EDWARD AND VIVIAN HENRY
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90080085
PINELLAS
INST .
*** OFFICI~L RECORDS ***
BOOK 741'2 PAGE 494
n-m....~t'URM 01 -- I
COUNTY FLA.
90'-2896~~_1 '
.
WARRANTY OEEfJ
INOIVID, ,~o H.o'vln
I
'lhis lll!larranty .IDced ,l\lllcle tll(!
26th clay of
October
i\, f), If) 90 I)y
EDWARD HENRY and VIVIAN HENRY, his wife
Iwrl'illafl('r culled tlw (,omntor, 10
CITY OF CLEARWATER, a municipal corporation
R (). 8o~ 414r I ~'lI?I2 I
W/IOS(' post ollie!? addres,; is
IlI'n'inaftl'r ('(([(I'd III,' urwi/<,I': ·
(Where,\'t'f lbt.'d ht'll.ill IIII'. Irrllb "~r;tl\tll"" and :'~{ralltc~e" include ...il the piJrtic.os to ,his instrument and
the heln., le.~id n"IHe~t"llf.tll\'l'''' .UH.f a~sil.{ns of im.li"'Jdua!s, and Ihe SlIt:c\:';5ors and a';!ij~ns of corporalil)ns)
Witnesseth: TllClt ;/1(' (/run/or, for onel in eOllsidl'n,iioll of tlw SIIiIi of $ 10.00 and oilier
I'(I/lla/)/e eOllsid('ralions. r(>C(.ipl /I.Iwreo{ is IwrellY ackrww;",{!/I'd, Fwnd,y ~Irllrlts, bnrOalnS, sells. a/iells, r('-
mis('.~, rl'[lWSl'S, corwey,~ and confirms 1IIl!0 tiw untn/('(" nIl 1/10/ cer1lHn lanel situale in Pinellas
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Counly, Florida, pi'!:
The westerly 15,0' of Lots 2 and 3, Block 1, of MOASE AND HARRISON'S
SUBDIVISION of Lot 7 of R,H. PADGETT'S SUBDIVISION, as recorded in
Plat Book 02, Page 85 of the Public Records of Hillsborough County, Florida
of which Pinellas County was formerly a part. Being more particularly
described as follows:
00'
..J
From the Northwest corner of Lot 2, Block 1, of the aforesaid subdivision,
thence S 89 deg. 09' E along the Northerly line of Lot 2 a distance of
15,0'; thence S 00 deg, 03' 19" W a distance of 95.22' to the South
boundary of Lot 3; thence N 89 deg. 09' W along said boundary a distance
of 15,0' to the Southwest corner of Lot 3; thence N 00 deg. 03' 19" E along the
West boundary of Lots 3 and 2 a distance of 95,20' to the Point of
Beginning,
Parcel no, 15/29/15/58338/001/0020
:'
J ogtlher willi all Ihe lenemcnts, llel"edilaments and appurtenances tllCreto belonging or in any-
wise appertaining.
J 0 Ifaue and to IlDld, thc same in (,Jl' simple' forelocr.
Rnd I/le grantof herehy cOI'enants with .said grantee t/lal tire grantor is [awfully seized of said land
in fee simple; that the grantor lias good rig/tt amI lawful authority to sell and convey said land; that tIle
grantor Ilereby fully warrants the title to said land anll wit! defend tile same against the lawful claims of
all persons whomsoever; and tllat said land is free of all encumbrances. except taxes accruing subsequent
to I~ October 26, 1990 and easements and restrictions of record,
5"5">0
Docllmentary Tax Pd. $
$
KarJeen F. De
By
In 'Witness ltIhereDt, the said grantor 11<15 signed and sealed these presenls the day and year
first above written.
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"'mw . .HENRY ..... ... ... .w...J.
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SPACE BElOW FO~ RECORDERS USE
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STATE OF .
COUNTY OF
FLORIDA
PINELLAS
I HEREBY CERTIFY that on this day, he fore me, all office. duly
authorized in the State aforesaid and in the County aforesaid 10 take
acknowledgments, personally appeared
Edward Henry and Vivian Henry, his wife
~.~~..
;~n'~~n~n~:~'u::en~e a~.~e ih~~ a~~s:~~~~e~n b::rewp~: t~~:lcutt'~h~;t0!\j'~/;: (
,""ok'd 'h, '-;:';~'NESS m, h.od .od off;",1 ~.I io <h, ,,000', .,d;,;:IS1.....;~~:.,~~.(z.?,;
Slate last aforesaid this 26th # t".' d~;{~ ,..'1' . :;-d.:~'.~~f..\Trb. ,)~ ,~: > ~
October ' A. IL'l~ JKO '''>oJ.' ....,';) v "IIrTKELL' L~ ST. GERMAIN
I '/' ~' "'~i' ~"~;~~~: ':J i ~ /'.\ I \ fil~~ l_..~;:~;:;~;:..~,,_. . -. --
I v . / '~'/);7 /'} ,':.-.<~ : '" t ,1 :.; ::,;;. :...
;;:J N 1\RY PUBt eSTATE 'OF'" 'l.'~i~~'~".P I) 0 \..\CJ:,_:-"";'>~;_.;'_.
f tJ, ',' ~.', TJ:r:llmlnlll!i'l1/ I rt'/)areJ /Iv: MY COMMISSIO,l\T EXP'I'RFS' 4';>." w, ;;("..::::::',<":'~;:.'.'":-..,,,-.'::,l"'.",;,;"r';:I
' ",Il't'"- [ ,,/ ~"f. ,.... _ ." .~~~'iL,.J:_~'H.h"I-~;;.... '..d.) ,,,~L,,.,,___. ...-, ,.1.
r;;d- Ad,ltn:r KARLEEN F. ItEBLAKER, CLERK 9d01~'to~!dti;IZ ;)i S Ii:k. l.;;smD;c~ r:,';" y.
';:'.'::.::, (t/'v'," OCT 26, 1990 4:11PM ", .'. /o~.Oi1-o'7-1JJ/
CONTRACT FOR SALE AND PURCHASE
PAr:TlES:Jdward J. Henry ..and vi vl.an Henrv ' ("Seller"),
~~ 1106 Brownell ,Street. Clearjater. Florida 34.616 , (Pho~ 442-4397 I,
and City of Clearwater, Florida ,("Buyer"),
of P.O. Box 4748, Clearwater, Florida 34618 (Phone 462-663'S ),
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Propertv") upon the tollowing
terms and conditions which INCLUDE the Standards tor Real Estate Transactions printed on the reverse or attached ("Standard\s)") and any addendum to this.instrument.
I. DESCRIPTION: (a) Legal description ot Real Property located in Pine llas County, Florida:
The West 15 feet of Lots 2 and 3, Block 1, of the t-base and Harrison's Subdivision as recorded in Plat Book 2. Page 85
of the Public Records of Hillsborough County, Florida of \obich Pinellas County was fomed y a part.
(b) Street address, city, zip, of the Property is:
(c) Personalty: N/ A
N/A
II. .
PURCHASE PRICE:,..
PA'(MENT:
.....................................................'...............
. .".,...,........,... .,...... ...... .... .... ..'.. ..:..:.:., ..;.$
10,000.00
(a)
(b)
Deposit(s) to be held in escrow by
Subject to AND assumption of mortgage in good standing in favor of
in the amount of
$
N/A
N/A
N/A
1O,~.00
having an approximate present principal balance ot S
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set torth herein, in amount of ...,.,.." $
(d) Other: $
(e) Balance to close (U,S, cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations,.. .........,., $
III, TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
on or before September 14, 1990 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn,
The date oi this Contract ("Etfective Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING: (a) If the purchase price or any pa~~A it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer
obtaining a written commitment tOr the loan within /. days from Etfective Date. at an initial interest rate not to exceed %; term of years;
and in the principal amount of $ . Buyer will make application within days trom Effective Date, and use reasonable diligence to obtain the loan com-
mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and,
promptly notities Seller ,in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive, Buyer's rights under this subparagraph within the time
stated for obtaining the commitment. then either party may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of % per annum.
At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed ',0 per annum. Seller shall, within
days trom Effective Date, furnish a statement trom all mortgagees stating principal balances, method of payment. interest rate and status of mortgages. If Buyer has agreed to assume
a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them
to the mortgagee. Arry mortgagee charge(s) not to exceed S shall be paid by (if not filled in. equally divided), If the Buyer is not accepted
by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or
Buyer may rescind this Contract by, r;lI'ompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges,
V, TITLE EVIDENCE: At least ~ days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1)
or (2)): (1) 0 abstract of title OR (2) m title insurance commitment. The Buyer will order and pay for the title insurance policy.
VI, CI.OSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or hPfon' US '. 311es199ljnded by other provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning. restrictions, prohibitions and other recfuirements Imposed by governmental authority: restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or tront lines and 7'12 teet in width as to the side lines, unless otherwise specified herein); taxes tor year of closing and subsequent
years; assumed mortgages and purchase money mortgages, it any; other:
provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for rlght-ot-way purpose(s).
VIII, OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the tact and terms
tnereof shall be stated herein, and the tenant(sl or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing uniess otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
tnat date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing,
IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent .may ~e ,;lttached,
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S" (1985), as amendea,
shall apply and the CCCL Rider or equivalent may be attached to this Contract,
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"1 RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or eQlIivale.ot Q1qy be attached to this Contra~t. ,
, . '1h~ ::.elle1; agrees 1;0 not Wlthdraw 1;hlS offer to sel
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) 1ZI may not assign Contract. prlOl;" t9 lt appearlng before the Clty of Clearwater
XIV. SPECIAL. CL.AUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached OR (211X1 is not applicable, Ccxmu.sslon for approval.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the panies in a panicular transaction
and conditions should be negotiated baSed upon the respective interests, obiectives and bargaining positions of a/l interested persons.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FL.ORIDA ASSOCIATION OF REALTORS, INC.
~ . 0,. -U~~cf\ Ita A~
,c;""c: _ / / c,~:..... d=>.3/M Date ~~ J ,~"",. - 0-
eau- _ l,;~ I I ,~ocial Security or Tax I.D. #
~+J )
V1vlan Henry (Seller~
Social Security or Tax I.D # ;).. b (:, - '7 ~ - (/ g 71
Terms
~
196 Date
Date
g / / JqO
I I
Date
Date
, IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE,
BROKER'S FEE: ,CHECK & COMPLETE THE ONE APPLICABLE) By:
o IF A LISTING AG,REEMENT IS CURRENTL.Y IN EFFECT:
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms 01 an existing, separate listing agreement:
OR
o
(Escrow Agent)
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named below, at time of closing, from the disbursements of the proceedS of the sale, compensation in Ihe amount of (COMPLETE ONLY ONE)
_ % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to t11e foregOing
Contract. U Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's tee above provided, shall be paid Broker, as full consideration tor Broker's
services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to pertorm, Seller shall
:Jay the full fee to Broker on demand, In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney fees and costs
(firm name of Brokerl
lname 01 cooperafll19 suo-agent)
lSellerr
5y
l8.uthonzeo s'~~n,11(~' \')
'S"lIp"
RIf11"P, '-At! f':' nr.TA"~Fn ,nnr" THf >, nRlnl. ^sc;rWI^TI;ll0 nr nF/,1 T0p~ n>' THF >LOR'Dt, R~.P
STANDARDS FOR REAL ESTATE TRANSACTIONS
J.. EVIDENCE OF TITLE: i 1'\ An ,1b~Jr:tct -,If 'Itlp nr~PJr'l(I_::)r ,:~r')ll'~Jnt '__'lln'~lr1t :>i ':1 rI~pLJt<J.b!e ~1n(: ",'X!Stlrlil ,10Srr?l:,t tlnn lif Ilot !,(I~tln'J th~~n (:enlt!~c,]s ':,:')(~'''':..t r'. ~;,n i~:t.lstlng !'r~,
"rf~:'){ tr; :l~; ,ill ..;..:dd.ltlC,' :,\/nop::,I." ,)1 \rlf~ liL-,tnlflL-"'nts .lffe::'C;ln'J flt!;-,' t;) Re:,ll Pr,~)i)I"rry u-:ocordPIj 1'1 ~~l,.: ~.'tJ!)II\. r.-:c"_;u.!s I)f il-,,: ,'Jner8lrl ~l~~,ll P~OP€'rtv ;S :,:;cClted, througn E;ff:c~,",,€,
__ite <t/flldl '~n.:II: "Ol1l11:f-:rll>-' 'Nith thp ',~,lrllf_"'.':;r lJd)IF~ (PC0~.tJ~), ,j( '3U(;~~ Idt,_\r <"Ute d'3 1ll~1Y hr. L:\.k~tGm;.1rv :i1 th,; .,~ollnt'y', Upon of thIS tr~lnsdctjO/1 ttle ab.strnct .~~r~:11l tec.:-~'..:
lilt:- :"JI ;'~..h:rt\/ Lit BUVt-..-r 'iublect, to tiit;;" (1<.Jllt of r'eterHlnn tllt-:.'reof t)y first fPonq:Jgee untIl fully fJ:lld. {:2) A tltif~ IflSLJI ~lrlCe (:()mrll1trnf:~tlt Issued by d. F!O~ld(] lice!ls~d title insurer ':'1Qr::=Eir"'_:
10 Issue to Buyer upon recording 01 the deed to Buyer an owner's policy of litle insurance In the ~mounl of tile purchase prrce, Insuring Buyer's title to Real Property, sUbject enl';
'0 'lpns, encumbr:mces, exceptions or qualification set lorthin Ihls Contract and Ihose which shall be discilarged by Seller at or before closing, Seller shall ccnvey a markelat'e
Iltl.. subject only to liens, encumbrances. exceptions or Qualifications set lo~th in Contract, Mf1rketab~ title shall be determined according to applicable Title Standards adopted ty
,.,,,thonry 01 The Florida Bar and In dccordance With law, Buyer shall have JO days, If abstract, or :> days. If title commltm'~nt, from date of receiving eVidence of title to examine
il ~I tille IS round defective, Buyer shall. within 3 days, notify S"ller in writing sp"cifying delect(sl. If the defectlsl, render title unmarketable. Seller will have 120 days from rec,,.pt
ot notice Within whiCh to remove the defect(sl. falllN which Buyer sl1all have the option of either accept"1') the title as It IIlen IS or demanding a refund of deposit(s) paid wni(:h
shall immediately be returned to Buyer:, thereupon Buyer and Seller shall release one anotl1er 01 all lurtller obligations under the Contract. Seller will. if title is lound unmarketable,
L1:;'" <.Iiligent effort to correct defect(sl in title Within the time proVided tllerelor, Including the bnnglng 01 necessary SUitS.
B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note 10 S"lIer shall prOVide lor a 30 day grace perioe: :~
tM event of default if a first mortgage and a 15 day grace penorJ if Q second or lesser mortgage; s~all provine lor right or prepayment rn whole or In part without penalty; s~a!l
"ot permit acceleration or interest adjustment in ~vent of resale 01 Real Property; shall requrre all pnor lien and encumbrances to, be kept 111 good standing and lorbid modifications
or 0r futlrrC!-1Gv3r"~'~S 'nGer pri0r mortgage(s): and the mortgage. note and secunly agreement shall be otherwlsa In f,)rm Jnd coment requi,,~,j by Seller; bul Seller may only recurr~
cl,}u.s:~s c,rstomaril','-fo'Jnd in mortgages, mortgage notes. and security agreements generally utili led by saving .:Ind loan institution" or state or national banks located in the county
':,I''lr~ln Real Property is Ic'~a[:;'j, All Personalty and leases being r.onveyed or aSSigned will, at Sellers option, be ,sul)Ject 10 tile lien of a securrty agreement evidenced by recoreee:
I'nancing .~tat<.<rnen1,r, H,q ballo~n r<10rtgage. the final payment Will exceed the periodir. payments thereon,
C, SURVEY: Buyer,. o:t Suyer's exp')nse, within time allowed to deliver evidence or title and to examine same, may have Rea: Property surveyecJ and certified by a registered Florida
;L1r"~yor. If ,;urvey..,;,j0;~ encroachr(.mt on Real Property ')r that improvements located on Real Property encroach on setback lines, easements, lands of others. or violate any restricticns,
Ccn7ract covE:n2,nt::;,2r:"?plicaOle",'Ov.irnmental regulation, tile same snali constitute J. title defect.
O. TERMITES: Suyer: 'a1 Buye/s'exp:'nse, within time ,1!0we.J 10 deliver eVidence 01 title and to examine same, may I,ave R.9al Property insp8cted by a Flonda Certified Pest Comro!
');;erator to deter",.,.;:-.e il there. IS any Visible active t2rll1ite Inlestatlon or vrsiole existing.damage lrom termite infestation 1/1 the Impro'cements. If erther or botll are fauna, Buyer '.'IIH
i\:1'I~ 4 doys "roin (13",-of wriftel~'10hce thereof. wlttlin which to have all dam<lges; wbether visible or not, inspected and estimated by a licensed builder or general contractor. S<:::er
:;i1C1ifpay valicj c~,.""tll treat.nent 3iJd repair of all dall18ge up to 2% sW pu-rch<;!se-,P,r!ce: Should such costs excaed that amount. Buyer shall have the option of canceiling Contract
tJltJo1l(~ 5 days after receipt <3fcontr~~ctor's repair estimate by giving wrjUen'.notice-to Seller or Buyer may elect to proceed with the transaction. in which event Buyer shall receive
"'~rSlditat closing of an a;n~nf ",qual to the total 01 the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wond
:lesrrGying' 9rgill~ism1i requi('lct~0, ,t,~ reported under the Florida Pest Control Act
E. 'f~ClR3'SS ANf'lF.GRESS:.:. S~llerwarrants and represents that there IS ingress and egress to the Real Property sulficient lor the intended use as described in Paragrapll VII herecf,
title t:Jv..l')lch is in ~cGer<;l~~) with Standard A.
F. LEASES; Seilec snail, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant speCifying the nature and duration
,~f ,"e tenant's occupancy, rental rates. advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shailoe
furnished by Seller to Buyer wilhin tl1at time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing,
deliver and assign all original leases to Buyer,
G, LIENS: Seller shall lurnish to Buyer at time of closing an affidavit attesting to the absence. unless otherwise provided for herein, of any linancing statements. claims of lien :x
potential lienors known to Seller and furtller attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Propar'y
11as I)een improved, or repaired within that time. Seller $11all deliver releases or waivers of mechanics' liens executed by all general contractors. subcontractors, ,5uppliers. and materralm~n
in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors. suppliers and malerralmen and further affirming that all charges for improvement,
or repairs which could serve as a basis lor a mechaniC'S lien or a claim to( damages have been paid or will be paid at clOSing,
H, PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the orfice of the attorney or other closing agent designated by Seller,
I. TIME: Time is of the essence of this Contract. Time periods herein at less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays,
and any time periOd provided for herein which shall end on Saturday. Sunday or legal holiday shall extend to 5:00 p.m. of the next business day,
J, DOCUMENTS FOR CLOSING: Seller shall furnish deed. bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments,
Suyer shall furnisl1 closing statement, mortgage, mortgage note, security agreement, and financing statements.
K, EXPENSES: Documentary stamps on the deed and recordiogco{rective instruments shall be paid by Seller. Documentary stamps. intangible tax and recording purchase mon~'1
mortgage to Seller. deed and financing statements shalt be paid'by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments. rent. interest, insurance and other expenses and revenue of Property shall be prorated through day before clOSing. Buyer shall have
the option of taking over any existing policies of insurance. il assumable. in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy il occupancy occurs before closing. Advance rent and security deposits 'ViII be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,
'l()mestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based
Jon such assessment and the prior year's millage, If current year's assessment is not available. then taxes will be prorated on the prior year's tax. If there are completed improvements
Heal Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the pr:or
"",s millage and at an equitable assessment to be agreed upon between the parties. failing which, request will be made to the County Pro.perty Appraiser for an informal assessment
,<Ing into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill
:11 condition that a statement to that effect is in the closing statement.
M, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as 01 date of closing (and not as of Effective Date) are to. be paid by Seller. Pending
liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially co.mpleted as of Effective Date, such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body.
N, INSPECTION. REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wails
:10 not have any VISIBLE EVIDENCE of leaks or water damage ano that the septic tank, pool, all maiar appliances, heating, caoling. electrical, plumbing systems and maChinery are
in WORKING CONDITION. Buyer may. at Buyer's' expense, have inspections made of those items by an appropriately Flarida licensed person dealing in the construction, repair or
maintenance of 'those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cast of correcting them, prior to
Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's
warranties as to defects not reported. If repairs or replacement are required. Seller shall pay up to 3% of the purchase price for such repairs or replacements by an appropriately
Florida licensed person selected by Seller, If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which
either party may cancel this Contract, If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable
notice, provide utilities service ,for inspections. Between Effective Date and the closing. Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition
herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of Property prior to ClOSing in order to. confirm compliance with this Standard.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost 01 restoration does not exceed 3% 01 the assessed valuation vf the Property so
damaged, cast of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract With restoration costs escrowed at closing. If the cost
01 restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3 % ,;r
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s).
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be cantinued at Buyer's expense to show
title in Buyer, withaut any encumbrances ar change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escro.VI
by S,eller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller'S title is rendered unmarketable.
through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 3D days Irom date of receipt of such notification to cure
the defect If Seller fails to timely cure the defect, all deposit(s) shall, upon wrrtten demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously With
such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
,11all take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion
c,1 tl1e purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for clOSing, and fcr
oisbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require Irom the lending institution a written commitment that
it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S, (1987), as amended,
0, ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and agrees by acceptance of tl1em to deposit them promptly, hold same in escrow and. subject
ro clearance, disburse them In accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
,)( liabilities under the provisions 01 Contract, Agent may, at Agent's option, continue to hold the subject matter 01 the escrow until the parties mutually agree to Its disbursement,
:lr until a iudgment of a court of competent juriSdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of .the
ji~pute. Upon notifying all parties concerned 01 such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered
'Jut of escrow. If a licensed real estate broker. Agent will comply with provisions of Chapter 475, F,S, (198 7), a~ amende,j, Any suit between Buyer and Seller where Agent is made
~\. party because of acting as Agent hereunder, or, in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attarney'<s fees and casts
:ncurred with the fees and costs to be charged and assessed i'.S court costs in favor of the prevaiiing party, P3rties agree that Agent shall not be liable to. any party or person
'or miSdelivery to Buyer or Seller of items subject'to this escrow, unless such miSdelivery is due to Willful breach of Contract or gross negliqence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of ,this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract WIthin the time speclf;~ (including payment of all deposit(s\). the deposit(sl paid by Buyer may be retained
:'/ or for the account of Seller as agreed upon liquidated damages, consideration lor tile ex~ution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller
;11]:1 be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to. enforce Seller's rights under this Contract. If. for any reason other than failure
,) Seller to. make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive
Ih:~ return of Buyer's deposit(s) without thereby waiving any action lor damages resulting from Seller's breach.
r, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice 01 it shall be recorded in any public recards. This Contract shall bind and
Il1life to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all, Notice given by or
t,) tile attorney for any party shall be as effective as if given by or to that party.
LJ. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's. personal representative's or guardian's deed, as appropriate to the Sl3tus of Seller. subject
:,"ly to matters contained in Paragraph VII and, thase otherWise accepted by Buyer, Personalty shall. at request of Buyer, be transferred by an absolute bW 01 sale with warranty
J; title, subject only to such mallers as may be otherwise provided for herein.
V, OTHER AGREEMENTS: No prior or present agreements or represent:llians shall be binding upon Buyer or Seller unless included in this Contract. No modifi~tion or change in
'IllS Contract shall be valid o.r binding upon the parties unless in writing and executed by the party 0( parties intended to be bound by it.
W. WARRANTIE S: Sell"r warrants that there are no. facts known to. Seller materially aff'!ctlng the value of the Real Property which are not readily abservable by Buyer or which
'12ve not been discl<"s,.,d to Buyer.
t
,
(:'1'''''' ,..; ~:...,~ ~f) ~ Q h,. .,.:~ ~ ':"....~...; ~ ., ~." .,.,.-' ""'.~ I =, .....;..,
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MIS (REG) OMB No, 2502-0265
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. o FHA 2. o FMHA 3. o CONV. UNINS.
4. OVA 5. o CONV. INS.
6. FILE NUMBER /7. LOAN NUMBER
90080085
8, MORTG. INS. CASE NO.
SETTLEMENT STATEMENT
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown, Items marked
"(p,o.c.)" were paid outside the closing: thilY are shown here for informational purposes and are not included in the totals,
D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SElLEQ F. NAME AND ADDRESS OF LENDER
CITY OF CLEARWATER, EDWARD HENRY
a Muncipal Corporation VIVIAN HENRY
CASH TRANSACTION
G, PROPERTY lOCATION H. SETTlEMENT AGENT I. SETTlEMENT DATE:
W 15' OF LOTS 2 & 3, BLK 1, OF THE STEWART TITLE COMPANY OF CLEARWATER,INC,
MOASE AND HARRISON'S SUBDIVISION OCTOBER 26, 1990
OF LOT 7 PLACE OF SETTlEMENT
1290 COURT STREET, CLEARWATER, FL 34616 299th DAY OF YEAR
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100, GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SElLER:
1101. Conlract sales price 1 n 1).00....00 401 Conlract sales price 10 000 _00
f-.
102. Personal properly 402 Personal properly
103, Settlement charges to borrow (line '400) 40';,00 403
! 104 404
105, 405
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106, City /lown taxes 10 406 CIty Ilown tilXes 10
107. County taxes to 407. Counly taxes 10
108, Assessmenls to 408 Assessmenls 10
109 409
110. 410
111. 411.
0
1 t2, 412
120, GROSS AMOUNT DUE FROM BORROWER: 10,406,00 420, GROSS AMOUNT DUE TO SELLER: 10,000,00
200, AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SEllER:
201. Deposil or earnesl money -0- 501 Excess depositlsee inslructions)
202, Principal amount 01 new loan(s) 502, Settlemenl charges 10 seller (line /400) 7? on
203. Existing loan(s) laken subjeclto 503. EXIsting loan(s) taken subJect to
204, 504, Payoll of lirsl mortgage loan
205 505, Payoll 01 second morlgage loan
206, 506,
207. 507.
208, 508
209. 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City Itown taxes to 510, Cllyltown taxes 10
211. County taxes to 511. County taxes to
212. Assessments to 512, Assessmenls to
213 513
214, 514, 1990 REAl. ,~,~~ TA,\(F~ 71 94
215. 515.
216, 516,
217. 517,
218, 518,
219. 519,
120, TOTAL PAlO BY/FOR BORROWER: -0- 520. TOTAL REDUCTION AMOUNT DUE SElLER: 145.94
lOll CASH AT SETTlMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SEllER:
101. Gross amount due from borrower (line 120) 10,406.00 601. Gross amount due to seller (line 420) 10,000.00
102, less amounts paid by Ifor borrower (line 220) -0- 602, Less total reductions in amount due seller (line 520) 145,94
103. CASH (OlFROMI (rnXI) BORROWER: 10,406.00 603, CASH (ao TO) fOCm8MI SELLER: 9,854.06
PICTURE IDENTIFICATION REQUIRED !!!
HUD-l
RESPA, HB 4305.2
,
MIS U~. , ~, ~ ., I I
. PAGE 2 OF OMS No, 2502-0265
" SETTLd.,ENT CHARGES . ,
L. PAlO FROM PAlO FROM
.. .', BORROWER'S , . SELLER'S
FUNOS FUNDS
700, TOTAL SALES/BROKER'S COMMISSION Based on price $ @ %= AT SETTLEMENT AT SETTLEMENT
Division of commission (line 700) as lollows:
701.$ to
702.$ to
703. Commission paid at seUtemen' NONE
704.
800 ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination lee %
802, Loan Discount %
803, Appraisal Fee to
804, Credil Report to
805, Lender's inspection fee
806, Mortgage Insurance application fee to
807. Assumption Fee -
808,
809,
810.
811.
9OO,ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE.
901, Interest Irom to @$ /day
902, Mortgage insurance premium for mo, to
903, Hazard insurance premium lor vrs, to
904, yrs. to
905,
1000 RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mo, @$ per mo, \, . :';;\~!&i.,
1002, Mortgage insurance mo, @$ per mo, ,.:: C).
1003. City property taxes mO,@$ per mo, :;:;
1004, Counly property taxes mO.@$ per mo, . "',:,."",, < .~~~~
1005, Annual assessments (Maint,) mo@$ per mo, :, .) ',' .
1006, mo, @$ per mo ,;, I
1007, mO,@$ per,mo,
1008, mO.@$ per mo,
I'. A': ,;,:::'t7ti
1100. TITLE CHARGES:
1101, Settlement or closing lee to
1102, Abstract or Ii lie search to
1103. Tille examination to
1104, Title insurance binder to
1105. Document preparation to
1106 Notary lees to
1107. AUorney's lees to to
(inc/udes above items No.. " ", "'),.,.' .", .'" ) ,".".:,,,J
1108, Tille insurance ( 11 02) 10 STEWART TITLE COMPANY OF CLEARWATER'INC.~
(inCludes above items No,'
1109, Lender's coverage $
1110, Owner's coverage $ 10~QOO,OO
1111. .
1112
1113,
1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
1201, Recording lees: Deed $ 6,00 Mortgage $ Releases $ 6,00 (PARTIAL RELEP SE) 6.00 6.00
1202, Cilv /countv lax /stamps: Deed $ Mortgage $
1203, State tax/stamps: Deed $ 55,00 Mortgage $ 55.00
1204, RECORD SATISFACTION FIRST FLORIDA 6.00
1205,
1300 AODITIONAL SETTLEMENT CHARGES
1301, Survey to POC
1302, Pest inspection to
1303. r,TTY OF r.T,F.ARWA1'F.R T, T F.N SF.ARrH ').nn
1304,
.
1305,
1400 TOTAL SETTLEMENT CHARGJ>>jentered on lines 103, SectIOn J and 502, SectIOn K) 406.00 72.00
:RTlFICATION: Ih~~;r!JjjftJ.IIP"v~ and to the best 01 my knowledge and belief, II Is a true and accurate statement 01 all receipts and disbursements made on my. account or by meln t~i/ransactlon.llurthercerliIY
It I have received a op tie ,. ,I / '. .-1
.......- - 7'
tor: CITY UI' lX.,t;ARwf\l l'..lf ~'IlI"A~ ""lil'..NKl'l.,1 1/ /./JHA /fA'/ / I f' /I/I///L/I
lorrowers '-J Sellers c; r." ,J;;;, I J ~.'" J
/",.
un e igne'lal Xloftl~setM~~~tXs transaction
OCTOBER 2 . I 0
,eWe men A.g nt '-... Dale
LLER'S AND/OR URCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges hlsllheir approval ollax proralions and signilies Ihelr understanding Ihat proralions were based on laxes for Ihe preceding year, Dr estimates
Ihe current year, and in Ihe event 01 any change lor the current year, all necessary adjustments must be made belween Seller and Purchaser; likewise anv detaulf In delinquent taxes will be reimbursed to Tille Company bV the Seller,
rilie Company, in its capacity as Escrow A.gent, Is and has been authorized te deposit all funds It receives in this transaction In anv linanclai institution, whether alliliated Dr not. Such linancial institution may provide Title Company computer
:ounting and audil services dlrectlv Dr through a separale entity which, iI affiliated with Title Company, mav Charge lhelinancial institution reasonable and proper compensalion therelore and retain any prolits therefrom. A.ny escrow 'ees paid by any
'tv involved in this lransaction shall only be for check writing and input to the computers, but not lor aloresaid accountinq and audit services, Title Company shall not be liable lor any interest or other charges on the earnesl money and shall be under no
IV to invest Dr reinvestlunds held bV it at anv time, Sell nd Purchasers hereb ckn wledgeand consent to the deposlI olthe escrow monev in linancialinstitutions with which Title Company has Jll' may have other banking relationships and turther
',sent to the retention bV Title Company d/orits all' al 01 any an all benelit' ding advantageous interest rates on loans) Title Company and/or 'ts alllliates may receive Irom such flna,neral institutions by rea700 ot eir mainlenance o!sald
:row accounts. ".... i .... J
'he parties have read the above n co i I i 0 i are material, agree to same, and recognize Title Com pan ' .Ving on the , -r~1 j A A r1 '/
chasers/Borrowers Sellers ... .'{/ V L.
for' CITY 0 I ~A T ' EDW R HENRY I.Yl..A1LllE.NRY
RNIMG: It is a crime to knowingly make false statements to the United Sta n this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For d jls see: Tille 18: U.S. Colle Section 1001 and Sectia
I
I
SCIlClily..j Contract
RONALD (RON) E.SOMERS
President
1290 Cou rt Street
Clearwater, Florida 34616
STEWART TITLE
OF CLEARWATER . -" '\1 "l1;." 'P
November 8, 1990 R 1: C' L 1 ~ ~
P.O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
NO'i 14: -
*
*
*
*
CITY OF CLEARWATER
PO BOX 4748
CLEARWATER, FL 34619
crr'[, CLfj?J:
Piease-include -ourfi le-No, on a-ll correspondence: - 4JG08008 5--
RE: HENRY/CITY OF CLEARWATER
W 15' OF LOTS 2, 3 BLK 1, THE MOASE AND HARRISON'S SUB
Dear' SIRS:
Enclosed please find the following documents in connection with the above
mentioned property:
) Title Binder
( ) Mortgage Title Insurance Policy
( ) Original Mortgage
(XX) Owners Title Insurance Policy
( XX Original Warranty Deed
) Checks(s) If
IF
IF
( ) Endorsement
( ) Other
$
$
$
The opportunity to be of service to you is always appreciated. If we can be
of any further assistance to you, please do not hesitate to contact our office.
Very truly yours, ~~~~
STEWART TITLE COMPANY OF CLEARWATER, INC.
Christine M. Larkin
AL TA Ow!'er's Policy - Form B -. Amended 10-17-70
...
~
POLICY OF TITLE INSURANCE ISSUED BY
90080085
STEWART TITLE
GUARANTY COMPANY
! ',: :,,:,"
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY,
a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees
and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
than as stated therein;
1, Title to the estate or interest described
2. Any defect in or lien or encumbrance
3. Lack of a right of access to and from
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has
duly authorized officers as of Date of PoHC}($hown in ScheduleA
policy to be signed and sealed by its
STEWART TITLE
eJ~$~
~~ '-hc~
GUARANTY CO_PANY
President
Chairman of the Board
~"~ ~
A""~"" SigN'.", &.
Company
City, State
EXCLUSI~~~';~B0fv1COVERAGE
,;";,,,,1:.:,1,11;,;1, ""I..'"
Sarrctity of Contract
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or
hereafter erected on the land, or prohlbltilIg.a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rightsofpj)lice power unless notice of the exercise of such rights appears in the public
records at Date of Policy. .
3. Defects, liens, encumbrances, adverse claims, or other matters (a}ueated, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but knoWn-to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or Interest insured by this policy and noidisclosed in writing by the Insured claimant to the Company
prior to the date such Insured claimant became an insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest Insured by this polley.
Page 1 of 0 9902
pOller . .
Serla No,
543823
......... .:..+:- -- -- ~ -- .;+,.. -+=-
001B
1.
DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
The following terms when used in this policy mean:
(a) "insured"; the insured named in Schedule A, and.
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees. survivors, personal representatives. next
of kin, or corporate or fiduciary successors.
(b) "insured claimant"; an insured claiming loss or
damage hereunder.
(c) "knowledge"; actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "Iano": the land described. specifically or by
reference in Schedule A, and improvements affixed thereto
which~yl~wc<m_stitute real F.!~p_erty;.provid~d, hovveller.
the term "land" does not include any property-beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest. estate or easement
in abutting streets, roads, avenues. alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEY ANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land. or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured. or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
'- _inSl,.lred_QLejtheL!iaide~ftteoLinteIesl.Qr tnejndehledlJe.ss
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company. at its own cost and without u.ndue
delay. shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land. to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or. (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however. that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion ma'y
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
.-{;oneede iiabili'l'y-or '<lili"9ii1nYFHQ"iiion of thi. pnlinl_
(d) Whenever the Company shall have brou9ht any
action or interposed a defense as requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such I itigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion. to appeal from any adverse judgment or
order,
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding. and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence. obtaining witnesses. or pros-
ecuting or defending such action or proceeding. and the
Company shall reimburse such insured for any expense so
incurred.
4.
NOTICE OF LOSS - LIMITATION OF ACTION
In.9d.Qj1iQJL.!Q.the .nQti!:J~Lre_qLJired _l!Q<teL parag[~PI1
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO
CLAIMS
PAY OR
OTHERWISE
SETTLE
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the in5l,lred
,of title or inte.re~t Wh\~h is adversro the title to th~ estate claimant and authorJed by the Co~p~~y.
(continued and concluded on last page of this polley)
~LTA OWN~R'S P,?L1?V-A:end8d 10117171
I
mls
543823
SCHEDULE A
Order No.: 90080085
Policy No.: 0 - 9902 543823
Date of Policy: October 26, 1990
Amount of Insurance: $ 10 , 000 . 00
1, Name of Insured CITY OF CLEARWATER, a municipal corporatiOn
2, The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF CLEARWATER
4. The land referred to in this policy is described as follows:
The westerly 15.0' of Lots 2 and 3, Block 1, of MOASE AND
HARRISON'S SUBDIVISION OF Lot 7 of R.H. PADGETT'S SUBDIVISION,
as recorded in plat Book 02, Page 85 of the Public Records of
Hillsborough County, Florida, of which Pinellas County was
formerly a part. Being more particularly described as follows:
From the Northwest corner of Lot 2, Block I, of the aforesaid
subdivision, thence S 89 deg. 09' E along the Northerly line of
Lot 2 a distance of 15.0'; thence S 00 deg. 03' 19" W a distance
of 95.22' to the South boundary of Lot 3; thence N 89 deg. 09'
W along said boundary a distance of 15.0' to the southwest
corner of Lot 3; thence N 00 deg. 03' 19" E along the West
boundary of Lots 3 and 2 a distance of 95.20' to the Point of
Beginning.
Page 2
STEWART TITLE
GUARANTY COMPANY
0012
II-L TA OWNER'S POLICY.
Order No.
90080085
I
I
..... ~ I
SCHEDULE B
9902
Policy No.:
0-~-543823
This policy does not insure against loss or damage by reason of the following:
deletE!,
2.
3.
Easements, or claims of easements, not shown by the public records.
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey and inspection of the premises.
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 91 and thereafter.
d,
delet~.
Page 3
STEWART TITLE
2113
GUARANTY COMPANY
I CONDITIONS AND STIPULATIONS Conti nut!
(co tinued and eoneiuded fro'm reverse side of polieJ Face)
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A,
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder. by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title as insured
within a reasonable time after receipt of such ~otice; (b) i~
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company,
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and S are Attached.
...... ....' .;
'-
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability orvalue has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy. all right of subrogation shall vest in the
Company unaffected by any act. of the insured claimant
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insu red claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount if
any. lost to the Company by reason of the impairment' of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any. attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy,
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire,
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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-- --- - - -+- - - ~ -
SanctifY of Contract
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
17.
POLICY
OF
TITLE
INSURANCE
~
,
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., city Attorney A_,,-tto
Purchase from Edward J. and Vivian Henry - Part of
Lots 2 and 3, Block 1, Moase and Harrison's SUbdivision _
For Improving Greenwood Avenue/Court Street Intersection
FROM:
RE:
DATE:
October 29, 1990
The subj ect purchase has been completed and enclosed are the
following documents:
Contract for Sale and Purchase
Settlement Statement
Copy of Warranty Deed
Title Commitment # C-9912-629716 issued by Stewart Title
and Guaranty Company
Copy of Survey
Copy of No-lien affidavit
Copy of Authorization and Acknowledgement Form
Non-Foreign Certification by Individual Transferor form
Disclosure form
Information for Real Estate 1099-S Report Filing form
I will forward the original warranty deed and the title insurance
policy when I receive them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
RECE1\iED
OCT 31 1990
CI'IX CLERK
Amr:}c~n ba~d Title A~sociation.Commitment - 1966
!
tOMMITME~~.. FOR ~-I;~E- INS~~~~tE
ISSUED BY
90080085
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity otthe proposed I nsured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by the
Company, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITI...E
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0'AawrI$~
GUARANTY COMPANY
President
Company
City, State
Serial No. C. 9 912 ~ 629 716
005N Rev. 3/78
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SCHEDULE A
Commitment No.
C-9912-629716
Effective Date of Commitment:
September 11, 1990 at 5:00 P.M.
Your No.:
90080085
Prepared For:
MIKELL L. ST.GERMAIN
Inquiries Should be Directed to: stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1,
Policy or Policies to be issued:
(a) 6 AL TA Owners Policy 1987
CITY
Amount
$
10,000.00
Proposed Insured:
OF CLEARWATER, a municipal corporation
(b) 0 AL TA Loan Policy 1987
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple,
3, Title to said estate or interest in said land is at the effective date hereof vested in:
EDWARD HENRY and VIVIAN HENRY, his wife
d fe ed . h" C " . led. h C tv f PINELLAS
4 The Ian ~LBR IlfiJr t IS omlmtment IS ocat In t e oun 0
State of and described as follows:
The westerly 15.0' of Lots 2 and 3, Block 1, of MOASE AND
HARRISON'S SUBDIVISION OF Lot 7 of R.H. PADGETT'S SUBDIVISION,
as recorded in Plat Book 02, Page 85 of the Public Records of
Hillsborough County, Florida, of which Pinellas County was
formerly a part. Being more particularly described as follows:
From the Northwest corner of Lot 2, Block 1, of the aforesaid
subdivision, thence S 89 deg. 09' E along the Northerly line of
Lot 2 a distance of 15.0'; thence S 00 deg. 03' 19" W a distance
of 95.22' to the South boundary of Lot 3; thence N 89 deg. 09'
W along said boundary a distance of 15.0' to the Southwest
corner of Lot 3; thence N 00 deg. 03' 19" E along the West
boundary of Lots 3 and 2 a distance of 95.20' to the Point of Beginning.
Page 2 of 4
STEWART TITLE
2552
GUARANTY COMPANY
._ ._"t_
, '
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~CHEDUlE B
ORDE~ NO:
90080085
Commitment Numfili1':9912-6 2 9716
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
record.
Valid photo identification (ie:
social security numbers required
transaction by the Insuror.
Driver's License, Passport) and
of all parties to the
Satisfaction of that certain mortgage from EDWARD HENRY AND
VIVIAN HENRY, his wife in favor of BANK OF CLEARWATER, n/k/a
FIRST FLORIDA BANK, filed November 8, 1961 in Official Record
Book 1289, Page 119 in the principal amount of $3,714.60 of the
Schedule Bof the pOlicy or policies to be issued will contain exce~l9M:.tiiM~0v;ift9 Pietfts ~~he same 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 byan 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 1990 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/58338/001/0020
Gross Tax for the year 1989, $927.04.
2153 (Rev, 3/80)
Page 3 of 4
STE"\\YAH.T TITLE
GUARANTY COMPANY
'.
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CONTINUATION SHEET
Order Number:
SCHEDULE __
B
Commitment Number:
90080085
C-9912-629716
SCHEDULE B - PART I CONTINUED
Public Records of PINELLAS County, Florida.
Partial Release of Mortgage executed by EDWARD HENRY and VIVIAN
HENRY, his wife in favor of PIONEER SAVINGS BANK, filed March
28, 1990 in O.R. Book 6708, Page 2117 of the Public Records of
Pinellas County, Florida.
Warranty Deed to be executed from EDWARD HENRY and VIVIAN HENRY,
his wife to CITY OF CLEARWATER, a municipal corporation.
Page -4 of 4
STEWART TITLE
0055
GUARANTY COMPANY
_." ""'0''''
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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 I nsured 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 interestor mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE'\VART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment,
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",0 BE FillED IN PERSONAl\. Y
BY SEllER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
"
EDWARD HENRY and VIVIAN HENRY
Seller or Owner-Borrower
W L5' OF LOTS 2 & 3 'BLK L OF THE MOASE AND HARRISON'S SUB. OF LOT 7
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:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fen~es, street paving, or any personal property Or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement Or otherwise except the
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR
~!l~roximate Amryt
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3. All labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements Or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements Or repairs have been fully paid and satisfied, except: (If none, so state,)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS A2RrC)xlmate Am.~\lnt
--.k:J (.~ ?~
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS
~::.~
5. I, the owner-borrower, Or purchaser, have not been given notice of the furnishing Or intent to furnish any labor,
services, Or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS
ADDRESS
N,N.-
~
6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession,
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
f
VIVIAN HENRY
SWO N TO AND SUBSCRIBED FORE ME THIS 26
LIT'} ,/ '~'
~gry ~~~~l~:lrN~//) / )~~~FLORJDA
day of
OCTOBER
90
,19_.
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My Commission Expires. I <;/ -
Rev. 1/88
NOTE: This (orm is to be silncd by seller in caSC' o( sale. If no sale, it is to be signed by the owner-borrower. If there is any new construction. the contractor must also join in this (orm
or siRn a scpara.te onc.
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RONALD IRONI E. SOMERS
President
s'rJ~'V A It'r 'rl'rLB
or- CL.EARWATER
P.O. Bo>< 2756
Clearwater, Florida 34617
18131 441-2689
1290 COUrI Street
Cloorwater, Florida 34616
"
,
^U'I'IlOlUZ^'fION AND ACKNOWLEDGEMEN'l' FORM
Reference:
{i'JLE NO.
90080085
LEGMJ W 15' OF LOTS 2 & 3,BLK 1,0F THE MOASE AND HARRISON'S
SUBDIVISION OF LOT 7
SmLlm EDWARD HENRY and VIVIAN HENRY
BUY@l CITY OF CLEARWATER
We hereby approve and acknowledUo receipt of a copy of the Statement and actual
cost (DISCLOSURE/SE'I'I'LflIlI'.:N'l' S1'Nl'EMEN'r - HUD FORM 1) and authorized disbursement
of funds as shown therein this 26 day of OCTOBER , 19 90, We further
Clcknowlexlqe Uli:lt we 11Ildeu;LrllldllLility bi.lls are not included iothis statement
and that the proration of tClxes as shown in the statement of actual cost is
based on the latest information available" If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. SlewcnL Tille Company of Clearwater, Inc., will not be held
responsible. It is further understood that Stewart Title Company of Clearwater,
Inc., cannot, at this limp, assertain if there will be personal property tax on
subject property or an amount on which to base a proration. l\ny proration necessary
when tClX bills become available will be handled between the parUes to this
transaction, outside of Stewart Title COIIlIXlny Company of Clearwater, Inc.
Stewart '1'1 tle COIllIXlny of Clearwa ter, Inc" will be not held responsible.
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VIVIAN HENRY (j
BUYE.R'S FORWARDING ADDRESS:
L/ [0 b 13~A? Itw-,r
/ftl Je ~AJ1A-~, d f (3 'l4 /6
II(l\1E PIIONE/t /' "7< L/ :J - L; 3 r 7
WORK PIIONEII /' 7 g s- s {; ~f !
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S FORWl\RDING ADDRESS:
II(X\1E PIIONEIJ
hOnK PlIONl~1/ / (b7.. -67'0
'IBIS IS '1'0 FUR'IBER AUTlJOJUZE
a IANGES NECESSARY TO TIlE CLOSING S'l'Nl'EMEN1'.
TO APPROVE 'ANY
, S'l'E.Wl\R'l' 'J'rl'U~ lUVIPl\NY Oli' CI..E:J\HWNl'EH, INC.
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BY: 1,/(,/!i? ()1
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RONALD (RON) E, SOMEnS
President
S~l'J~WAll~r ~rrrLE
UP CLEARWATER
P.O. Bo)( 2756
Clearwater, Florida 34617
(813) 441-2689
1290 Court Street
Clearwater. Florida 34616
, ,
D I S C LOS U R E
We, the Owners of that certain real property located at
W 15' OF LOTS 2 & 3, BLK 1 OF THE MOASE AND HARRISON'S SUB
OF LOT 7
Pinellas County, Florida, do hereby disclose the following facts
known Lo me which may maLerially affect the value or desirability
of said property.
I IIERE8Y CERTIFY that I have no knowledge of any facts or
defects in said property which may materially effect the value or
desirability of said properLy, except as set forth above. I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer.
/~~v~
.W1ness f ~
Y1:r~~~1710J~
W 1 t Ws s
/;Jl~ HO'OAAJ, ,,'
EDWARD HENRY .
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VIVIAN HENRY ." ' (
STATE OF
FLORIDA
COUNTY OF
PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
OCTOBER
26
DAY/OF
, 19
90
// No ary
My Commission Expires: tJ-d0 'l:::Z
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II
NON-FOREIGN CER'rIFICA'rION BY INDIVIDUAL TRANSFEROR
1. Section 1445 of the Internal Revenue Code provides that a transferee "f a United
States real property interest must withhold tax if the transferor is i1 foreign person,
2, In order to infonn the transferee that withholding of tax is not required upon the
disposi. lion by EDWARD HENRY and VI VI AN HENRY
of the United States real property described as fo)_lows:
W 15' OF LOTS 2 & 3, BLK 1, OF THE MOASE AND HARRISON'S SUBDIVISION
OF LOT 7
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) am (are) not non-resident alien(s) for purposes of United States income
taxation ancl,
(b) My Uni1cd States taypaper identifying mllnber(s) (Social Security Number) is/are:
NAME SOCIAL SI!:CURITY NUMBER
EDWARD HENRY
It/'
It/'
#
It
My home mk1r.ess is / (tJ(P BYOlAf7l,e// :~-I C1P /t;Yl,J a j;;y, Flc?yr; / h
(attached additional page if necessary) . ) I
5; 1- ~ J{ - ? 0/ Y ()
;L6t;.- 7t-t)g19
VIVIAN HENRY
(c)
(d)
There are no other persons who have all ownership interest in the alxJVe-described
property other than those persons set forth above in subparagraph (b).
3. '[he undersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the ulnve described property intends
to rely on t.he foregoing representations in connection with t.he United Stutes
Foreign Investment in Heal Property TilX Act. (94 Statute 2602 as illllenclecl).
(b) I (we) understand this certification Hay be disclosed to the Internal Hevenue
Service by transferee and that any false statement contained in this certification
TIIay be IJlmished by fille, imprisc)lllll(!/lI: 01' bJLh.
Under penalties of perjury I (we) declare I (we) have examined carefully this certi-
fication and it is true, correct and complete.
Date
OCTOBER 26, 1990
at
PINELLAS
FLORIDA
Wit ess
(This docmnent must be retained Lmtil the end of
taxable year in which the transfer takes place).
CONSUUl' YOlffi AT"IDRNEY AND/OR TAX ADVISOH - NO REPRESENTA'l'ION OR RECOMMENDATION IS Ml\DE BY
STE.WART TI'l'LE INSlnV\NCE CCMPANY AND/OR CONCERNING TilE
LEGAL SUFFICIENCY AND/OR 'fAX CONSQUE:NCES OF' 'HIlS DOCUMr~rl'. YOU Ml\Y BI!: REQUIRED TO FILE
A COpy OF 'l'IIIS DOCUMP.NT WITH THE IN'l'ERNl\L nIWE.NUE SI!:RVICE. 'HIESI'; AnI!: QUESTIONS FOn YOUn
ATl'ORNEY OR TAX ADVISOR,
(
year following the
S'l'ATE OF
COUN'lY OF
FLORIDA
PINELLAS
I HEREBY CER'l'IFY that on this day, before me, an offi.cer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally flppearecl
EDWARD HENRY and VIVIAN HENRY __
to me known to be the persons described in and who executed t.he foregoing instrument
and they acknowledged before me that they,execut.ed the same.
WI'l'NESS my hand and official seal in the coull;;nnc1 S -~te Jast aforesaid this 26
of OCTOBER ,19 90,
A - /
f) / 7 1! '.;? ?lL/0
Nor, Y PUBLIC--- g~J,/ Cj /)
MY ,CQlI1JI1ISSION EXPHms :/(-;:1 7 - /(::>o)
day
,~ .
,.
.
.
I~'
II
-
INFORMATION FOR REAL ESTATE 1099-S REPORT FILING
Section 6045 of the Internal Revenue Code, as amended by the Tax
Refo~m Act of 1986, requires the reporting of certain information on
every real estate transaction. From the information you provide
below, a Form 1099-S will be produced, a copy of it will be furnished
to the I.R.S. and to you no later than January 31 of the next year,
and a copy may be sent to other third parties. If you fail to furnish
adequate information (in particular, a taxpayer ID number), then you
will be subject to all I.R.S. Regulations, including the possible
withholding of twenty percent (20%) of the current sales price.
File Number: ,. 90080085
Taxpayer 10 Number:Seller 1}K. 57 1- J'j-irg-{j Seller 2 / cfX.i"t-??-'d%rr
Taxpayer ID Type:
2
(1 = business, 2 = individual)
SELLER 1 NAME:
Last:
HENRY
First & Middle:
EDWARD
SELLER 2 NAME:
HENRY
First & Middle:
VIVIAN
i
Last:
MAILING ADDRESS (as of January 31 of next year)
SELLER 1 ~
Street: I I b b I ~ ):f
City: tl /U<Jr;Ti~ state:f(
SELLER 2: I-J - I .... f-
Street: /lllb l~~
t&~.j
_ Zip Code: J<< {, / ~
City:
State:
f:L
Zip Code: 3l( bib
TRANSACTION INFORMATION
Closing Date (MMDDYY):
OCTOBER 26, 1990
Contract Sales Price: Seller 1 -
10.000.00
Seller 2 -
(If multiple sellers please allocate the sales prlce among the sellers)
Description of Property:
Street Address:
VACANT LAND
Legal Description: W 15' OF LOTS 2 & 3.BLK I, OF THE MOASE AND HARRISON'S SUB
OF LOT 7 OF R.H. PADGETTS SUBDIVISION
Under penal ties of perjury, I, EDWARD HENRY and VIVIAN HENRY
(Name of Seller (s))
certify that the number shown on this form is my correct Taxpayer
Identification Number and that the other information is correct to the
best of my understanding and I understand that it will appear on a Form
1099-S that will be sent to me and to the Internal venue Service.
Date: /' ((]d-:1.(, / f f () Seller 1 Signature:
I
Date: /(ftd.. :p-fol (f/C/O Seller - 2 Signature:
. /
CLOSING AGENT INFORMATION (to be completed by
Name:
STEWART TITLE COMPANY OF CLEARWATER. INC.
Mailing Address:
1290 COURT STREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918