HETTIE LEE PAYNE
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IN~n :\J: 91""29B()~j~j
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WARRANTY DEF.D
INDIVID, TO INDIVID,
PINELLAS COUNTY FLA.
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This Instrument Prepared by:
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Property Appraisers Parcel Identification (Folio) Number(s):
Grantee[sl 5.5. I[s):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
mitts Dlarrantll IIttb Made the 1st day of November, A.D. 19 91 by
HETTIE LEE PAYNE, an unmarried woman
hereinaJ~er called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is
P.O. Box 4748, Clearwater, Florida 34617-4748
hereinafter called the grantee:
(Wherever used herein the terms -grantor- and -grantee- Include all the parties to this instrument and Ule
be;ro, legal repre.enl.aUve. and 1l801gn. of Individual., and the oueee..oro and ....ign. of corporation.)
.itUtlllld~: That the grantor, for a,nd in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirm.s unto the grantee all that certain land situate in Pinellas .
County, State of Florlda, viz:
lbe North 25 feet of Lot 13, REVISED MAP OF R.H. PADGETT SUBDIVISION OF ORIGINAL
LOT 5, according to the plat thereof, as recorded in Plat Book 4, Pages
32 through 41, inclusive, of the Public Records of Pinellas County, Florida.
/
parcel no. 15/29/15/65214/005/0131
Grantors social security fI'cJGS-~3cl-02y'Pa(HETTIE)
/
ijJngd.IJtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
mn Jlaut aub tn Jlnlb. the same in fee simple forever.
1\nb the grantor hereby cavenants with said grantee that the grantor is lawfully seized of said land infee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; a,nd that sa1:d land
is free of all encumbrances, except taxes accruing subseauent to ~ Nov.ember 1, 1991, and
2 .it ... f all easements ;md re~trlaTons a-f recQrd.
.2JU ntllll .I,tttn. the sata grantor /tas stgnea ana sealed t/tese presents the day and year first above
written.
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HETTIE LEE PAYNE
Printed Signatllnl
r 3579 Winston Dr. , Hemphis , Tn. 38127
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dRECOf'W IJF!'" I - ~ ,:, :,A'\f:.f~ ~ CLERK
_u. ,-.... F 11::,1.1 BY: ~
STATE OF FLORIDA
COUNTY OF PlNELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgmcnts, personally~ppeared HETTIE LEE PAYNE, an llnmarried w'oman
to me known to be the person described in and
executed the s me,
da of veDber,. A,D, 1991,
who executed t~e..fOl'igc;.ii!ristrument and she acknowledged before me t
WITNE~~" ,;in~h1Pd 1',I]'{ 4ficial sea) in the County and State last afore
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO: Cynthia E. Goudeau, City Clerk
FROM: M. A. Galbraith, Jr., City Attorney ~
RE: Purchase from Hettie L. Payne - Part of Lot 13,
Revised Map of R. H. Padgett's Subdivision of
Original Lot No. 5 for future development
DATE: November 22, 1991
As a follow-up to my memorandum of November 4, 1991, enclosed are the original
warranty deed and title policy regarding the above purchase.
MAG:jmp
Enclosures
I~ ~ @ Tg IT \IJ -~-rV
lnJ NOV 22 1991 i~
CITY CLERK DEPT.
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO: Cynthia E. Goudeau, City Clerk
FROM: M. A. Galbraith, Jr., City Attorney ~/
RE: Purchase from Hettie L. Payne - Part of Lot 13,
Revised Map of R. H. Padgett1s Subdivision of
Original Lot No.5 for future development
DATE: November 4, 1991
The subject purchase was completed on November 1, 1991, and enclosed are the
following documents:
Contract for Purchase and Sale
Settlement Statement
Title Commitment # C-9912-787220 issued by Stewart Title Guaranty Co.
Survey
Copies of:
Warranty deed
Name affidavit
Authorization and acknowledgement form
Indemnity and affidavit as to liens
Disclosure
Non-foreign certification by individual transferor
Information for real estate 1099-S report filing
I will forward the original deed [if city is b~yiRg] and title policy when I
receive them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
fD) lHl rn 0 IU mi
I1ll NOV 04 1991 II!!JI
J ,
CITY CLERK DE".:J'L '
CONT RAcI-I:.9R S_~_l:...~_t.ND _P_l:!RG.~.!~.~~
~~HTIES: Hpt't' i p 1. P;:Jynp _. ___________ ("Selle(',
of 1 ') 1 ~ nIl t h M::f it i ~ n n A ~~I C 1 ~ a r w a t ~ r , -E..La..r..i.d.a._.__3A6.J..6_J (P110ne 46 1- 3 38 7
dnd C-ity n-f C-lp;:JrtJ;:Jtpr, Flnriit;:J ("Buyer")
01 POBox 4748, Clearwater, Florida 34618 (Phone 462-6638 )
hereby agree that the Seller shall sell and Buyer shall buy the following real properly ("Real Pro~!i') and personal properly ("Personally") (collectively "Propertv") upon the followin,
lerll1s and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") printed on the reverse or attached and any Riders and Addenda to this instrument
I. DESCRIPTION:
(;:) Legal description of Real Property located in P i n~ 11 as
of R H Padg~tt's Subdivision of Original Lot 5.
County, Florida: The North 25 feet of Lot 13.
(b) Street address, city, zip, of the Property is:
(c) Personalty:
323 South Madison Avenue, Clearwater. Florida
34616
II. PURCHASE PRiCE............... ....0................................... ................. ...................................................... ........... $
PAYMENT:
(a) Deposit(s) to be held in escrow by in the amount of . . $
(b) Additional escrow deposit within days after Effective Date in the amount of ..........,..............................,.......... $
(c) Subject to AND assumption of mortgage in good standing in favor of
20.000_00
N/A
N/A
having an approximate present principal balance of .. $ Nt A
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of ........... ...................... $ Nt A
(e) Other: $ Nt A
(f) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations........................... $ 70,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered tg all parties OR FACT OF EXECUTION communicated in writing
belween the parties on or before crtohPr ') I J IC)C} I , the deposit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this
Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when
the lasl one of the Buyer and Seller has signed Ihis offer.
IV. FINANCING: N/A
(a) If the purchase price or any part of it is 10 be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1)
or (2) or (3)): (1) 0 a fixed, (2) 0 an adjustable or (3) 0 a fixed or adjustable rate loan within_ days after Effective Date at an initial interest rate not to exceed_ %,
term of ___ years and for the principal amount of $ . Buyer will make application within days after Effective Date and use reasonable
diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer
fails 10 obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or atter diligent effort fails to meet the
terms and conditions of the commitment, then either party thereafter by prompt wrillen notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) 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 transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed ___ 'Yo per annum. Seller shall, within __ days after
Effective Date, furnish statements from all mortgagees stating principal balances~ method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a
mort93ge which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return
them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not tilled in, equally divided). If Buyer is not
accepted by mortgagee or the requirements for 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 to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least 10 days before closing date, Seller shall, at Seller's expense, delive~ to Buyer or Buyer's allorney, in accordance with Standard A,
(CHECK (1) or (2)): (1) 0 abstract 01 title or (2) IXI title insurance commitment and, after closing, owner's policy of tille insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered o~ before Dee. 3, 1991, unless extended by other provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tille subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 71h feet in width as to the side lines, unless otherwise stated herein); taxes tor year ot closing and subsequent
years; assumed mortgages and purchase money mortgages. if any; other. Nt A
; provided,
thai there exists at closing no violation of the foregoing and none of them prevents use of Real Property for Camercial purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in its 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 inconllict with them.
X. RIDERS: (CHECK if any of the following Riders are applicable and are allached to this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHA/VA RIDER
(I) 0 OTHER:
Xl. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign or (2) DI may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is allached or (2) IXI there is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer O. acknowledges or 0 does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures...
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 Conltact should be accepted by the parties in a partic;ular ltansaetion. Terms
ana <:onrlltlons should be negotiated based upon the respectIVe interests, objectives and bargaining positionS of all interested persons a _ ("I _ q I
F CI..EARWAr, ~R COPYRIGHT 1991 BY ~E!"L~R~~B~R ~N~ T.!:!E!L~R~'0~~CIATION OF REALTORS, ~-'
/O/f'/11 Date 1t'~ ::t:. ___ ale
11 ;/7 I fute :i~lt:e:u~~ O:~D. # '7[. b .Ii" - 3 -"~ ? i 0 "
In/ '6'/7'/
, ,
~.;o.;--.. -- _-~ _IO/sr/'l1 fute
M.A. l'ar,rai-th.,__J-F. C!t~, At-torney r I Social Security or Tax ID.#
DepoSit under P'1rngl apl) l1(a) re10, ; Ir- OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
KER'S FEE: (Ct1ECI< ".1-10 COMPLETE THE ONE APPLICABLE) By:
o IF. AGREEMENT IS CURRENTLY IN EFFECT;
seller agrees' Broker named below, inclUding cooperating sub-agents named, according to the terms ot an existing, separate listing agreement:
OR
o
Date
Date
(Escrow Agent)
IF NO LISTING AGREEMEN RENTLY IN EFFECT:
seifmgreeslOpay the Broker- named time OTCfosing, from the disbursemonts of the proceeds of the sale, compensation in Ihe amount of (COMPLETE ONLY ONE)
__ % of gross pUlchase price 0' $ ker's services in eflectil14J the sale by finding the Buyer ready, willing and able 10 purchase pursuant to the foregoing
Contract. II Buyer fails to perform and deposit(s) is retained, 50% but not exceeding the Broker's tee above provided, shall be paid Broker as full consideration for Broker's
services, including costs expended by Broker, and the balance shalt be pai er. If the transaction shall not clm.e because of refusal or failure of Seller to perform, Seller shalt
pay the full fee .to Broker on demand. In any litigation arising out 01 the Contrad conc the Broker's fee, the prevailing party shall recover reasonable allorney's fees and costs.
(Iirm name of listing Broker)
By:
(authorized signatory)
(firm name of selling Broker)
By:
(authorized signatory)
FAR/BAFl 002A-90a R,~v. 1/91
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and exislingabstract firm (if not existing Ihen certified as correct by an existing firm)
purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records of the county wherein Real Property is locatt'd through
Effective Date and which shall commilnce with the earliest public records, or such later date as may be customary in the counly. Upon closing of this transaction, the abstract shall
become the properly of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to the Real Prop"rty,
subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey
marketable title subjecl onty to liens, encumbrances, exceptions or qualifications specified in the Contract Marketable title shall be determined according to applicable Tille Standards
adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title
to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller II) writing specifying defect(s). If the defect(s) render tille unmarketable, Selle,. will have t20 UilYS frum
receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid
which shall immediately he returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is found unmarketable,
use diligam effort to- correct defect(s) in the title within the time provided therefor, including the bringing of necessary suits.
B. PllRC~ASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in
the event 'bl. aMall1l if .;j- Tirst mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in parl without penally; shall
not perl1lit -acceleration or_interest adjustment in event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and lorbid modifications
01 ar futtlie advances UiJ.~r priOr mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Selle, may only require
clauses-customarJly (ounrLif, ;'10rtyag8s, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county
wher1iiri Real Prop€'ily 1S-19C,tlted. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded
lin~"i(lg statements. ItaballDon mOftgage, the final payment will exceed the periodic payments thereon.
C. SURVEY: Eiuill', 'at6'''/er's expense, within time allowed to deliver evidence of title and to examine same, may have Reil' Prop"rty. surveytld and certified by a registered Florida
surv~(~ II survey shfjj\ls ehcroachmenl on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others or violate any restrictions,
Cr>mrau 'Covenants 01' t.ppiicable Y\)vernrnental regulation, the same shall constitute a title defect. "..
0;.. TEflt,JIIlES: Buyer, at Buyer';' 'e,'pense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Operalo[ 10 dotermine Jflhbre 1>: any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will
have-..\ da\is from dale.ol wrltt.en notice thereof within which to have all damages, whether visible or not, II1spected and estimated by a licensed builder or general contractor. Seller
shall pay valid costs 01 treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have lhe option of cancelling Contract
within 5 dayS after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which evenl Buyer shall receive
a credit at closing of an amoLlnt equal to the tolal of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
destroying organisms required to be reported under the Florida Pest Control Act.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intem;led use as described in Paragraph VII hereof,
title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters Irom each tenant specifying the nature and duration
of the 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 shall tJe
'furnished by Seller to Buyer within that 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 furnish to Buyer at time of closing an affidavit attesting to the absence, unless 0therwise provided for herein, of any financing statements. claims of lien or
potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Property for 90 days immediately preceding date of closing. If Property
ha~ been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors. subcontractors, supptiers and materialmen
in addition to Seller's lien affidavit setting forth the names of all such general cuntractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's I.ien or a claim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held inthe county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
I. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or natiomii legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bilf of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue 01 Property shall be prorated through day before closing. Buyer shall have
the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing: Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowanc:e made for maximum allowable discount,
homestead and other exemptions. II closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on the Real 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
prior year's millage and at an. equitable assessment to be agreed upon between the parties, failing which, requesl. will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
of tax bill on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered certified, confirmed
or ratified and Seller shall, at closing, be charged an amount equal to the lasl 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 w;.!ls,
seawalls (or equivalent) .and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechari:::al
items, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by a him
or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Ftorida contractor. Buyer shall, prior
to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards as 10 defects.
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 replacements are required,
Seller shall cause such repairs to be made and shall pay up to 3% of the purchase price for such repairs or replacements as may be required in order to place such items in WORKING
CONDITION. 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
and access to the Property for inspections, including. a walk-through prior to closing. Between Effective Date and the date of closing, except for repairs required by this Standard,
Seller shall maintain Property, including, but not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3"10 of the assessed valuation of the Property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost
of re~toration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling this Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show
title in Buyer, wilhout any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shalf be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable,
through no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure
the defect. If Seller fails tei timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Property and reconvey It to Seller by speCial warranty deed. If Buyer falls to make limety demand for
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed.
If a portion ot the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of-day and procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have Ihe right to require from the lending institution a written commitment
that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and ciosing procedure required by this Standard
may be waived If title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended.
Q. ESCROW: Any escrow agent rAqent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
or liat,ilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement
or until a judgment of a court of competent jurisdiction shalf determine the rights of the parties or Agent may deposit same with the clerk of the circuit court haVing jurisdiction
of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1989), as amended. Any suit between Buyer and Seller wherein Agent
is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject malleI' of tl1e escrow. Agent shall recover reasonable allorney's fees
and costs incurred with the fees and costs to be paid Irom ilnd out of tl1e escrowed funds or equivalent and charged and awarded as court costs in favor 01 the prevailing party.
Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach
of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation wl1ich, lor the purposes of this Standard, sholl inciude Seller, Buyer,
listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: It Buyer fails to perform this Contract within the time specified, including payment of all deposit(s), the deposit(s) paid by Buyer and deposit(s)
agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in lull settlement of any
claims; whereupon, Buyer and Seller .shall be relieved ot 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 of Seller to make Seller's title marketable after diligent ellort, Seller fails, neglects or refuses to perform this Contract, tile Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any notice of it. shall be recorded in any public records. This Contract shall bind and
inure to the benefit of the parties and their successors in interest. Wl1enever the context permits, singular shall include plural and one gender shall include all. Notice given by or
to the attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's. personal representative's or guardian's deed, as appropriate 10 the status of Seller,
subject only to mallers contained in Paragraph VII and those otherwise accepted by Buyer. Personally shall, at request of Buyer, be transferred by an absolute bill 01 sale with warranty
of title, subject only to such mallers as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations sh.ill be binding upon Buyer or Seller unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless in writing and executed by tl1e party or parlies intencled to be bound by it.
W. WARRANTtES: Seller warrants tl1at there are no factsl,nown to Seller nwteriC1l1y affecting the v~lue of tile Real plperty which are not readily observable by Buyer or which
11ave'nOl been disclosed to Buyer. .
" I .
MIS 11099;: OMB No. 2502.0265
A. U.S. DEPARTMENT OF HOUSING AND URBANIlEVELDPMENT 1 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 91100054 NUMBER
SETTLEMENT STATEMENT
8. MORTG. INS. CASE NO
C. NOTE: This form is furnished to tve you a statement of actual selllement costs. Amounts paid to and by the selllement 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.
p. NAME OF BORROWER: CITY OF CLEARWATER, F1..ORIDA
PO BOX 4748
ADDRESS: CLEARWATER FL 34617-4748
E. NAME OF SelLER: HErrlE LEE PAYNE
323 S. MADISON
ADDRESS: CLEARWATER. FL 34616 SelLER TIN:
F. NAME OF LENDER:
CASH TRANSAcrION
ADDRESS:
G. PROPERTY LOCATION: N 25' OF LOr 13 I REVISED MAP OF R.H. PADGETT SUBDIVISION OF ORIGINAL LOr 5
a/k/a 323 S. MADISON CLEARWATER, FL 34616
H. SETTLEMENT AGENT: STEWART TITLE COIVIPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT STREET I
F'T. 1dhlh
PLACE OF SETTLEMENT: STEWART TITLE COIVIPANY OF CLEARWATER, INC. I. SETTLEMENT DATE:
ADDRESS: 1290 COURT STREET NOVEMBER 1, 1991
rr F'T 1dhlh ~nt:;+-h nnv nli' VD1\n/hn
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. Conlracl sales price 20,000.00 401 Contracl sales pme 20 000.00
102. Personal property 402 Personal property
103. Seltlemenl charges 10 borrow (line 1400) 6.00 403
104. 404
105. 405
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. Cily 1I0wn laxes 10 406. Cily/lown taxes 10
107. Counly laxes 10 407. County la,,,s 10
108. Assessmenls 10 408 Assessments 10
109 10 409 10
110 10 410 10
111. 411.
112 412
120 GROSS AMOUNT DUE FROM BORROWER: 420 GROSS AMOUNT OUE TO SELLER::
20,006.00 20,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT OUE TO SELLER:
201. Deposit or earnest money -0- 501 Excess deposil (see Inslructionsl
202. Principal amounl 01 new loan Is) 502. Selllement charges 10 seller lIine 1400) t)R7 nn
203. EXisting 10an(s)laken subJect 10 503. EXlsllng loanlsltaken sub/ectto
204 504. Payotl 01 Itrsl mortgage loan
205 505. Payotl of~ortgage loan FORTUNE SAVINGS 3 690.19
206. 506
207. 507
208. 508
209. 5D9
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. Cily Ilown laxes 10 510. Cily Ilown laxes to
211. Counly laxes to 511. Counly laxes 1/1/91 10 11/1/91 -0-
212. Assessments 10 512. Assessmenls to
213. to 513 10
214 514
215. 515
216. 516.
217 517.
218 518
219 519.
220. TOTAL PAID BY/FOR BORROWER: -0- 520. TOTAL REDUCTION IN AMOUNT DUE SEllER:: 4,277.19
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTlEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) 20 006.00 601. Gross amount due to seller (line 420) ?n nnn nn
302 Less amounts paid by Ifor borrower (line 220) -0- 602. Less total reductions in amount due seller (line 520) 4 . ?77 . 1 q
303. CASH lID FROM) (00){I).l80RROWER: 20,006.00 603. CASH lei{) TO) ~ElLER: 15,722.81
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E, G, H and I and on line 401 (or, it line 401 is asterisked, lines 403 and 404) is important tax intormation and is being
furnished to t~e Internal Revenue Service. If you are reqUired to file a return, a negligence penally 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-" this real estate was your principal residence, tile form 2119, Sale or Exchange ot Principal Residence, tor any gain, with your income tax return; tor other transactions,
complete the applicable parts of torm 4797, Form 6252 and/or Schedule 0 (Form 1040).
You are required by law to provide I. , R. S with your correct taxpayer idenlitication number.
It you do not provide I. R. S with your correct taxpayer identitication number, you may be subject to civil or criminal penalties.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
MIS wi
i' ~
I
,
L. SETTLEMENT CHARGES
I
!
PAID FROM
BORROWER'S
FUNDS
AT SETTlEMENT
PAGE 2 OF OMS No. 2502-0265
PAID FROM
SELLER'S
FUNDS
AT SETTLEMENT
700. TOTAL SALES/BROKER'S COMMISSION Based on price $
@
%=
Division 01 commission (line 700) as lollows:
701$
702. $
to
to
703. Commission paid at settlement
704
800 ITEMS PAYABLE IN CONNECTION WITH LOAN,
NONE
801. Loan Origination lee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's inspection lee
806. Mortgage Insurance application fee
807. Assumption Fee
%
%
to
to
to
808.
809.
810.
811.
9OO.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE,
901. Interest Irom
to
@$
Iday
902. Mortgage insurance premium lor mo. to
903. Hazard insurance premium for yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002 Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments (Mainl.)
1006.
1007.
1008.
mO.@$ per mo. ,.
mO.@$ per mo.
mo @$ per mo. "+,::':~,,,,~
mO.@$ per mo. ~ ,.."" .tlw
mo.@$ per mo. ~.
mo.@'$ per mo. , ,
mo@$ permo.
mO.@$ per mo.
1100. TITLE CHARGES:
1101. Settlement or closing lee
1102. Abstract or tille search
1103. Title examination
1104. Title insurance binder
1105. Document preparation
1106 Notary lees
1107. Attorney's fees to
(includes above items No..
to
STC
100.00
to
to
to
to
to
to
1108. Title insurance
(1101)
to STEWART TITLE COMPANY OF CLEARWATER, INC.
._(">
3
.00
(includes above items No.:
1109. Lender's coverage
1110. Owner's coverage
1111.
1112
1113.
$
$
20,000.00
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
6.00
1201. Recording lees: Deed $
1202. City /county tax Istamps:
1203. State tax/stamps: Deed $
Deed $
Mortgage $
Mortgage $
Releases $
6.00
6.00
6.00
1204
1205
120.00
RECORD NAME AFFIDAVIT
Mortgage $
120.00
6.00
.
1300. ADDITIONAL SETTlEMENT CHARGES
1301. Survey
1302. Pest inspection
1303.
1304.
1305
1400. TOTAL SETTlEMENT CHARGES (entered on lines 103, SectIOn J ana :xJZ, section K) 6.00 587.00
CERTIFICA liON: I h. ave carefully ~~~~~~ Uo-I SIllI!'! kStatement a,ndJ,8 the )'lYl' my knowledge and belief, Itls a truundi~~e s~temen~~receIPts and disbursements made on my account or by me in this transaclion.llc;lher certify
that I have receix.e.d~Xe~ rm,.t~ (L ~ .>P7'7 \../ - j..J .1 f/// ~ //:J~-htf
bV: CITY OF .r/' / L~~ l:'J-\11~~ V J
Borrowers . .'7 ._ Sellers
To the besl aIry ~qtedg.~~JflD.l S~t~~ s~men~~)"Y'erp}red is a true and accurat~ account 01 the lunds which were received and have been or will be disbursed by the undersigned as part 01 the settlement 01 this transachon.
7// //.(./~/j/ A J.--'l/ .(/ P~./T'/7./../ NOVEMBER 1, 1991
Settlement A.llen~~: -...c v Dale
SELlER'S AND/OR URCHASER'S STATEMENT Soller's and Purchasor's signature horoon aCknowl'dges hlsllheir approval 01 tax prorations and signifies their understanding that prorations wore based on taxes for the preceding year, or estlmalos
for the current year, d In the event 01 any change lor the current year. all necessary adjustmonts must be made between Seller and Purchasor: likewise any delault In delinquentlaxos will be relmbursod to Tille Company by,lhe Seller.
Titlo Company, in its capaCity, as Escrow Agont, is and has been authorlZld 10 deposit all funds It "celves In this transacllon In any flnanclellnslllUtlon, whether aHilialed or not. Such IInanclallnslltutlon may provld, TIt 0 Company computor
accounting and audit services d reclly or through a separato entity which, ilaHlliated with Tille Compeny, may cherge the IInanclallnslllullon reasonabl, and proper compensallon therefore and retain any profits Iherelrom. Any escrow fees paid by any
party involvod in this Iransaction shall only be for chockwrlllng and Inp to the computers. bul not for aforesaid eccounllng and audit ,ervlce,. TItle Company shall not be liable for any Interesl or olher cherges on the earnest money end shall b, under no
duty to invost or reinvest funds hold by it at any time. ers and Purcha rs hereby acknowledge and cORsenllo Ihe deposit of Ih, escrow money In flnanciallnstltullons with which Tille Company has or may have other banking relationships and furthor
consent to Ihe rotontion by Title Compa~y and/or It f iatos 0 a benoflts (including advantageous Interest rates on loans) Tille Company end/or its allillates may recelvo from such flnanclallnslltutlons by roeson of their malntonance of said
escrow accounts. .. ., I ._ ~.,
The parties have road Ihe~~o Ions horein~' ateri eo to same. and recognize Tille COm~elYing on the same. 11.. .:....r-/?//, /1
Purchasers/Borrowers Sellers --'HE' t.p;;- b.v~ r' r 7/).( ..f.,-
,,~y.~CITY OF CI;~!'!'J~l"t;t; J
to
EVANS LAND SURVEYING
IDe
to
CITY OF CLEARWATER-LIEN SEARCH
5.00
ALTA OWt'JER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
I
o.
POLICY OF TITLE INSURANCE ISSUED BY
91100054
t
t
t
+
+
I
t
t
t
('
-- -- -- - ....... -- - -- -~
STEWART TITLE
GUARANTY COMPANY
~~~~
RAGE, THE E
PULATIONS, S
of Date of Poli
Ie A, sustained 0
TrONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
hown in Schedule A, against loss or damage, not
curred by the insured by reason of:
SUBJECT TO THE EXCLUSIONS FROM C
SCHEDULE B AND THE CONDITIONS AND
corporation, herein called the Company, insures
exceeding the Amount of Insurance stated in Sc
1. Title to the estate or interest described in
2.
3. Unmarketability of the title;
4. Lack of a right of access to and
The Company will also pay the costs,
to the extent provided in the Conditions
IN WITNESS WHEREOF, Stewart T
duly authorized officers as of the Date of
Ie A being veSted other than as stated therein;
defense of the title, as insured, but only
this policy to be signed and sealed by its
Chairman of the Board
CO""'~ ~_~
Authbrized Signatory ~
Company
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (incl !lPtlimitfl1l tp building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vio inances or governmental regulations, except to the extent that a
notice of ~he enforce.mentthereof or a notice. of a defect, lien or'>7D~~fl\b~~nE~JI~~wJling from a violation or alleged violation affecting the land has been
recorded In the public records at Date of Policy. . .
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no 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 0
Policy . .
Serial No. 2111
16603
211 (Rev. 4-6-90)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to prose-
The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insured shall
(a) "insured": the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action
or defenses the Companr would have had against the named insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its
succeed to the interest 0 the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the
from purchase including, but not .limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all
personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit.
(b) "insured claimant": an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge ment, and (ii) in any other lawful act which in the opinion of the Company may
or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured.
defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required
matters affecting the land. cooperation, the Company's obligations to the insured under the policy shall ter-
(d) "land": the land described or referred to in Schedule A, and im~rove- minate, including any liability or obligation to defend, prosecute, or continue any
ments affixed thereto which by law constitute real property. The term \ land" litigation, with regard to the matter or matters requiring such cooperation.
does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE.
to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi-
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dam.
modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com-
insured by this palicy,. pany within 90 days after the insured claimant shall ascertain the facts giving rise
(e) \ martgage ': martgage, deed af trust, trust deed, ar ather security to. the lass ar damage. The praaf af lass ar damage shall describe the defect in,
instrument. ar lien or encumbrance an the title, ar other matter insured against by this palicy
(f) "public recards": recards established under state statutes at Date af Pol- which canstitutes the bosis af lass ar damage and shall state, to. the extent passi-
icy far the purpose af imparting canstructive natice af matters relating to. real ble, the basis af calculating the amaunt af the lass ar damage. If the Campany is
property to. purchasers far value and withaut knawledge. With respect to. Sectian prejudiced by the failure af the insured claimant to. pravide the required proof af
l(a)(iv) af the Exclusians Fram Caverage, "public recards" shall also. include lass ar damage, the Campa ny's obligatians to the insured under the palicy shall
enviranmental protectian liens filed in the recards af the clerk af the United Stotes terminate,in~c1udif1g aDylLabilityaJ 9bligotionJo.defend, prosecute,ar-continue
district caurtfar--the.distficHn .whidt the-jand isAocated. ..-..-a.ny litigatian, with regard to. the matterar matters requiring such praaf af lass ar
(g) "unmarketability af the title": an alleged ar apparent matter affecting damage.
the title to. the land, nat excluded ar excepted fram caverage, which wauld entitle In additian, the insured claimant may rea san ably be required to. submit to.
a purchaser af the estate ar interest described in Schedule A to. be released fram examinatian under oath by any autharized representative af the Campany and
the abligatian to. purchase by virtue af a cantractual canditian requiring the shall praduce far examinatian, inspectian and capying, at such reasanable times
delivery af marketable title. and places as may be designated by any authorized representative af the Cam.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pany, all recards, baaks, ledgers, checks, carrespandence and memaranda,
The caverage af this pal icy shall cantinue in farce as af Date af Palicy in whether bearing a date befare ar after Date af Policy, which reasanably pertain
favar af an insured anly sa lang as the insured retains an estate ar interest in the to. the lass ar damage. Further, if requested by any autharized representative af
land, ar halds an indebtedness secured by a purchase maney martgage given by the Campa ny, the insured claimant shall grant its permissian, in writing, far any
a purchaser fram the insured, ar anly sa lang as the insured shall have liability by autharized representative af the Campany to. examine, inspect and capy all
reasan af cavenants af warranty made by the insured in any transfer ar canvey- recards, baaks, ledgers, checks, carrespandence and memaranda in the custody
ance af the estate ar interest. This palicy shall nat cantinue in farce in favar af ar cantral af a third party, which reasanably pertain to. the lass ar damage. All
any purchaser fram the insured af either (i) an estate ar interest in the land, ar (ii) infarmatian designated as canfidential by the insured claimant pravided to. the
an indebtedness secured by a purchase maney martgage given to. the insured. Campany pursuant to. this Sectian shall nat be disclased to. athers unless, in the
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasanable judgment af the Campa ny, it is necessary in the administratian af the
The insured shall natify the Campany pramptly in writing (i) in case af any claim. Failure af the insured claimant to. submit far examinatian under aath, pro..
Iitigatian as set farth in Sectian 4(0.) be law, (ii) in case knawledge shall came to. duce ather reasanably requested infarmatian ar grant permissian to. secure rea-
an insured hereunder af any claim af title ar interest which is adverse to. the title sanably necessary infarmatian fram third parties as required in this paragraph
to. the estate ar interest, as insured, and which might cause lass or damage far shall terminate any liability af the Company under this palicy as to. that claim.
which the Campany may be liable by virtue af this palicy, ar (iii) if title to. the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
estate ar interest, as insured, is rejected as unmarketable. If prampt natice shall LIABILITY.
nat be given to. the Campa ny, then as to. the insured all liability af the Campany In case af a claim under this palicy, the Campany shall have the fallawing
shall terminate with regard to. the matter ar matters far which prampt natice is additianal aptians:
required; pravided, hawever, that failure to. natify the Campany shall in no. case (a) To Payor Tender Payment of the Amount of Insurance.
prejudice the rights af any insured under this palicy unless the Campany shall be To. pay ar tender payment af the amaunt of insurance under this palicy
prejudiced by the failure and then anly to. the extent af the prejudice. tagether with any casts, attarneys' fees and expenses incurred by the insured
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were autharized by the Campa ny, up to. the time af payment ar
CLAIMANT TO COOPERATE. tender af payment and which the Campany is abligated to. pay.
_~ igL~p()f1writtenrequ~st by the inSiJred .and subiElct.tathe aptians cantained._ .... . Upan. the exercise by the Company of this aptian, all liability and abligatians
in ~ectian 6 af these Candi~ans aria Stipulatians, the Campany, atits awn cast to. the insured under this.palicy; ather than to maRe the payment required, .snall
and withaut unreasanable delay, shall pravide for the defense af an insured in terminate, including any liability ar abligatian to. defend, prasecute, ar cantinue
litigatian in which any third party asserts a claim adverse to. the title ar interest as any litigatian, and the palicy shall be surrendered to. the Campany far
insured, but anly as to. thase stated causes af actian alleging a defect, lien ar cancellatian.
encumbrance ar ather matter insured against by this palicy. The Company shall (b) To Payor Otherwise Sellle With Parties Other than the Insured or
have the right to. select caunsel af its chaice (subject to. the right af the insured to. With the Insured Claimant.
abject far reasanable causel to. represent the insured as to. thase stated causes af (i) to. pay ar atherwise settle with ather parties far ar in the name af an
action and shall nat be liab e for and will nat pay the fees af any ather caunsel. insured claimant any claim insured against under this pal icy, tagether with any
The Campany will nat pay any fees, casts ar expenses incurred by the insured in casts, attarneys' fees and expenses incurred by the insured claimant which were
the defense af thase causes af actian which allege matters nat insured against by autharized by the Company up to. the time af payment and which the Campany
this pal icy. is abligated to. pay; ar
(b) The Campany shall have the right, at its awn cast, to. institute and prase. (ii) to. pay ar atherwise settle with the insured claimant the lass ar dam-
cute any actian ar praceeding ar to. do. any ather act which in its apinian may be age pravided far under this pal icy, tagether with any casts, attarneys' fees and
necessary ar desirable to. establish the title to. the estate ar interest, as insured, ar expenses incurred by the insured claimant which were autharized by the Cam-
to. prevent ar reduce lass ar damage to. the insured. The Campany may take any pany up to. the time af payment and which the Campany is abligated to. pay.
apprapriate actian under the terms af this palicy, whether ar nat it shall be liable Upan the exercise by the Campany af either af the aptians pravided far in
hereunder, and shall nat thereby cancede liability ar waive any pravisian af this paragraphs Ib)(i) ar (ii), the Campa ny's abligatians to. the insured under this pal.
palicy. If the Campany shall exercise its rights under this paragraph, it shall do. sa icy far the c aimed lass ar damage, ather than the payments required to. be
diligently. made, shall terminate, including any liability ar abligatian to. defend, prasecute
(c) Whenever the Company shall have braught an octian ar interposed a ar cantinue any litiQatian.
defense as required ar permitted by the pravisians af this pal icy, the Campany 7. DETERMINATION, EXTENT OF LIABILITY.
may pursue any litigatian to. final determinatian by a caurt af campetent jurisdic- This pal icy is a cantract af indemnity against actual manetary lass ar dam.
tian and expressly reserves the right, in its sale discretian, to. appeal fram any age sustained ar incurred by the insured claimant who. has suffered lass ar
adverse judgment ar arder. I damage by reasan af ratters insured against by this palicy and anly to. the .
extent herein described ~.
:-
(continued and concluded on last page of this policy)
AL TA OWNER'S POLICY
"ml s- .
I
J
-
'-
16603 SCHEDULE A
Order No.: 91100054 PolicyNO'O_2111_ 16603
Date of Policy: November 01, 1991 Amount of Insurance: $ 20.r 000.00
1. Name of Insured: CI'fY OF' CLEARWA'I'ER, 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:
The North 25 feet of Lot 13, REVISED MAP OF R.H. PADGETT
SUBDIVISION OF ORIGINAL LOT 5, according to the Plat thereof, as
recorded in Plat Book 4, Pages 32 through 41, inclusive, of the
Public Records of PINELLAS County, Florida.
REG. 0 0012
Page 2
STEWAR"r TI"I~I..I~
GUARANTY COMPANY
"
delete 1.
delete 2.
delete 3.
delete 4.
delete 5.
delete 6.
2113
AJ-- TA OWNER'S POLICY
Order No. 91100054
I
SCHEDULE B
I
Policy No.:
2111
O-~Q~16603
This policy does not insure against loss or damage by reason of the following:
I}tKIDt~~~~~~~Kkrooor~~
~feX::€~~~~KR~~IUt~~~.
1iR~~~xil1?Xl~~.ctisptK~XOtJlCmiImrXmE!ltlecx~MlXliOObec~'J.
~.~g~~X!~a:llt~bbll~kKKHk~mm:~s.
~R.~~1t~~lRk~xI~xw~~xQ:roma:mootxlR~~~~xkKXl:iOOed,
i~~ i<<xfOOOOltKx
(2)>KKJlNRK~~e:~_momlS~p~KlOlkIxK~XXxlmJmlK1eOO{}ti~tID;xit~xK~KfUnmxK
1too~mu.mck
AR}C.~~R~f~~XK~~~~Rx~~Xlx~k1k~xM~x~(h~X>X1f~~X~~~x
gO~~~~\OO{~RkM~RK*~xmttt~~~x~:X(t~ooomludRiOOc~~~~~~~~~ of
rmQ:~~Rf~~t~ot~xR~~~mc1xk)t~dd~~xlKkkOOctlJll~~xIm!~~~R~X
1~~~RR~<<~~~~1{Mj~R!K~1t~Itlc~~~~
7. Taxes for the year 19 92 and thereafter.
Page 3
STEWART TITLE
GUARANTY COMPANY
-,,'.
IONDITIONS AND STIPULATIONS Continuedl
(continued and concluded from reverse side of Policy i=ace)
(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.
U2.) (This paragraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accorpance 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.
AII/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com-
pany, the insured claimant shalltransler 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:
once 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 far arbitration is made or, at the option af 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
lacated permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
having iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall 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
:C'-
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAM E
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
,~~ -- -+- -+- --- --- -- -,+-- -- ---
"
- - ~ --- --- --- --- - - ~~.
SanctifY of ('onrraCi
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
POLICY
OF
TITLE
INSURANCE
~ -----------------------
.~
American Land Title Association Commitment - 1966
~ -of
!OMMITMENT FOR TITLE INSURAN!E
ISSUED BY
91100054
<if Conl(act
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 effectiv70nly when the identity of/the proposed Insured and the
amount of the policy or policies committed for have beenJnser~ed 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, bytthis Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
e1Aaurof$~
GUARANTY COMPANY
President
Company
City. State
Serial No. C - 9912- 7 8 7 2 2 0
005N Rev. 3/78
~
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 I nsured 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-
BER which appears on the bottom of the front of the first page of this commitment.
I
I
~
. ..
mls
SCHEDULE A
Commitment No.
9110-{}{}M--
Prepared For: CITY
-- re"~~i7~~e~~~:-
OF CLEARWATER, FLORIDA ----- f ...
-y ~-l-~'7-8 7 220
ourl\Jo.: -
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) DAOO-A Owner's Policy
$
2 0 ,iUlJL. 0 0
Proposed Insured:
CITY OF CLEARWATER, FLORIDA
(b) D AL TA Loan Policy
$
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
HETTIE LEE PAYNE
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
The North 25 feet of Lot 13, REVISED MAP OF R.H. PADGETT
SUBDIVISION OF ORIGINAL LOT 5, according to the Plat thereof, as
recorded in Plat Book 4, Pages 32 through 41, inclusive, of the
Public Records of PINELLAS County, Florida.
Page 2
of 4
STE""TART TITJ~E
2552
GU ARANTY COMPANY
I
SCHEDULE B
,
ORDER NO:
9110005.4
., ~
C-9912-787220
Commitment Number:
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
ffiCO~. Valid photo identification (ie: Driver's License, Passport) and
a) social security numbers required of all parties to the
transaction by the Insuror.
. b)
Name Affidavit from HETTIE LEE
HETTIE L. PAYNE; HATTIE LEE T
recorded in the Public Recor
s also known as
ATTIE LEE PAYNE, to be
Pinellas County, Florida.
Continued on next page
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims 0 ers, if any, created, first appearing in the public records or
attaching subsequent to the effective date here rior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon c by his Commitment.
sown
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments overla s
a Inspection of the premises.
2. Standard Exceptions:
ny In IVI ua
(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, $0.00.
and subsequent years, which
15/29/15/65214/005/0131
2153 (Rev. 3/80)
Page 3
of 4
STE'\VAH.T T'I'I'LE
GUARANTY COMPANY
4. Lr" "
I
CONTINUATION SHEET
SCHEDULE -'--
B
Order Number:
91100054
I
Commitment Number:
C-9912-787220
SCHEDULE B - PART I CONTINUED
Satisfaction of that certain mortgage from HETTIE LEE PAYNE in
favor of CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., filed
October 5, 1983 in Official Record Book 5617, Page 680 in the
principal amount of $6,300.00, thereafter modified in O.R.Book
5691, Page 1902 of the Public Records of PINELLAS County,
Florida.
, c)
d)
Warranty Deed to be executed from HETTIE LEE PAYNE, an unmarried
woman to CITY OF CLEARWATER, FLORIDA .
Page -4-of4
0055
STEWART TITLE
GUARANTY COMPANY
5TEWART TiTLEI..CD,MPA....Y of O-EAR.WATER? 'f0.
STC-vJA~T TITLE... 9UA~ANTEE.. WMfAr-JY .
CERTIFIED TO: ~rTY Of GLEA~WATE..I<...
I I
'l~? (PlAT)
I I
31.0 (/,1!A5.)
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7...
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/AC}T. fD CHAt.... UNK. FENCE.
(< X --X _._
70,0 (PLAT f: ""EAS.) 0 :5.!Z-.
2.'
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I. + 0) ~
3/.4-J(MI'N. \ , :,10. C>
'f ~_
+
A SURVEY OF the North
of original IDt 5
AS RECORDED IN PLAT BOOK
COUNTY, FLORIDA.
( flAT 4: MEAS.)
/5
295.
I?E. .
SECTION
TOWNSHIP
RANGE
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u
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L~._____...______
_:.~:~::...::::-T-_T
~ - ~OUL..D
STREE-T --
32
25.0" of IDt 13, Revised liap of R. H. Padgett's Subdivision
, OF PUBLIC RECORDS OF PINELLAS
1. DESCRIPTION AS PROVIDED BY CLIENT
2. SURVEY WAS PERFORMED WITHOUT BENEFIT OF AN ABSTRACT OF TITLE
3 OTHER THAN SHOWN ON PLAT THIS FIRM MADE NO ATIEMPT TO RESEARCH
INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS OF WAY.
AND/OR OWNERSHIP THAT MAY EXIST AND ARE NOT SHOWN ON THIS
SURVEY
4. NO UNDERGROUND INPROVEMENTS WERE LOCATED
FCM .FOUND CONCRETE MONUMENT PCP .PERMANENT CONTROL POINT
FIP .FOUND IRON PIPE PRM .PERMANENT REFERENCE MONUMENT
FPP .FOUND PINCH PIPE CONC .CONCRETE
FIR .FOUND IRON ROD ESMT .EASEMENT
FNID .FOUND NAIL IN DISK DRN -DRAINAGE
SNID .SET NAIL IN DISK M .MEASURED
SIR -SET IRON ROD C .CALCULATED
04
. PAGE(S)
EVANS LAND SURVEYING INC
2300 MAIN STREET
DUNEDIN FL 34698
UNIT H
813 734-3821
SURVEY TYPE
150 U N OC\.R.t':>HL-/
DATE INV NO
/0-'4--91 91-'!5t.7
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON
MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6
OF THE FLORI~AD~I.N)STRATIVE ~...
.~ J11~""~
LARRY L.E 'A S FLORIDA REGISTRATION NO 2937
JOHN C. BI R FLORIDA REGISTRATION NO 4888
(SURVEY INVALID WITHOUT EMBOSSED SEAL)
Return to: (encloso sol'-addlossod stamped onvelope)
91\00054
WARRANTY DEED
INDIVID. TO INDIVID.
I
Namo:
Add,...:
..'.--\ ~"'-~!'" < J ro;_:-; :'l,'t(,(r::"(o.;j ~";y:
~~'-~ ;:::.i."/"::'.,J~~' '{{'f~"\',. (~-,r ,.r:, :;-'~')'ln\'~: :\..'i'f:~H
'.'. MIKELL L. ST. GERMAIN
,.....':. ,. "-"~'''',___~.'' ..'.... "0.,,,.,
This Instrument Prepared by: CL:;'~(;)i~'3, FI, :i'1.,.."
~~.o. ~_S,)i 21~"~
Add,,,.: Ck),:l"f'~'jl~=:_:('j FL l~'~"4 '1
\Vhh:b iU~ln.\~1'liC~j~ \'r~;1.'.rcpa.'U~ ~~4\:iddU:4l1
10 wiitiolii Ill' ~ lid.: In.>llJIW~C P"II,",
t../;,~;j~ ('~.~,H~ ~~:~r.:;,:t
Property Appraisers Parcel Identification (Folio) Numberls):
Grantee!s! 5.5. 1(51:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
mitis DIIurruntu IIttb Made the 1st day of November, A.D. 19 91 by
HETTIE LEE PAYNE, an unmarried woman
hereinafter called the grantor, to
CITY OF CLEAR\~ATER, FLORIDA
whose post office address is
P.O. Box 4748, Clearwater, Florida 34617-4748
hereinafter called the grantee:
(Wherever used herein the tenu -grantor- and -grantee- Include aU the partie, to this Irwtrumenl and U.e
hoiro, logal repre.onlatiye. and ...Ign. or Indivld.al., and tho ....o..oro and ...igna or .orporation.)
.itntlllld~: That the grantor, for and in consideration of the sum of$ 10.00 and other
valuable considerations, receipt whereof is hereby aeknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirm.s unto the grantee all that certain land situate in Pinellas
County, State of Florlda, viz:
lbe North 25 feet of Lot 13, REVISED MAP OF R.H. PAJX;ETT SUBDIVISION OF ORIGINAL
LOT 5, according to the plat thereof, as recorded in Plat Book 4, Pages .
32 through 41, inclusive, of the Public Records of Pinellas County, Flon_da.
parcel no. 15/29/15/65214/005/0131
Grantors social security tl'~tJ5"3(1-02Y'Ycj(HETTIE)
mllgdlJtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
mil )taut anb tll )flllb. the same in fee simple forever.
1\nb the grantor hereby cQVenants with said grantee that the grantor is lawfully seized of Sa1:d land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby Wa?Tants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; a.nd tha.t sa.id land
is free of all encumbrances, except taxes aecru. ing subsequent to ~ Nov,ember 1, 1991, and
']( 11M it 11M" f all easements and restricfions o-f record.
,;un - ntllll _.,tttll . the su:td grantor nas slgned and sealed these presents the day and year first abQVe
written.
. Jj dtl, ~ ~\:J ~tv---c./
Signat.re d
mu
HETTIE LEE PAYNE
Printed Signat.re
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r 3579 Winston Dr.. Memphis. Tn. 38127
PIlOt Ofli.e Addr...
Signat.re
Signat.re
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Prinu,d Signat.re
Printed Signat.re
Signature
Poot om.o Add......
Prinu,d Signature
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that.on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared HETTIE LEE PAYNE, an unmarried ~voman
to me known to be the person described in and
who executed the foregcillg instrument and she acknowledged before me t!lat--S~ executed~he s me.
WITNESS,my hand BlJd official seal in the County and State last afore 8f~Jh~..'>)st da of .vember, ,A.D. 1991.
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' olary .gnat.re
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SEAL.
My Commist:.ion Expire!':: /
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N A M E
A F F I D A V I T
STATE OF FLORIDA
)
) SSe
)
COUNTY OF PINELLAS
BEFORE ME. PERSONALLY APPEARED HETTIE LEE PAYNE
WHO, AFTER BEING DULY SWORN. STATES THAT:
SHE IS ALSO KNOWN AS
HETTIE L. PAYNE
SHE IS ALSO KNOWN AS
HATIIE T lEE TIJRNER
SHE IS ALSO KNOWN AS
HATTIE LEE PAYNE
FURTHER. AFFIANT SAITH NOT.
Subscribed and sworn to this
1st
day of _ _ ~9 910
~- -
Public'
, ~ J
Notary
My Commission Expires V //--- ? --:,9 f/
r;~i::; hl~~nunef:t \V!:.~ rr('~,'-r\"d J,y:
STEWAilT nH,E fir CLEAI(WAIE'~
1-:): _.___}JJKELLJ._-ST.~GERMAIN
J],'?l) COl,r! ~;lnc1 .
Clcn'rfill"r, FL ~H..,l('
P.O. IS!). 2756
Ck~r'.nlei, Ft :H(,17
V.lllch !1l5!mmrr,1 wn~ flr~pl"ed ind,jenl..
t'J wdli!I'1. of ~ lille Imurane" Poli~y.
I
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.,",'tIIl,'f;l. of Con/lnrt
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
S'l~I~W A ll'r 'l~rl~I~E
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
AUTI-IORIZATION AND ACKNCMLEI:x;EMENT FORM
Reference:
FILE NO.
91100054
LEGAL
THE N 25' OF wr 13, REVISED MAP OF R.H. PADGETI' SUBDIVISION
OF ORIGINAL wr 5
SELLER
HETTIE LEE PAYNE
CITY OF CLEARWATER
BUYER
We hereby approve and acknowledge receipt of a copy of the Statement. and actual
cost (DISCLOSlJRE/SETl'LEMENT STATEMENf - HUD FORM 1) and authorized disbursement
of funds as shown therein this 1 day of NOVEMBER , 1991. We further
acknowledge that we understand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest infonnation available. If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. Stewart Title Company of Clearwater, Inc., will not be held
responsible. It is further understood that Stewart Title Conlpany 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 Conlpany Company of Clearwater, Inc.
. Stewart Title Company of Clearwater, Inc., will be not held responsible.
'llIAT ALL UITLITY BilLS (WATER, S~, EI:..ECmIC, M1\IN'I'EW\NCE FEES) HAVE BEEN PAID
OR WILL BE PAID lJR)N RFrEIPr OF FINAL BilLS.
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INITIALS
INITIALS
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' HETTIE LEE PAYNE
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CITY OF CLEARWATER
SELLER I S FORWARDING ADDRESS:
BUYER I S FORWARDING ADDRESS:
y'
PD, bov- t/ 7tjg
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HOME PHONE# /
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HCl'1E PHONE#
WORK PHONE# Jj 6 J. - t ~.~ 1]
WORK PHONE# ,I'
THIS IS TO FURTHER AUTHORIZE
CHANGES NECESSARY TO THE CLOSING STATEMENT.
A1#
TO APPROVE' ANY
STEWART TITLE COMPANY OF CLEARWA'fER, INC.
.,.
BY:
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,b 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
HEITIE LEE PAYNE
Seller or Owner-Borrower
N 25' OF LOr 13, REVISED MAP OF R.H. PADGETI' SUBDIVISION OF ORIGINAL LOr 5
Contractor (if new construction)
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
..1;2 ffli\ 'J/-</fJ/' .;Z-f/-cy1U
./'
,.
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDIT R .
Approximate Amount
/'
3. All labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been fully paid and satisfied, except: (If none, so state.)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS Approximate Amount
~~~/}I)_\ 7J -t (9 v/
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND A ITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED
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.
I realize that the purchaser and / or lender in this transaction are relying on the representation contained herein in purchasing
same or lend'ng money thereon and would not purchase same or lend money thereon unless said representations were made.
./ . ,. /7
/ A.-...{ .,-/C '
/ H IE LEE .pAYNE
SWORN TO AND SUBS RIBED BEFORE ME THIS
1
day of
NOVEMBER
19~.
Notary Publi
County,
j/// /.- 7-y'C/-
My Commission Expires: _
FlDRIDA
p,.." I/~R
NOTE: Thil form is to be signed by Kller in CAse of u.1e. If no Uk, it ilia be liped by lhe owner.bonower. If there ia any new con.INCtlon, the contraclor mUI' .110 join in this form
(w ,i"'n " .~_.,-~:I" \1f"!~
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,""'lIl1dil.Y oj (.'Ollll'llrt
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STEWAR~'l TI'l'lLE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
D I S C LOS U R E
We, the Owners of that certain real property located at
N 25' OF LCYI' 13, REVISED MAP OF R. H. PADGE'1T SUBDIVISION OF ORIGINAL LCYI' 5
Pinellas County, Florida, do hereby disclose the following facts
I HEREBY CERTIFY
the value or
known to me which may
of said property.
defects in said property which
desirability of said property, except as set forth above. I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer.
7
//j{it0, tJu Pri~
HE'ITIE LEE PAYNE
STATE OF
FLORIDA
~.
COUNTY OF
PINEILAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
1
DAY OF
NOVEMBER
19 91 .
My Commission Expires: ~/- ;;> -/~
/~J~
NoCtary Public
I
I
NON-FOHKLGN CEH'l'U'ICI\'l'ION BY INDIV JDUI\L, 'l'HJ\NSF'EHOH
1. Section 1445 of: the Internal Hevenue Cooe provides that a trd~lsferee ';.f a United
States real property interest must withhold tax if the transferor is jj foreign person.
2. In onlee to inform Lhe tnlllsferee Lhat withholding of Lax 1s not required upon Lhe
disposJUolI hy HEITIE LEE PAYNE
of lhe Unlted Slat~s real property described as follows:
THE N 25' OF LOr 13, REVISED MAP OF R.H. PADGET!' SUBDIVISION OF ORIGINAL LOr 5
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) alii (are) not non-resident alien(s) for purposes of United States income
taxation al1(1,
(b) My Unilcd Slates
N /\fI1 I!:
HETTIE LEE PAYNE
taypaper identifying llumber(s) (Social Security Number) is/are:
SOCI1\TJ s~:cunI1'Y NUl'1DER
1~ d(;'~-3~/-d?cPO
it
it
1/
(c) ~1y home fl(l<lress Js
(attached m]clJUonal page if necessary)
(<1) 'fhere are no othel- persons who have an ownership lnteL"est in the alJove-descd.bed
property oUIf:!r than those persons set forth above in subparagraph (b).
]. 'JlIe undersigned hereby further Certifies and declares:
(a) I (We) understand that the plrchaser of the above described property intends'
to rely on the foregoing representati.ons in connection with the United Stutes
[;'oreign Investment in Heal Property 'lux I\ct. (94 Stutute 2602 as ClIl1endetl).
(b) I (w(~) undersLllnd thls certification 1I0Y be disclosed to lhe Internal Hevenue
Service by t..-ans[eree nnd that nny false statement contained in this cerUficalion
llIi.lY bo 1)\ llli.fihed by HIIH, :I.llIprlsOlllllGllt or lXlth.
Under pCllulLJes of perjury I (we) declare I (we) have exalluned carefully lhis certi-
ficati.on and it is LnJe, correct and complete.
at PINELLAS
FLORIDA
Counly, .
/'Witness .',.
('1h1s dOCLUllent must be retained until the end of the fifth taxable year following the.'
taxable year in wh:lch the transfer takes place).
CONSUL'l' YOUll l\'l'roRNI~Y I\ND/OR 'l'1\X 1\DVISOH - NO REPHESEN'l'l\'l'ION OH RECQl\1I'1ENDI\'l'lON IS M1\DE OY
S'l'EW1\H'J.' 'J'l'J'Ll~ INSlJHl\NCI~ C()I1Pl\NY 1\ND/OH CONCEHNJNG 'mE
LEGl\L SUL;'L~JCIE:NCY 1\ND/OH 'J'I\X CONSQUI!.'NCI~S Oli' 'UllS OOCUI'1\i.Nl'. YOU Ml\Y BE REQUInED '1'0 FILE
1\ COpy OL~ 'l'IIT S DOClJMI;;N'l' W:I'l1l 'l'11I~ IN'l'EHN1\T. H1!NE:NlJl~ SJ~HV.lCI~. '.11 1I!:Sr: 1\H1~ QUI~Sl'lONS FOn YOUR
l\'l'l,()HNI~Y OH 'l'1\X 1\DVlSOH.
/1iLid :i- tJc~ ..
HEITIE LEE PlltNE '
,
S'l'l\'l'E OF
COUN'l'Y or
FLORIDA
PINELLAS
I IIEREOV n:H'l'H"l that on lIlls day, before me, an officer duly authorized in the state
aforesaid and in the County aforesaid to take acknowledgments, personally nppeared
HEITIE LEE PAYNE
to me known to be the persons described in and who executed the foregoing instrument
and Lhey admowledged before me that they executed the. same.
WI'l'NESS my hand and official seal in the County and
of NOVEMBER , 19 91
t aforesaid this
1
day
I I
INFORMATION FOR REAL ESTATE 1099-S REPORT FILING
,
Section 6045 of the Internal Revenue Code, as amended by the Tax
Reform Act of 1986, requires the 'reporting of certain information on
every real estate transaction. From the information you provide
below, a Form 1099-S will be produced, a copy of it will be furnished
to the I.R.S. and to you no later than January 31 of the next year,
and a copy may be sent to other third parties. If you fail to furnish
adequate information (in particular, a taxpayer 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:
91100054
/
Taxpayer 10 Number: Seller 1 /c1 b~'" E</-c1 f'SJO Seller 2
Taxpayer 10 Type:
2
(1 = business, 2 = individual)
SELLER 1 NAME:
Last:
PAYNE
First & Middle:
HETI'IE LEE
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
SELLER 1:
Street: //
r
Ci~:
./
3579 WINSTON DR.
MEMPHIS
st~e: TENN
. k
Z1p Code: 38127
SELLER 2:
Street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
NOVEMBER 1, 1991
Contract Sales Price: Seller 1 -
20,000.00
Seller 2 -
(If multiple sellers please allocate the sales pr1ce among the sellers)
Description of Property:
Street Address: 323 S. MADISON CLEARWATER, FL 34616
N 25' OF LOr 13, REVISED MAP OF R.H. PADGEITS SUBDIVISION OF
Legal Description: ORIGINAL LOr 5
Under penal ties of perjury, I, HETI'IE LEE PAYNE
(Name of Seller (s))
certify that the number shown on this form is my correct Taxpayer
Identification Number and that the other information is correct to the
best of my understanding and I understand that it will appear on a Form
1099-S that will be sent to me and to the Internal Revenue Service.
Date: // /1-)-- 9/ Seller - 1 Signature :///11--1/7:) "--1- (~~
HETI'IE LEE PAYNE
Date:
Seller - 2 Signature:
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name:
STEWART TITLE CCl1PANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT STREer
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918