sl1all end on Salurday, Sunday or a legal holiday shall extend to 5:00 p.m. of Iho next business day.
J. DOCUMENTS FOR CLOSING: Sellor shalllurnish tho deod, llill 01 salu, rlluchanic':; liull ullidavit, assignmo[1ts olloasos, tenant and mortgagee estoppelletturs and corrective instrumulIls.
l3uyer shalllumi:;ll closing statemont, mortyage, mortgage 1I0tU, SlIcurity agroolnont and financing statements.
1<' EXPENSES: Documenlary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
nlortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PI10RATlONS; CREDITS: Taxes, assessments, rent, inlerest, insurance and other expenses and revenue 01 Property shall be prorated through day before closing. Buyer shall have
tll11 option of taking over any existing policies 01 insurance, if assumable, in wllich event premiums shall be prorated, Cash at closing shall be increasod or decreiJsed as may be
required by prorations. Prorations will be made through day prior to occupancy il occupancy occurs before closing. Advance rent and security deposils will be credited to Buyer and
c,scrow deposits held by rllortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made lor maximum allowable discount,
I,olllestead and other exemplions. If closing occurs al a dale when Ihe cUffenl year's millage is not lixed and current year's assessment is available, laxus will be prorated based
"IJOIl such assessment and the prior year's millage. If current year's aSSllSSlllenl is not avuilubl(l, lhen taxes will be prorated on 'he prior year's tax. II 'here are complc,ted improvemenls
Oil 1110 neal Property by January 1st of year of Closing which improvemenls were not in existence Oll January 1st of the prior year, then laxes shall be p/Oruted basod upon Ihe
prior year's millage and at an equitable assessment to be agreed upon bc,lweell Iho p...rties, lailing which, rl:lquest will be made to tho Counly Properly Appruir;or lor iln inlormal
aSSOSSIllUlIt laking into consideration availilble exomptions. Any tiJX proration b...:>od 011 an oslilTlale lih.dl, at request 01 eith"r Buyer or Seller, be subsequulIlfy .uudjuslod upon leceipl
01 lax uill on condition that a statelllent to lhat elfect is in Ihe closing statement.' .
1>'1. SPEGtAL ASSESSMENT LtENS: Certilied, conlirmed and ratilied special asses!:ment liens as of date 01 Closing (not as 01 Effective Dale) are to be puid by Seller. Pending lien:;
as of date of Closing shall be assumed by Buyer. II the improvement has been substantially completed as 01 Effective Date, such pending lien shall be considered certilied, conlirmed
or ralilied and Seller shall, at closing, be charged an amount equal to the last eslimate of assessmenllor the improvement by the public body.
I~. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as 01 10 days prior to closing; the ceiling, roof (including the fascia and sollits) and exterior and interior walls,
~;eawalls (or equivalent) and dockage do nol have any VISIBLE EVIDENCE of leuks, water damage or slructural damage and that the septic tank, pool, all appliances, mechanical
it811ls, heating, cooling, electrical, plumbing systems and machinery ar" in WORKING CONDITION. BlIyer may, at Buyer's expense, have inspoctions made of thos!; ilolTls by a firm
ur individual speciali"ing in home illspoctions and holding an occup:ltional IicuII~o lor ~lIcll purposo (i1 ruquirud) or uy an appropri:.tely licensed Florida conllnclur. BlIyer sh...II, IAiar
III Buy()r'~ occupancy or not loss 111....110 days prior to clo:..ing, which"ve, llcelll'; lirst, ruport in wrHinu 10 Sollor "ueh items that do not .lIuut Iho abovu slilfldards as 10 duleets.
Unless Buyer reporls such delects wilhin that time, Buyer shall be deumed to havo waived Seller's wamlllties as to delects not reported. If repairs or rcplaculllenls me requirelJ,
Seller shall cause such repairs to be made and shall pay up to 3% of the purchase price for SUCII repairs or replacements as may be. required in order tu place such Homs in WORKING
CONDITION. If the cost lor such repairs or replacement exceeds 3% 01 lhe purchase price, Buyer or Seller may elect 10 pay such excess, lailing which eHher party may wncel
li"lis Contract. If Seller is unable 10 correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, plOvidu ulilitie:; service
and access to the Property lor inspections, inCluding a walk-through prior to closing. Between Effective Date and the date of closing, except for repairs roquirlld by lhis StandanJ,
Sell()( shall maintain Property, including, but not limited to, the lawn and shrubbery, inlhe condition herein warranted, ordinary wear and tear excepted.
O. BISl< OF LOSS: II the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assossed valuation of Illu Property so
damaged, .cost 01 restoration sl1all be an obligation 0/ the Seller and closing sl1all proceed pursuant to Ihe terms of Contract wilh restoration cost!: escrowed at closing. If Il1e cosl
01 resloration exceeds 3% of Ihe assessed valuation of 'he improvements so damilgod, Buyer shall have the option 01 either taking Property as is, touetMr wilh eililur lite 3% or
:1I1Y insurancll proceeds payablll by. virtuo 01 such loss or damage, or of cancelling thi:.. Conlract amI recuivinll return of dElposit(s).
I). PBOCEEOS OF SALE; CLOSING PR9CEDUHE: lhe deed shall be recoldlld upon c;learuncll of funds. If abslract, ovidence of tille shall be continuod ...t OllYo(,; expellse: to sltuw
lille in Buyer, without any encumbrances or change which woutd rendllr Seller's lillu unmarketable from tile date of tile last evidence. Procueds 01 ttle s...le sl1all bo h,:ld in escI<Jw
by Seller's altomey or by SUCll other mutually acceptable escrow agent lor a period of not longer than 5 days from and after closing dale. II Seller's tille is renclerod lInmarkelahle:,
Ihrough no laull 01 Buyer, Buyer shall, within the 5-day period, notify Seller in wriling 01 Itl" dolect and Seller shall have 30 days from date of r"ceil)t of such notificalion 10 cure
the defect. II Seller lails to timely cure the defect, all deposit(s) and closing lunds shall, upon wriUen demand by Buyer and within 5 days aller delllund, be relllmed to Buyer ilnd
simultaneously with such repayment, Buyer shall return Personally and vacnte Property and reconvey it to Seller by special warranty doed. If Buyer. fails 10 make timely demand 101
refund, Buyer shall lake title as is, waiving all rights againsl Seller as to any inlervening delect except as may be nVQilable to Buyer by virtue 01 waf(antiu~ cOlltJinou in tile lJ0oll.
II ... porlion 01 the purchase price is to be derived Irom instilutional financing or relinanclng, requirements ot the lending institution as to place, time of day ilnll procedures lor closi"g,
and for disbursement 01 mortgage proceeds shall control over contrary prOVision in .this Contract. Seller shall have the right to require from the lending institution a written commitment
IlIat it will nol withhold disbursement of mortgage proceeds as a result of any tilie ll"'ilct attributable to Suyer-mortgaQor. The escrow and closing procellLII:o. required by thi,; Sta"ll,,,d
may be waived if tilie agent insures adverse matters purSuilf)tto Section 627.7841, F.S. (IOOU),llS amended.
O. ESCROW: Any escrow agent (UA'lenIU) receiving funds or equivalent is aulhoriwd and agroe9.lJy lIcceptance of them to deposit them prompliy, hold ,;am" in escrow anll, subied
10 clear...nce, disbursu them in accordanco with terms and c.ondilions 01 Conlra"t. Failure .of clearallce wi lunds sllall not eXCUliO Buyer's perfomlance. II in duubt as to AglJnl's duli,,:;
or liabilities under the provisions of Contract, Agent may, at Agent's option, continull to hold the subject mailer of the escrow until tho parlies mutually ngrc;e to its disuursel\l<c:"t
or until a judgment 01 a courl 01 competent jurisdiction shall determine the fiyllts 01 the pllrties or Agllllt may deposit same with the clork of the circuit court having jurisdichon
01 the dispute. Upon notifying all parties concerned of such action, all liability on lho part 01 Agent shall lully terminate, except to the extont 01 accounling fOf any ilems previou,;ly
delivered out 01 escrow. II a licensed real estate broker, Agent will compfy wilh provisions of Chapter 475, F.S. (1989), as amended. Any suit between Buyer and Seller wherein A[jc'nt
is made a party because 01 acting as Agent hereunder, or. in any suit wherein Agent interpleads the subject matter of the escrow, Agent sllall recover reasonable attorney's foos
and costs incurred with Ihe lees and costs to be paid from and out 01 the escrowed funds or eqllivalent and charged and awarded as court costs in favor 01 tho previliling pally.
Parlies agree that Agent shall not be liable to any party or person lor misdelivery to Buyer or Sell"r of ilerns subject to this escrow, unless such misdelivery is dl,!e to willlul blU:,ch
01 Il1is Contract or gross negligence of Agent.
I:' ATTORNEY'S FEES; COSTS: In any litigntion arising out of this Contracl, IIle prevailing party in such litiuatiun which, lor the purposes 01 IIlis Standard, ,;111111 include SulI"r, 1.'''jU,
l""illU broker, Buyer's broker and any subagents to the lisling broker or Buyer's uruk"r, "lliJlI be unlilled to rU(;Ov"r roason...ule allollley's loes and co:;ts.
::. FAILURE OF PERFORMANCE: II Buyer lails 10 perform this Contract willlin the lime specified, illelucling payrnent of all deposit(s), the lleposit(s) paid by Buyer and deposil{,;)
a(jftled 10 be paid, may be retained by or for the account 01 Seller as agreed upon liquidated llamagc::;, consideralion for tho execution of tllis Contract alld ill I.ull sellh.Jlllent 01 a"y
ci...ims; whereupon, Buyer and Seller shall be relieved of all obligations under COlltract; or Seller, at Seller's option, may proceed in equity 10 enforce Seller's rigllls under tllis Contract.
II, lor any reason other than lailure of Seller to make Seller's tilie marketable alter diligent ellort, Seller lails, neglects or refuses to perform this Contract, tile Buyer may seek speCific
perfonnance or elecl 10 receive the return of Buyer'S deposit(s) without thereby waivinij any aGti.ol.llor. damages resulting trom Seller's breach. '
.f. COIHRACT I\jOT RECORDABLE; PERSONS BOUND; NOTICE: Neitller this Contract, nor any notice 01 it, shall be recorded in any public records. This Contmct shall bind '''lei
inure 10 lhe benefit 01 the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include iJlI. Nolic" nivun IN or
10 tile alloflley for any party shall be as ellective as if given by or to thai party.
U. CONVEYANCE: Seller sh...1I convoy tille to the Reat Property by slatutory w...nilnty, truslee's, personal reprOsllntative's or guardian's deed, as appropriale to 1110 "talu, c" ,;dl"f,
sklbjecl only to matters contained in Paragraph VII and Ihose otherwise accepled by Buyer. Personally shall, at request 01 Buyer, be trans/erred by an ausolulO bill 01 sale willl W,II f,,,"1 Y
01 lille, :;ubject only to such mailers as may be otherwise provided lor herein.
V. OTHEH AGREEMENTS: No prior .or present agreements or representations shall be binding upon Buyer or Seller unless included in this. Contract. No modilicalioll WI e11,,"(JU i,l
tllis Contract shall be yalid or bindillg upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. Wf\rmMHIES: Seller warrants that there are no far known to Seller materially alfecling the value of the Realproperty which are not readily observ,lble by O~'Y"I "r "j,jell
have not been disclosed to Buyer.
Cor 'Idehl 1'.';'"
n 'r> ,,,,et The Flror;ct, ."';C(,~;. ,." I !"!F!\ITOn~
M/S~1099)
.. Ii OMS No. 2502.0265
A. U.S. OEPARTMENT OF HOUSING ANO UR,N DEVElOPMENT I B. TYPE OF LOAN
1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS.
4. OVA 5. 0 CONV. INS.
6. FILE 17. LOAN
NUMBER 9104()()?7 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
AODRESS:
E. NAME OF SELLER: ALBERT L. ROGERO, JR.
ADDRESS: SELLER TIN:
F. NAME OF LENDER:
AOORESS: CASH TRANSAcrION
G. PROPERTY LOCATION: LOT 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL LOT 5
a/k/a 1158 GOULD STREIT
CLEARWATER _ F'L 34616
H. SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918
AODRESS: 1290 COURT STREET
CLEARWATER. F'L 34616
PLACE OF SETTLEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTLEMENT DATE:
ADDRESS: 1290 COURT STREIT MAY 15, 1991
CLEARWATER.F'L 34616 l':lr:::+-l-. n7\V f"\t;' Vl<'7\D
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 prke 60.000.00 401. Contract sales price 60 000.00
102. Personal property 402 Personal property
103. Settlement charges to borrow (line 14001 6.00 403
104 404
105. 405
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. City /Iown taxes to 406. City/town taxes to
107. County taxes to 407 County ta'.es to
lOB. Assessments to 408 Assessments 10
109 to 409 to
I 110. to 410 to
111. 411
112 412
120. GROSS AMOUNT DUE FROM BORROWER: 60,006.00 420 GROSS AMOUNT DUE TO SELLER:: 60,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT OUE TO SELLER:
201. Deposit or earnest money -0- 501 Excess deposit (see instrucllons)
202. Principal amount of new loanls) 502. Settlement charges to seller (line 1400) 886.00
203. EXisting loan(s) taken subject to 503. Existing loan(s) taken subJect to
204. 504 Payol! of firs I morfgage loan
205. 505. Payol! of second mortgage loan
206. 506.
207 507
208. 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. City ftown taxes to 510. City /Iown taxes to
211. County taxes to 511 County taxes 1/1/91 to 5/15/91 147.47
212. Assessments to 512. Assessments to
213. to 513 to
214. 514
215. 515
216. 516
217 517
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER: 520. TOTAL REDUCTION IN AMOUNT OUE SElLER:: 1,033.47
-0-
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) . 60.006.00 601. Gross amount due to seller (line 420) 60 000.00
302 Less amounts paid by Ifor borrower (line 220) -0- 602 Less total reductions in amount due seller (line 520) 1 033.47
303. CASH IQ!FROMJ ~BORROWER: 60,006.00 603. CASH [~TOI [~SELLER: 58,966.53
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 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/or Schedule 0 (Form 1040).
You are required by law to provide T R S
If you do not ide
Under p
with your correct taxpayer identification number.
with your correct taxpayer identification number, you may be subject to civil or criminal penalties.
Seller
mber shown on this statement is my correct taxpayer identification number.
l ·
MiS LDI Page-2
L
I
700. TOTAL SALES/BROKER'S COMMISSION Based on price $ @
%=
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
PAGE 2 OF OMS No. 2502-0265
PAID FROM
SELLER'S
FUNDS
AT SETTLEMENT
L. SETTLEMENT CHARGES
Division of commission (line 700) as follows:
701$
702. $
to
to
703. Commission paid at settlement
NONE
704.
BOO. ITEMS PAYABLE IN CONNECTION WITH lOAN,
801. Loan Origination fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's inspection fee
806. Mortgage Insurance application fee
807. Assumption Fee
0/0
0,
"
to
to
to
808.
809.
810.
811.
900. ITEMS REQUIREO BY lENOER TO BE PAlO IN AOVANCE,
901. Interest from
902. Mortgage insurance premium for
903 Hazard insurance premium for
to
@$
/day
mo. to
yrs. to
904
905.
1000. RESERVES OEPOSITED WITH lENOER
yrs. to
1001. Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments (Main!.)
mo. @$ per mo
mo @$ per mo
mo. @$ per mo.
mo. @$ per mo.
mo @$ per mo.
mo @s per mo.
mo. @$ per.mo.
mo @s per mo.
..,
.:;... - .
1: :....:
. .....:-:. ...
..... ..". ..''o'.
':: ..-,
::::.: ,...:.....:.'.':-
. 'o.. r'.:
..J:'o
.
..
1006.
1007.
100B
1100. TITlE CHARGES:
:
1101. Settlement or closing fee
1102. Abstract or title search
1103 Title examination
1 t04. Title insurance binder
1105. Document preparation
1106. Notary fees
1107. Attorney's fees to
(includes above items No..
to
to
STC
100.00
to
to
to
to
to
110B. Title insurance
(110l)
to
STEWART TITLE COMPANY OF CLEARWATER
INC.
445.00
(includes above ,items No.:
1109. Lender's coverage
1110. Owner's coverage
1111.
1112.
1113
60,000.00
I:':.'
I:::
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
6.00
1201. Recording tees: Oeed S
1202. City/county tax/stamps:
1203. State tax/stamps: Deed $
Deed $
Mortgage $
Mortgage S
Mortgage $
Releases $
6.00
1204.
1205.
330.00
RECORD AFFIDAVIT
330.00
6.00
1300.ADDITIONAl SETTlEMENT CHARGES
1301. Survey
1302. Pest inspection
1303
1304.
1305.
1400. TOTAL SETTlEMENT CHARGES (e;!tered on lines 103, SectIOn J and 502, Section K) /l /) h _ nn 886 ,00
CERTIFICATION: I have carefUlly~reViewed the ~~ktlementlState"ent and too F:lhe ", oOAJ1:m nowlledge and belief, it is a true and accurattet::r!1tate ,t ~ al)1\lceiPlia,(d disbuAbments made on my accou4tbY me in this transaction. I furthercertify
that I have received a copy ClI HUD- tl t . -...Ai\. '..J'L _ 'IL~ y ""
l A ff vr~ #/. -<...-...-;)~
-Fnr. ..cITY rll~ / I ALBERT L. R()(;RRO JR J { /
Borrowers Sellers \./
to EVANS LAND SURVEYING
to NONE
CITY OF CLEARWATER-LIEN SEARCH
POC
5.00
{/ .- MAY 15. 1991
Settlement A.llent .,..,. _.' Date
SEllER'UIIU/OJP. URCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges hisltheir approval of tax prorations and signifies their understanding that prorations were based on taxes for the preceding year, or estimates
for the current ye4!, and in the event of any change for the current year, all necessary adjustments must be made between Seller and Purchaser; likewise any default in delinquent taxes will be reimbursed to Tille Company brothe Seller.
Tille Company, in its capacity as Escrow Agent, is and has been authorized 10 deposit all tunds it receives in this transaction in any financial institution, whether affiliated or not Such financial institution may provide Tit e Company computer
accounting and audit services directly or through a separate entity which, if affiliated with Tille Company, may chargeth. financial institution reasonable and proper compensation therefore and retain any profits therefrom. Any escrow fees paid by any
party involved in this transaction shall only befor checkwriling and input to the computers, but nollor aforesaid accountillfl and audit services. Tille com~y shall not be liabl y interest or other charges on the earnest money and shall be under no
duty to invest orreinvesllunds held by it at any time. Seller nd Pure asers hereby acknowledgeand consentto the depos,t ollhe escrow money in Ii i institutions it hich ille Company has or ay have other bankin relationships and further
consentto the retention by Tille Company and/or its afflli e of any a~all en fits (Including advantageous interesl rates on loans) Tille Compan ndlo its affiliates a re ei e from such financial i stitutions by reason of their maintenance of said
escrow accounts. ~
The parties have read the above sente es i . . snare er, I, to same, and recognize Tille Company i rei . I am' <> , ~
Purchasers/BorrowrOr: Sellers
WARNINe: It is a crime to knowingly make talse statements to the United S
ALTA OWNER'S POliCY - (4-6-90) WITH FLORIDA MODIFICATIONS
I
.
'-...
,(.1
POLICY OF TITLE INSURANCE ISSUED BY
91040027
STEWART TITLE
t
t
t
f
t
I
+
I
t
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM CWRAGE, THE E TIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND S!PULATIONS, ST ART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures.~I,il..;,I.......... of Date of Poli hown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Sch_le A, sustained 0 curred by the insured by reason of:
:'~H:, ." _ ,"
1. Title to the estate or interest described in ~Ie A being ves.ed 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 fr .
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
this policy to be signed and sealed by its
eJAawllI7~
Chairman of the Board
~"".~ -
~~'7
A~thorized Signatory
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 Ill\'lite~tQI uilding 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.ment thereof or a notice. of a defect, lien o~)~}h~~m~~~nE~I~r,s(y.Wng from a violation or alleged violation affecting the land has been
recorded In the pubhc 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, lie~
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.
14138
~ ~ ~ ......,... ....... - ~ ~
211 (Rev. 4.6.90)
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 Companr would have had against the named insured, those who
succeed to the interest 0 the named insured by operation of law as distinguished
from purchase including, but not .limited to, heirs, distributees, devisees, survivors,
persanal 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 imp,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
environmental protection liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmarketaoilit(of tne titll!":an allegetfor 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
an insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as 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 shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
. (a) Upon written requ~~t by the ins~red ~nd subject to the option.s contained
. In Sectlon6-ofthesrlondmon.and-Strp1Jlatlons;the eompcmy;-atII.UW1l 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 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 shall 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, as 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 shall have brought an 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 j~ent ~ order. r
(d) In all cases where this policy permits or requires the Company to/rose-
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 all
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 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, a 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 shall 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
_llO.yJitigatio.n, witb-regard to the matter or matters-reqttiring-5uch proefof-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 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 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 a 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 shall 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~ontheexercise~y th7 Company of this option, all liability and o.bligations
--to-th-elnsured uncfer thrs-paltcy;-othenhan to make--rtre-p"OymentTeq1.lIred;-shatl _.---
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 a contract of indemnity against actual mQlletary lo~s 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 the
extent herein describe ..-
.....-~ - ,
(continued and concluded on last page of this policy)
AnA OWNER'S POLICY
.:~.,...,
TIlls
I
I
~
.....
SCHEDULE A
14138
Order No.:
91040027
Date of Policy:
Policy No.:
0-2111-14138
Amount of Insurance: $
60,000.00
May 15, 1991
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 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL
LOT 5, according to the Plat thereof, as recorded in Plat Book
4, Pages 32 through 41 of the Public Records of PINELLAS County,
Florida.
REG. 0 0012
Page 2
STEWART TrI'lL.E
GUARANTY COMPANY
ALTA OWNER'S POLICY
.
Order No.
9 1 04 0 0 2 'I
.'-
.........'1
I
I
'~
SCHEDULE B
Policy No.:2111
O-~14138
This policy does not insure against loss or damage by reason of the following:
delete 1. Ri
delete2.
delete 3. Enc
a
delete 4.
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
6. Any titles or rights asserted by anyone 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.
7. Taxes for the year 19 92 and thereafter.
2113
Page 3
STEWART TITLE
GUARANTY COMPANY
-~_.~
4_.-\ (- ~.f'
. -
l:ONDITIONS AND STIPULATIONS continuecl
(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.
(2) (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
parcels but not all, the loss shall be computed and settled on a pro rata basis as
if the amount of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive of any
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 ~rom 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.
AlIlayments 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 sholl 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.
(aj 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/sl may be entered in any court
having jurisdiction 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
.'
..
,
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STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
"
-- ~ ~ -- -+-- ---- -+- -- -- -j......
Sanctity of COnlracl
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
,,\
POLICY
OF
TITLE
INSURANCE
I);
American Land Titl~o..so<;iatjon Commitment - 1966
- ~
"
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II ISSUED BY I:
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il
91040027
,
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STEWART TITLE
GUARANTY COMPANY
I
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STEWART TITLE GUARANTY COM~ANY, A Texas Sorporation, 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 effectci~~cc9~IY\f\ihefl.t~~rdentity of the proposed Insured and the
amount of the policy or policie~ cql1'1rnitt~c1}()r~~.~~~~rlinserted in Schedule A hereof by the
Company, either at the time oftbeissuam::e>ofcthj$COI1'lI1'l~tment or by subsequent endorsement.
This Commitment is preliminarYtqtry~~~~P~~Q~qf'$ijChp()llcV()r 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.
I N WITNESS WHE REOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorizecjofficers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
""-!"'''U'''B:'
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President
Company
City, State
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[L======--==-==,==~====,..
Serial No. C. 9 912.71 7 8 2 6
..-.._----.~--_._--
---------- ---..-
- ___~____.____n____._ _._ .________. .________.._______..._____ ""_'_
---.- .--- 'n_ .---.._____...________._ ___ ____....__ __ __. _n_ _________.__
005N Rev. 3/78
I
I
mls
SCHEDULE A
Commitment No.
=~~ective Date of Commitment: .----
-==r~~i.l- 16, 19.9-1 at 5: 00 P. M .
y C-~ 912-71'7-8 2 6
our 0.:
91010027
Prepared For: CITY OF CLEARWATER,
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) DX\L TA Owner's Policy
$
60.000.00
Proposed Insured: CITY OF CLEARWATER, FLORIDA
(b) 0 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:
ALBERT L. ROGERO, JR., a married man
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL
LOT 5, according to the Plat thereof, as recorded in Plat Book
4, Pages 32 through 41 of the Public Records of PINELLAS County,
Florida.
Page 2 of 4
STEWART TrIT..E
2552
GUARANTY COMPANY
1
SCHEDULE B
I
ORDER NO:
91040027
Commitment Number:
C-9912-717826
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
reco~. Val~d photo identification (ie: Driver's License, Passport) and
soclal security numbers required of all parties to the
transaction by the Insuror.
Affidavit from ALBERT L. ROGERO, JR. to be recorded in the
Public Records of Pinellas County, Florida, that he is not one
and the same person as the AL ROGERO and ALBERT L. ROGERO as
named in certified judgments recorded in O.R. Book 6296, Page
. . . . . . . Continuer] on next oaqe .
Schedule B of the policy or policies to be Issued will contain exceptions to the following malters unless tHe S'ame- are disposed
of to the satisfaction of the Company:
II.
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 right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(f) Any 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
are not yet due and payable. Parcel No.
Gross Tax for the year 1990, $418.54.
and subsequent years, which
15/29/15/65214/005/0100
2153 (Rev. 3/80)
Page 3
of 4
STE'\VAU.T TITLE
GUARANTY COMPANY
I
I
CONTINUATION SHEET
SCHEDULE _
B
Order Number:
Commitment Number:
91040027
C-9912-717826
SCHEDULE B - PART I CONTINUED
1041; O.R. Book 6449, Page 1904; O.R. Book 6338, Page 791; O.R.
Book 6675, Page 248; O.R. Book 7114, Page 842 and O.R. Book
7118, Page 1131, all of the Public Records of Pinellas County,
Florida.
Warranty Deed to be executed from ALBERT L. ROGERO, JR., a
married man, stating that property is not his homestead and
address of his principal residence, to CITY OF CLEARWATER,
FLORIDA.
Page_ 4 of 4
STEWART TITLE
0055
GUARANTY COMPANY
'."',-, -.-- -'.""
-....
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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""'ART TITLE
GU 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-
BE R which appears on the bottom of the front of the first page of this commitment.
COMMITMENT
FOR
TITLE INSURANCE
'-
Sanctity 0/ Contract
(-
Issued by
STEWART TITLE
GUARANTY COMPANY
"
'~
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91040027
I
I
RAMeo FORM 01
WARRANTY DEED
INDIVIO. TO INOIVIO
lhis Wart'anty Jl)eed M(I(/e Ilw
15th cia}' of
May,
A. D. 1<) 91 E)y
ALBERT L. R(x;ERO, JR., a married man
Iwr('illClfler cul/ed III(' WUlllor. 10
CITY OF CLEARWATER, FIDRIDA
11./105(' {losloffice adclress is P.O. Box 4748, Clearwater, Florida 34618-4748
II('reillufll'r culled Ille f/rCln//,(':
(Wheren"f" \l\t"d Ilt'lt~ill 11ll' (erlllS "Io(rallllll" and "r.:rOllllt'e" indud." all lh~ partir" 10 this imlrunu,"nl alld
tilt' lu"il". It'~al n'IHl.\t"lLLlli\l'S ,111(1 il.....ir.:n\ o( illdi\iduals, and lhe !'oU('('I'S'iOrs and as~i.l(ns (If (Oorporillions)
Witnesseth: TllUl III(' WUll/or. for UIIl/ ill considl'mlion of till' Slim of $ 10.00 and oilier
l'ullwl)lc cOl\silleralions, r(>(,l'ipl wlwrI.of is Ilerl.E)y ucknollll('(/f/ed, Ill're/lY fJrClnls, IJClruuins. sells, alicns, re-
miscs, releases, conveys Ulld cOllfirms unlo I/IC granlec, all I IIll I cerlaill land siluale in Pinellas
Counly, Florida, (liz:
Lot 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL LOT 5, according
to the plat thereof, as recorded in Plat Book 4, Pages 32 through 41, inclusive,
Public Records of Pinellas County, Florida.
Parcel No. 15/29/15/65214/005/0100
Grantors social security ). &;.J. -~,) - foycf:3
(ALBERT)
Property is not the principal residence of the Grantor, he in fact resides at:
/9/ S St=flrE~
;;) fZ I II c;.-
/
L..L i::.'79 (i L.V !tIl.=7Z
H-I+
/
3Y(P;;lY
logdher with all Ihe tenements, laereditaments and appurtenances Ihereto helonging or in any-
wise apperlaining.
To Ilallt and to 1l01d, the same in fee simple forever.
Hnd the grantor 11erehy covenants with said grantee Ihat the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor herehy fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumhrances, except taxes accruing subsequent
to Decemher 31, 19 90, and easements and restrictions of record.
In Uitntss1tithtreof, the said grantor has signed and sealed these presents the day and year
first ahove written.
lSi9n~Jj~eal~dand,~ deli~e::~i in our pr~sence:.
/lj~). ..'..:.,.7fA::J.t}JL?:?tat/U.........
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~~~~..~....h~~~?~...~...................................
STATE OF
COUNTY OF
FLORIDA
PINELLAS
~
SPACE BelOW fOR RECORDERS USE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgmt'nts, personally appt'ared
ALBERT L. R(X;ERO, JR., a married man
to lilt' known to be the pt'rson
foregoing instrument and he
executed the same.
dt'suibed in and who executed the
acknowledged before me that he
WITNESS my hand and oHicial seal in the County and
State last aforesaid this 15th day of
May , A. D.'19 91
t;;?-----~y~fl~.
.............NOTARY' 'Pt1BLIC.'StA'rK'oP""F't ORloA.......
Thil" !tIJlrll/llt'll/ I'rrpllrnl by.' MY COMMISSION EXPIRES:
. \ddllJ.I NOTARY PUlJl/C. STArE: or FlOr.lDA
MY COMMISSION EXPJ[~ES' Mil R 2' 1993
.ONDED THRU NQTARY F'YGL;C U~~E~WHITE~9.
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RONALDIRONIE.SOMERS
President
1290 Court Street
Clearwater, Florida 34616
S~rE'\T AIIT ~rrrl~E
OF CLE^RW^TER
P.o. Box 2756
Clearwaler, Florida 34617
(813) 441.2689
AtJIHORIZATION AND ACKNOWLEIX;EMENT FORM
Reference:
FILE NO.
91040027
LEGAL LOT 10, REVISED MAP OF R.H. PADGETr"S SUBDIVISION OF
ORIGINAL Lor 5
SELLER ALBERT L. ROGERO, JR.
BUYER
CITY OF CLEARWATER
We hereby approve and acknowledgeieceipt of a copy of the Statement and actual
cost (DISCLOSURE/SETrLEMENT Sl'ATEMENT - HUD FORM 1) and authorized disbursement
of funds as shown therein this 15 day of MAY , 19 9~ 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 pa.rties 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.
A~~(Zw
ki~~t~~.
for: CI OF CL W TER
SELLER'S FORWARDING ADDRESS:
f o. 63 () l..( J-cr Y b
Clew '3 '{fct7
BUYER'S FDRWARDING ADDRESS:
Ha1E PHONE#
Ha1E PHONE#
IDRK PHONE# WORK PHONE#
nus IS TO FUR'lHER Al1rn:JRIZE /f'a--
OIANGES NECESSARY TO '!HE CLOSING Sl'ATEMEN't.
TO APPROVE. ANY
STEWART TITLE <::n1PANY OF CLEARWATER, INC.
BY: ()u~p-~Ak
'.;-,
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NON-FORE-LGN Ct.H'l'lFICNI'lON BY INDIVIDUAL 'llli\NS[o'EROR
1.
Section 1445 of the Internal Hevenue Code provides that a trclnsferee (I[ a United
States real property interest must withhold tax if the tran5f~ror is (j foreign person.
2.
In order to in[or.m the Lrullsfet'ee thut withholding of tux is IlOt required upon the
dis[X)siUon by ALBERT L. ROGERO, JR.
of the United States real property described uS follows:
LOT 10, REVISED MAP OF R.H. PADGETT'S SUBDIVISION OF ORIGINAL LOT 5
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) am (are) not non-resident alien(s) [or plr[X:>ses of United States income
taxation anel,
(b) My United States taypaper identifying number(s) (Social Security NWl1ber) is/are:
Nl\ME SOCIl\L SF.cURI1'Y NUMDER
ALBERT L. ROGERO, JR.
fI J-(p;)-G;>"-0Y:P3
n
fI
n
(c) My lIom0 mldress is
(attached adeli liona1 page if necessary)
(d) There are no other persons who have an ownership interest in the (]oove-descd.bed
property other t!mn those persons set forth ubove in subpurugraph (b).
3. 'Jl1e undersigned hereby further certifies ulld declares:
(a) I (We) understand thut the plrchaser of the above described property intends
to rely on the foregoing representations in connection with the United States
[;'ore19n Investment in Heal Property 'lux Act. (94 Statute 2&02 as amended).
(b) 1 (we) under.st(lIld L1d.s certification may l~ disclosed to Lhe Internal Hevenue
Service by tJ~uns[eree and that any false statement contained in this certification
lIlay be l1\ul.i.slled by fille, J.lllpr.i.HollmGllt ot' lx:>Lh.
Under penallies of perjury I (we) declare I (we) have examined carefully this certi-
fica Lion und it is true, correct and comp1e te .
MAY 15, 1991
at
PINELLAS County, ~LORIDA
t;~C{ (j..~ ~'
ALBERT L. ROGERO, JO....
Wit ss,
('!his document must be retained until the end of the fifth taxable year following the'"
taxable year in which the transfer takes place).
CONSUJJl' YOUH A'lTORN[!:Y AND/OR 1'l\X ADVISOR - NO REPHESt.NTl\'l'ION OR RECOMNENDATION IS Ml\DE DY
STEWArtI' 'l'l'l'LE INSIJHANC[~ COI'.1Pl\NY l\ND/OR CONCERNING TIlE
LEGAIJ SUrrJCIE:NCY l\ND/OH 'J'AX CONSQUI!:NCES Oli' 'HilS DOCUfl.mN'l'. YOU Ml\Y DE REQUlIU!:D 1'0 FILE
A COpy OF' 'HITS IJ("X:IJMF:N'l' WJ '111 'l'1I1~ IN'l'EHNl\TJ H1NE:NUI~ SJ~HVICE. '(1 lI!:SE ARE QUES'l'lONS FOn YOUr~
J\'rl,()I~NI~'Y em TAX ADVIson.
S'l'l\TE OF
COUN'l'Y OF'
FLORIDA
PINEILAS
I lIEREBY CEH'l'HY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally nppeured
ALBERTL. ROGERO. JR.
to me known to be the pei;sons described in and who executed the foregoing instrument
unc1 they acknow1edgec1 before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 15 day
of MAY" 19 91. ~~~-<---
i I NOl'fiRY PUBLIC NOTARY PUBLIC, STATE OF FLORIDA.
JIlY COMMISSION EXPIRES; MAR. 2. 1993.
MY C(lI1JI1ISSION EXPIRE~NDED THRU NOTAI<Y PUI3L.'C UNDERWRITER.
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RONALD (RON) E. SOMERS
President
S'I'E,"V AIl.'r 'I'rrL]~
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441.26B9
1290 Court Street
Clearwater, Florida 34616
D I S C LOS U R E
We, the Owners of that certain real property located at
Iill 10, REVISED MAP OF R.H. PADGEIT"S SUBDIVISION OF ORIGINAL Iill 5
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.
.'7
fl~i{l~-:;J.
~
-wi' nes s
STATE OF
COUNTY OF
FLORIDA
PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
15
DAY OF
MAY
, 19
91.
(
My
Commission EXPkb~~
,",1\\ E. 0 2. \ 993.
011\f:'{ PU\3\..\~ EllPIRES: t111\~~..~WR'TI&R.
~I't COtlltllISSI~OT"RY pus!.'" u
.0NOII:O THRU
~~~
Notary Public
. ..
Tt BE FILLED IN PERSONALL ~
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
ALBERT L. ROGERO, JR.
Seller or Owner-Borrower
LOr 10, REVISED MAP OF R.H. PADGEIT"S SUBDIVISION OF ORIGINAL LOr 5
Contractor (if new construction)
CITY OF CLEARWATER
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:
l. 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 SECU. R. ED? RTY~
r " . J f.:. - J //_ _
fVv' (;x
.
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR ~
^/OrJe r21~
.
Approximate Amount
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 LABO ,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,
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 ~ALS
~o~
.
ADDRESS
6. I, the undersigned owner, further certify tht'.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 HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
SWORN TO AND SUBSCRIBED BEFORE'ME THIS
~~~-
Notary Public in and for
15
day of
MAY
, 19---ll.
PINELLAS
County,
~~TARY PUBLIC. STATE OF'
My Commissio80mtmj~/ON J:"YP/R!:s rr~LORIDA.
HRU NOTARY PUB..."' it. .:::. J 993.
Ie UNDr:RWRI1.E~9.
FLORIDA
Rev. 1/88
NOTE: Thia form ia 10 be li,nod by Rile. in caR of ..Ie. If no 181e. il ia 10 be liped by lhe owner-bonowe., If lhe... ia any new ""llIlruetion. lhe conlracto. musl .110 join in Ihia form
or sian . sepa......e one.
0, ,
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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 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: . 91040027
Taxpayer 10 Number:Seller 1'\c:;2(:,~-(P;:27~Yf3 Seller 2
Taxpayer ID Type:
2
,(1 '= business, 2 = individual)
SELLER 1 NAME:
Last:
ROGERO, JR.
First & Middle:
ALBERT L.
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
~~~~:~: 1: f D, tSox if1Lf h
City:
C LtEJ1 /2 u) tt1b7(
State: h..A-
Zip Code: '3 YC:,;?
SELLER 2:
street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing, Date (MMDDYY):
MAY 15, 1991
Contract Sales Price: Seller 1 -
60,000.00
Seller 2 -
(If multiple sellers please allocate the sales prlce among the sellers)
Description of Property:
Street Address: 1158 GOULD S'IREET, CLEARWATER, FL 34616
Legal Description: Lor 10, REVISED MAP OF R.H. PADGEIT"S SUBDIVISION OF ORIGINAL Lor 5
Under penal ties of perjury, I, ALBERT L. ROGERO, JR.
(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-Sthat will _ be sent to me and to the Inter~~l:ev7n?1 serVf)ic .
Date: 6 --/5-q / Seller - 1 Signature: ~ 1.Lto 9.-L-<-~ ,
ALBERT L. RWE!{O, J .
Date:
Seller - 2 Signature:
CLOSING AGENT-.I>NFORMATION (to be completed by closing agent)
Name:
STEWART TITLE COMPANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT S'IREET
City:
CLEARWATER
State:
FL
Zip Code: 34616
Taxpayer ID Number:
59-1433918
CERTIFIED TO & elf"'. of ~flt""ATeR..
PREPARED FOR: 5TeWAf4 TITLE: of CLEAJ::..WA...,-r=:.JZ...., INC.
.SWWART 1iJ1;E- G\JA~A,.JTY W.
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A SURVEY OF lb1 10, R.e:VISe.D HAp <1f jC::.H. pAD&E:r-r'.s SuBDIV('SlotJ
Of LoT? Of THE. SE.'/4- of mE 1JW Y4- Of S€.G. 15, T\IV'P. 2.95., ~6E. ,SE.
AS RECORDED IN PLAT BOOK ~ , PAGE ~ , OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA
f 1..000 "ZOt.Je,. ~ / C./1'Y of LL.~ A/2. WAle R. f/f2..M I z..17 0 '9Cc
f'A..H~L 00 It; B t f!JE.v (...-1 -83
I HEREBY CERTIFY THA THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE.
DATE: +- 10-91
EVANS LAND SURVEYING
\.
OWN. BY: .1L
INV. NO.QI .. 1"7
2.300MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 734 - 3821
80UNDAR.'( ~t<.."~1 ONLY
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