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RUBY DIXON Return to: (enclose self-addressed stamped envelope) Name: I I WARRANTY DEED INDIVID. TO INDIVII:>, PINELLAS COUNTY FLA. .1 DI~F'.~:~I=(~~.~~~"?~?____!=~~~_~~:~~j~j. Addr.~:' 'QUw1-n ~ 91090110 ---------. 'l'hfll Jnllfrnment waz' prepared' by: r;r~ ART TITLE OF CLEARWATER By: MIKELL L. ST. GERMll INST . 91-280934 DCT 15, 1991 5:03PM This Instrument Prepared by: Add,...: 1290 Courl Stwet CleaPllater, FL 2-'~i316 VInllch InstrumGnt was tc writing 01 a Property Appraisers Parcel Identification (Folio) Number(s): Grantee[s) 5.5. #[s): SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA aI.ltill marrantv 1I.e.eb Made the!' /I)~ day of October, RUBY E. DIXON, a single woman hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is P.O. Box 4748, Clearwater, Florida 34617 A.D. 19 91 by hereinafter called the grantee: (Wherever used herein the terms "grantDr" and "grantee" include all the parties tD thi. instrument and the hei..., legal representative. and aa.ign. of individuals, and the sueees.o... and ....ign. of eorparation.) .ftnelllldlt: That the grantor, for and in consideration of the sum of $ 10, 00 and other valuable considerations, receipt whereofis hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confir:ms unto the grantee all that certain land situate in Pinellas County, State of Florida , viz: Lot Twenty-One (21) in R.H. PADGETT'S SUBDIVISION of the South East 1/4 of the North West 1/4 of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 2, Page 63 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. NOW KNOWN AS: Lot 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 96 of the Public Records of Pinellas County, Florida, Parcel no. 15/29/15/2l62.P/000/0210 Grantors social sec. II"" ~SS- -~-q-f9Lf- (RUBY) ~: . T mngttlyer. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. mn )fane anb tn ]I{nlb. the same in fee simple forever. Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee , simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the sam, e against the lawful claims 91JJJl_p'e_rsons whomsoever~' and that said land is free of all encumbrances, except taxes accruing subsequent to~~~:li~XX 9ctoDer 15, 1991, and J .it .... f e.a.semeuts, and re..str1ction.s of record . n nellll "reten. the saw grantor nas stgnea ana sealea_rn.ese presents fne day and year first above . written. ... \1 IH-~TO l"..~ .,'"",.."..~...l:...,l../, ' K ;';'c'~?O;~.. f .a 1'-; /'J Prin Signature- - wd.L-~ 'Signature WITNESS ~ 1A/;IJ;~ Printed Signature RUBY E. IXON Printed Signature -' 112~~ut..-D I)T Post Office ..... ~vJ4--mc.1 ::fL 3~16 t</'iL~,Y... Signature l*'~;f"~',fj:~.!,~'~~:: :'~ ',1, ,__;J2{J~, Signature trD I., ___, _ _ __ - 9~.:....:-.:.:..,.._:...-::.::::._._.:...__ -::.:____ '",~, :,::'l'~:.TJX .1"11;-- - Printed Signature t~2;-:'~ ,:1 r. 'J: ":~:;:,~:i1:- r>,,,.;:: ~ .' ".J "" Printed Signature Signature 'ft , Post Office Address Printed 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 RUBY E. DIXON, a single woman to me known to be the person described in and who executed the foregoing instru,men,t and she acknowledged before me that she, ~cuted the same. WITNESS my hand and offic!~lseal in the County and State last aforesaid this..... /'d~(jay of October .:. . /, 1'/ /. " ,..--;-.,., A ,.?' , '. .:' ,.' ':.::. ..... t/U~--- J d/~' . .. . Notary Signature -. SEAL .' , A.D. 19 91 -~ KARLEEN F. DEBLAKER, CLERK E~I= ~,,~E~~I__~I~~~:~~~r~_~~~w /;2 -0/ g- - 08Y t;ON THA(;I ...Ok ~AL'" hh.... "'h"""'F )f (Phone ,('~"I, ), , ("Buyer"), ind )f (Phone ), lereby agree that the Seller shall sell and Buyer shall buy the following real property("Real Property") and personal property ("Personalty") (collectively"Property") upon the following :arms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attaChed ("Standardls)") and any addendum to thiS Instrument. DESCRIPTION.: (a) Legal description of Real Property locite~i'f. 'liS a.C (b) Street address, city, zip, of the Property is: (c) Personalty: il. Jf ~. D 0 CJ i D 0 PURCHASE PRiCE.............................................................:................. ........ ................. ....... .. ................... $ PAYMENT: / (a) Deposit(s) to be held in escrow by N I /-1- In the amount of $ (b) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of $ (c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein, in amouht of .... $ (d) Other: $ (e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations.. ........ $ . L.f 5, D 0 0 i 00 II. TIME FOR, A~CEPTA Ei EFFE ~ DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties m or before e I , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. ha date 0; this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. V,' FINANCING: (a) If the purchase price or any part PHt is to be financed bya third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer btaining a written commitment for the loan within bLtJ"l days from Effective Date, at an in. ial interest rate not to exceed %; term of years; ind in the principal alTlOljht of $ , Buyer will make application within J /1-' days from Effective Date, and use reasonable di.ligen~e to obtain the loan com- 'litent and, thereafter, to meet the terms and condi"ons of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and, Jromptty notifies Seller in writing, or after diligent effort. fails to meet the terms and conditions of the commitment or to .waive Buyer's rights under this subparagraph within the time ;tated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) Oa fixed interest rate of % per annum. ..t time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within _ Jays from Effective Date, furnish a statement from all mortgagaes stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume ' , mortgage which requires approval of Buyar by the mortgagee for r,ljljmption, then Buyer shall promptly obtain all required, apPlicatio,ns and will diligently complete and return them J the mortgagee. Any mortgagee charge(s) not to exceed $ 1-/ t:! shall be paid by (if not filled in, equally divided). If the Buyer is not accepted )y mortgagee or the requirements for assumption are not in accorbance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or iuyer may rescind this Contract by j"mpt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. I. nTLE EVIDENCE: At least ,. . days before closing date, Sell~r shall, at Seller's expense, deliver to B~er Of Buyer's attorney, in accordance with Standard A, (Check (1) Jr(2)):(1) o abstract of title OR (2) fA title insurance commitmenl. : Dr- . e~9 Y' e..- ll. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on O<':r. i:5, q l. unless extended by other provisions of Contract. 'II. RESTRICTtONS; EASEMENTS; LIMITATIONS; Buyer shllJl take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions nd 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 :)t more than 10 feet in width as to the rear or front Iirles and 7'12 feet in width as to the side lines, unless otherwise specified herein); taxes for year or closing and subsequent ears; assumed mortgages and purchase money mortgages, if any; other: " rovided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for purpose(s). '11I. 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 18reofshall be stated herein, a~ the tenant(s) or occupants~sed pursuant to Standard F., Seller agrees to deliver occupancy of Property at time of cloSing unless otherwise :ated 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 18t date, and shall be deemed to have ac~epted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. ~. INSULATION RIDER: If Contract is utilized for th~ sale of a new residence, the Insulation Rider or equivalent may be attached. {I. COASTAL CONSTRUCTION CONTROL LINE (,"CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S., (1985), as amended, hall apply and the CCCL Rider Qr equivalent may be attached to this Contract. <U. .FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"' RIDER: The parties shall comply with the prOVisions of FIRPTA and applicable regulations which could ;quire Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or eqUivalent may be attached to this Contract. :11I. ASSIGNA~ILlTY: (CHECK (1) or (2)): Buyer ( 1) 0 may assign OR (2).31 may not assign Contract. ~IV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached OR (2) 0 is not applicable. 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 APPROVEO BY THE FLORIDA ASSOCIATION OF REALTORS AN THE FLORIDA BAR. Approval does not constitufe an opinion thaf any of fhe tenns and conditions in this ContJact should be accepted by the parfies in a particular tJansaction. Terms and c ditions should be negotiated based upon the respective interests, objectives and bargaining ositions of all interested persons. YRIGHT 1988 BY THE FLORIDA BA~ ~D .2:H:!LO SOC N OF R ALTORS, INC. 1]0 6,., 6; If 71 ~S/fl Date Clerk o/-&'/f/ Date I Date !\ocial Security or T Date (Seller) Social Security or Tax 1.0. # a r~' aVDUn1SS10ner ~poslt s) undllf ~l< I:f--rec ed; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 'lOKER'S FEE: (CHECK & COMPLETE THEONE APPUCABLE) By: ] IF A LISTING A(l,R'E~M-6NT IS CURRENTLY IN EFFECT: . SeUer agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate lisling agreement: 'I 1 (Escrow Agent) IF NO LISTING AGREEMENT IS CU~RENTLY IN EFFECT: I Seller shall pay the Broker .named low, at time or closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE) - % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing 'ntracl. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker, as full consideration for Broker's 'vices Inqluding costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller shall I the full fee to Broker on demand. In any litigation arising out ot the Contract concerning the Broker's lee, the prevailing party shall recover reasonable attorney fees and costs. ;aJ at-i- t:( W{l V- (( 'R+>t; If "'- ]:./"'C.. /l LLJa.v- r:\ J; f-I e 'rn- i.t (firm name of Brokerf l J (name of cooperating sub-agent) , ( Seller) (authorized signatory) (Seller) STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract 01 title pmpared or brouCJht current by a reputable and existing abstract firm (it not existing then certified as correct by an existing fin purporting to be an acclIr::te synopsis of the instruments allecting title to Real Property recorrled in the public mcords of the county wherein Real Property is located, through Effecti Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing 01 this transaction the abstract shall becol' the property of Buyer, subJ8ct to the right of retention thereof by first mortgagee until fully paid. (2) A title insulFlnce commitment issued by a Florida licensed title insurer agreei to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the ourchase price, insuring Buyer's title to Real Properly, subject or to liens, e:1cumbrances, exceptions or Qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marl<etat title subject only to liens, encumbrances, exceptions or Qualifications set forth in Contract., Marketable title shall be determined according to applicable Title Standards adopted I authonty 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 examil it. If title is found defective, Buyer shall; within 3 days, notify Seller in writing specilying defect(s). If the delect(s) render title unmarketable, Seller will have .120 days from recel of notice within which to remove the defect(s), faili(lg which Buyer shall have the option of either accepting the tille as it then is or demanding a refund of deposit(s) paid whl< shall immediately be returned to Buyer; thereupon Buyer and Seller sh<111 release one another, of all further obligations under the Contract. Seller will, if title is found unrriarketab' use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suils. B. PURCHASE MONEY. MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period the event of default ff a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepaymf:lnt in whole or in part without penalty: sh not permit acceler-atioh .ar- inlGrest a(jlustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modificatio! of or futum advances'under priormortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only requi clauses cusloma(~y found in mortgaqes, mortgage notes, and security agreements generally utilized by saving and loan, instilutions, or state or national baRks located 'in the coun wherein Reaf Pr.operty is .Iocated, Ail- Per;;onalty and leases being conveyed or aS$igned will, at Seller's option, be subject to the lien of a security agreement evidenced by recora, financing slaiatylents, If, a lial!oon. mortgage;. t1~ final payment will exceed the periodic payments thereon. C, SURV~ Suyer, .at Buyer's ~;pense, within time allowed to deliver evidence 01 title and to examine same, m:ly have Real Property surveyed and certified by a registered Flori, survey(l... ~(vey SI10W~.enr'.roachinent on Roal Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictiol Contract cove,nants or applicable governmental regulation, the same shall constitute a title defect. D. TEFWlI~: -Buyer, at BUyer.s expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Cont, Operato;:;to, Qetemiine if there is any.visi81e active t8rmite infestation or visible existing,.damage from termite infestation in the improvements. If either or both are found, Buyer v have :I days frflm date of written !1Olice t/lereol, will' " which to have all damages; w)lether visible or not, inspected and estimated by a licensed builder or general contractor, Sel! il1nll pay vatid'Costs of 1refltment.rnid repair of all rlamage up to 2'/0 ,.f'Piirch~se,price: SI'-ould such costs exceed that amount; Buyer shall have the option of cancelling Contra ';Jitl~n 5 d"yS- after receipt of contractor's repair estimate by giving wrjl.len>noHce "to Seller or Buyer may elect to proceed with the transaction, in which ev'~nt Buyer shall recei\ a cr',dit ;1t closing o( an,amount equal to Ihe total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all woe destroying organi~ms rel]Uired to be reported uncler 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 intended use as described in Paragraph VII heree !ille to whi<::h 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 from each tenant speCifying the nature and duratk 0f 'h8 tenant's occupancy, rental rat"s,advanced rent and security deposils paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information ,shall t !urnished by Seller to, Buyer witllin thaI time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closin d(.iiv,'r and assign all original leases to Buyer. .G. LIENS: Sel:~r shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien r potential lienor:; known to Seller and further altestingthat there have been no improvements or repairs to Property for 90 days immediately preceding date of ClOSing. If Propen h~s been improved, or "'paired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by aU general contractors, subcontractors, suppliers, and materialmEi in addition to S:lller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvement or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing. H. "LACE,OF CLOSING: Closing shall be held in the county where Rea: Property is located, at tile office of the attorney or other closing agent designated by Seller. ' I, TIME: Time is of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holiday! <md any tirr.' period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENTS, FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic.s lien affidavit, assignments of leases, tenant aAd mortgageeestoppellellers, and corrective instrument~ eJyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPEN~'ES: Documentary stamps pn the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase mone mortgage to Seller, deed and financing statements shall be paid by Buyer. . L. PRORATiONS; CREDITS: Taxe, s, assessments, rent, interest, insurance and other expenses and revenue of ~Qperty shall be prorated through .day before closing. Buyer shall hav 'he option of taking over any existing policies of insurance, if assumable, in which event premiums shall be ~{)rated, Cash at closing shall be increased or decreased as may b '''Quired 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 an escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discoun homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated base '-'pon such assessment and the prior year's milla.Qe. If current year's assessment is not available, then taxes will be proratep onthe Rrior year's tax. If there are completed improvement on 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 prie year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County property Appraiser for, an informal assessmer taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seifer, bf:l subsequently readjusted upon receipt of tax bi 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 (and not' as of Effective Date) are to be paid by Seller. Pendin 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 as certifier r.onfirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wall do not have any VISIBLE EVIDENCE of leaks or water damage ano that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery ar in WORKtNG CONDITION. Buyer may, at Buyer's' expense, have inspections made of those' items by an appropriately Florida licensed person dealing in the construction, repair o. :11aintenance of, those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior t, 8uyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller' warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for such repairs or replacements by an appropriatel' ,.'Iorida licensed person selected by Seller. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may, elect to pay slJCh excesS, failing, whic' .o'ther 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 reasonabl, notice, provide utilities, service for inspections. Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio. ht'rein warranted, ordinary wear and tear excepted. Buyer shall be permitted acCess for inspection of Property prior to c1o~ing in order, to. confirm compliance with this Standarc O. RISK OF LOSS:,1f the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed vatuation of the Property s' ,.Jamaged, 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 closin!l. If the co~ of restoration exceeds 3% of the assessed valuation of the impmvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% c any insurance proceeds payable by virtue of such loss or damage. or of cancelling Contract and receiving return of deposit(s). P. PROCEEDS OF SALEj CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to shov title in Buyer, without any encumbrances or change which would render Seller's tille unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrov 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 unmarketabk through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in wriling of the defect and Seller shall have 30 days from date of receipt of such notification to cur. the defect If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to 8uyer and simultaneously wit sUCtl repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buye "il1'II 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 portio I ,I the purchase price is to be derived from institutional financing or refinancing, r~Quirements of the lending institution as to place, time of day and procedures for closing, and fo , disbursement of mortgage proceeds sllall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment th" , it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure reqUired by this Standar, ,nay be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 0, ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and aqrees by acceptance of them to deposit them promptly, hold same in escrow and, subjec :0 clearance, disburse them in accordance with terms and conditions at Contract Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's dutie 'i liabilities 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 disbursemen' r until a judgment of a court of competent jurisdiction shall determine the rigllts of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of th. :i.~:)ute. 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 delivere, J'.it of escrcw. If a licensed real estate broker, Agent will comply with proviSions of Cllapter 475, F.S. (1987), as amended. Any suit between .Buyer and Seller where Agent is mad, 1 :.J;1rty because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of tile escrow, Agent shall recover reasonable altorney's fees and cost, , .Ir'~d with the fees and costs to be c1larged and assessed as court costs in favor, 01 the prevailing party. Parties agree that Agent shall not be liable to any party or persol -r mi3delivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. ATTORNEY FEES; COSTS: In any litigation arising out of this Contrapt, the prevailing party shall be entitled to recover reasonable altorney's feeS" and Gosts. ;. FAILURE OF PERFORMANCE: If Buyer fails to.perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retaine' or for the account of Seller as agreed upon liquidated damages, considHation for tile execution of this Contract and in full settlement of any claims: whereupon, Buyer and Selle ',;1il be relieved of all obligations under Contract; or, Sell:')r, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failur' :3811er to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receiV' . ,l1 return of Buyer's deposit(s) Witll0Ut thereby waiving any action for damagesresultin'd from Seller'srbreacll. CONTRACT NOT RECORDABLE; PERSONS BOUNDj NOTiCE: Neither this Contract nor any notice of il shall be recorded in any public records. This Contract shall bind 8n' ile to the benefit of the parties and their successors in interest. Whenever Ire context permits, singular' shall include plural and one gender shall include all. Notice given by 0' ':',e attorney for any party shall be as effective as if \jiven by or to that party. ';;ONVEYANCE: Sailer shall convey title to Real Property by statutory warr<1nty, trustpe.s, personalrepresent,3tive's or guardian's deed, as appropriate to the status of Seller, S'Jbjee y t,) matters contained in Paragraph VII and those otherwise accepted by Buyer. Personcllty sl1all, at request 01 Buyer, be transferred by an absolute bill of sale, with warrant, title, SUbject only to such matters .as may be otherwise provided for herein. , OTHER AGREEMENTS: No prior or present agreements or representations shall be l1inding upon Buyer or Seller unless included in tl1is Contract. No modification or change h '; Contract sl1all be valid or binding upon the parties unless in writing '1!'Q.execute,j by Il1e p:1rty or parties intended to be bound bi it. WARRANTIES: Setter warrants that there are no facts known to Seller matenally ~ffecting the value of IIle Real Properly which are not readily observable by Buyer orwhicl It' not been disclosed to Suyer. I r J I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: FROM: RE: DATE: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~ Purchase from Ruby E. Dixon - Lot 21, Mac Dixon's 1st Addition November 4, 1991 As a follow-up to my memorandum of October 15, 1991, enclosed are the original warranty deed, the title policy and the revised survey. MAG:jmp Enclosures ALTA.oWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS " I ~ " -~ POLICY OF TITLE INSURANCE ISSUED BY 91090110 STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM CctlfRAGE, THE E SCHEDULE B AND THE CONDITIONS AND 9IlIPULATIONS, ST 'j" corporation, herein called the Company, insures".,,', of Date of POliC, exceeding the Amount of Insurance stated in Sch~llle A, sustained 0 TIONS 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: 1. Title to the estate or interest described in Set1.le A being V6stedother than as stated therein; 2. Any defect in or lien or encumbrance on th~Jitle; 3. Unmarketability of the title; 4. Lack of a right of access to and frg'l[1 The Company will also pay the costs,~ to the extent provided in the Conditions ~~ nr:~ defense of the title, as insured, but only IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date of this policy to be signed and sealed by its Chairman of the Board CO~ ~~ ^,,"~i,,d Si'M"~ Company City, State .Q)V.,AGE Weith' Company will not pay loss or domage, costs, attorneys' fees or The following matters are expressly excluded from the cove expenses which orise by reason of: 1. (0) Any law, ordinance or governmental regulation (indlilnlt~dtobuilding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or reloting to (i) the occuponcy, use, or'i) the chorocter, dimensions or location of any improvement now or hereafter erected on the land; (iii) 0 separation in ownership 0 ns or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any vio inances or governmental regulations, except to the extent that a notice of the enforcement thereof or 0 notice of 0 defect, lien or,encumbrance resulting from a violotion or alleged violation offecting the land has been recorded in the public records ot Date of Policy. ..'iJn('lIIJ (If (ollfrao (b) Any governmental police power not excluded by (a) obove, 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 Dote 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 c10ims or other matters: (0) created, suffered, assumed or ogreed to by the insured c1aimont; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured c10imant ond not disclosed in writing to the Company by the insured c1oimont prior to the dote the insured c1aimont became on insured under this policy; (c) resulting in no loss or damoge to the insured claimant; (d) ottaching or created subsequent to Dote of Policy; or (e) resulting in loss or damoge which would not have been sustained if the insured claimant had paid volue for the estate or interest insured by this policy. 4. Any c1oim, 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 bonkruptcy, state insolvency, or similar creditors' rights lows. Page 1 of Policy 0-2111- Serial No. --..,....-...-...=-~- 15978 211 (Rev. 4.6,90) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured"; the insured named in Schedule A, and, subject to any rights or defenses the Companr would have had against the named insured, those who succeed to the interest 0 the named insured by operation of law as distinguished from purchase including, but not .limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured c1oimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to on insured by reason of the public records os defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and imerove. ments affixed thereto which by law constitute reol property. The term \ land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, olleys, lanes, ways or woterways, but nothing herein sholl modify or limit the extent to which a right of access to and from the land is insured by this policy,. (e) 'mortgoge ': mortgage, deed of trust, trust deed, or other security instrument. (f) "public records"; records established under state statutes at Date of Pol. icy for the purpose of importing constructive notice of motters reloting to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district courtIor the district in which the land is located. . (g) "un marketability of the title": an olleged or apparent matter offecting the title to the land, not excluded or excepted from coverage, which would entitle o purchaser o,f the estate or interest described in Schedule A to be releosed from the obligation to purchase by virtue of a controctuol condition requiring the deliverr of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy sholl continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long os the insured shall have liability by reason of covenants of warranty mode by the insured in ony transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the lond, or (ii) an indebtedness secured by a 'purchase moner mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(0) below, (ii) in case knowledge sholl come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, ond which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketoble. If prompt notice shall not be given to the Compo ny, then as to the insured 011 liability of the Company shall terminate with regard to the motter or matters for which prompt notice is required; provided, however, that failure to notify the Company sholl in no case prejudice the rights of ony insured under this policy unless the Company shall be prejudiced by the failure ond then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained --- inSecfton-6- or tRese' Conaitions andStipolatiohs, the-Company, at its own cost " and without unreasonable delay, sholl provide for the defense of an insured in litigation in which any third party osserts a claim adverse to the title or interest as insured, but only os to those stated causes of action alleging a defect, lien or encumbrance or other motter insured against by this policy. The Company sholl hove the right to select counsel of its choice (subject to the right of the insured to object for reasonable causel to represent the insured as to those stoted causes of action and sholl not be liab e for and will not pay the fees of any other counsel. The Com pony will not pay any fees, costs or expenses incurred by the insured in the defense of those couses of oction which allege matters not insured ogoinst by this policy. (b) The Company shall have the right, at its own cost, to institute ond prose- cute ony oction or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, os insured, or to prevent or reduce loss or damage to the insured. The Company may toke any appropriate oction under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liobility or woive any provision of this policy. If the Company shall exercise its rights under this parograph, it shall do so diligently. (c) Whenever the Compony shall have brought on action or interposed a defense as required or permitted by the provisions of this policy, the Compony may pursue ony litigation to final determinotion by a court of competent jurisdic- tion and expressly reserves the right, in its sole discretion, to appeol from any ad~erse i!;'dgrnent or order. , (el) In all cases where this policy permits or requires the Compony to/rose- cute or provide for the defense of any action or proceeding, the insure shall secure to the Company the right to so prosecute or provide defense in the oction or proceeding, and 011 appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, ot the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in ony other lawful act which in the opinion of the Compony moy be necessary or desirable to establish the title to the estate or interest os insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy sholl ter- minate, including any liability or obligotion to defend, prosecute, or continue ony litigotion, with regard to the matter or motters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or dam- age signed and sworn to by the insured claimant shall be furnished to the Com, pony within 90 days after the insured c1aimont sholl oscertoin the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other motter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damoge. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Compo ny's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter.,or matters requiringsuchpreof of loss or--.. damage. In addition, the insured claimont may reo son ably be required to submit to examinotion under oath by ony authorized representative of the Company ond sholl produce for examination, inspection and copying, at such reasonoble times ond places as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence ond memoranda, whether beoring a dote before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by ony authorized representative of the Company, the insured claimant shall gront its permission, in writing, for any authorized representotive of the Company to examine, inspect and copy 011 records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damoge. All information designoted os confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonoble judgment of the Company, it is necessary in the odministrotion of the c1oim. Failure of the insured c1aimont to submit for examinotion under ooth, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this poragraph shall terminate any liability of the Compony under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of 0 claim under this policy, the Compony sholl have the following odditionol options: (a) To Payor Tender Payment of the Amount of Insurance. To poy or tender poyment of the amount of insurance under this policy together with any costs, attorneys' fees ond expenses incurred by the insured c1aimont, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligoted to pay. ,. , ,U~o_n_the ex~rcise~}' th~ ~o~po.ny~f-'his option,~ability o-"~ ?~Iigotions, to the-msured unCler tRls poliCY; oTher fhan to mol<eThe poyment requlrea;51'ia1t terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the nome of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured c10imant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or dam- age provided for under this policy, together with ony costs, ottorneys' fees ond expenses incurred by the insured claimant which were authorized by the Com. pony up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in parographs Ib)(i) or (ii), the Compony's obligations to the insured under this pol- icy for the c aimed loss or damage, other than the poyments required to be mode, shall terminate, including any liability or obligation to defend, prosecute or continue ony litiQotion. 7. DETERMINATION, EXTENT OF LIABILITY. This policy is a contract of indemnity agoinst actual monetary loss or dam- age sustoined or incurred by the insured claimant who has suffered loss or damage by reoson of latters insured against by this policy and only to the extent herein described. '- . . . ~ (continued and concluded on last page of this policy) AL TA OWNER'S POLICY mls', .. I I 15978 SCHEDULE A Order No.: 91090110 Date of Policy: October 15, 1991 Policy No,: 0_2111_:15978 Amount of Insurance: $ 45,000.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA 4. The land referred to in this policy is described as follows: Lot Twenty-one (21) in R.H. PADGETT'S SUBDIVISION of the South East 1/4 of the North West 1/4 of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 2, Page 63 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. NOW KNOWN AS: Lot 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 96 of the Public Records of PINELLAS County, Florida. REG. 0 0012 Page 2 STEWART TI"rI...E GUARANTY COMPANY Order No. 91U9UIIU I I "" SCHEDULE B 2111 Policy No,: 0-~-15978 ~ AL TA OWNER'S POLICY delete 1. delete 2. 3. delete 4. delete 5. delete 6. 2113 This policy does not insure against loss or damage by reason of the following: ~'~R~ft~~~~R~~~ ~~IOOOt~~~~~i. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises, ~~~:ti~~X~Jl~~JDOcncmM~litt~~~~~M:U~R~~d, i~BBPHJ~~~SbB8b~~MBc~~~ ~~~RfU~~K~~~K~~R'4t~KAA~~~~lPlodcRl{~K~~~~kx XAA~~KX ~~~~KKk~m:I~~xIm1K:x:ocKxboooodot!lD:xpr~xoonpomtixros, ~RmMt~~~~xkK~iOOc~~~x~*~~~Rk~~~f rx!ll(jgabt~~~~~xtl~~x~~~~xAA~x I~~romlim~~~~~~~~~' 7. Taxes for the year 19 92md thereafter. 8. Subject to encroachment (0.7') of house into adjacent Lot 20, as shown in print of survey by EVANS LAND SURVEYING, dated September 25, 1991. Page 3 STEWART TITLE GUARANTY COMPANY -~".. JONDITIONS AND STIPULATIONS Continued I (continued and concluded from reverse side of Policy Face) (a) The liability of the Compony under this policy shall not exceed the If a payment on account of 0 claim does not fully cover the loss of the least o~: insured claimant, the Company shall be subrogated to these rights ond remedies (i) the Amount of Insurance stated in Schedule A, or, in the proportion which the Company's payment bears to the whole amount of (ii) the difference between the value of the insured estote or interest the loss. as insured and the value of the insured estote or interest subject to the defect, If loss should result from any act of the insured claimant, as stoted above, lien or encumbrance insured ogainst by this policy. that act sholl not void this policy, but the Company, in that event, shall be ili) (This paraaraph removed in Florida policies.) required tOlay only thot port of ony losses insured against by this policy which (c) The Company will pay only those costs, attorneys' fees and expenses sholl excee the amount, if any, lost to the Company by reason of the impair- incurred in accor~once with Section 4 of the Conditions and Stipulations. ment by the insured claimant of the Company's right of subrogotion. 8. APPORTIONMENT. (b) The Company's Rights Against Non-insured Obligors. If the land described in Schedule A consists of two or more parcels which are The Compony's right of subrogation against non-insured obligors shall exist not used as a single site, and a loss is established affecting one or more of the and shall include, without limitation, the rights of the insured to indemnities, gua- p'arcels but not all, the loss shall be computed and settled on a pro rata basis as ronties, other policies of insurance or bonds, notwithstanding ony terms or condi- If the amount of insurance under this policy was divided pro rata as to the value tions contained in those instruments which provide for subrogotion rights by rea- on Date of Policy of each separate parcel to the whole, exclusive of any son of this policy. improvements made subsequent to Date of Policy, unless a liability or value has 14. ARBITRATION otherwise been agreed upon as to each parcel by the Company and the insured Unless prohibited by opplicable law, orbitrotion pursuant to the Title Insur: at the time of the issuance of this policy and shown by an express statement or by ance Arbitration Rules of the American Arbitration Association moy be demanded an endorsement attached to this policy. if aareed to by both the Company and the insured. Arbitrable matters may 9, LIMITATION OF LIABILITY. include, but are not limited to, any controversy or claim between the Company (a) If the Campany establishes the title, or removes the alleged defect, lien and the insured arising out of or relating to this policy, any service of the or encumbrance, or cures the lack of a right of occess to or from the land, or _ _ _ _ cures the c10im of unmarketability of title, all as insured, in a reasonably diligent Company in connection with its issuance or the breoch of 0 policy provision or manner by any method, including litigotion and the completion of any appeals other obligation. Arbitration pursuant to this policy and under the Rules in effect therefrom, it shall have fully performed its obligations with respect to that matter on the date the demand for arbitration is made or, at the option of the insured, and shall not be liable for any loss or damage caused thereby. the Rules in effect at Date of Policy shall be bindina upon the parties. The award (b) In the event of any litigation, including litigation by the Company or with may include attorneys' fees only if the laws of the state in which the land is the Company's consent, the Company shall have no liability for loss or damage located permit a court to award attorneys' fees to a prevailing porty. Judgment until there has been a finol determinotion by a court of competent jurisdiction, upon the oward rendered by the Arbitrator!s) may be entered in any court and disposition of all appeals therefrom, adverse to the title as insured. having iurisdiction thereof. (c) The Company shall not be liable for loss or domage to any insured for The law of the situs of the land shall apply to an arbitration under the Title liability voluntarily assumed by the insured in settling any claim or suit without the Insurance Arbitrotion Rules, prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF A copy of the Rules may be obtained from the Company upon request. LIABILITY, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT, AII/ayments under this policy, except poyments made for costs, attorneys' (a) This policy together with all endorsements, if any, attoched hereto by fees an expenses, shall reduce the amount of the insurance pro tanto. the Compony is the entire policy and contract between the insured and the Com. 11. LIABILITY NONCUMULATIVE. pany. In interpreting any provision of this policy, this policy shall be construed as It is expressly understood that the amount of insurance under this policy a whole. shall be reduced by any amount the Company may pay under any policy insuring (b) Any claim of loss or damage, whether or not based on negligence, and a mortgage to which exception is taken in Schedule B or to which the insured which arises out of the status of the title to the estate or interest covered hereby or has agreed, assumed, or taken subject, or which is hereafter executed by an by ony action asserting such claim, shall be restricted to this policy. insured and which is 0 charge or lien on the estote or interest described or (c) No omendment of or endorsement to this policy con be made except by referred to in Schedule A, and the amount so paid sholl be deemed 0 payment a writing endorsed hereon or attoched hereto signed by either the President, a under this policy to the insured owner. Vice President, the Secretory, an Assistant Secretary, or validating officer or 12. PAYMENT OF LOSS. authorized signatory of the Company. (0) No payment shall be made without producing this policy for endorse- 16. SEVERABILITY. ment of the payment unless the policy has been lost or destroyed, in which case In the event any provision of the policy is held invalid or unenforceable under proof of loss or destruction sholl be furnished to the satisfaction of the Company. applicable low, the policy shall be deemed not to include that provision and all (b) When liability and the extent of loss or damage has been definitely other provisions shall remain in full fOrce and effect. fixed in accordance with these Conditions and Stipulotions, the loss or damage 17. NOTICES, WHERE SENT. shall be poyable within 30 days thereafter. All notices required to be given the Compony and any statement in writing required to be furnished the Company shall include the number of this policy and sholl be oddressed to the Company at P.O. Box 2029, Houston, Texas 77252. '. , , .~ 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (0) The Company's Right of Subrogation. Whenever the Company sholl have settled and paid a c10im under this pol- icy, all right of subrogation sholl vest in the Compony 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 agoinst any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured c1aimont shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured c10imant shat! permit the Company to sue, compromise or settle in the name of the insured claimant ond to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. STEWART TITLE GUARANTY COMPANY * ~ ~ - ~ - - - - - STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY ,~,..... -- --- --- -+--- -+-- Sane/ifY of CotllraCl STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 --- -- -- -- -- -- --- ---- ~ POLICY OF TITLE INSURANCE PREn.a"lEeD FOuR' CITY of R-vVATE.~ 15 Z9S ISE... rl'V( 'S-rt.wAR.T TJTLE- (oMfAt-JY of CLE.A~WATER~~~ic..-:- TWP. - RGE. _ STE.WAr<-, /lTLE. GUA~ANTee:. CoMfA,vy 50.0 (~-r) '50,07 (f/e.....r>) ..~ Z 4CUAe . r ,.. .. ,. .. .. ". .. r ,. r r , r " t:--~-~ lO.I~~- 1 41\ , 48.83 ((lEu>) 70.0 ( PlAT) WI :) ~~ ~~ <(~ 7.. o &-, "2 1: ~- ~ ~ ' . '""" ~ w \l: ~ 1 ~ ...... /, fu ~ >.tlJJ o t( .f<- ~ o ...J~ ~fJ' o }:~ , ..p IJQ ~ 1;( -...J o o Lf\ . ~ ~I ~ f 07"" altio,,",A ). tJ ;J ~ ~ 0, a.~ t- . --_._._--_.."-_.<_.~-_.,._. m. b' UlAI/-l ~NK f~""c.e. r f::j '""' 'I. il ~ - x 0 L 0 ~ 11 l(.~ ,.... I~ ~ ~ p v Q 0 , -, \{\ X ,-; '-,J I L"' X lE6E)J 0 eM=- CoN('~E:re: fo101J\JME'''f r ~ .... ui .1 I ,1-) pW' 00 - GoULD - sr~E--T - (30''4vJ ) Lot 'I'".venty-one (21) in R.H. Padgett's Subdivision of the Southeast ~ of t.l1.e North- west !.I of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 2, Page 63, of the Public Records of Hillsborough County, Florida, of which Pinellas County was fonnerly a part. NCW KNCMN AS: lot 21, First Addition to Nac Dixson's Subdivision, according to the Plat thereof, as recorded in Plat Book 5, Page 96, of the Public Records of Pinellas County, Florida. Zone C. per map panel rz..5oC)<o OOIS B ("-01-83) . " I HE~EBV CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE, EVANS LAND SURVEYING ~32#:? MAIN STREET - UNIT # DUNEDIN, FLORIDA 34698 PH: 734 - 3821 DATE: 9-2.6-9 1 (<f.v, LEqAL: /0-/4-91 OWN, BY: ~ ~ e INY, NO.: 91-500 ., ISOlJNOAp:...f $Vi2.vfE-1 oJ-h..y I I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: FROM: RE: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~ Purchase from Ruby E. Dixon - Lot 21, Mac Dixon's 1st Addition for future development DATE: October 15, 1991 The subject purchase was completed today, and enclosed are the following documents: Contract for Purchase and Sale Settlement Statement Title Commitment # C-9912-717986 issued by Stewart Title Guaranty Company Copies of: Warranty deed Survey Authorization and acknowledgement form Non-foreign certification by individual transferor form Indemnity and affidavit Disclosure I will forward the original deed and title policy when I receive them. MAG:jmp Enclosures Copy: Daniel J. Deignan, Finance Director w/copy of Settlement Statement ,r~"...~D OCT 1 6 1oq1 c~ i'{ LLUU( ~ ~IS IIOQ91 ~ ==i=! OMB No 2502.0265 A. U.S. DEPARTMENT OF HOUSING AND URB DEVElOPMENT B. TYPE OF LOAN ~ 1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS. 4. OVA 5. 0 CONV. INS. 6. FILE 17. LOAN SETTLEMENT STATEMENT NUMBER 91090110 NUMBER 8 MORTG. INS. CASE NO. C. NOTE: This form is furnished to 9ive 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 D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA ADDRESS: E. NAME OF SEllER: RUBY E. DIXON ADDRESS: SELLER TIN: F, NAME OF LENDER: CASH TRANSACTION --". ADDRESS: G. PROPERTY LOCATION: LOr 21, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION a/k/a 1124 GOULD STREEI', CLEARWATER, FL 34616 H. SETTlEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918 ADDRESS: 1290 COURT STREEI' I CLEARWATER, FL 34616 -- PLACE OF SETTlEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTlEMENT DATE: ADDRESS: 1290 COURT STREET OCIDBER 15, 1991 CLEARWATER, FL 34616 288th DAY OF YEAR/77 REMAIN J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SElLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SelLER: 101. Contract sales priLe 45,000.00 401. Contracl sales pflce 45 000.00 102. Personal property ~02. Personal properly t03. Setllemenl charges to borrow (line 14001 6.00 403 104. 404 105. 405 Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance: 106. City /Iown taxes 10 406, City flown laxes to 107. County taxes to 407. County ta,,<s to 108. Assessments to 408 Assessments to 109 to 4M to 110. 10 410. 10 111. 411 112 412 120 GROSS AMOUNT DUE FROM BORROWER: 45,006.00 420 GROSS AMOUNT DUE TO SElLER:: 45,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money -0-. 501. Excess depOSit (see Instructions I 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 14001 5,270.00 203. Existing loan(s) taken subject to 503 Existing loanlsl taken sub,ecl to 204. 504. Payoll ollirst mOrlgage loan -0- 205. 505 Payoll ot second mOrlgage loan 206. 506 207. 507. 208. 508. 2M 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City /lown taxes 10 510 Cily/lown taxes to 211, County laxes to 511, County taxes 10 212. Assessments 10 512. Assessmenls to 213. 10 513. to 214. 514. 215. 515. 1991 REAL ESTATE TAXES 47.22 216. 516. 217. 517. 218. 518 219. 519. 220. TOTAL PAID BY/FOR BORROWER: -0- 520. TOTAL REDUCTION IN AMOUNT DUE SEllER:: 5,317.22 300. CASH AT SETTlEMENT FROM/TO BORROWER: 600. CASH AT SETTlEMENT TO/FROM SEllER: 301. Gross amount due from borrower (line 12(JJ 45,006.00 601. Gross amount due to seller (line 42(JJ 45 000.00 302 Less amounts paid by Ifor borrower (fine 220) -0- 602. Less total reductions in amount due seller (line 520) c; <17 ?? 303. CASH [00 FROM~ BORROWER: 45,006.00 603. CASH [00 TO) [~ElLER: 39,682.78 SUBSTITUTE FORM 111111I SELLER STATEMENT-The information contained in Blocks E, G, H and I and on line 401 (or, II line 401 is asterisked, lines 403 and 404) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. ' SELLER INSTRUCTlON,If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return: for other transactions, complete the applicable parts of form 4797. Form 6252 and/or Schedule 0 (Form 1040). You are required by law to provide I . R. S If you do not provid Under. with your correct taxpayer identification number. with your correct taxpayer identification number, you may be subject to civil or criminal penalties. el\shown on this statement is my correct taxpayer identification number. '. _~.~.;:::l American Land Title Association Commitment. 1966 .' '=.'C="'~-=='~'=''''c'''~''==='=='~'~''''=1'~''''''=='='=''===='======'=========="'===='''='''''==='''=c=====t--==-===-==-======',=="=,~=====,,.. COMMITMENT FOR TITLE INSURANtG.n090110 ISSUED BY II I II II Ii II STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Cbrporation, 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. !I II 'I :' This Commitment shall be effective only when the identity ofithe proposed Insured and the amount of the policy or policiesGomJnitted for have beenlnser~~d in Schedule A hereof by the Company, either at the time of the issuance of this ComI"TlJ~me!".lt or by subsequent endorsement. This Commitment is preliminary to the issuance of such polfeyor 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. I: I II I! i: Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE ~~~~ GUARANTY COMPANY W~$~ """".....~ ~1~"~.!L~~ ~ ...... .. l:"'~o"pa",,;..\, ",'"., ....:~ -*- ~: ';.\ 1 9 0 8 ;~ .. .. :~ .... .*. ..-;. # X 7:,:..,...:...,:.,. ',' ~,ll "'~J//III~ President Chairman of the Board Coun sign,l'ld by: .7 . ' ~ ' Company CitY, State Serial No. C. 9912.71 7 9 8 6 il II [,1===---==,=====,..=,'=====00'=_-='===.'", 005N Rev. 3/78 mls 1 I SCHEDULE A Commitment No. Effective Date of Commitment: C 9912 717986 Your No.: Prepared For: Inquiries Should be Directed to: MIKELL L. ST.GERMAIN Stewart Title Company of Clearwater 1290 Court Street Clearwater, Florida 34616 (813) 441-2689 1. PoIicV or Policies to be issued: Amount (al D AL TX Owner's Policy $ 45,000.00 Proposed Insured: CITY OF CLEARWATER, FLORIDA (bID 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; RUBY E. DIXON, a single woman 4 The land referred to in this Commitment is located in the County of PIN ELL A S State of F LOR I D A and described as follows: Lot Twenty-one (21) in R.H. PADGETT'S SUBDIVISION of the South East 1/4 of the North West 1/4 of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 2, Page 63 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. NOW KNOWN AS: Lot 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 96 of the Public Records of PINELLAS County, Florida. Page 2 STEWART TITI....E GUARANTY COMPANY 2552 , . I SCHEDULE B I ORDER NO: 91090110 Commitment Number: C-9912-717986 I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. . d h . d . f . . ( . D' 'L P t) and Vall p oto 1 entl lcatlon le: rlver s icense, asspor social security numbers required of all parties to the transaction by the Insuror. Warranty Deed to be exec to CITY OF CLEARWATER, RUBY E. DIXON, a single woman 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 cia' attaching subsequent to the effective date estate or interest or mortgage thereo ther rs, if any, created, first appearing in the public records or prior to the date the proposed Insured acquires for value of record the y this Commitment. 2. Standard Exceptions: a (b) Easements, or claims of easements, not shown by the pUblic records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey Ii and inspection of the premises. " '" (gJAn:- IIAn, g~~~ fnr "",r"isee, ISBer, sr A'1sterial i'leretsQrh"-rP.afterfurnlsned;tmposefrby-l,,'" QI'1!ii n~' ~hg'''n..by ,.'" the pu15liC records. (e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured. (f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 3. Special Exceptions: (a) Taxes. Subject to Taxes for the year 1991 are not yet due and payable. Parcel No. Gross Tax for the year 1990, $79.83. and subsequent years, which 15/29/15/21690/000/0210 4. Subject to encroachment (0.7') of shown in print of survey by EVANS September 25, 1991. house into adjacent Lot 20, as LAND SURVEYING, dated 2153 (Rev. 3/80) Page 3 S'I'E"\\'AH.T TI'I'ILE GUARANTY COMPANY .f " COMMITMENT FOR TITLE INSURANCE - .~'({nC!ily of CnTllrflcl -- Issued by STEWART TITLE GUARANTY COMPANY 'I ..,." , .. ...... I , CONDITIONS AND STIPULATIONS 1, The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment, In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4, Any action or actions or rights of action that the proposed I nsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STE~ART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SER IAL NUM- BER which appears on the bottom of the front of the first page of this commitment. Relurn to: (enclose ..II.addre..ed stamped envelope) I WARRANTY DEED IHDIVID. TO IHDIVID, I Name: Add,...: 91090110 ThIs Jnstmment was prepared by: ST~ART TlTI.E OF CLEARWATER By: MIKELL L. ST. GERM~I 1290 Courl Str.?ot Clemwntu, FL 3.1610 VVhlch InstnlJIll?'nt \~rC!s :-';-~'...: ''-~--:Ji 1 tc vrriting of Q, Till:- IjlL,-'_~iCli,~':" l-,:'.!i..:.:y. This Instrument Prepared by: Add,..., Properly Appraisers Parcel Identification (Folio) Number(s): Grantee[s) 50S. #(5): SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA Wltht lIarrantu lIeeb Made the' /oA day of October, RUBY E. DIXON, a single woman hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is P. O. Box 4748, Cl earwater, Florida 34617 A.D. 19 91 by hereinafter called the grantee: (Wherever U8ed herein the IAlrma 'grantor' and 'grantee' include all the parti.. to this instrument and the heirs, legal representative. and ..signa af indlvidnals, and the lueeeslors and ,,"igns of earporations) BitnessttlJ: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby ackn(YUJledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confir:ms unto the grantee all that certain land situate in Pinellas County, State of Florida , mz: Lot Twenty-One (21) in R.B. PADGETT'S SUBDIVISION of the South East 1/4 of the North West 1/4 of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 2, Page 63 of the Public Records of Hillsborough County, Florida, of which Pinel],as County was formerly a part. NOW KNOWN AS: Lot 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 96 of the Public Records of Pinellas County, Florida. Parcel no. 15/29/15/2162P/OOO/0210 Grantors social sec. If./ ,OSS- -~-q/f9Lf- (RUBY) mngttlJer. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. mn )faue anb tn )lnlb. the same in fee simple forever. .Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims o.[,q.JJ.p'~!,sons whom,soeverb' and that sm:d land is free of all encumbrances, except taxes accruing subsequent to~~1'~~}j~XX Qcto er 15, 1991, and ']I Bit ... f e.a.semeuts, and re,strictions of reco,rd . ,;un ness .,eren. the sata grantor nas Stgnea ana seatea,rn.ese presents tlie day and year first above written. .. RUBY E. IXON PrinUd Signature / 112LfJtJUf-;D ISr POlt Office ~vJ4--mc1 :FL 3~16 Signature Signature lID PrinUd Signature Printed Signature Siltll8ture D""t (\I'f'i...... "-..IA.......... r . '1ec 0 CITY of -EAR.vVATE:-~ 15 29 'Sf.... PREPARED FOR:S1t.WAR.T l1TLE- CoMfANY of CLEAfZWATER.~~S'C.~ TWP, ~ RGE. - STE.WAr<-, IiTLE:. GUA~A.NTEt:.. CoMfA,..JY i C+\ 48.83 (fiap) i- L - 70.0 ( I'LAT) AJXJ. b' U{Alfol ~N/<.fEl-lc.e.. 1 f:j ....... 'I. il /' ~ - ~ 4J 0 L """" ~ 0 'i ,:.'" J \.1\ - u.), iii ~ 11 \I. ::> -\It- 4..: 7.~ 1 .f~ 'lij ~~ ~ I ~ ~ 0 <(~ '-' ,..J q r'> l 0 ~V' ~ -....J 0 L 'I('a '2.. . 0 V I.- ~I:...... I; 0 l!\ 0 &-1 .. i (JQ 0 , -, "2 'f \1\ 'i. ,-; ,--"J J: f I l..... 1[- ~ x ~I I ~ LE6E)J 0 01'- eM:. CoN CA~. EO- Ie: '" o.,.hJM E "" EtI'-R 0/'1' ).. tL )( ~J I ;J t ~ -ii 0, a.~ " !1o,o (PLAT) US ~o. 07 (fH!.I.oO) r~ Z c::.uAe . r ~ ~ ~ r r r .. ,. po r r- .. ~ ~ , - ~ t- GoULD Sfru=-E-T - (-~O / R.Jv.J ) , A SURVEY OF LOT 2.1 + FI~5T ADDIT'O N 1b MAC D 1)(t;oIJS L'..n ....... ~l <. I ro. & I I I '\,,,,,.tit,. of ('01l1"1I:l RONALD (RON) E. SOMERS President s'rE'V All'r "l'rl'I~E OF CLEARWATER P.O. BOK 2756 Clearwater, Florida 34617 (B131441.2689 1290 Court Street Clearwater, Florida 34616 AlYI'HORlZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. LEGAL LOr 21, FIRST ADDITION 'ill MAC DIXSONS SUB 91090110 SELLER RUDY E. DIXON BUYER CITY OF CLEARWATER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETILEMENT STATEMENT - J-IUD FORM 1) and authorized disbursement of funds as shown therein this 15 day of OCIDBER , 19 91. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the statement of actual cost is based on the latest infonnation available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. N1Y proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company Company of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. 'IHAT AIL UITLITY BILLS (WATER, SEWER, ELECllUC, MAIN'l'mANCE FEES) OR WIlL BE PAID UFOO R&:E!PI' OF FINAL BTILS. . ~ ~ ~ HAVE BEEN PAID DIXON. Jl- INITIALS 8; ~11f ~.", SELIER I S FORWARDING ADDRESS: ( L!t3~7~f\- ~. dDtrrtt o/S;:\~lll?~n .~r7J/ BUYER I S FORWARDING ADDRESS: Po. ~{: </7/g /JAn/". ,../.._ y- ~ 1/ ,Q I I NON-FOHE-LGN CE:H'l'H'ICNl'.lON BY JNIJlVJIJUl\L '.l'Hl\NSn~nOH 1. Section ItltlS of tile Intenml Hevenue Code prov.i.des that a trdnsferee o[ a United States l"e€ll property :I.nterest must w.l.tllholcJ tax if the tralls[~ror is H foreign [Jerson. 2. 111 onlet' to J.II(0I:111 Lho U:a',q[eree thaL wJ.thholdJIllj or Lax is not required upon Lhe <.1.ispJs.i. lion by RUBY E. DIXON of the UnlLed StaLes reill properly desed.bed ilS [ollows: LOT 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION lhe undersigned transferor certifies and declares by means of this certification, the following: (a) I (We) am (are) not non-resident alien(s) [or purposes of United States income taxa lion and, (b) My Ullilr.-d Slates taypaper identifying IIlI111ber(s) (Social Security Number) is/are: N fV\1 I!: SOCIl\TJ SI!;CUHITY NUNDEH RUBY E. DIXON I f1~ 26S--f6 ~'1~r'f I~ 1/ 1/ (c) Ny homo nddress Js ((lUnched additional page if Ilecessary) (<.1) There are no olher per.sons who have an ownersh.i.p .i.nlerest in lhe alxNe-desccl.bed property olh8r lhan those persOlls set forth ubove in subpcu:agraph (b). 3. 'J11e undersigned hereby further certifies and declares: (a) I (We) understand that the purchaser of the above described prop.'!rly in lends lo rely on the fOl:egoing r.epresenlaU.ons :1.11 connection wJ.th the tJn.I,ted Stotes l''ore.l.gn Investment in Heal Property Tax l\ct. (94 Statute 2602 os [lIlIellded), (IJ) 1 (we) ulIderstllnd lids cerLification noy be diSClosed lo Lhe Internal Hevel1ue Serv:i.ce by transferee und t1mt any fuIse statement contained in this cerUfication Illi.1Y be 1.>lIld.shetl hy fllle, J.llIpd.BOlllllOIIl: 01: lx)th. Under pet\()lUes of perjury I (we) declare I (we) fication nnd it is lnJe, correct aud complete. ~ OCTOBER /Onr 1991 have exanulled carefully lhis certi- Date at PI7 ~ CE:Y' . F1D:IDA RUBY E:.'oo ~ q ~W!~ I%~/i v 'd.1u-/' (~. L~~ Witness ,.; (l11is docwnent ITn.tSt be retained until tile end of the fifth taxable year following the.! taxable year in wlllch the transfer lakes place). CONSUJJl' yaUlt l\'l'lUttNl!:Y l\NlJ/OH l'l\X l\DVISOn - NO HEPHESE.'N'l'l\rl'lON on HECOM'IENIJl\T1.0N IS WillE DY STE.Wl\H'J.' 'J'1'1'LE INStml\NCI~ CQ\1PJ\NY l\NIJ/On CONCI!:ltNJ.NG TilE U~Gl\lJ SUFFICIENCY ^NIJ/OH 'J'^X CONSQUI~'NCI!:S Qli' 'ntIS JX)CU(\11~N'1'. YOU (\1l\Y BI!: HEQUllU;D 'IU nLE l\ COpy OF TillS D<XJJMF:N'J' Wl'l1l Tim IN'l'ERNl\r~ Hl!NE;NtJl~ SlmVICI~. '.I1msr: ^IU~ QUI~S'r.LONS Fun YOUlt l\'l'l'OnNI~Y Oil '1'^X l\UV lSOIl. TA BE FILLED IN PERSONALL J BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY RUBY E. DIXON Seller or Owner-Borrower LOT 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION 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 lollowing: (If nonc, '0 'lalC.) ~ NAME AND ADDRESS OF SECURED PARTY I v'AP'R'~~ __.~ . 2. No loan. 01 any kind on said property cxcept thc lollowing: (II nonc, .0 stalc.) ~ NAME AND ADDRESS OF CREDITOR {)v APP,\jgXjte 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 3 API\! l~ 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 5. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state.) SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS 6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and/or owner-borrower. INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED 'TJ:'Nc::. DDr\"TT'\'CT"\ ~"'"lT""\ l' T~"'Tr'I I":".........rn ..,.......y.... __"W''--_.. ... ___ __ ___ ____ __ __ _ J I .~'nf1dl/~' ,,/ ("on/flu" RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 STE'VAI~~' 'rrl'I..E 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 LOT 21, FIRST ADDITION TO MAC DIXSONS SUBDIVISION Pinellas County, Florida, do hereby disclose the following facts known to me which may materially affect the value or desirability of said property. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially effect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. a~t:6s~ !l1~/ v iJ~ LV, {!~ ----t- Witness '~D~~ STATE OF COUNTY OF FLORIDA PINELLAS '3 SWORN TO AND SUBSCRIBED BEFORE ME THISv ~~~ DAY OF OCTOBER , 19 91. 'I /",/ - -./ , I I Sanetit.,. oj Contract RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 STEWART TITLE OF CLEARWATER P,O. Box 2756 Clearwater, Florida 34617 (813) 441.2689 * CITY OF CLEARWATER, FLORIDA * P,O, BOX 4748 * CLEARWATER, FL. 34617-4748 * 1~~ \ ~~ >l~ ~ 1t. \ ~ ~~" " ~ \~~)\ C~ \1. - ",,,,".,, S'-- , r\.' . I ""." .\. September 3, 1991 Please:__in~~ude our file No_~_ 0~~1l_c::o~e~PO.!1de~nce:Jf9106_9!)1________ i I RE: Lots 8 and 9, Block 1, Moase & Harrison's Sub of Lot 7 of R.H. Padgett's Sub. Dear City of Clearwater, Enclosed please find the following documents in connection with the above mentioned property: .... ( Title Binder ( Mortgage Title Insurance Policy ( Original Mortgage (Xx) Owners Title Insurance Policy (xx) Original Warranty Deed ( Check(s) # # # $ $ $ ( Endorsement other The opportunity to be of service to you is always appreciated. If we can be of any further assistance to you, please do not hesitate to contact our office. Very truly yours, STEWART TITLE COMP~y~WATER, ~.:2 ~~ Dawn D. Hickox INC.