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THEOLA F HOUSTON . > : It INST =IJ: 9l-.2:?1.:548 Return to: (enclose self-addressed stamped envelope) .it. ,.~ I ~ AUG 15, 1991 ~) : 02Pl1 Name: ,910.-0111- r', -tv T" I . , . .'" . " " J~' . .::q _":::'L";1"':,;:'" m!,; r"~'~:i':"~ f:lY: &) , <::"""'1" T'l.1 . "',' -, ,~",.., ,""<~' ...: , ,,.. 'In.!' ~ "'<"i',.....\U Add,..,: ,,\ " ~\:~::~;,.~'/:.,.::,,'-_ (..';11 ,./,LLt~~:':.'~,-1'!Jt':s.l.l.~dl '--- n;: __,_..mJSE11~J2.'L~__ N PINELLAS COUNTY FLA. OFF.REC.BK 7653 PG 1286 ;~ /~!;~ (\1:';::'1 ~]~'re2t This Instrument Prepared by: (:~,:~:::-,j"~';';:';',;;'.. :~iL :~iL~l~':::J , ,-.... ,1.: .~ ::)~:X., (:~~:':".:-::' .:~ :?_:.., :'~~;f;j7 Addre._: VV:~;~,;;h ~n",.iitt~".':1l~,,':;~ i,';'::J:' :;,:?(':~r,i:'~';(':~~'1 [r\:'~<i.;-:)>tul ~-,:) t~..;'~t;~:\_'; 'f'1' T, ",:;.-"i.;i1r' };n~,;Uf:Jni~~: P.-:~"'..''v' Property Appraisers Parcel Identification (Folio) Number(s): Grantee[sl 5.5. #[sl: SPACE ABOVE THIS UNE FOR PROCESSING DATA SPACE ABOVE THIS UNE FOR RECORDING DATA al4hi JlIIarrantv mUll Matk the!;;' J?#b_dav of August, A.D. 19 9~ THEOLA F. HOUSTON, an unmarried woman a~ '10 an lIDdivided one-quarter interes~l by L-. hereinafter 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 aU the partie. to thi. instrument and the I f'1.' heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) ro t qy:-':.; .itnelllldlJ: That the grantor, for and in consideration of the sum of $ 10.00 and other IJfJ CO valuable considerations, receipt whereofis hereby ackncywledged, hereby grants, bargains, sells, aliens, remises, v. . releases, conveys and confirms unto the grantee all that certain land situate in Pinellas County, State of Florida , viz: Lots 8 and 9, in Block 1 of MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part. parcel number 15/29/15/58338/001/0080 Grantors social sec If (~ ? t 7 h 7 6'6 t (a'(( (THEOLA) 1/1). i f'. ~ 1 ./ , \ , /' mngdlJer. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. mn )fane anb tn )fnlb. the same in fee simple forever. / Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land j:rvfie 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; and that said land is free of all encumbrances, except taxes accruing subsequent to ~ August 15, 1991, * )n .itnellll .lJerenf. the said grantor has signed and sealed these presents the day and year first above written. *and all easements and restrictions of record. / / ~-I~ 1ft $u4Z;;;. -l1.U ! .Ii '-<. Lf. "\ I .'", Signe.d, sealed and delivered in the presence of: .t::. )/~A..oh .~rL-- Signa~ 5HA'Eft/ ~E1G.of) s , .~II/J ,I.;j/l) 0 fiC U 15-f Printed Signature 1.(1 , '~ - ~ 1'Yl01n. -~e' lf1 (l~. ~4.T 1I~lgna.. .. .~.\ .^\ '",.; )'\,.-{C,,-~o 1'I-'\/1,\.1.~1f P . 19nature ~OT.A F. HOTTSTON I Prin 5:90 ~ d C(41 ~. ~- Post Office Addre.. T"'-4.'rf t:t ~. \ ;' 'S3 b O~- Signature '6?- ( .'- l1.U Signature !,~ ",. Printed Signature Printe Signature ,_ _. : : ~ :: '; f Post Office Address Signature ,~.' J ...._..._ I.LiJ..Ity Cieri; Printed Signature STATE OF FLORIDA COUNTY OF, 'HILLSBOROUGH I HE~~Jr~(}ERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take ackno?,l~1'3Xs,personaI1Y appeared THEOLA F. HOUSTON, an unmarried woman as to an undivided on~~~rte:t:"<':interest to me known to be the person described in and w:h.~~~~c.uted thle"~,~oing instrument and she acknowledged before me that she executed the same. .;.;9~~'i::;iW~'TI'I'~~~''''','~d and official seal in the County and State last afo said this!" I ~ day of August,. A.D. 1991. ,i'<.;<; " "/.... t"j('~: . ~-- 'L / ~ ';~'?"':;~,;f:;~i~\':':./:;. ;Mf':: ( No~ Signature' '- 1M I CY~' .':j I; ~:~jc9'i.- '~~~ ~I/o?'! "oJ /\ CC 1(0;7 '" ~_ 1 ~ "....~,"\'~~:}~.;;, ,- '~,...~ -', :" ,-,:'s,' - , "o..~ r-u (./ ":~:,. .::o:,,~ .'," 'J ~ .; :,0 ':" 0/ Printed Notary Signatu,'O ~/lO' ~~~:;~~~~1jt/;;;,. J,';~~l\1i,{~~l,."j''' ;:,:;,:~~C:;:;' 'if. n 0 ".";'I,'..:,;:'~f." /': ..~.\;;:..:"... ,.:,',;;,.;},:;,'?,',IF ':SION F,)~\' AI:.Y :G;'}:5~5 ~- .,;,.:1:;?i,\i~'\~:'-~/.," . ~:r,';~ jiQ~t!'.. ..~::i!jj::!~" KARLE EN F. DEBLAKER CI FPK F-:ECmm VEFiIFIED BY:~""" \ llo/ L/ I I ......0",.,;1. 0/ COII"art RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 s'rEWAI{'r'rrl'LE or CLEARWATER P.O. 00)( 2756 Clearwater. Florida 34617 (813) 441-2689 AUTHORIZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. 91060111 LEGAL IDrS 8 and 9, BLK 1, MOASE & HARRISON SUB OF UYI' 7 OF R. H. PADGETI'" S SUB SELLER THEOLA F. HOUS'illN BUYER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SE:ITLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 15 day of AUGUST , 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 Cleanvater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company Company of Cleanvater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. 'lHAT AIL t.JTTI..ITY Bll.LS (WATER., SEWER, ~C, MAINl'EN1\NCE FEES) HAVE BEEN PAID OR WILL BE PAID UPON ROCEIPl' OF FINAL Bll.LS ~7;( :Jj" INITIALS INITIALS c$~~~ THEOLA F. HOUS'illN SELLER'S FORWARDING ADDRESS: ,/qtll,f'-d.!# ~ 4~~, Ha1E PHONE#V" :5 ~ 7 ~ ~ ~5 WORK PHONE# v'" ~LI./ BUYER I S FORWARDING ADDRESS: HCl\1E PHONE# WORK PHONE# THIS IS 'ill FURTHER AUWORIZE CHANGES NECESSARY 'ill THE CLOSING STATEMENT. 'ill APPROVE; ANY STEWAR'r TITLE COMPANY OF CLEARWATER, INC. BY: I I SOl1d;/y of ('Olll/art RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 S'l~EW All'l~ 'rrrLl~ 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 LOrS 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOr 7 OF R.H. PADGE'ITS SUB 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 desirabili~y 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. ~~ (2) . '-.- Wi' n:;~_ ~\7~ THEOLA F. H~US'ION ~F-hO'1fn\o1J Itness STATE OF COUNTY OF FLORIDA HILLSBOROUGH , ('3) SWORN TO AND SUBSCRIBED BEFORE ME THIS V 1,2 ~ DAY OF AUGUST , 19 91 @ My Commission Expires:~ &" (';;' - 01/1 / y/ ./ /~ lL<->_- No ary Publi~ ~(L NOTl\RY PUBLIC STATE OF FLORIDA MY r.e~MISSION EX? JULY 26,1995 r.C,.'i, TLlRU GENERAL INS. UNO. (\9) v ~eo\\ . I I NON-FOHEIGN CE.1UIF'lCl\TION BY INDIVIDUl\l, 'l1U\NSfo'EHOH 1. Section 1445 of: the Internal Hevenue Code provides that a trdnsferee (IE a United States real property interest must withhold tax if the trans[~ror is [j foreign person. 2. In order to infolm the transferee that withholding of tax is not required upon the clislX'si Lion by THEOLA F. HOUSTON of the United States real property described as follows: rms 8 and 9, BLK l, IDASE & HARRISON SUB OF rm 7, OF R. H. PADGETT I S SUB the 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 ane1, (b) My United States N1\ME THEOLA 'F. HOUSTON taypaper identifying nllmber(s) (Social Security NlUllber) SOCIl\TJ sr.cURI'IY NUMDtm St/ dG~ 'L~ / /L, fc 1 ~I fl n is/are: (c) My home mldress is (attached additional page if necessary) (d) '11lere are no other persons who have an ownership interest in the alJove-descd.ood property othlJr than those persons set forth above in subparagraph (b). 3. '.l.11e undersigned hereby further certifies and declares: (a) I (We) understand that the purchaser of the above described property intends. to rely on the f:OI~egoing representati.ons in connection with the llnited States Foreign Investment in Heal Property 'lux l\ct. (94 Statut.e 2602 as <.1l11elKJec.1). (b) I (we) lInclerstnmJ this certification may lx~ disclosed to the Internal Hevenue Service by transferee and that any false statement contained in this certification lll() y be plll1if:;hed by [ine, impr J.so IlIllCm t or lx) Lh . Under penillties of fication and it is @~ A UST perjury I (we) declare I (we) have examined carefully this certi- true, correct and complete. Date at HILLSBOROUGH County,. FLORIDA @~~-?: ~ ::;; THEOLA F. HOUSTON . 'i'.. ~v Wi tness " V Wit ss,. (This document must be retained Wltil the end of the fifth taxable year following the ,I taxable year in which the transfer takes place). CONSUTJl' YOUI~ A'l'l'ORNEY /\NO/OR 'I'l\X 1\DVlSOR - NO REPHESE."N'l'l\'l'ION on RECOMMENDATION IS M1\DE BY STEWl\H'J.' 'J.'l'j'LE INStml\NCE COOPl\NY l\ND/On CONCERNING TilE LEGl\TJ SUrrlClENCY l\ND/OH 'j'l\X CONSQUENCES OF' '1111S OOCU~1EN'1'. YOU Ml\Y m: REQUIRED '1'0 PILE l\ COPY OL;o 'IHIS !XX:tJMENl' WJ '1'11 '1'I11~ IN'l'EHNl\TJ mWI!:N{J(~ SJ~HV.tCE. 'I1lE:Sr: l\HE QUESTIONS FOR YOUR l\'l'l'OltNI!:Y em 'l'l\X l\DVISOIL S'l'l\TE OF COUN'lY Oli' FLORIDA HILLSBOROUGH I HEREBY C~~H'l'IJ.o"Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally nppeared THEOLA F. HOUSTON to me known to be the persons described in and who executed the foregoing i,:stnunent and they acknowledged before me that they executed the sallie. (~:2.- WITNESS my hand and official seal in the ,County and~ S. , 'e last aforesaid this /"'0. day of AUGUST , 19 ,91. / / f \ f{\ (~ / 1j~L ~ L-.> -9 / (~ NOl'ARY PUULIC / (:1) v- ,~/\~,\ MY CCX'1I'1ISSION PIRES: ~T"F g~ j;LORIDA 1':OTPY..1 H!tlL(I~ ,. ,., .; , 26 1995 '''', ~cJn" ,VI' ,)I.LV -, ' 'I;( ,(' .,." ,.,-) . .,' .. ,.. IJI.!!) ...,...,.. -IIP"('''''iTp! llb. ,. >.' prr~~.t',. r) \ f . '.. ,'" ( ,. J TO BE FILLED IN PERSON1LL Y BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY THEOLA F. HOUSTON Seller or Owner-Borrower LOTS 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOT 7 OF R.H. PADGE'IT"S SUB 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.) ~~D~C~~GU.9~ ~~ ( I .' Approximate Amount J~ 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR ir, Approximate Amount /14H'tV '/ 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 SUPPL~~OR, SERVICES OR MA TERIALS \~vppproXimate Amount 4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MA TERIALS 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 thp.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 UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing same or lending money thereon and would not purchase same or lend money thereon unless said representations were made. (,l' ~ ',Ii t.7;" THEOLA F. HOUSTON e)),/' ND SUBSCRIBED BEFORE ME TlfIS / -L- day of AUGUST , 19 ----2L . C~) , -.\ (7: YOTl'ilY PUOLIC STATE OF FlOPlD'I L- '''{ rf"'f'I"~IO'1 "XP JUI Y 'lb" In(l'' My Commission Expires: 'J,,1,'.", ,;..;, " [. , . l., ,,,,'/ '.' ~111:~,.' 1','I:.t,r-J(;~L 1f~.). l!r'!!), /r;,',j,/ I, , ! . \ NOTE: Thil form il 10 be Ii,..... by ..Uer in .... of ..Ie. If no oale. it il 10 be liped by lhe owner-barTo_r, If lhere I. any new conllruetion. Ih~ co'ntractor mUll aloo join in thio form or .i.n I .,.ra&e one. HIU:,SBQROUGH County, FLORIDA Rev. 1/88 I} Relurn to: (enclose self-addressed stamped envelope) \../ INS T :fI: 9 l. ".. ~~ 2 l. 34 '? ~ame: In., A_~~nn~.~n,:,._9n?~nn ~3: 02F't} Add 'K' d'W.l.lLiz>,. ~.,"',,";: f".:"::::.1~.,~~6,'.' ~:;;~pftred," ~y: u r...: ~ ._ .c......,'.,',.",.,.".. ",,"o-""""'\1WR ~"- ....',..f,.' .:;} ("Yr" '1 ~ '.'I ~l^'::"j '~.J:i' ClL...kdD..':l."f.:, 't~: ... "... " ;:..:' MiKELL L.. ST~,,- f,iERMA Tl\T .;;";.. .........-......~,..,...--_.....-.. ~2.i)~~ C'G:~JJ;'~ g'r,re(~'~t C~c~,~:;'I/{;:l.!t(..;,; il~"L1 3>;j~,'16 .. PINELLAS COUNTY FLA. OFF.REC.BK 7653 PG 1284 This Instrument Prepared by: Address: r' .j~k ..:'" i.:::.J C~'..:~~;~'i;.r.;,~-;_ ';'1 :i'L ~J'.i61 ~( \Vhkh In::;t".E~~?~:i h:'-h pn~VH~.d ,~.-~,j(f,e:;-~tul to 'A:r;t:~~~ of u --.nil~ ~nsu(~r.C{- f-"vIF':Y. ~' . ct- ,.-~:l ,.-, ~,' Property Appraisers Parcel Identification (Folio) Number(s): Grantee[sl 5.5. #[sl: SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA mItis Barrantv iI.e.eb Made the / rC? day of August, A.D. 19 91 EULAH M. COOPER, an unmarried woman, as toi an undivided one-quarter interest hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is ~., P.O. Box 4748, Clearwater, Florida 34617-4748 j by hereinafter called the grantee:," (Wherever used herein the terms "grantor" and "grantee. include all the parties to this instrument and the heirs, legal/representatives and assigns of individuals, and the successors and assigns of corporations.) Witntlllltt.tr: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby atknCYWledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Pinellas County, State of Florida , viz: Lots 8 and 9, in Block 1, of MOASE AND HARRISON'S SUBDIVISION OF Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part. Parcel number 15/29/15/58338/001/0080 I-/-)~ "--q/ '1tl r-::2 ^ .-l.kJ 0 ,:) , Grantors social sec. 11/ _~;:t 3 (EULAH) YJ ,I mngd.trtt. with all the tenements, hereditaments and appurtenarwes thereto belonging. or in anywise appertaining. mn )faut anb tn )fnlb. 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 of all persons whomsoever; and that said land is free of all erwumbrarwes, except taxes atcruing subsequent to &~'X;i:~xM} August 15, 1991 and ** .In Witntllll W.trtttnf. the said grantor has signed and sealed these presents the day and year first above written. ** all easements and restrictions of record. c.... /- ,4/1"1" v-( -t-~ t~1{ t!vq~_ Signature l!.D /., ignature t~~f2t 9~/~ vnn pgna~,.. ) k, { C~' ,SiZ: '6/1/ e f-,. 1Z:Jj It Y i r; Prin Signature ,i~~_~_ke.. Pod- ce A reA . (p.txJ foZ~- Prin Signature " Pc c;:.-. ,/7 . ) \;',/\{2u-iJ-kC~2 C{JLif"- I r . Signat~, _.11/1-1., Jl/ Co (~ IJi/ Ii b.? Y. <~~ \ ) <--1-1'-- ,... ~ -\ '-iJ V r'-~ f'..... Printed1li~h' " /I ~- . . . 42 Uf\(Jtr;12i(EL1(;2~' 'I'U:!.t n(fl...... A..I..I~.. l!.D ~ - .",',,- /Q..~_!_fQ: Signature "'Tt'/ Signature - , ," ,. CONTRACT FOR SALE AND PURCHASE '.'" 1.~....:!!'l!la Cooper. Theo 1>-1'. Houston. -"- Ri cha ni '1.' Oller s )1 address on file withBJ~n-F.rh"iI{"ds_R~a1ty, IRC. ______ _____--11 ,,,,,,"785-5641 and_Ci"ty of C193.rwatcr Plorida .('~'1. :JI P_O_ 'Rox 474R ('l~~rwat4ir. III 34ilB IPllolle I. ~ IQI'M thllt IhlI Seller .".. .... and &lVfII ahilllllUy .he lollow,n\l relll properly ("~ill. Pro(ll"lx") '1l'''Jl<lr~()ll~1 property ("!:,!.:"ijonl'lI~") (collectively "~.l L4lOfl lhe following lerrnl and Candttiooll WhICh INCLUDE lho! Sldrld<lrJ.. 101 R.,al L..lalu T,<l.'b<l\:t,Ullb 1l1l11ltJd ull Itlu ItIV,,,,,,, or i.lllilcllt.lI (' ::>t,lI,,1<lH.IlS)') iUld ,my i1OCl."klum to lhls Il\$lrumenl. I. , DESCRIPTION: (al Legal description 01 Real Property located In Pi De 1 1 i'I!,;: Coullty, F10nda ~/K /, ' Lots 8 and 9 Moase & Harrison Sect: i on 1 "i-7Q-l K; 91lb . 58118 ~ (bl Str8e1 addrell. city. zip. 01 lhe Property is: (c) Pel'8Onally: 1128 Brownell St: , rlpilrw~~Ar. VI II. PURCHASE PRiCE....... ...."......."......."............................................"...................... ......... PAYMENT: (al Depoalt(sl to be htld In lacfOW by (bl Subject to AND ueumpllon 01 mortgage in good standing in tallOl' 01 . ........................, $ c;n Qnn nn In the amount 01 S lI'OlIIded. th8t theIe..... It doalng no violation 01 the loregoing IIIld none of them prevents uaa 01 R8a1 Properly lor colllllMitrciill 1lUf'IlOM(11, ""I. OCCUPANCY: SelIIr WIIl'IntI that there lII8 no parlies in occupancy other than Seller, but I' Property IS Intended to be rented or occupied b8yOnd cloIing, the feet IIIld IermI r-....af IhII be lltaled henIIn, IIIld the tenanl(s) or occupants di&eto88d pu~1 to Slandard F. Seller agrees '0 dellll8r occupancy 01 Property at time 01 doling unl8aa oth8nwiI8 UMId haNIIn. If 0CQlpIIIlCy II 10 be d8IhIet8d before closing. Bu)er a5lUmea IH riak 0' loss 10 Proper! Y 'rom dale 01 occupancy, shall be reaponlibla IIIld liable lor nwntenenoI from ''11I -.1IItd IhIlI be d8emId D ... accepted Property In their exilting conditional 01 lime 01 laking occupancy unleaa olnerwise alaled herein or in a 18C*1" writing. ,)(, TYNWRmlN OR HANDWRmlN PAOYISIONSllYpewrllten or handwrll..... prollilliona ahatl control all printed provisions of Contract in confIic:l with them. '(. IN8ULA'nON AIDlR' " CoNIaot II Mtluzad lor the eale 01 I new reeldence, tht lnaulalion Rider or eQuivalent may be attached. .:. lCI. OOMTA&. OON8T1WOTION CONTROL UNI (.CCCL.) "tDIR; II Contracl la utilized 'or thll &ale 01 Properly alfacl8d by the CCCL. Chapter 161, FA. (196li). .. amended. \ .... ~.... the CCCI. RIder lJr _1IL1fant IllIY be ~~ 10 thia Conlract. .<If..'',\i~,:,>',.,..QL. ,'.....,INVII1'IIIII, . NY, IN. "IAL, MONRTY' TAX N:f (.flRPTA.)RIDIRI The partiel ahall comply with lhe proviBions 0' FIRPTAIIIld IPIlIicabIe rlQUlltklnl wi*" oauld ",,'~ ..................... at cIDIIng to ,.. wIlhttoldlng I8QUlremenll. IIIld the FIRPTA Rider or eQuivalenl may be allached to this Contract. ~.~:,._ ..liIIfIIMI n'Y1 ~ (Har (2)1: Buyer (11 0 IIl8)f auign OR (21Onav not assign Contract. . 'IX. .,' . .' ,~. .. :.~ "OLAUUI: COHICK C t) or (211: Addendum (110 is attached OR (21Bl is noI applicable. having an approximate present principal balance of S (cl Purch8ae money mortgage IIIld mortgage note bearing an~1 inlere" al % on lerms 5et 101 th herein, in IIrnoonl of ....,.,... $ (dl Other: $ (II Balance to Clall (U.S. cash. LOCALLY DRAWN certi'ied or cashier'a check), subjecllo adjustments and prorations,.... ...... .... ........ s 50 , 900 . 00 Ill. TI... 'OR ACCIPTANCI; EfFECTIVE DATE: II Ihie oI'ar Is not executed by and dehll8red to all parties OR FACT OF EXECUTION communicated In writing bet_ the pertiN I, )ft';' befonl Apr ill, 1991, $l1Jt::' ~.,qq I '\ ' the deposlt(a) will, at Buyer's option, be returned to Buyer and thl oller withdrlwn. rhe dlte oi this Conlrlct ("elleclivl oale"l will be the date when Ihe 1881 one 0' the Buyer and Ihe Seller hu Ilgnad lhie ollar. I IV. fllNANCINQ: (a) " the puRlha88 price or eny pari 01 it II to be linanced by a Ihlrd parly loan, this Conlract lor Sale and Purch... ("Conlract") ia condIllonId on the Bvrer lbtIlnInO a written aommitrNnt for Ihelo8n wilhin R/a daYI 'rom Efteclive Dale, al an Initial intilrest rate not 10 exceed 'tl.; lerm of ~8B; I WI In the prlnoIpal amount 01 . . Buyer will mIke appllOltlon within dayI 'rom Ellecllvll Calll, and Ill. reaaonabl8 dU1QInoI1o 0btIin IhllClIn oom. 1Ilt8nt Ifld. thereafter, 10 meet the terN IIIldcortdltionl ollhe commltiment and to cloaa lhe loan. Buyer shalf pay all loan expenses. If ~r fail. to obllIin lhe Iolln commitment and, . :JfQIIlPtly notlf.1 Seller In, writing. or after diligent effort' 'aila 10 meet the tarms and candiliona 01 the commitment or to waive Buyer's rights under lhia aubperograph within the llITl8 " .... for obtaining lhe commitment. then either party may cancel the Conlracllllld Buyer ahall be relunded the deposit!s). I,' (bl.. Th8811latlng mortgIgI deec:rlbad In Plll'lQI'Iph U(bl above hell (CHECK (1) OR (2)): (1) 0 a variable interest rale OR (2) 0 a 'ixed interest rate 01 'llo per annum. "t time of 11111 Iranafer 10/118 fixed Interest ratel are aubjllclto increaae. II incressed, the rate shalf nol exceed % per annum. Seller Ihllll, within I' _ from Effeotlw Dale, furnlah I atatement fnlm all mortgagee8 stating principal balances. method 01 payment, Interest rale and slalus 01 mortgages. If Buyer hili agreed 10 aaaume I IltClI1llI8I which requlree approval 01 BI4W by the morlllllQlll lor aaaumptlon. then Buyer 8haII pr~ly oblain aU required applicalions and will diligenlly compIata and return lhem :0 the mortgIgH. Ar'fi rnartgagH ch8rga(e) not 10 pCNd $ lhaIl be paid by (II not filled in, eQuslly divided). " Ihe Buyer I. nol IccIPted ' ~ rnartQIQM or the NQUlrernenflt for ...,mptlon are not in' accclldance with the l8I'me ract or mortgagee makes a cNrge in lxoell 01 the lilted amount. Seller or " ~ 1M)' ..lOInd thII ContrIOI ~ prompt wrllten noIlee to the other perty unllle 8iIhar ~ reaee In inllrest rate or IXCI.. mortglg8ll chIIgel. . V. TITU IVIDINCI: At IIIIt ....J..S.. da,ye before cloalng dill, SaHer shaH. II a:;a:. .' e, II r to Buyer or Buyer'S IlIorney, In 8OCon:tlnce with Standard A, (CheclII ( 11 ' 'J( (2)): (11 0 abltrect 01 titlaOA (21 rKJ title insurance commitment. . :;"1 TJ : . . i "I. CL08ING DATI: Thle IrInllCtlonahall be clo88dand the deed and other clO$Ing '. 'II8red -X- 31 -C) 1 ,unless extended by other provllionl 01 Contract. j, 'D. "I""IOTIONS; IAlIMINTI; U"ITATIONS: ewer ehalltake Iltle subject to: zon . "tricJions hibitlons and other requirements unposed by governmenlal aulhority; ra.l1ic1ions . lnd IllIttIn ,",""ng on the plat or otherwise common 10 lhe eubcllvision; public utillly 01 record (easements are lobe located contiguous to Real Property Ilnel and 101 IllIn than 10 feel In width .. 10 the rear or fronl lines and 7'A1 'eel in width as 10 lhe side lines, unless otherwISe specified herein); taxes for year of closing and eubl8Ql.Wll I .Jfl&l'Ii a&UIlIid mor1gagea end purc:hue ntCll18Y mortgages. if any; other: r [' f I 1: )~. 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. ~ doeIJ not COI'ISUfufI8 /WI opinion t/I8t II/"IY 01 the f8Ims snd conditiOns In ftIis ConIIltCt s/IOUld be acceptod by the parties In a psrtJcu/BI tnlnSaCOOn. TlWIIIS Wtd ClClndtllanll/hOukl be l>>QOlisled based IfXlO the f8lPICtMil intetflSls. obteCt.lI6S and batgaining pclSI/IOns 01 all inllH8Sted ~ COPYRIGHT 1968 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC. ----------- OF_C EAAWAT~R (Buyer) r I. r l ','. :- r(~h 0._ CP~~II~e _ "'J.r/'il . Datew ~clal Secunly or Tax 10 # '31 {-LlLf-Cf~ :J- 3 c.f - \.. (,/~/w Date y!z-r,17/ Date .~, !).... -4-1 -9 / Dale 0.11 (S,,'ler) M.A. Ga br41..tl\- 1t-y- tlQ ney . I .,.,. ,.:.- . " ~~'~...(.i iR:lIr ParaQi'atillll}~ct,.FO!.I:IlR THAN CASH. THEN SUBJECT TO CLEARANCE. ~ PEe: (CHECK '~TI! THe ONE APPUCASt.E) By: J. '. ~"U!lW' OURRENTLY IN EFfECT: . ~ the, ,."., below. ~ cooperlling aub-agaols named, accordi/1Il to the terms 01 an existing, separate listing agr..-t: ..It . J ...."" "1I1"-'-OUA"E!!ItY IN EFFlCT: '. 1 n PIIY , . . bIIow. tlma of cIoalng, from the diabur&8ments of the proceed!; 0' the sale, comp.msalion in the amount 01 (COMPLETE ONLY ONEI ........... .. of ~ purohaae prtae OR S . '.'or Broker'l IIrvielsln effecling the sale by lIndlllg lhe Buyer ready, willing and able to purcha88 pu~ to the fortlllOll1ll , -.at. " ~ lalla to perform IIIld dIpoaItC.11e retalned.liO," thereof. but not axceeding the Broker'l lee abowl provided, shaH be paid BroIler, 81 luU conIideratilln for Broilef'. "*- IncfudIno coate ltICPIfI(Iad by 8RIMr. and the balance shill be paid to Seller. II the transaction ahall not close because 01 refuaal or failure 01 SeUer 10 perform, Sellar 8hIll IY .., fill lee to Broker on l:IeINlnd. In IIYi Hllgallon erl8mg out 01 the Conlraol concerning the Broker's 'ee, the prevalhng party shall recover IUIClfl8bI8 Il1orn8)I '"' lII1d ~.. (ElCrow AQant) Social Securtty or Tax 10 # l~,n-E.~~C- (1&.1 lory) . ~' , ~)/U'. . ti~A A.-'-'~ \ ,.J )... . _.~dJ,1 -~~ard ~s ( Seller) AlDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. - ... i l A. EVIDENCE OF TITLE: (I) An ab~"ad 01 IIII,~ flIPpaled or hro"JI11 cum,," by a ",pul;,I1I.> ,,,,<I ""slin,) ail,;Ir.,,:llilm (iI nol ')K",tll'q 1I,,,n c<,rt.II<,<1 as COIIOCt by all 0"5111'9 fir jllirporlin1j 10 be an accurate synops.s o.f Ihe II.slillln"nls afl,'c111"J 1111" lull.;;11 P",,""'y r."",,,I,,d ,n Ih" ""IJlle ",<:""'" "I It", counly wh"""n H"..1 Prop"rly IS 10cali"l. ""0lK)h [fle~t, Date and whICh shall commence with Ihe earliest publiC rocoros, 0/ such late, dale 'as may "" cuslol1lary ," II") cou"ly, Upon C")~II,q of lI"s Irallsa,:lIon II". ab",rncl shall bocol Ihe property 01 Buyer, sublect to the right 01 rei en lion Ihereol hy IIIst morlqageeuntil lully p,)I(1. (2) A lillp. ",,;,"anCI.) coml11ll111onl Issuedtly a Florida licensed IllIe II1surer agreel to issue to Buyer. upon recording 01 the deed to Buyer, an OWllflr'S policy of IIfle Insurance In the amounlol II1P pllrchnse price, Insuring Buyer'S IIlIe to Real Property, subject o. to liens. encumbrances, exceptions or Qualification set torlh in this ContrAct and lhose which shall be OlsclllutJ,,<1 by Sell..r at or blllore closll,g. Seller shall colll/tlY a msr1letat title subject only to liens, encumbrances, excepllons or qualiflcahons set lorlh In Contract. Marketahle tille shall be <1,~lermll1eo according to applicable Tille Slandards adopted I authority of The Florida Bar and in accordance With law. Buyer shall have 30 days, if ahstract, or 5 l1ayS, It hllo comnntment, Irom daltl of recalvlll{l evidence 01 IIlIe to exam" it. II titla is lound defective, Buyer shall, within 3 days, nolily Seller in writing spacllying dnfecl(S) ,II Ihe detecllsl, render hila unmarkelable, Seller Will have 120 days Irom rece, of notice withIn whlch to remove the delect(s). laili(19 which Buyer sl,all have the ophon of Ollller accnptlng Ihe tllle as It then is or dllmandlng a refund of deposil(sl paid Whl' shall immediately be relurned to Buyer; thereupon Buyer and Seller shall release one anoll111r ot all furlller obligallons under Ihe Conlracl. Seller will. if t,'1e IS found unmar1letal> use diligent e1lortto correct delecl(s) in tille wilhin the time provided 1I1erelor, including the bringing 01 necessary SUitS. B. PURCHASE MONEY MORTGAGE; SECURITVAGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide lor a 30 day grace period lhe event of de'ault if a lirat mortgage and a 15 day grace period II a second or losser mortgage; shall proVide lor nght at prepayment .n whale or in part Without penally; sh not permit acceleration or interest adjustment in event of resale of Real Property, shall reqUIre all prior lien and 'er)cumbrances to lle kepi In good standing and lorbtd modiflcatio of or future advances under prior morlgage(sJ; and the mortgage, note and security agreemenl shall be olherwlse 111 lorm and content required hy Seller; bul Seller may only reQUl clauses customarily lound in mQrtgages, mortgage notes, and Sllcurity agreements generally utilized by savin'l ,lIld loan 1I1slltuhons. or slain or national banks localed in the coun wherein Real Property is located. All Personalty and leases being conveyed or assigned Will, at Seller's option. lle subJecl to Iile lien 01 a security agreement evidenced by record, ftnancing slatements. II a balloon mortgage. the final payment Will exceed the periQdic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time, alk>wed to deliver evidence 01, tille Jnd to examine same. may 1,;\Ve Re:" Properly surveyed and cerlifled by a registered Flan surveyor. II survey Shows encroachment on Real Property or that IInprovements located on Real Property encroacl1 on sellJack lines, easements, lands of others. or Violate any reslnctlol Contract covenants or applicable govemmental regulation, the same shall constitute a tille defect. _ 0 0: HTERMiiES:-Suyer,-ai-Suyer's-expense, willlln tll1le- "lI'Jwed'-lo ctd~Jcr--evidnnc" of- tiI~,- Jnd to- examine -sarne,ffltt')',+..we n,;al_P-ropALly-inspeClerUJY a FWi<:IaCer.hherl Pesl Conl'- Operator to determine if there is any viSible active termIte infllstatlon or vls,ble existing, dama~e Irom tel mile infestation In Ihe improvements. II either or both are lound. Buyer v have 4 days from date of wrillen notice thereof, will1ln which 10 Ilave all damages: wl1ether visible or not. inspected and eslimated by a licensed builder or general conlractor Sel! shall pay valid costs of trealment and repair 01 all damage up 10 2%<1 t'Jurch<lslr,lVlce.' ShOuld such costs exceed Il1al amount, Buyer shall have the oplion of cancelling Contra withi.. 5 days after receipt 01 contractor's repair estllnale by 'jIVlllg wrjtlen.noflce-Io Seller Of lluyer may elect 10 proceed with Ihe transaction. in which event Buyer shall rFlcer a credit at closing at an amount equal to the tolal of lhe Irealment and mpai, estimate not ,n excess at 2% of Ihe purchase p,ice. "T(!rmites" shall be deemed to Include all WOI destroying orgafllsms leQulled to be reported under 11111 Florida Pest Conlrol Act. E. INGRESS AND EGRESS: Seller warrants and represenls that there IS 1l1gressand egress 10 the Real Properly sutflclent lor Ihe intended use as deSCribed in Paragraph VII heree tille lu whICh is in accordance ~,th Standard A. F. LEASES: Seller shall. not less than 15 days before closing, lurnish 10 Buyer copies of all wrillen leases and estoppel letters Irom each tenant specify.ng the nature and dura lie 01 the tenant's occupa'1cy, rental rates, advanced rent and security deposits paid by tenant If Seller is unable to obtain such letter from each tenant, the same Intormation shall t. furnished by Seller to Buyer within that time period in the lorm of a Seller's affidavit, and Buyer may thereafter contacl tenants to confirm such information. Seller shall, at closin .deliver and assign all original leases 10 Buyer. G. LIENS: Seller shall lurnish to Buyer at time 01 closing an affidavit attesting to Ihe absence, unless otherwise provided for herein, of any financing statoments, claims 01 lien ( potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property lor 90 days immediatelY preceding dale 01 CloSing. " Proper: has been improveQ, or repaired wilhin that time, Seller shall deliver releases or waivers 01 mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmf in addillon to Seller's lien allidavit setting forth the names 01 all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvemen' 01' repairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing. H. PLACE OF CLOSING: Closing shall be held in,the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. . I. nME: Time is 01 the essence 01 this Contract. Time periodS he.ein of less than 6 daYS shall in the computation exclude' Saturdays, Sundays and alate or MIloneI. hoIidIIy' and any time period provided lor herein which shall end on Saturday,. Sunday or legal holiday shall extend to 500 p.m. 0/ the next ~usiness day. . J. DOCUMENTS FOR CLOSING: Seller shalllurnish deed, bill 01 sale, mechanic's liSn alljdavit, assignmenls 01 leases, tenant and mortgagee estoppellellers, and corrective Instrument Buyer shalllurnish Closing statement. mortgage, mortgage nole, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instrumenls Shall be paid by Seller. Documentary stamps, intangible tax and recoldlng purcha3e man;, mortgage 10 SeUer. deed and financing statements shall be paid by Buyer. L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expet\ses and revenue 01 Property shall be prorated through day belore closing. Buyer shall hav the option of taking aver any existing policies of insurance, il assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may t required by prorations. Prorations will be made through day prior 10 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 shaU be prorated based on the current year's tax with dlle allowance made for maximum allowable discouc bOm88lead ,alllLother exernptiQos. II closiOg_~l,!fS at, a date. when the current year's millage is not lixed, and current year's assessment is available, laxes w,1I be prorated base upon such assessment and the prior yeai'-s mtUage-:l!current yaar'sassessn.-efl""1iUi<wailatlt.1,ihentaxes-wrllbC~<Jl'l lhe-pfif,r y~'~ l'ix,-U-llw'e ar..~ted 100000vemenl on Resl Property. by January 1st 01 year 01 closing which improvements were nol in existence on January lsl at the prior year 1I1en taxes shall be prorated based upon the prie year's millage and at an equitable assessment 10 be agreed upon between the parties, lailing which, request will be made to the Counly Property Appraiser for an II1formal assessmel taking Inlo consideration available exemptions. Any tax proration based 0/1 aneshmate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt 01 tax b on condition that a statement to that ellecl is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Cerlified, confirmed and ratilied special assessment liens as of date of closing (and not as of Effective Datel are to be paid by Seller. Pendir, liens as of date 01 closing shall be assumed by Buyer. " the improvement has been substantially completed as of Effective Date, such pending lien shall be considered 8S certilieo coafirmed or ratified end Seller shall. al closing, be charged an amount equal to the last estimale of assessment for the improvement by the public body. N. INSPEcnON. REPAIR AND MAINTENANCE: Seller warrants that, as 0' 10 days prior to closing, lhe ceiling. rool (including the fascia and sollits) and exterior and interior wal' dO not ha... any VISIBLE EVIDENCE 01 teaks 'Dr water damage and that the septic lank. pool. all maJOr appliances. heating, cooling. electrical. plumbing syslems and machinery ar In WORKING CONDITION. Buyer may, It Buyer'S' expense, have inspections made 01 those items by an appropriately Florida licensed person dealing In the construction, repair 0 malntenance .~ thoae items and shall report in writing to' Seller such items that do not meet the above standards as to rlelects togllther with the cost 01 correcting them, prior I Eluye(a occuP8!'CY or not less Ihan 10 days prior 10 closing; whichever occurs first. Unless Buyer reports SUCh deleels within thaI t.me Buyer shall be deemed to have waived Seller' werranlies .s 'to detects not reported. If repairs or replacement are required, Seller shall pay up to 3% 01 the purchase prICe lor such repairs or replacements by an appropriatet Florida Ilcennd person selected by Seller. II the cost '01' such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, lailing whle' either party may cancel this Contract. II Seller is unable to correct the delects prior 10 closing, the cost thereof shall be paid Into escrow at closing. Seller will. upon reasonabl, notice, provide utilities service for Inspeclions. Between Effeclive Date and the closing, Seller shall maintain Property includtng bul nollimited to lhe lawn and shrubbery, in the conditio heI8ln warranted. ordinary wear and tear excepted. Buyer shall be permitted access for inspection 01 Property prior to c1o~ing in order to confirm compliance with this Standal( O. RISK OF LOSS:.II the Property is damaged by lire or other casually before clOSing and cost 01 restoration does not exceed 3% 01 the assessed valuation 01 the Property s damaged. cost of restoration shall be an obligation 0' the Seller and closing shall proceed pursuant to the terms of Conlract with restoration costs escrowed at closing. If the co~ 01 restoration exceeds 3% 01 the assessed valuation 01 the Improvements so dama(jed. Buyer shall have the opllon 01 either taking Property as is, together with eilher the 3% e any Insurance proceeds payable by virtue at such loss or damage, or 01 cancelling Conlract and rece,ving relurn of deposit(S). P. PSt)CEEDS OF SALE; CLOSING PROCEDURE: The deed shalllle recorded upon c1ealance 01 funds. II allstract. evidence oltille shall be continued al Buyer's expense 10 sho\ tiUe .~r. without any encumbrances or change which would render Seller's IiUe unmarketable from the date of the lasl "v,denee. Procellds of the sale shall be hekl in. escro\' by Seller's allorney or by such olher mutually acceptable escrow agent for a period of nol lon'-jer than 5 days from and allllr closing dale It Seller's tiUe is rendllred unmarketabl. through no laull of Buyer, Buyer shall, withIn the 5 day pemd, notlly Seller III writinq 01 the de/ect and SullfJr shall havu :10 days Ira", dale of .oceijJl of such rlol,ficalionto cur the defect. II Seller fails to timely cure the delect, all deposil(s) shall, upon wrillen demand tJY BlIyer and wllhin 5 days aller dtlmalld, Iltl returnP.d to eUl'Ilr ~nd slloullaneously wll such repayment, Buyer shall return Personally and vacale Real Proptlrty and reconvey it to Seller by special warranty deed. " Buyer lalls 10 "lake li!nely demand lor relund. BuYF shall take tille as is, waIVing all rights againsl' Seller as to any Intervening dtltect except as may be available to Buyer by V1ftUll 01 l(;a7,anl[es. cUnlaineq in ihe .deed. " a portio 01 the purchase price is to be derived from institutional financing or refinancing, reQuirelTlllnls of Ihll lendinlJ ," ,IIIIIlion as to pl;Jce, 111M' OJ day and prjJcedures lOr-clOSing, and Ie dlsbursemenl of mortgage proceeds shall conlrol over contrary prOVISIOn If1 Ihls Contract. Seller shall have the light fa require lrom the .1Cnding inslltution a ....lIttan cemmitment thr- it will nol WIthhold disbursement of morigage-proceel1s as a resull 01 any IIIle defect allrilJulallle to Buyer-lllOllgagor. Ih.) escroV!' anD closll1Q...Pfo.ceJure re'fu.r<:.:iby. 1hls Standar may be waived if tiUe agent insures adverse mailers pursuant to Section 627.7841, FS ( 1987). as amended - - . .-- .-- -:;-- ~-<"-~ a. ESCROW: Any escrow agent ("~") receiving funds or eQuivalenl is authorized and agrees by acceptance of them to deposit t~em pro~y, hold same in ~~:'fOW .and, subjee to clearance, disburse them in ac,cordance wllh terms and condihons 01 Contract. failure of clearance 01 lunds shall not excuse Buyer's per.lormarlCe. II in doublas--ro Agent's dutle or liabilities under the provisionS 01 Contracl, Agent may, 'II A'jW1t'S oplion, conlll'UI~ to 11,,101 lI,r) suhlect mailer 01 Ihe ,,'}(rOW 1111111_..1'11' p~~.ri'lu\ually agree ,"10' rt~disbursemen or unlll a judgment 0' a court of competent Jurisdiction shall oeteffninfl the rlgl1ts 01 tllH partll!s or A'Jenl may rl'!po,,,' wllh 11111 r;1<,rk ;j] -'h& cllcull"COlJrl havii1'l~Ir.rr;~cilc"on 61 tl1 dispute. Upon notilylng all parties concerned of such aclion. allliabilily on the part 0' Agent shall fully terminate, exe,'pt 10 IIle exlent of Jccounling tor - any It"liis preVIOUSly delivflre' out 01 escrow. II a licensed real estate broker, Agent Will comply With provisions of Chaplnr 475, FS, (19871. as 81llendHd Any SUllbollwMnB\.yer and SQJlehwhere Agent is mad a party because 01 acting as Agent hereunder, or in any SUIt whllrein Agent interpillads the sublecl mailer of IIle escrow. Agont shallrecovef leas.onable iollor:ley's fees and cast incurred wilh lhe lees and costs to be charged and assessed as court costs in 'avor of the prevailing party. Parties agrlle that ~nl sh.all not be. Iiable.to any party or perso 'or misdelivery to Buyer Of Seller 01 items subject to this escrow. unless such misdelivery IS due to wllllul breach 01 Contract or gross negligence 01 AgeAt. - . . R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contra!:t, the prevailing pany shall be enhlled to recover reasonable allorney's leesllnd costs. S. FAILURE OF PERFORMANCE: II Buyer 'ailS to perform this Contract within the time specified (including payment 01 all deposit(s)), the deposit(s) paid by Buyer may be retaine by or lor the account 01 Seller as agreed upon liquidated damages, consideration lor the execution 01 this Contract and in full sHlllp.menl of any claims; whereupon, Buyer and Selle ~hafl be relieved 01 all obligations undE!( Contract; ur Seffer. at Seffer's option, may proceed in p.quily to enfllrcll Sillier's righls under II1IS Contract. II, tor any reason other than 'ailur' ), Seller 10 make Seller's tille marketable aller diligent ellorl, Seller lails, neglects or relusHs to perform this Cont,act, the Buyer nuy seek specllic performance or elect to receiv' the return 01 Buyer's deposit(s) without Ihereby waivinq any action 101 damages resulting Irom Seller's bredd1. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Conhacl nor any nolice of It sl1all be recorrl"d in any putJlic records This Conlract shall bind an ,nUre to Ihe benetil 01 the parties and Ihell successors in ,n"",'st. WllIlfleVer Ihtl conte,t pellllllS, sll1<]ular sl1all lI1chldt! phudl dnd (II'" gender sl1all include all. Notice g.ven by " '0 the attorney lor any party shall be as ellective as if 'JlvenlJy oJr 10 thai party U. CONVEYANCE: Seller shaff convey tille to Rf!al Properly hy ,;talulory W,lf/.lllly, Im-,In"s, p,.,son;11 ,pp",senla',v"s PI II",'" "",,',; dl,,'d, ,IS appropriate 10 the stJlu:> of Seller, sublec 'lflly to mailers contained in Paragraph VII and lilse olherwls,,"~e"ptnd hy Buy"', p,,, ';on.llly ,;Iull, ..I Il"',l.Iesl ,)/ GUY"I, b," II ,lIloli1l ,,"J by :In allsolute bill 01 sale w.th warr;lf11 ,), tille, 8ull/ect only to such mailers as may be otll<:, wise prov.ded t.), hAleln. V. OTHER AGREEMENTS: No prior or plesent Jgr~ements or r"prese!,!ations shall be hinding upon Buyer or Sellpr lJnle~s included in Ihis Contract No modification or chanq8 i, tlus Contracl shall be valid or binding upon Ihe par lies unless in,wlltlng '"11ftm~dll~oJ by the party Or par lies intel1d.).1 to I',' bnund hy il . N. WARRANTIES: Seller warrants that there are no l:lclS known 10 St!IIt!r malenally afl"Cling Ihe valup- of Ihe f~"..1 I'r"fl""y wh.ch,re not rpadrly ohservablp hy Buyer or whiG' ',we ,")t been dlSclOsfld 10 Buym. STANDARDS FOR REAL ESTATE TRANSACTIONS CONTRACT FOR SALE AND PUR~HASE ~ ~o l'AIIII,"II,2~-t<!_coo~er, ~he_Qla,f'. Houston ~ -Richard A-. eI ~-r----<..-'1 o:? (M rJf address on fl1e wlthB. ;:m-Rihol;lrdj; B~alty, Inc...-- _._ -----. ----- I' 1"""J.s~A..l----, and Ci ~y of C19aniater Florida .I~'. ~ P_o. Roy 474A CJ~a~watQr, VI 34610 (~d~ I. ".,. I\iIIM lhat the Seller IIl8II lell and Buym 8halllX'Y ltlol follo\oVjng real prOt/arty ("R"illl?!QC!!~") IIld Jlt'r~I",~1 plilperty 1~!!,~!~'II"oIlectl""ly "~') upon the followlllg te,.,nl and conditions whICh INCLUDE IIIIt SldflO'IfJ~ IUI Htlal (~lalu 11"n~"l;:lIun~ 1-',,,'1,,(1 un U,,, IUV"'~l' ur "11,,<:1,,,,'1 ~1.llk1aIlJt~j I ill<J .lllY a.xlllllUum lu thl6 Instrument. i I. DESCAIPTION: (a) Lsgal description of Real Property located In Pi ne 11 ;I ~ County, Florida f!J}( II Lots 8 and 9 Haase & Harrison Sect: ion .11'\-'}q-ll) Sub # 58338 (bl Street addreea, city, zip, of lhe Property i6: (cl I1iraonally: 1128 Browne]] ~t: , r1~arwat~r. VI :' II. PURCHASE PRiCE............................. ............. .... . ..... .................. .. ............ . . ...... . .... . PAYMENT: (e) Oepoalt(ll) to be held In escrow by Ibl Subject to ANO asl\lmption of mortgage in good standlflg in fallOf of .....................................$ t;n qnn nn III the amount of S having an approximate presenl principal balance of S Ie) Purcha18 moneymartgag8 and mortgage nole bearillQan"" inteAls! et % on terOls ~et to/th her"ll1, ili lIIllOOl11 01 ,......... $ (d) Other; $ (II Ballll1Ce 10 CioM (U.S. cash, LOCALLY ORAWN clIrtilied 01' cashier's check), &lJblecllo adjustments and prorations....... .... . ... ...... .. s 50 , 900 . 00 III. nMI 'OR ACCIPTANCIllfFECTJVE DATE: II thlll oller Ia not ex by und delivered to all parties OR FACT OF EXECUTION commurncated In wnllng be'-1 the l*I- )ft ~ befol'e '. ::Tu. ,.DiE'J.. I . , the depoall(a) will, at Buyer'1 option, be relurnld lO BlIYlr Ind the oll.r withdr.wn. ~hl dati oi thla Contrlct 1"5:ffectlve Oale"l will be Ihe date when the 18&1 one of the Buyer and the Seller has signed thla offer. IV. PlNANCING: (alII thepurahaa8 price 01' ally part of il Ie 10 be financed by e third party loan, this Contract lor Sale and P"n.haae ("Conlr.cl") is oondiliolWld on the 8lt;er ~ I written oornmltm4tnt far the loan within R/;;l dayI 'rom EHeQlive Date, at an initial interest rate not to exceed 'Ilo; tarm 01 ""ara; I Ind In the prlnoIpIl lmount 01 . ' Buyer wllllTllk' appllCltion within dtya from Ellaclive Date, and 118. NllIOnabII dillQlllCt \0 obtain thllaln com. 1IIt8nt lUld. lhenIafler, to ....tthe terma Ind conditions 01 the commillment and t~ close the loan. Buyer shall pay all loan expenses. II 8u)<er fails to obtain the loan commitment and, =-omptIy nolIl. Seller In writing, 01' after diligent ellort laila 10 meet lhe terms and conditions of the commitment or to waive Buyer'a rights under thie aubpa(lgraph within the ItmIl ItallClIor oblalnlng the com~l, then either party may cancel the Contract and Buyer shall be refunded the deposil(S). . (b) . The exlatlng mortgage deeCrlbed In I1irlgraph II(b) ebave has (CHECK (1) OR (2)): (11 0 a variable inlerest rele OR (2) 0 a fixed interest rale 01 .. per annum. o\t time 01 lit. trenaler .ome fixed Interelll retea are I\lblect to incraa.e,lf increaMd, the rale ahall nol exceed % per annum. Seller sh'lll, within :.IayI f/Qlll Effllcthle Date, lurnllh I atatemant from all mortgageea lilting principal balanCes, method of payment, interelt rale and Ilalul 01 mortgagea. If Buyer hu &gnIed to IllUme . mortgIge which requirealllClfO\lal of ~ by the mortgBg18 lor I88Umption, Itlen Buyer ahall promptly obtain all reqUIred applicatIOns and will diligently ~ and return them I :0 till mortgagee. A~ morlglIgeI chalge(11 not to exceed S &hill be paid by (il nol filled Ill, llQual1y divided I. II the Buyer il nol acc.ptld , ~ IIIOI'lQIIQeI or the NQUltementl for ueumplion are not In' accordance with the terms ct Dr mortgagee mskes e charge in excels of the atallld amount, Saller or ~ fIllY reaclnd thla Conlfeot by prompt written notice to thl other party unlell either ~' rease In inlerest rale 01' exceas mortgagee charges. 'I. TITU IVIDENCE: At Ieut J.5... days before ..CIOSlng date, Seller aha., et SeII8r . '. t. to Buyer or buyer'S attorney, in accordance wlthSlandard A, (Cheok (1) )((2)): (1) 0 Ibalract of title OR (2)6a title insurance commitment. ' . "'" Z : 'IL CL08ING DATE: ThlllrlnUCtion ahell be cloaecl and the deed and ofher cloaing e1iver~'o , fI!{-l] - q 1 ,unleas extended by other proviaiona of Contracl. lIlL RlaTRIOTIONS; EAaIMINTI; UMITATtONS: B\Jyer shall take title subjecl to: zoning, hlbilions and olher reQuiremlinls imposed by governmental aulhority; reatrictions lndlNlttlll'l lIPPHI'lng on the plat Ol otherwile comll'lOO to the subdNiaion; public utility ease s of record (easements are 10 be located contiguous to Real Proptrty lines and lOt moM than 10 feet In wldlh II to the rear or 'ront lines and 7.... feet in width as to the side lines, unless otherwise specilled herein); taMS 101' year 01 closing and subsequent ,. ..ura; AIIUI'Iled mortgegN and purcha&e money mortgages, if any; other: il I I I , lrovlded, that theN .lie" It cIoIIng no vioIalion of thelOl'8going end none of them prevenl8 use of Real Properly tor COIlllllQ r <" i .1 purpoaeIl). 1111. OCCUPANCY: SeIItr Wl/'ranta that there are no parties in occupancy other then Seller, but II Property IS intended to be renled or occupied beyOnd Ckleing, the f8Ct and Iarml neNOf IhalI be atated heI8In, and the tenant(s) or occupants diactoaed pursuant to Standard F Seller agrees to dell\lOr occupancy of Property at time of cIo&ing unleaa othIIrwi8e ltated 1wIlIn. If oca.apancy 1110 be deUvet8d befOl8 clo$ing, Buyer allUmea all rilk of loss 10 Property 'rom dale 01 occupancy, shall be responalble and hallIe for ~ lrom ..,.. .' IIId IIhalI be dNmId to ... eccepted Proclerty in lhIIIr exieting condition 118 01 time of taking occupancy unless olherWise slaled herein Ol in a 88P8rata writing. ,lC. TVNWRITTIN OR HANOWRmlN PROV18IONI: 'TYpewrltlen or har"Gwrltten provlaiona &hall control all pnnted prOVisions of Contract in conflicl with them. "Co INeULATION RIDIRIIf ConIraot 1& ~Ized fOl the aaIa 01 . MW Nlidenoe, lhe lnaulltion Rider 01' equivalent may be attached. i \~:; , 10. OOMTA&. OOH8TRUCTION CONTROl. UN. C-CCCL-) 'UDIA: If Contr8Ct Ie utilized lor lhe aale of Properly allec:ted by the CCCL. ChapllI' 161. FA, I1g85). .. amended, I.. ,!hIII'- _till cc:oL RIder qt IQIIIvIIant may be ll1tiCliiG \0 thia Contract. !,j,l,~(,"',:I, ,',".'_... . "I" INVUTMINT, ",... RIAL'....ONRTY, . TAX AJ;r C-fIAPTA-) AIDER: The partiea shall comply wilh lhe provisi0n8 of FIRPTA and epplicable ragulatlona whidl could ~I,.,.,,~,'.<<,;:~,'..,., ~.,....... ............ cIoeIng to I,,", withholding ;eaur-rementa, and the FIRPTA Rider or eQuivalenl may be attached 10 this Contract. . ,,....AI.c.n~" 1TY1(Qd (1) or (2)): ~ (11 0 mey IIIign OR 1210neY not II88IlJl Conlract . I)X ~ : ,,".;, , \CIV.:~CLAUUI:(CHlCK (1) or (211: Addendum (1)0 is attached OR (2llilis not applicable. i THIS IS INTENDED-TO BE A LEGALii BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIOA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. ~ doa no( 00fIlS1Ifufa .. opin/ofI /het Ilf'IY cI the tenns IIIld conditions in 1M Contl8Cl should be accepted by the parties in a pi/I1JCU/af transaction. Tfm15 llfld ocnMtOIIlhouId be r>>QOIiatecl basecllfXIO /he I8IlP<<IMl inlSfesls, ob/6Cl,lIfIS and bafgaining positIonS 01 aN inlSf8Sted pt1tSOrIS. COPYRIGHT 1988 BY THE FLORIDA ,BAR ANO THE FLORIDA ASSOCIATION OF REALTORS. INC. --------- ARWAT~R (Buyer) f(j.'5' 1"11 I I. 1 I , '... :- oaleQ ~~ ~ '_ . (Seller) ~~/qi . Date_ __!\ociaISeCU~y or~axlD# '}(). S -- /2- tJ /7 It, t.l~lJ71 Date r;}-)~~-,-->Y~6<~Z~:J: ( " -oCT I ( . Stiller) O"'-~...<I..:t:::o~ ~ . _ . _. 41-r/t'fJ Date SoCiaISeCurilYOrTakIOI":;::':~/ '--{;-"7l,/;>" M.A.Ga brtn:.1:~ ~ .l"t.;"- Att-orney ( ~'~iPoah(.) under AlraOraPb.II~; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. IQ(8R'8I'EE: (CHECK a ~TE THE ONE APPUCA8LE) By: ).. u..=:::~::;.,- ~A:~r~~~raling SUb-~ts nemed, accordinlllo lhe lerms 01 an e.iSllng. separale Il6tlllg agraemanl: .It ). ~~ AG"IIM.NT~AAENTLY IN EfFECT: lJiIIf' PlY IhII1ftl1le1 below, et lime of cIoaing, lrom the disbursements of the proceeds of the sal&, comptlnsalion in lhe amount 0' (COMPLETE ONlY ONE) , J.O.. " aI .,.. purohaM pItDe OR S , fOl BroIcar'a lI8I'vicea in eflecllng the Illi~ by ftndlllg lhe Buyer ready, willing and able to purcha81 puf8UaI1t to the fOllIgOIOg , . __ If ~ lalla to perform and depoejt(ll Ie retained, 50'110 thereof, bul !IOl exceeding the Broker's fee abow provided. shan be paid BroIler, 81 luU COOIideralion lor BroIler'I .,... IncfudIng COltl ellPlfl(led by EIroIc8r, and the balance shall be paid to Seller. If the transaction shall not close because 01 refusal 01' lallute of Seller to perlorm. Seller ahan 'y .. fuI ,.. \0 Broker Oft demand. In II'rIf 1It1ga11on arilltng out of the Contraot concerning the Broker's lee, lhe prevslllng party ahaIl rocollll' reuonable, '"Olney 1M, and coetl /';; J ld~ :If.:~::)~'.~' .~T (.y Dale ;' 1/' 0J':')j/~ 6/ ~W:' / / I , / (ElCrow Agent) .,:m~.::l~C- (eu tory) {iJ k_~4v {~1JV"'L- }X~l/~?~~. C~l:~/;/!/ ~I! " (Seller! (~, Theola Houston AlDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS UR THE FLORIDA BAR '/" y ", I .J I t " A. EVIDENCE OF TITI.E: ( 1) An allslra'" 01 lill" pr"I",,,,,1 or "rollql1l cUI",,,1 by a /I'[lIlla"Io' :lIhl I'Xlslonq all,,'r,ld firm (il ",.1 ."",I,nq IIh,n cerlollt!<1 as eo"oct by .m "",.w.., III purpOrli'".l'0 be :Ill aceul"t" Sy'lOpSIS of lii,,",':;"III'''"1S ,IIII,ctllIlJ 1111" III H,,;ol f'r,II"'rly "";(,,.f.'tI "' II'" 1,,(1)111: "'"IIt1" "I '",, c(<\If,ly w""""nll....i Prop,"'Y '5,10<::lll'd, tt"O'~I',lltecl, Date and which shall commence with Ihe eiullesl pul)Il<: ",corcls. or such laler d"lr, 'as "':lY Ill' cIl5Io/l,;ory In 'Ii" ,""11"Y, IIpuII ci<'''"''i 01 tillS transad,,'" II'.' .10"1",<:1 shall b"co. the property 01 Buyer, subJecl to the rlllhl 01 relenl,on thOleof by IIIst mort(JiI(Jee until fully palll. (21 A I,ll" In,,\If;lnee commilmenl Issu",j tlY a Flollda licenser! tllle ,nsurerayreel to issue to Buyer, upon recording 01 tbe deed to Buyer, an ownor's pollcy of Iltle Insurance In Ih" amount of II'" pllrchase pllr.tl, Insullng Buyer's Iolle to Real Property, subtecl 01 to liens, encumbrances, exceptions or qualllicalion sel forth 1'1 Ibis Conl/llcl and those whlCb shall be dlscbrlrg"rj by Sell"r al or belotEl Closing.. Seller shall corrvey 8 marlwlal trtle subject onty to liens, encumbrences, exceptrons or qualifications set fortb rn Contracl, Marketable title shall be dl!lermrned according to applicable Tille Slandards ndopled I authOrity 01 The Florida Bar and in accordance WIth law. Buyer shall bave 30 days, II abslri)c1. or 1> days, Iltlllo comnlllmenl. horn dale of recelvulg e~ldence 01 Iltle to examl, it. II tilla is lound defecllve, Buyer shall,wllhul 3 days, nollly Seller in Willing speCifYing dofecl!sl. II Ibli def"c1(til rel.lor tllle unmarkelable, Seller WIll have 120 days lrom reee, 01 notice within whICh to remove the defect(s). fOllu.,{,J which Buyer sllall have the op"on of either ar.cnpllng 1I1tl Iltle as II Ihen IS or d"manding J relund of deposll(sl paid wh" shall immediately be returned 10 Buyer; ,Ihereupon Buyer and Seller 51mll release one anolll"" of all lurther ot)lIqallOns under Ihe COlllracl. Sell"r will, II tllle IS lound unmar1<etab use diligent ellortto correct delecHs) in Iille wllhin the time provided Ihemlor, including tM bringing 01 necessary SUItS. B. PURCHASE MONEV MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morlgaqe and mortgage note to Sell"r shaH provide lor a 30 day grace period the event 01 delault if a firs' mortgage and e 15 day grace period ii, a second or lesser mortgage; sball proVide for nght of prepayment in whole or In part Without penally; sh not permit acceleration or inleresl adjuslment in event 01 resale of Real Propf~rly; shall require all prior lien and 'en<:umbrances 10 btl kepi In good standing and forbtd modi/lcalio, 01 or luture ad~ances under prior morlgage(s); and Ihe morlgage, nole and security agreement shall be olherwlse li, form and conlenl required by Seller; but Seller may only requ' clauses customarily fourtd in morlgages, mortgage noles, and security agreemenls generally utilized by savin'] ,lJId loan 1I1slllu"ons, or slah, or national banks located in the COUI' wherein Real Properly is located. All Personalty and leases beIng conveyed or assigned Will, at Seller's OiJl'on. be subJecl 10 IIle lien 01 a secunly agreement eVIdenced by record. llnancing statements. 1/ a balloon mortgage, Ihe linal payment Will exceed Ihe periodic payments thereon, C. SURVEY: Buyer, at Buyer's e~pense, within lime allowed to deliver evidence 01 tille and 10 e.amine same, Illay ll:lVe Re:11 Property surveyed and cerlilled by a regislered FloII surveyor 1/ survey ShOWS encroachment on Real Prop"rty or IIlat IInprovements located on Real Property encroach on setback Iln"S, easemenls, larlds 01 otl16rs, or Violate any restllcllOf _y<>n"act covenanlsor_aPiJlicable gover,nmenlal regula"on, the same shall conslilute a "lie delect, D. TERMITES: Buyer. at -BUyer's-iix-p-ense;williilllffi,eall')wef! klOOli1mrlll,lidencfl_QIJille and toexalllllle same. may ll.weR"al Property inspected by a Florida Cert,lied Pest Coni, ()perator to determine If Ihere is any viSible active temute Inlestahon or viSible eXlshng,d8ma~e- from tt>rrtrlte II,feS1a1I1J!TH'!l1'3c-improvements II_either or both arelound, Buyer v bave 4 days Irom date of written notir.e thereof, wilhin whicll 10 have all damages,' wl'telher visible or not, inspected and esllmaled by a licensed builder or geile-ial contractorS","- shall pay valid costs 01 treatmenl and repair 01 illl damaye up 10 2%9f IiJrch~sll',prlce,' Should such cosls exceed Ihal amount, Buyer shall have Ihe opllon 01 cancelling Conlr~ withir. 5 dayS atter receipt 01 contractor's repair eslllnatc by 'jIVIIK) wrjllelHlOlictl-to Seller 01 Buyer may eler;t to proceed wilh Ihe transaction, in which even I Buyer sball rl1cer a credil at closing 01 an amount equal to the tolal 01 Ihe lrealn..,nl and mparr eshmate nol III excess 01 2% 01 Ibe purchase price "Termites" shall be deemed to Include all WQ' destroying organisms mquired 10 be reported under II1P. Florida Pp.sl Conlrol Ar.t E. INGRESS AND EGRESS: Seller warranls and represents Ihal there IS IIlCJress and eY/llss 10 the Re,d PrOpl'lly sulliclent for Ihe intenno1d use as described in Paragraph VII herer htle to which is in accordance ';ith Standard A. F. LEASES: Seller shall. not less than 15 days belore closing, furnish to Buyer copies 01 all wllllen leases and esloppel lellers from each tenant specilYlng the nature and durato( 01 the lenant's occupa'lCY, renlal rates, ad~anced rent and security deposits paid by tenant II Seller is un:Jble to obtain sur.h leller from each tenanl, the same Informahon sball t furnished by Seller 10 Buyer within that time period in Ihe form 01 a Seller's affidavit, and Buyer may thereafter conlacl lenants to conlirm such information. Seller shall, at c10sin deliver and assign all original leases to Buyer. G. LIENS: Seller shall lurnish to Buyer at time of closing an affidavit allesting to the absence, unless otherwise provided for herein, 01 any financing statoments. claims 01 lien , potenttal Iienors known to Seller and lurther aile sting that there have been no improvements or repairs to Property for 90 days immediatelY preceding dale of closing. 1/ Proper: has been impro~ed, or repaired witllin that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general conlractors, subcontractors, suppliers, and materialmf in addition to Seller's lien affidavit selling lorth the names 01 all such general contractors, subconlraclors, suppliers and materialmen and lurtber aftirmltlQ thai all charges for Improl/f:lmen' or repairs which could ser~e as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing H. PLACE OF CLOSING: Closing shall beheld in Ihe county where Real Property is located, at the office 01 the attorney or other Closing agent designated by Seller. . I. nME: Time ill 01 the essence 01 this Contract. Time periods herein 01 less Ihan 6 days shall in the compulalion exclude Saturdays, Sundays and elate or nallonal teqal hoIidll)" and a"'l time period provided for herein which shall end on Saturday,. Sunda~ or legal /'lOliday shall ex lend to 5:00 p,m. ollhe nexl ~usiness day. . J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill 01 sale, mechanic's lien Iiffidavit. assignments of leases, tenant and mortgagee estoppel Jellers, and corrective Instrument Buyer shalllurnish closing stalement, mortgage, morlgage note, security agreemenl, and Ii""ncing stal,ements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, int'angible tax and recording purcha3e moo" mortgage 10 SeUer. deed and linancing slatements shall be paid by Buyer.. L PRORAnONS; CREDITS: Taxes, assessments, rent, interest, insurance and olher', e)(penses and revenue 01 Properly shall be prorated through day belore closing. Buyer shall hav the option 01 laking over any existing policies 01 insurance, if assumable, in which even I premiums shall be proraled. Cash at closing shall, be Increased or decreased as may t required by prorationa. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and secullty deposits Will be credited to Buyer af' escrow deposits held by mortgagee will be crediled to Soller. Taxes shall be prorated based on the current year's tax wilh due allowance made for maximum allowable discouc hom.~ 9M~~"" ~liaruL" ~,IQsing~~le when the GlIrrenl year's millage is nol lixed, and current year's assessment is available, taxes will be proraled bas" upon such assessment and the prior year's millagE' II CUHent yeiir'sasse'ssme-rifT:jllol aVdllalJl... II,,,,, I,,^es w<libe I'm'~' ""'-fllli"\lBar'stax,jUhereare,cQ{!l~hIQ 111yoyemenl on Real Property by January 1st of year of closing which improvements were not in exislence on January 1st 01 the prior year then taxes shall be prorated based upon the pro, year's mHlaga and at an equitable assessment to be agreed upon between the parlies, failing which, request will be made to the County Properly Appraiser lor an Inlormal assessmer taking Into consideration available exemptions. Any la~ proration based on an estimate may. at requesl of either Buyer or Seller, be subsequently readjusled upon receipt 01 tax b on condition that a statement to that ellect Is in the closing slatement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of dale 01 closing (and not as 01 Effective Date) are to be paid by Seller, Pendir, liens as of date 01 closing shall be assumed by Buyer. If the impro~emenl has been substantially compleled as 01 Effective Dale, sucb pending lien shall be considered as cerlllie' copllrmed or rstified and Seller shall. at closing, be charged an amount equal 10 the last estimate of assessment for the improvement by the publiC body, N. INSPECnON, REPAIR AND MAINTENANCE: Seller warrants that, as 01 10 days prior to closing, Ihe ceiling, roof (including lhe fascia and sollitsl and exterior and interior wal' do not have any VISIBLE EVIDENCE 01 Ieaksrlr water damage and that the septic tank, pool. all major appliances. heating. cooling, electrical, Plumbing systems and machinery ar In WORI<ING CONDITION. Buyer may, at Buyer's' expense, have inspections made of those ilems by an appropriately Florida licensed person dealing in the construction, repair 0 maIntenanCe ~ those itorns and shall report in writing to. Seller such items that do not meel Ihe above standards as to rlefecls tog..lher with the cost 01 correcting them, prior I ~I OCCIJP8!1CY or not less than 10 days prior to closing; whichever occurs lirst. Unless Buyer reports such defects within thai time Buyer shall be deemed to have weived Seller' wenanlles al 'to defecl8 not reported. II repairs or replacement are required, Seller shall pay up to 3% 01 the purchase .price lor such repairs or replacements by an appropriatel Florida licensed persOft seleclad by SeIter: II the cosl lor such repairs or rePlacement e~ceeds 3% of the purchase price, Buyer or Seller may elect to pay such e~cess, 'ailing whle' either party may cancel this Contract. If Seller is unable to correcl the delecls prior 10 closing, the cost thereol shall be paid Inlo escrow at closing. Seller will, upon reasonabl, notice, provide utililles service for Inspections. Between EIlective Date and tile closing, Seller shall maintain Property includmg but not limited 10 the lawn and shrubbery, in the condilio herein warranlad. ordinary wear and tear excepted, Buyer shall be permitted access lor inspeclion 01 Properly prior to r.loslng in order to confirm compliance wilh th,s StandaR O. RISK OF LOSS: ,If the Property Is damaged by lire or olher casually belore clOSing and cost 01 restoration does not exceed 3% 01 the assessed valuation 0' the Property s damaged, cost of restoration shall be an obligation 01 the Seller and closing shall proceed pursuanl 10 the terms 01 Conlract with restoration costs escrowed at closing, If the co~ of restoration exceeds 3% 01 the assessed valuation 01 the Improvements so damayed, Buyer shall have the oploon of either taking Property as is, together With either the 3% , anv.,.lnsurance proceeds payable by virtue ot such loss or damage, or of cancelling Conlract and recel~ing return of deposit(s) P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract. evidence of title sllall be continued at Buyer's expense to sho\ title in Buyer, without any encumbrances or change which would render Seller's Iille unmarketable lrom Ihe date of the last Iw;eJence. Proceeds 01 the sale snail be' held in escro\' by Seller's attorney or by such other mutually acceptable escrow agent for a period of not lonqer than 5 (1ays from and after dOSing date. II Seller's litle is rendewd unmarket:Jbl. through no lault 01 Buyer, Buyer shall, withm the 5 day period, notify Seller III writing of the delect and Seller shall havu :10 days from dele of reC81\lt <jl such nollllCdhon 10 cur the delect. If Seller lails to timely cure the defect. all deposll(s) ;;l1all. upon wnllen demand tJY Buyer and within 5 days after demand. 11" returnp.d 10 Bu."er ",,,j slfnultaneously wll such repayment, Buyer shall return Personally and ~acate Real Property and reconvey It to Sell..r by special warranty deed, If Buyer fillls.tam,ekE! trmel~"i1emand lor refund. Buy~ shall lake title as is, waIVing all rights agan1st. Seller as 10 any ,nlervenlny delect excel'll as may be avallal,lo; In Buyer by wlued wdrr:an1les conlallled .In lhe deed. If a porho 01 the DUrchase price is to be derived trom inshtutional tinancing or refinancln\}. requironl""ts of Il1e lendin'J 11I.IIIIIlion ;1'; to place~'1i1t18" 01 day and proce.-Juies IQf:"dosmy, and "- disbursement of mortgage proceeds shall control over contrary proVision In thiS Contracl.-Seller sball bave the light 10 reqUIre Iroq1.il\<l lending .in"tltution a -wllllen commitment Ib, II ,ojillnot w,thnold disoorsemen'. of nioilgaglf p,oceeds as il -res'lll 01" :my lille defecl all'-(1)ul""'" I" Ou,~r ",u"g~ file ""croW" oii'd c10l'lJ)y--proc"Jure re,~"r;o;:: l>y,~S\.d"d';r may be waived if title agent insures adverse mailers pursuanllo Section 627.7841, F,S. (1987), as amended. - - '. ,- .- a. ESCROW: Any escrcm agent ("~") receiving lunds or equivalenl is authorized and agrees by acceptance of them 10 deposit ~hern pro",plly, hold sa';'e in: ~";'ow and~ subjec to clearance, disburse Ihem in accordance With terllls and Gonditlons of Contract. F:Jilure of c1e:Jrance 0/ funds shall nol excuse 6uy..r's perlormarlCe II in doub~ as -'0 Agent's dutle or liabilities under Ihe provisions 01 Contract. Aw,nt may. ~t ArJHilt'$ option,conllflue 10 hol.l the subject mailer 01 the .':>CIOW '''''If.II,,, [hvlje-S'ffintuil)ly agreeJe tlsdlsbursp.men or until a ludgment 01 a courl ot competent jurischchon shall delermlne th!l IIyhts of ",,' pDrlll'" or Aqenl may rjp'po,,,t Wllb 1111' c1"'K ullhe r;lfeult court h~VlII,}Jur,i;dlclion" 01 III dispute. Upon notilylng all parties concerned 01 such action, all Iiabihly on the part of Agenl shall fully lellninale, !lXl;"pl to Ihe exlelll "I aeClJUflling for any .~e(l15'ilre"ously dellVflle' out 01 escrow. 1/ a licensed real estate broker, Agenl Will r.olllply wllh provisions of Chapler 475. F.5. (t987), as amended Any -SlJilblJlw""l~uyer af1d -S~'r".where Agent is mad a party because of acting as Agent hereunder, or In any surt wherein A'jent interpleads Ihe subJecl mailer of Ihl1 escrow, Agenl sl,;oll wcover 'reasonabllt atforne'y's lees ahd cost incurred with the lees and costs to be charged and assessed as court costs in lavor 01 Ihe prevailing party Parties agree 1I1at Ayenl sha~ uot be jjal.lhi to any party or perso lor misdehl/f:lry to Buyer or Seller 01 items subjecl 10 this escrow. unlesssucb misdelivery is due to wllllul breach of Conlract or gross negligence 01 Agent. ' R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contracl, Ihe prevailing parly shall be enhlled to recover reasonahle allorney's Itles and costs. S. FAILURE OF PERFORMANCE: 1/ Buyer larls 10 perform this Contract wllhin Ihe Illne tipecl/led (includIng payment of all deposlt(s)). the deposit(sl paid by Buyer may be relalne by or lor tha account 01 Seller as agreed upon Ilquidaled danuges, consideration lor the "xeculoon 01 thiS Conlracl '"leJ in lull setll"lllelll 01 any claims; whereupon, Buyer and Sell~ ~hall be relieved 01 all obligations under Contracl, ....r Seller, al Seller's option. may proceed in equity to enlorc" Spller'" rights under IIl1s Contract. II, lor any reason other than 'ailur )f Seller to make Seller's tille markelable after diligent effort. Seller lails, neglects or reluses to iJerform Ihis Conlr.lct. the Buyer may seek specilic performance or elect to recelV' the return 01 Buyer's deposil(s) wilhout thereby waivinq any action for damages resullong from Seller's IJre,lch. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither Ihls Contracl nor any nohce of " '.Iull he ",cord"" ill any publir. records. This COlltract shall bind all' ,nure to Ihe benelit 01 Iha Ilarlles and 111"" successors in "'h""sl WIII,nuver Ihu cOlllexl pmllllls, SlfllJular SII,111 ll1(;".II" plUldl dnd Oll.j IJl,no1er shall Includtl all. NotICe <jlven by v '0 the allorney for any parly shall be as effective CiS il 'Jiven by or to Ihal parly. U. CONVEYANCE: Seller shall con~ey title 10 Rf<al property by "Ialutory warr;lnty, tlil.c,'"".<;, 1 ,,'IS(fn;l1 fprlfl";flnt:tliw's nr (Ill,'"""U"\ d"I'd, ,IS appropriate 10 tile slat us 01 Seller. suO,i)C I)tlly to malters conlalned III Paragraph VII and Ii ')se olht'1 WISi',cc,'rtlr,d by Buy',r P"f:;"ncllly ,c;ll.l II , ,II I ""111";' ,)I Guy"" IJ''; II ,lu,I'JIII,d by "n absolute bill 01 s"le wllh warr;Jfll ,)1 lille, Subject only to such malters as may be oth",wlse provided ,", ht'leln, V. OTHER AGREEMENTS: No prior or present agrf'emenlS or r"presentations shall be bindllll) upon Buy,,' or Seller IJflIt>~g indudr,d in Illis Contract No modification or chan']e i, "liS Contracl shall be valid or binding upon Ibe Pillll~S unless in Wilting ill,Ct",.r'dllt>d by Ih.) party or parties intenrll~d 1<1 11" bnund 11Y ,I ' N. WARRANTIES: Seller warrants that there are no 13r;t:3 known 10 S..II"r materl;,lIy aflf'cltng till) valu" of tll" Il".11 "ro 'p"rty wh,d'If''; not rp,lolly obsfJrvahlfJ hy Bllyer or wl,ie '.lYe not been dlsclos..d 10 Buyer STANDARDS FOR REAL ESTATE TRANSACTIONS , CERilf',ED To I I f PREPARED FOR: GrTY of <.!LE:.AS~'WATE:r-c:.. '. SEC. ~ TWP. Z95 RGE. ISE. -S1l=:wAR..T TiRE.. CoMPANY Of CJ..E.AR:WATEF\., IN~. -S"-Ev.!ART -nn...~ GV,A/<ANTe:e:... c:.oMFANY Le:c;.~,.JD fif= fO\JND IRa,J flf'€. S.~:: ~ET IRO~ ~OD CM :: CoAJC.Re.TE. MO/'JuMl::,.....T \,t:;, ~Ol' \7 ,'i-= ~. l'l't>-~ S0 r' " I" , v y t, ~\ \ I' I' N Apr. "'CHAIN )(Ut>U<. kN(. ~.,; )-10:) S\~ $I~ 47.0 #.0 '}O. 'elM) o 1'1) .'1 ~ ~ ..... W J ...- , u) ~ "..... ~ ~ '-' '-" I'--- o -3 rO t =st - e:> '" Il. ""G\ o. \0 ~! o o ~ .... ~ I ). ),. YJPv'I- ~~1? ~if "..... tl'q~ ~ ~ WIt'" \ ~o~~q ,0 vP~ ~ .. :-" \ .._J )' . w ~ n- O o ~ Z lJ \U ~ ,,</'I p-,J ...J f>" c.. ./ L o V) 3 ~ 320. ~4- (M) 320.0 (p) ........ 4--.., 45.0 4?,o ~ ~ ...-- l.ZfO. '=>0 (M) Z.Z<D. 0 (p) 1; ~,~~ ,t-1C,.L1~ ff,~cc.~ Ftr 90, I z.. eM) $IP. -' .. ~ - BIiO W ""I E l.l- 'STF\"e..e..T - .. ~- , A SURVEY OF lDTS8 f9, BLOC-I<- i J MOASfE.. cf HA~"'So,..)S sue-- 0'''1 SION Df Lor 7 r+ R. I-L PAD~STfs. SUBf>"v'~'aN ~ RECORDED IN PLAT BOOK ~ , PAGE, ~ , OF THE PUBLIC RECORDS OF Hillsborough County, Florida, of which pinellas County was forrerly a > part. I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE. DATE: 7-/7-91 EVANS LAND SURVEYING OWN. BY: If... I NY. NO.: 91 - 3al '2.300 MAIN STREET - UNIT DUNEDIN, FLORIDA 33528 PH: 734 - 3821 13oVt-JDAR.."I SUrz......n:_y Of'J '-'( MIS (1099) A.. U.S. DEPARTMENT OF HOUSING AND RBAN DEVELOPMENT B. TYPE OF LOAN ; - 1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS. .' 4. OVA S. 0 CONV. INS. 6. FILE 17. LOAN NUMBER 91060111 NUMBER 8 MORTG, INS, CASE NO, C. NOTE: This form is furnished to 9ive you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ("p.o.c.") were paid outsi e the closing: they are shown here for information purposes and are not included in the totals. D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIUA PO BOX 4748 ADDRESS: CLEARWATER. FL 34617-4748 E. NAME OF SElLER: EULAH M. COOPER RIrnARD A. MYERS ADDRESS: 'T'HF'.m Jl HOUS'ION SElLER TIN: F. NAME OF LENDER: CASH TRANSACI'ION ADDRESS: G. PROPERTY LOCATION: LarS 8 and 9, BLK 1, OF MOASE & HARRISON I S SUB OF Lar 7 OF R.H. PADGETT I S SUB a/k/a 1128 BROWNELL STREET, CLEARWATER, FL H. SETTlEMENT AGENT: STEWART TITLE CCX\1PANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918 ADDRESS: 1290 COURT STREEr f"'T FT. 14hlh PLACE OF SETTLEMENT: STEWART TITLE CCX\1PANY OF CLEARWATER, INC. I. SETTlEMENT DATE: ADDRESS: 1290 COURT STREET AUGUST 15, 1991 f"'T li'T 1L1.hlh ??7t-n mw OF' VF.AR 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. Conlract sales price 50,900.00 401. Contracl sales price 50,900.00 102. Personal property ~02 Personal property 101 Seltlement charges to borrow (line 1400) 12.00 403 104, RECORD ADDITIONAL DEED 6.00 404, 105, 405 Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance: 106, Cily /town taxes 10 406, C'ty/town taxes 10 lor County taxes 10 401. County taxes to 108, Assessments to 408 Assessments 10 109 to 409 to 110 10 410 10 111. 411 112 412 120 GROSS AMOUNT DUE FROM BORROWER: 50,918.00 420 GROSS AMOUNT DUE TO SEllER:: 50,900.00 200. AMOUNTS PAID BY DR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money -0- 501, Excess deposil (see instructions) 202, Principal amount 01 new loan(s) 502, Seltlement charges 10 seller (line 1400) 6.098.40 203. Existing loan(s) taken subjecllo 501 Existing loan(s) taken subJecl to 204 504. Payoll ollirsl mortgage loan -0- 205. 505. PayoII 01 second mortgage loan 206. 506 1988 REAL ESTATE TAXES 1. 224. S7 207 501. 1989 REAL ESTATE TAXES 1 191').04 208. 508, 1990 REAL ESTATE TAXES 1 228.48 209. 509, Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City/town taxes to 510, Cilyltown taxes to 211. County laxes 10 511. County taxes 1/1/91 to 8/1 c:;/q, 618.74 212. Assessments 10 512. Assessmenls 10 213 10 511 10 214 514. 1988 PERSONAL PROPERTY TAX 27.76 215, 515. 1989 PERSONAL PROPERTY TAX 25.95 216, 516 1990 PERSONAL PROPERTY TAX 25.59 211. sIr 1991 PERSONAL PROPERTY TAX 218, 518. COURIER (3 WAYS) THEOLA HOUSTOl 45.00 219 519 COURIER (3 WAYS) RICHARD MYERS 45.00 220 TOTAL PAID BY/FOR BORROWER: -0- 520. TOTAL REDUCTION IN AMOUNT DUE SElLER:: 10,554.53 300, CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTlEMENT TO/FROM SELLER: 301. Gross amount due from borrower (line 120) 50.918.00 601 Gross amount due to seller (line 420) 50,900.00 302 Less amounts paid by Ifor borrower (line 220) -0- 602, Less total reductions in amount due seller (line 520) 10,554.53 303. CASH I~ FROM)~ORROWER: 50,918.00 603 CASH IOQ TO) [~ SEllER: 40,345.47 ~ I OM B No, 2502.021 SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E, G, H and I and on line 401 (or. if line 401 is asterisked, lines 403 and 404) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. ' SellER INSTRUCTION-If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain. with your income tax return: for other transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule 0 (Form 1040). You are required by law to provide I. R. S If you do not provide I . R. S with your correct taxpayer identification number. with your correct taxpayer identification number, you may be subject to civit ,or criminal penalties Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. Seller MIS tol 1 ~ L. SETTLEMENT CHARGES I . PAID FROM BORROWER'S FUNDS A T SETTLEMENT PAGE 2 OF OMS No. 2502-02! PAID FROM SELLER'S FUNDS A T SETTLEMENT 700. TOTAL SALES/BROKER'S COMMISSION Based on price S 50, 900. 00 @ 10 %= 5,090.00 Oivision 01 commission (line 7001 as lollows: 701$ 702. $ 703. Commission paid at seUlement ~L090 ._00___ -- -I~- -_~ldlli=EIM1lliQ~LR~_TI---,__!NC ._____________________ _____ 10 5 090.00 704. 800 ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination lee 802. Loan Discount 803. Appraisal Fee 804. Credit Report 805. Lender's inspection lee 806. Mortgage Insurance application lee 807. Assumption Fee 808. 809. 810. 811. % % 10 10 to 9OO.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901.lnteresllrom to @$ /day 902. Mortgage insurance premium lor mo. 10 903. Hazard insurance premium lor yrs. to 904. yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 1002 Mortgage insurance 1003. City properly taxes 1004. County properly taxes 1005. Annual assessmenls (Main!.) 1006. 1007. 1008. mo @$ per mo. "<' ".,:' . ',}'..' . mo@$ per mo. I- '-".i; mo@$ per mo 1<,<, ,',,"':':':.;' : mO.@$ per mo. -':<-,,;' :, -, ",:".,., mO.@$ per mo !,:,,:' ,;. ,', mO.@$ per mo ",:,' ; ,)- - mO.@$ peLmo. :. ;'Y,:1 ",:;' :' mO.@$ per mo. <:: :',': . ... 1100. TITLE CHARGES: 1101. Seltlement or closing fee 1102. Abstract or tille search 1103. Tille examination 1104. Tille insurance binder 1105. Document preparation 1106. Nolary lees 1107. Attorney's fees to (includes above items No.: to to ~ to to 10 to 10 150.00 1108. Tille insurance ( 1101 ) to STEWART TITLE C'a1PANY OF CLEARWATER INC. . ~ ".oE""~.c _467.00 .;.' \: .I ~ ,,' '~,,: ~.. '," " ..~h . "'''''',' ' , -'C'. .:t:;"r. 'J' i~t~~~ (includes above items No.: 1109. Lender's coverage 1110. Owner's coverage 1111. 1112. 1113. $ $( 50 900.00 ) 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording tees: Deed $ 12 .00 Mortgage $ Releases $ 1202. Citylcounly tax/stamps: Deed $ Mortgage S 1203. Slale tax/stamps: Deed $ 305.40 Mortgage S 1204. RECORD AFFIDAVIT-EllLAH M. COOPER 1205. 12.00 305.40 6.00 1300 ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302, Pest inspection EVANS LAND SURVEYING NnNF. MAILAWAY PREPARATION/COURIER CITY OF CLEARWATER ASSESSMENT SEARCH 10 p()(" to 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CJlARGES (entered on lines 103, SectIon J and 502. SectIon K) 1 ? _ nn 6,098.40 CERT/FICA nON;.~ve.JBr!!ljIW~v{t~~~uO- tsenl_ enlStatemen~ ~o the bJs~lmy knowledge and bellel,lt Is a true and accurate slalement 0' all receipts and disbursements made on my account or by me in this transaclion.1 'e.ther certify thall have re(eiv~,.,J 'It t S 11>L. .AM... RICHARD A. MYERS oy: \".1'.11 Vt' I I EUlAH M. COOPER Borrowers L ~ , Sellers 'IHEOLA HOUSTON To the best ot'"y ,~I~":tI~UO- ~Jjet"ent Str' whi~ lepared is a true and accura!!, accounl 01 the funds which were received and have been or will be disbursed by Ihe undersigned as part of the settlement of this transaclion. 7 F //J/j/'/ P' '"7'r rA/ /1//7/.7 F/7/?/ I/ AUGUST serlemlnt AJlenl '-"~, tr - -, , Oate SEL EA'lI AND/OR I'iURCHASER'S IT ATEMENT Seller's and Purchaser's slgnaturs herson acknowledges his /their approval of lax prorations and signifies their understanding that prorations were based on talles for the preceding year. or eslimates for the currenl year, And in the evenl of any change for Ihe current year, all necessary ad)ustmonta must be made between Seller and Pu~chuer; likewise any default In dellnquenl taxes will be reimbursed to Title Company br,the Seller. Title Compeny, In Its capacity, as Escrow Agent. Is and has been authorized to deposit alt funds II receives In Ihlslransactlon In any Ilnanclallnstllutlon, whelher alllllated or not Such financial Institution may provide TIt e Company computer accounting and audit services d rectly or through a separate entity which, If elllllated with Title Company, may charge the flnanelallnstltutlon reasonable and proper compensation therelore end retain any profits therefrom. Any escrow tees paid by any party Involved In this transaction shall only be for checkwrltlng and Input to the computers, but not lor aloresald accounting and audit services. TItle Company shall not be liable for any Interest or other charges on Ihe earnest money and shall be under no duty to Invest or reinvest lunds held by It al any t e. Sellers and Pu hasers hereby acknowledge and consenlto the deposit 01 the escrow money In financlallnstllutlons with which Title Company has or may have other banking relationships and further consent to the retention by Title Company and/ s alliliatej-4! a nd all benefits (inCluding advantageous interesl rates on loansl Title Company and lor Its allillates may receive from such financial Institutions by reason 01 their maintenance 01 said escrow accounts. . The parties have read th a ns het!; e mate Pure Sers{BO~ WARNINS, It is a crime 10 knowingly make 'afse statements t 7S,OO 5.00 ree 10 same, and recognize T:~,Compa~t~e }{~e. MYERS ~ M. COOPER THROT,i'\ HOTJS'fON niled States on this or any other similar form. Penallies upon conviction can include a fine and imprisonment. For delails see: Title 18: U.S. Code Section 1001 and Section 1010. MIS .LDI 1 I PAGE 2 OF OMS No. 2502-02 , . - PAlO fROM PAlO fROM . . L. SETTLEMENT CHARGES BORROWER'S SELLER'S , fUNDS fUNDS 700, TOTAL SALES/BROKER'S COMMISSION Based on price S 50,900.UU @ 10 %= 5,U:l0.00 A T SETTLEMENT A T SETTLEMENT Division 01 commission (line 700) as follows ._------_.~_._---- f--'--.-...--~.___ I--------~. . 701$ 5 090.00 10 BLAN-EDWARDS REAL'IY __IlJC '-----________ --------- -..- ---.------...-- ...--.-----.----.------ ..- I-------~-----_._._-_.._-_...__._-------- __..___________.___._.__, - 702. $ to ._--~- 703. CommIssion paid al selllemenl 5.090.00 704 800 ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee % 802. Loan Discounl % 803. Appraisal Fee 10 804. Credit Report to 805. Lender's mspeclion fee 806. Mortgage Insurance applicalion fee 10 807. Assumption Fee 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE. 901.lnteresl from to @$ /day 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. 10 904. yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance mO@$ per mo. ,",,'., ',' 1002 Mortgage insurance mO.@$ per mo. " .' 1003. City properly laxes mo@$ per 100 '". . .',.".' t004. County properly taxes mO.@$ per 100 I " '...'",' ... ," 1005. Annual assessments IMain!.) mO.@$ per mo. I,. ,,'..'........""'...".' .....,........,.... .,. 1006. mo.@$ per 100 <,. . ,.,' ',..' 1007. . mO@$ peL mo. ",. :', "..." .. 1008 mO.@$ per mo. ",",., "." .,",,' :'i;<."',:" 1100. TITlE CHARGES: 1101. Selllement or closing fee 10 1102. Abstract or litle search to S'TY"' 150.00 1103. Title examination to 1104. Tille insurance binder to 1105. Document preparation to 1106. Notary fees to t 107. Allorney's fees 10 to (includes above items No.: " ":1~"': ,.''''.'1' i'~,' 1108. Title insurance (n01) 10 STEWART TITLE COMPANY OF CLEARWATER INC. 467.00 (includes above items No.: ,lil~.J ._ 1109. Lender's coverage $ ::~l'! ~;~~~;'j;r, > 1110. Owner's coverage $ ( 50.900.00 ) . '. t.. ~ . :;: v . ., ~ 'i' ~ . ,:, : 1111. 1112. 1113. 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 12.00 Morlgage S Releases S 12.00 1202. Cily /county tax,/stamps: Deed $ Morlgage S 1203. Stale tax/stamps: Deed $ 305.40 Mortgage $ 305.40 1204. RECORD AFFIDAVIT-EULAH M. COOPER 6.00 1205. 1300 ADDITIONAL SETTLEMENT CHARGES 1301. Survey to EVANS LAND SURVEYING POC 1302. Pest inspection 10 NONE 1303. MAILAWAY PREPARATION/COURIER 711.00 1304. CI'IY OF CLEARWATER ASSESSMENT SEARCE 5.00 1305. 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103,----S-ectlon J and 502, SectIon K) l? nn 6,098.40 CERTlflCA lIOII: I have carefully reviewed the HU0-1 Senlement Statement and to the bestof my knowledge and belief. It Is a Irue and accurate statement 01 all receipts and disbursements made on my account or by meln this transaction. I f". :her certify that I have received a copy 01 HUO.l Settlement Statement 01" CLtAH.WA'l'lli RICHARD A. MYERS EULAH M. COOPER ~ ~ ~ "" A ill' C!tGi~- Sellere THEO HOUS N 's a Irue and accurate account of Ihe funds which were received and have been or will be disbursed by Ihe undersigned as part 01 the settlement ollhis Iransaction AUGUST Settlemgnt AJlent Dale SELLER'S AIID/OR PUR ASU'S STA TEMEIIT Sel er'sand Purchaser'esignature hereon acknowledges hiellhelr epprova' of lax proratlonl8nd slgnillas their understanding that prorations wera based on taxes lor the preceding year, or estlmales lor the current year, and levenl 01 any change lor the current year. all nacesaary adJustmanll muat be made betw_ Seller and Purchaser; likewise any delault In delinquent taxes will be reimbursed to Title Company br, the Seller. Tille Company. In Its cepacity as Escrow Agent, Is and has been authorized to deposit alllunds It recelves In this transaction In any linanclallnstltutlon, whether affiliated or not Such "nanclal Inslltutlon may provide Tit e Company computer accounting and audit services dlreclly or through a saparate entity which, iI affillaled with Tille Company. may chargelha "nanclallnstltution reasonable and proper compensation therefore and retain any profits therelrom. Any escrow fees paid by any party Involved in this transaction shall only be lor checkwrlllng and Input to the computers, but not lor aloresaid accounllng end audit services, Title Company shalrnot be liable lor anx Interest or other charges on Ihe earnest moner, and shall be under no duty 10 Invest or reinvesl tunds held by it at eny lime. Sellers and Purchasers hereby acknowledgeand consanlto the deposit oltheescrow money in "nanclallnstitutlons with which Title Company has or may have other banking re ationships and further consent to the retention by Title Company and/or Its alliliates 01 any and all bonellls (Including advantageous Interest rates on loans) Tille Company and lor lis affiliates may recelvelrom such linancial Instltullons by reason of their maintenance of said escrow accounts. The parties have read the above sentences. recognize that the recitallons herein are material. agree to same, and recognize Tille Compa~t~e }tme. MYERS purc~s.!'~s/BOIJll~ Sel' OY: L Y U1" CLJ-t.AKWA'l'J'__R ~ . ER WARIIIS: It is a crime 10 knowingly make talse stalements 10 the Uniled States on this or any other simila/lorm. Penalties upon conviction can include a tine and imprisonment For delails see: Title IS. U. - , . J .. L. SETTLEMENT CHARGES ( I!I PAID FROM BORROWER'S FUNOS AT SETTLEMENT PAGE 2 OF OMS No. 2502.0265 PAID FROM SELLER'S FUNDS A T SETTLEMENT MIS LQI .' . 700. TOTAL SALES/BROKER'S COMMISSION Based on price S 50, '::IUU . UU Division of commission (line 100) as follows ~~~?L090. OO~~___ m_I~._ BL1lli:-=-E.J.MMill.U~~:j}J~_____ 702 $ 10 @ 10 %= 5,090.00 ---_._~ 703. Commission paid at selllement 5 090.00 704 600. ITEMS PAYABLE IN CONNECTION WITH LOAN. 601. Loan Origination lee 602. Loan Discount 603. Appraisal Fee 604. Credil Report 605. Lender's inspeclion lee 606. Morlgage Insurance applicalion lee 607. Assumplion Fee 606. 609. 610. 611. % % 10 10 to 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest Irom 10 @s Iday 902 Mortgage insurance premium lor mo. to 903. Hazard insurance premium for yrs. 10 904 yrs. to 905. 1000 RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 1002 Mortgage insurance 1003. City properly laxes 1004. County property laxes 1005. Annual assessments (Maint.) 1006. 1007. 1006. mO.@$ per mo. .. ,.,',', ".',. .; '. mo. @$ per mo. ----... ' ,,' " mo. @$ per mo. " "'.'.','..i"..'.,".'.,...,.; ,'.".,... ';,. .... mo. @S per mo. -; '." ....' 'c. '.'..'., .,., mo. @$ per mo. I' "... " mO.@$ per mo I.',,",.. .. .'.,.., ,.:{ mO.@$ peLmo IF .., mo.@S per mo. I'. ....., . ,.; 17 i 'c "< 1100. TITlE CHARGES: 1101. Settlemenl or closing fee 1102. Abstracl or tille search 1103. Tille examinalion 1104. Tille insurance binder 1105. Document preparation 1106. Notary lees 1107. Altorney's lees to (includes above items No.' to to STC to to 10 10 to 150.00 (inclUdes above items No.. 1109. Lender's coverage 1110. Owner's coverage 1111. 1112 1113. $ $( 50,900.00 ) ','~ ~"(z' - 1106. Tille insurance (HOl) 10 STEWART TITLE COMPANY OF CLEARWATER. INC. 1200,GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 12.00 Mortgage S Releases $ 1202. Cilylcounty laxlslamps: Deed $ Mortgage $ 1203. State laxlstamps: Deed $ 305.40 Morlgage $ 1204. RECORD AFFIDAVIT-EULAH M. COOPER 1205 12.00 305.40 6.00 1300 ADDITIONAL SETTLEMENT CHARGES 1301. Survey to EVANS lAND SURVEYING 1302. Pest inspection to NONE 1303. MAILAWAY PREPARATION/COURIER 1304. CI'IY OF CLEARWATER ASSESSMENT SEARCH 1305. 1400. TOTAL SETTlEMENT CHARGES (entered on lines 103, Sect/on J and SOlS-eet/on K) CERTIFICATION: I have carefully reviewed the HUIJ..I Settlement Statement and to the besto! my knowledge and belief, it Is a true and accurate statement of all receipts and dlsb thaI I have received a copy 01 HUIJ..I Settlement Slatement. RICHARD A. MYERS EULAH M. COOPER Sellers THEOLA HOUS'IDN par~ a Irue and accurate accounl 01 the lunds which were received and have been or will be disbursed by the undersigned as part 01 the seWement of this transaction. POr. 7snn 5.00 1? nn 6,098.40 AUGUST snrler.~rti'B~ PURCHA R'S STATEMENT Seller's and Purchaser's signature hereon acknoWledges his/their approval of la~a;~oratlons and signifies Ihelr underslandlng thaI prorallons were based on lues lor the preceding year, or estlmales lor the current year, and In the event of eny change lor lhe current year, all necessary adjuetmanll muet be made between Saller and Purchuer; IIkewl.. any default In delinquent taxes will be reimbursed 10 Title Company by Ihe Seller Title Company, In Its capacity as Escrow Agent, la and has been authorized to depoeit alllunds It receives In this transaction In any IInanclallnstltutlon, whether afflllaled or not. Such IInanclal institution may provide Tille Company com puler accounting and audit services dlreclly or Ihrough a separale entity which, If affiliated with Title Company, may chargelhe IInanclallnstllutlon reasonable and proper compensation therefore and retain any profits Iherefrom. Any escrow lees paid by any party Involved In this Iransactlon shall only be lor checkwrltlng end InPlJt to the computers, bul not lor aforesaId accountl~ and audit servlm. Tille Company shall not be liable for any Interest or other charges on Ihe earnest money and shall be under no duty to invest or relnvesl 'unds held by ilat any time. Sellers and Purchasers hereby acknowledge and consent 10 Ihedepos,t of the escrow money In IInanclallnstltulions with which TllieCompany has or may have other banking relationships and lurther consent to the retenlion by Tille Company andlor ils altlllates of any and all benefits (Including advantageous interesl rates on loans) Tille Company and lor Its alllllales may receive from such financial instltulions by rea n of Iheir maintenance 01 said escrow accounts The parties have read the above sentences. recognize Ihatlhe recilallons herein are material, agree to same, and recognize Tille Compa~t~e }tme. MYER . rurch,..ersIBorJll~' SIll' . oy: C.L'l'Y ot' CLEARWA'l't<.J{ .... . PER WARRIRS,It is a crime 10 knowingly make 'alse stalements to the United Slales on this or any other similar lorm. Penalties upon conviction can include a line and imprisonment. For delails see: Tille 16: U.S. Code Section 1001 and Seclion 1010. MIS kDI I I PAGE 2 OF OMB No. 2502-021 ~~ . .. '" PAID FROM PAID FROM I....... ; , L. SETTLEMENT CHARGES BORROWER'S SELLER'S FUNOS FUNDS 700. TOTAL SALES/BROKER'S COMMISSION Based on price S 50,~UU.UU @ IU %= ~,O90.00 AT SETTLEMENT AT SETTLEMENT ... DiVision 01 commission (line 100) as lollows: 701$ ~ 090.00 to BLAN- EDWARDS REALTY , INC. 702. $ to 701 Commission paid at settlement 5 090.00 704. 800 ITEMS PAYABLE IN CONNECTION WITH LOAN. 801 Loan Origination fee % 802. Loan Discount % 803, Appraisal Fee 10 804. Credit Report 10 805, Lender's Inspection fee 806. Mortgage Insurance application fee to 807. Assumption Fee 80B. B09 B10. Bl1 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 90 IInterest Irom to @$ /day 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 mO.@$ per mo. '>;: :...;,....'..";2:':!ii3l11 1002 Mortgage Insurance mO.@$ per mo. >,:; .,'. " ,; ::;. i""';.:1 1003, City property taxes mo@$ per mo. .,:..,.,' :<:, '~~I 1004. County property taxes mo. @$ per mo. .,., :. " 1005. Annual assessments (Main!.1 mo. @$ per mo. '"' 1006 mO@$ per mo '. 1007 mO.@$ per,mo. 100B. mO.@$ per mo. 1100. TITlE CHARGES: 1101. Settlemenl or closing fee to 1102 Abstract or title search to STC 150.00 1103. Title examination 10 1104 Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107 Attorney's tees to to (Includes above items No . ~ ':; ;' " IIOB. Title Insurance (1101 ) to STEWART TITLE COMPANY OF CLEARWATER INC. 467.00 (inc/udes above items No 1109. Lender's coverage $ 1110. Owner's coverage $ ( 50 900.00 ) <l ""..., '~ .',', '''' "'t >, 1111 1112 1113 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 Recording fees: Deed $ 12.00 Mortgage S Releases $ 12.00 1202. City/county tax/stamps: Deed $ Mortgage $ 1201 Stale tax/stamps: Deed $ 305.40 Mortgage $ 305.40 1204 RECORD AFFIDAVIT-EULAH M. COOPER 6.00 1205 1300 ADDITIONAL SETTLEMENT CHARGES 1301 Survey to EVANS LAND SURVEYING POC 1302 Pest IIlspection 10 NONE 1303. MAILAWAY PREPARATION/COURIER 75 00 1304 CITY OF CLEARWATER ASSESSMENT SEARffi 5.00 1305. 1400. TOT AL SETTlEMENT CHARGES (entered on lines 103, Section J and 502, Sect/on K) l?nn 6,098.40 CERTlFICA TION: I have care'ully roviowod tho HUO-l Settlomont Statomont and to the best ot my knowledge and bello', it is a true and accurate statementol all receipts and disbursements made on my account or by me in this transaction. I 'c;thor certify that I havo roceived a copy of HUD-l Settlemonl Statomon!. RI CHARD A. MYERS by: CITY Ul" CLtJlli.WA'l't;t{ EULAH M. COOPER ...g ~/' ::'1lr"-v-- ';) Sollors ./ THEOLA HOUS'IDN pared is a true and,(tccurate account of the funds which were received and have been or will be disbursed by the undersigned as part 01 the settlement ollhis transaction AUGUST Solllem I A.llent ~'. - OalO ~ElLER'S AND/O PURCHASER'S STATEMENT Sollor's and Purchaser's signalure horoon acknowlodgos hislthoir approval 01 tax prorallons and signifios thoir undorstanding that prorations woro basod on laxos for tho procoding yoar. orostimatos lor the current yo . and in the evonl of any chango 'or Iho curronl yoar. all necossary adjustmonts must be made botween Sollor and Purchasor; Iikewiso any dotault in dolinquont laxos will bo roimbursod to Tillo Company by tho Sollor. Title Company, in Its capacity as Escrow Agont. is and has boon authorizod to do posit all funds il recoivos in this transaction in any financiallnstltullon, whether affiliatod or not. Such financial inslitution may provido Tillo Company computor dccounling and audil sorvicos drroclly or Ihrough a soparato ontity which, it affiliated wilh Title Company. may chargothe linanclal inslitution roasonable and proper compensation thereforo and relain any profits thorotrom. Any oscrow fees paid by any party involved in Ihis Iransaction shall only bo for chockwriling and Input to tho computors. but nol 'or aforesaid accounlln~ and audit services. Title Company shall not boliablo tor any inlerost or othor charges on Iho oarnost monoy and shall bo undor no duty 10 IIlvesl or reinvest lunds held by it al any lime. Sollers and Purchasors hereby aCknowlOdgo and consent to the depoSit oltho oscrow monoy in financial institutions with which Tillo Company has or may havo othor banking rolalionships and furthor consent to the rolenllon by Title Company and/or its affiliates of any and all benofits (inClUding advanlagoous intorost rat os on loans) Tltlo Company and/or Its affiliatos may rocoivo from such financial instltulions by roason 01 thoir maintenance of said ",crow accounts ~ ~ The parties have read the ab. ove sentences, recognize that the recitations herein are material, agree to same. and recognize Title c.om.pa~f~01e MYERS ~ :urctbers/Bor~~_ .- _ sel~ _ _ __')1':_____ OF_CLEAl{WA'n~K___ ____ -",--!..CJSJI M. COOPER _ - 'IDN....._____ 1'.~~H!Nli: Ij i'i ;'} ['rime tn knowinqly,rnake lalse slalemt~nt~ fO the Uniled SlRles on thi!; ar 3nv o!hpr ",jn1i1ar form Per..,!ti.1( ""'1 rnrl','j,'tir,n l~(ln indurle a fine ilnd ilT1'1.-i<:f)r]~np.flt For dp,I'O.iIS see- Titlr~ lR- 11,'1 r,l'!,. C:""!;,'",n 1rf1l :-"',1 r'''r!'':'' -"1;.-\ AL T~ OWNER'S POLICY J I mls 15798 SCHEDULE A Date of Policy: August 15, 1991 1. Name of Insured: CITY OF CLEARWATER, FLORIDA Policy NoO-2111- 15798 Amount of Insurance: $ 50,900.00 Order No.: 91060111 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: Lots 8 and 9, in Block 1 of MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. REG. 00012 Page 2 STEWARrr TlrrI..I~ GUARANTY COMPANY delete delete delete delete delete delete 2113 AL T A OWNER'S POLICY Order No. 91060111 I I SCHEDULE B Policy No.: 0~-15798 This policy does not insure against loss or damage by reason of the following: 1. ~~~~~~~~~~Rds. 2. ~~~~~~~x:x 3. ~~~~~~~llixbY ~ ,pm~ 4. ~x:~cl~RJM{~~,oocmm~Rimooor~XOOX~R:fOOa.miEmm, irm!~~~llDJdsC 5. ~~~~~H:~9:dJxmms4:u:Ilt~mclm~~K t~~. 6. AI}Mc~1el{xt;tR~~~~X:~~~~. . mQX, g~~~x%c~~~x:RRRW~g~~x<XIk~~~f n~R-~da~x:~~x<XIkXlmtx~K~x!~:eX:~~~~~d Ii ~~litier~x:x 7. Taxes for the year 19 92 and thereafter. Page 3 STEWART TITLE GUARANTY COMPANY Name: Return to: (enclose self-addressed stamped envelope) I INST # 91-221346 AUG 15, 1991 5:0::~PMI __P!~ELLAS COUNTY FLA. EFF.REC.BK 7653 PG 1282 Addr..s: Ilt ,7- <<- 91060111 '(, ~ ttUJL vL -tu- r, ~:~~T: ",:'~: .';~X{~,-' tis'; -...MI......KEL1~.1_~_.)?'!'~~._,G.~N t,;,?~ This Instrument Prepared by: Addles.: ~~, '-,;, :;; :': '! Property Appraisers Parcel Identification (Folio) Number(s): V~IJd~~~ tl;<~'~n~t_:~.-;~::t ;+~'~r:, ~,"f::.:r'.<_u,":',>::- te ~'~d~ji'~t~ ,::d l~ 'rtile !ab~B.;)~_~,;,~:,: .-":'-', Grantee[sl 5.5. #[51: SPACE ABOVE THIS LINE FOR PROCESSING DATA I) , I :-,'1 JTOc s-<l1 bof SPACE ABOVE THIS LINE FOR RECORDING DATA mItis marrantv ieeb Made the r /;1""" day of August, A.D. 19 91 by RICHARD A. MYERS, a married man as to an undivided one-half interest hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748 hereinafter called the grantee: (Wherever U8ed herein th. terms "grantor" and 'grantee' include all the partie. to this inotrument and the heirs, legal representatives and as.sigtll of individuals, and the successors and assigns of corporations) BftntlllldJr: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby Mknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Pinellas County, State of Florida , viz: Lots 8 and 9, in Block 1 of MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat thereof as recorded in Plat Boo 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Parcel no. 15/29/15/58338/001/0080 Grantors social security 1I('~lI--'1i{~q,,-J.,' (RICHARD) Property is not the principal residence of the Grantor, he in fact resides at: (JOq~~ ~~r;V ~t O~/~)d mn!ldJrtr. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. mn )laUt anb tn )lnlb. the same in fee simple forever. 1\nb the grantor hereby covenants with said grantee that the grantor 1:S 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 of all persons whomsoever; and that said land is free of all encumbrances, except taxes Mcruing subsequent to..lXocJmOO~ August 15, 1991, and *, In Bitntllll BJrtrtnf. the said grantor has signed and sealed these presents the day and year first above written. ** easements and restrictions of record. fill, ~(!J t, 1801; r:~ ~&A"1l/n~A ~ I[g RTr.HARn A MVF.R~ Print;! Signature Il~~ixYvu ~~ GJm,O{).j~~ Signature I O~r.f!.Q ,-., , I[g Signature Prin Signature Printed Signature -. -,.,....,-1 h,;dJ I':::"::,:;': ~-:. iI.._< C::i:;,ty Signature Post Office Addre.. Printed Signature STATE OF MASSACHU~SETTS COUNTY OF '{ ~ U- !-O L. k.J I HEREBY C RTll' that on thIS day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RICHARD1}.~~,a married man :' ""..<<:",:' '; to me known to be the person described in and who executed the foregoing instrument ancr.>;l'ie, I', ,ack~~i~oo before me that he '"Vttecuted the same. WITNESS my hand and official seali~\~l!~o~~W~f ~tate last 'd this( I~ da of gust, . A.D. 19]1 . ,\\ ""'. ......:/", ~ ~:.:~~~:~:.':,j;~..:~,;ii: ;.~'..'; , ~ / ~ Idi~, \t:, ">. ""'>., SEAL ( I iljllll\'i" Ij}~;:,2o I f'.:,/'l KABl..EEN F. DEBI...AKEH, CL.EI:~~ RECOF,D VERIFIED BY :~_(7, I) ail:} " .. II TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY RICHARD A. MYERS Seller or Owner-Borrower LOTS 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOr 7 OF R.H. PADGEiIT"S SUB 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 t/1 APproXi~ Amount CI .,'11 L'fl\ 1 j ~ 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR @~:~~im~ 1~ 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 MA TERIALS {~i A~proximaJf.. Arpount \:'1~M\.l ~ ~CJn~ 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 MA TERIALS 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 PA Y 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 HAVE 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 lending money thereon and would not purchase same or lend money thereon unless said representations were made. (d) / r ,.f v .... ~' ~ EFORE ME THIs!-- /..2 day of AUGUST , 19-2l.. l. \. County, ~D) _, ( My Commission Expires: V--' ') - / ') - ~ Ol... MASSAGIUSEITS . '", "I~ .,' Rev. 1/88 NOTE: This form is to be signed by seller in ~5e of ule. If no IDle. it is to be li,ncd b)}hc owner-borrower. If there is any new construclion, tbe contractor mUI[ also join in this form or sian a !tC'paralc one , . I I Sa"'"tiq 0/ (.'Orlfff,rl RONALD (RON) E. SOMERS President s~rEWAIl.'1" ~rI'I~LE OF CLEARWATER P.O. Box 2756 Clearwater, Florida 34617 (813) 441-2689 1290 Court Street Clearwater, Florida 34616 AUTHORIZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. 91060111 LEGAL LarS 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOT 7 OF R. H. PADGE'IT"S SUB SELLER RICHARD A. MYERS BUYER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETrLEMENr STATEMENT - BUD FORM 1) and authorized disbursement of funds as shown therein this 15 day of AUGUST , 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 p:irties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Comp:iny of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to rose a proration. Any proration necessary when tax bills become available wili be handled between the p:irties to this transaction, outside of Stewart Title Company Company of Clearwater, Inc. Stewart Title Comp:iny of Clearwater, Inc., will be not held responsible. 1HAT AIL urn..ITY BILLS (WATER, SEWER, ELEX:TRIC, MADl1"ftmNCE FEES) HAVE BEEN PAID OR WILL BE PAID UPON REX::EIPl' OF FINAL BILLS 0k? ~A- ~ INITIALS L/@'r.A()~~-1- ~ RICHARD A. MYERS SELLER'S FORWARDING ADDRESS: t//t')~,? ~I//(JJP# S/ f.,~~..?~~/I~//;# ~J/~t .. Ha'1E PHONE~ lj/7 ~ 9rP / .3 ~1? BUYER'S FORWARDING ADDRESS: Ha'1E PHONE# WORK PHONE#v/ WORK PHONE# TIUS IS TO FURTHER AUTHORIZE CHANGES NECESSARY TO 'IHE CLOSING STATEMENT. TO APPROVE.ANY STEWARr TITLE COMPANY OF CLEARWATER, INC. BY: I I .')(I1I('I;I.V af f.'olllfllrt RONALD (RON) E. SOMERS President 1290 Court Street Clearwater, Florida 34616 STEWAI~T TI'l'LE 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 LOTS 8 AND 9, BLK 1, l'DASE AND HARRISON I S SUB OF LOT 7 OF R.H. PADGEIT'S SUB 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 desirabili~y 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. @ /~:/bJM (l~~ v-,. ts .v-~.~ J~. ~r-- W 'tness (i)~~ 1. ~H-- RICHARD A. MYER S TATE 0 F MASSACHUSEITS ~~S k COUNTY OF ". I/Fr~L/ SWORN TO AND SUBSCRIBED BEFORE ME THIS~ /a~ DAY OF AUGUST , 19 91. ,f) \2- .,- (" \~) My Commission Expires:"/) -/ ) -9~ :1'''..... , ",,' (1, \ \ : Ir ,.\ (" I,t I I NON-F'OlUUGN CEH'I'IFICl\'l'ION BY INDIVIDUAL 'l'MNSFEROR 1. Section 1445 of the Internal Hevenue Code provides that a tril~lsferee (If a United States real property interest must withhold tax if the transferor is ;j foreign person. 2. In order to inform the transferee that withholding of tax is not required upon the clisposJ Uon by RICHARD A. MYERS of the United States real property described as follows: LOTS 8 and 9, BLK I, IDASE & HARRISON SUB OF LOT 7 OF R. H. PADGErrT" S SUB the undersigned transferor certifies and declares by means of this certification, the following: (a) I twe) am ~ not non-resident alien(s) for purposes of United States income taxa tion ane'l, (b) My Uniled States Nl\ME: RICHARD A. MYERS taypaper identifying nllmber(s) (Social Security Number) SOCIAL SECURI1Y NUMDER - \I11v 3/ J 'f Lf C;SJ-3 # II /I is/are: (c) My home mklress is (attached additional rage i[ necessary) (d) There are no othet: persons who have an ownership interest in the aoove-descd.ted property oth0.r than those persons set forth above in subparagraph (b). 3. 'Jhe undersigned hereby further certifies and declares: (a) I (We) understand that the purchaser of the above described property intends Lo rely on the foregoing representations in connection with the United States 1"oreJgn Investment in Heal Property 'I'ax Act. (94 Statute 2602 as amended). (\)) 1 (wo) ulKlel:sLnnd this cerLification m:lY be disclosed La the Internal Hevenue Service by transferee and that any false sLatement contained in this certification IIIi:lY be p\lIlished by [.Lne, :i.J\I[K.i.sonmcmt or tX)l:lI. Under penalties of fication and it is Giv Da te / c::J. AUGUST perjury I (we) declare I (we) have examined carefully this certi- tnJe, correct and complete. 1991 S f/ PjC()L 1 County" W . ~~r-A<JV\~J- t ~NJ.. RICHARD A. MYERS MASSACHUSErrTS V ~~e1 ('I11i ocument must be retained until the end of the fifth taxable year following the .J taxa13 e year in which the transfer takes place). CONSUL'l' YOUI~ l\'l'l'OHNEY AND/OR 'I'J\){ l\OVlSOR - NO REPHESENl'J\'I'ION OR RE:COMMENDA'I'ION IS Ml\DE BY S'l'EWAHT 'J.'.l'l'LE: INSUHl\NCE Ca-1Pl\NY AND/OR CONCERNING TilE LEGAL SUn~JCn:NCY l\ND/OR 'J'l\X CONSQUENCES Oli' 'l1lIS OOCUMEN.l'. YOU MAY BE: REQUlm1J 'ro FILE A COpy OF TIlTS DOClJMliNl' WIT" 'l'IJl~ IN'l'EHNl\T~ mEVE:NUI~ SJ~HVICE. 'mE:SE l\RE QUESTIONS FaH YOUR A'lYl'OnNEY on 'l'l\X ADVISOR. S'l'ATE OF \b') MASSACHUSErrTS COUN'lY OF ~v I HEREBY CEH'l'U"Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally <1ppeared RICHARD A. MYERS to me known to be the persons described in and who executed the foregoing instnunent and Lhey acknowledged before me that they executed the same. 6) ~ WITNESS my hand and official seal in the COlll1..t.-.y and S. . last aforesaid~-hiS"- 'day of AUGUST , 19 91. (~ . t...--- U. //' . V .\ Nal'm~Y PU .C MY C(lI1l'lISSION EXPIRES: )-/7- /d-' American Land Title Association Commitment - 1966 rr:=- I ""~~c='c'cct~,=o,.",,,,,,,~,,=~=,=.,,,,,,,==,,,,,==,.,,,,,=,"======"==""'='=--~='=I='==='''===-==-=-~=-=~~~"=_,, COMMITMENT FOR TITLE INSURA~CE 91060111 ISSUED BY ,., -'''=~-'-~---'==h . II II ! I I STEWART TITLE GU ARANTY 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 effectiveonlywhentheidenfity of the proposed Insured and the amount of the policy or policies corornittedforhavebeen inserted in Schedule A hereof by the Company, either at the time ofthei$suanceofthi$Coromitmellt or by subsequent endorsement. This Commitment is preliminarytClth~iss4aneeofscichpdlicYi~t policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITI...E I",,/II~"";.' ,~.~. 1.'. \.........,.........iL...'f...~. --.__.... t I-;, .... ... .~. :\.... ff.c+.l;;.~\l.P. 0.?4. ~\ ~\ ....."..-*- ~.1 1;;\ 1 9 0 8 )~ ..t". .,:*;., ~"*", , '......... ...,.. ..,..'."...~..'. .."'. ...dl..........~.........:' ",- .' EX~d~~ wAad$~ ~~~~ GUARANTY CUMPANY President Company City. State Serial No. C. 9 912.7 6 2 5 0 2 ..__..~---------------_._._----'" -----~-_._-----_.-. .----.----------.------ 005N Rev. 3/78 ___'~_r '-"-""''''] !,. I I I SCHEDULE A Commitment No. 91060111 Prepared For: CITY OF CLEARWATER, FLORIDA 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 (al 0 AL ~ Owner's Policy $ 50,900.00 Proposed . Insured: CITY OF CLEARWATER, FLORIDA (bID ALTA 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: RICHARD A. MYERS, as to a one-half interest, EULAH M. COOPER as to a one-quarter interest and THEOLA F. HOUSTON, as to one-quarter interest 4 The land referred to in this Commitment is located in the County of PINELLAS State of FLORIDA and described as follows: Lots 8 and 9, in Block 1 of MOASE AND HARRISONJS SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Page 2 of 4 STEWART TITLE 2552 GUARANTY COMPANY r ~~ -. I SCHEDULE B I ORDER NO: 91060,111 C-9912-7625 Commitment Number: I. The following are the requirements to be complied with: 1. I nstruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for reco~. Valid photo identification (ie: Driver's License, Passport) and social security nu bers required of all parties to the transaction by the Insuror. Payment of Taxes. Payment of Taxes. II. Continued on next page 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 attaching subsequent to the effective date here f estate or interest or mortgage thereon cover matte . any, created, first appearing in the public records or o the date the proposed Insured acquires for value of record the IS Commitment. 2. Standard Exceptions: (a) Rights or claims of parties in possession not (b) Easements, or claims of easements, not (c) Encroachments, overlaps, boundar In and inspection of the premises. (d) Any lien, or right to a lien, for the public records. (e) Rights of dower, homestea r 0 al rights of the spouse, if any, of any individual insured. (f) Any titles or rights asserte by ne including but not limited to persons, corporations, governments or other entities, to tide lands, or lands co I' g the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the har r bulk ead lines as established or changed by the United States Government or water rights, if any. 3. Special c (a) Taxes. reto or hereafter furnished, imposed by law and not shown by Subject to Taxes for the year 1991 are not yet due and payable. Parcel No. Gross Tax for the year 1990, $1,074.41. and subsequent years, which 15/29/15/58338/001/0080 2153 Page 3 cf 4 STE'VAH.T TITLE GUARANTY COMPANY . . I I , . CONTINUATION SHEET SCHEDULE _ B Commitment Number: Order Number: 91060111 C-9912-762502 SCHEDULE B - PART I CONTINUED Payment of 1990 Real Estate Tax Proper disposition of that ROBINSON'S OF FLORIDA, P Defendant, filed Septemb of the Public Records 0 1729 RI D A~ MYERS, a married is rincipal residence as to a PER, an unmarried woman as to a EOLA F. HOUSTON, an unmarried woman to CITY OF CLEARWATER, FLORIDA. Page --4 of 4 STEWART TITLE GUARANTY COMPANY 0055 ,. J. t '~ I I CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed I nsured and such parties included under the definition of I nsured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or ~ights of action that the proposed I nsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STE"W'ART TITLE au ARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. '" , ..-.... .. Issued by r.-- COMMITMENT FOR TITLE INSURANCE -. Sanctity of ConlmCl - STEWART TITLE GUARANTY COMPANY # " ~- ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS 1':: POLICY OF TITLE INSURANCE ISSUED BY 1'.( 91060111 STEWART TITLE GUARANTY COMPANY defense of the title, as insured, but only ~~ '-h(~ IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date of his policy to be signed and sealed by its Chairman of the Board Countersigned: A"~~~~~ Company City, State 'AGE ,J' Company will not pay loss or damage, costs, attorneys' fees or The following matters are expressly excluded from the cove expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (incl limitedtobuilding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or ftbel '1) 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.ment thereof or a notice. of a defect, lien or'>~I~~~mb~~nt~}f~iw)Vng 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 Policy 0-2111 Serial No. - 15798 ~ ~ ~ --- - ....... ~ ~ 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 imerove. 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 policy,. pany within 90 days after the insured claimant shall ascertain the facts giving rise (e) 'mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damage shall describe the defect in, instrument. or lien or encumbrance on the title, or other matter insured against by this policy (f) "public records": records established under state statutes at Date of Pol- which constitutes the basis of loss or damage and shall state, to the extent possi. icy for the purpose of imparting constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Compan; is property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of the insured claimant to provide the required proo of 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue -district covrt for the ~StFitWn which-the-klnd i$locoted. __ _____~____ _.any-liti9atieniwith-.r.eg.cmLto_the matter or.m.attersrequirifIJiPuch i>roof.oL~~.. (g) "unmarketability of the title": an alleged or apparent matter affecting damage. the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com- 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pany, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Date of Policy in whether bearing a date before or after Date of Policy, which reasonably pertain favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody ance of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the an indebtedness secured by a yurchase mone~ mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT, reasonable judgment of the Company, it is necessary in the administration of the The insured shall notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro- litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest, as insured, is rejected as unmarketable. If prompt notice shall LIABILITY, not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall have the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required; provided, however, that failure to notify the Company shall in no case (a) To Payor Tender Payment of the Amount of Insurance, prejudice the rights of any insured under this policy unless the Company shall be To payor tender payment of the amount of insurance under this policy prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or _.~_ _~)~~~~~~r~~nC~c~~~~e~~~_ios~red_~nc!sJJ.bj!CtJ()lhe_oe!i()n! contairl~L _tend~8~nihG~~~c~~d~~~~ ~~~~~~:~Gh :~;~:~~:~~1_1fa~i; C1ndo,blig~tions In Secl10n 6 of these Conditions and Stipulations, the Company, at Its own cost to the Insured under tfils policy, olller than To make tne payment reqUIred, shall- and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant. object for reasonable causel to represent the insured as to those stated causes of (i) to payor otherwise settle with other parties for or in the name of an action and shall not be Iiab e for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay an; fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were the defense of those causes 0 action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy. is obligated to pay; or (b) The Company shall have the right, at its own cost, to institute and prose- (ii) to payor otherwise settle with the insured claimant the loss or dam- cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com. to prevent or reduce loss or damage to t.he in~ured. The Compan.y may tak~ any pany up to the time .of payment and which t~e Company is ~bligated. to pay. . appropriate action under the terms of thiS policy, whether or not It shall be liable Upon the exercise by the Company of either of the options prOVided for In hereunder, and shall not thereby concede liability or waive any provision of this paragraphs \b)(i) or (ii), the Company's obligations to the insured und~r this pol. policy. If the Company shall exercise its rights under this paragraph, it shall do so icy for the c aimed loss or damage, other than the payments reqUIred to be diligently. made, shall terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company shall have brought an action or interposed a or continue any litiQation. defense as required or permitted by the provisions of this policy, the C~mpa~y 7. DE.TERt.,\IN~TION, EXTEN~ OF L1~BILlTY: may pursue any litigation to final determination by a court of competent lumdlc, ThiS ~olicy IS ~ contract of Inde.mmty agal~st actual monetary loss or dam- tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or Incurred by t.he Insured ~Ialmant ~ho ~as suffere.d loss or adverse judgment or order. damage by reason If matters Insured against by. thiS pO.Ii.cy and only to the I extent herein describ. d. . , . - (continued and concluded on last page of this policy) ~ ~, ._--.....--~. ~' --.- - ~~~~---------- -..~~~ "..' I CONDITIONS AND STIPULATIONS continuL (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the If a payment on account of a claim does not fully cover the loss of the least 0(: insured claimant, the Company shall be subrogated to these rights and remedies (i) the Amount of Insurance stated in Schedule A, or, in the proportion which the Company's payment bears to the whole amount of (ii) the difference between the value of the insured estate or interest the loss. as insured and the value of the insured estate or interest subject to the defect, If loss should result from any act of the insured claimant, as stated above, lien or encumbrance insured against by this policy. that act shall not void this policy, but the Company, in that event, shall be ~) (This parallraph removed in Florida policies.) required tOlay only that part of any losses insured against by this policy which (c) The Company will pay only those costs, attorneys' fees and expenses shall excee the amount, if any, lost to the Company by reason of the impair- incurred in accorpance with Section 4 of the Conditions and Stipulations. ment by the insured claimant of the Company's right of subrogation. 8. APPORTIONMENT. (b) The Company's Rights Against Non-insured Obligors. If the land described in Schedule A consists of two or more parcels which are The Company's right of subrogation against non-insured obligors shall exist not used as a single site, and a loss is established affecting one or more of the and shall include, without limitation, the rights of the insured to indemnities, gua- p,arcels but not all, the loss shall be computed and settled on a pro rata basis as ranties, other policies of insurance or bonds, notwithstanding any terms or condi. If the amount of insurance under this policy was divided pro rata as to the value tions contained in those instruments which provide for subrogation rights by rea- on Date of Policy of each separate parcel to the whole, exclusive of any son of this policy:. improvements made subsequent to Date of Policy, unless a liability or value has 14. ARBITRATION otherwise been agreed upon as to each parcel by the Company and the insured Unless prohibited by applicable law. arbitration pursuant to the Title Insur: at the time of the issuance of this policy and shown by an express statement or by once Arbitration Rules of the American Arbitration Association may be demanded an endorsement attached to this policy. if agreed to by both the Company and the insured. Arbitrable matters may 9. LIMITATION OF LIABILITY. include, but are not limited to, any controversy or claim between the Company (a) If the Company establishes the title, or removes the alleged defect, lien and the insured arisinll out of or relatinll to this policy, any service of the or encumbrance, or cures the lack of a right of access to or from the land, or - - - -- - cures the claim of unmarketability of title, all as insured, in a reasonably diligent Company in connection with its issuance or the breach of a policy provision or manner by any method, including litigation and the completion of any appeals other oblillation. 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 bindinll 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 prevailinll party. Judllment until there has been a final determination by a court of competent jurisdiction, upon the award rendered by the Arbitrator(s) may be entered in any court and disposition of all appeals therefrom, adverse to the title as insured. having jurisdiction thereof. (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 The law of the situs of the land shall apply to an arbitration under the Title prior written consent of the Company. Insurance Arbitration Rules. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF A copy of the Rules may be obtained from the Company upon request. LIABILITY. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. AII/ayments under this policy, except payments made for costs, attorneys' (a) This policy together with all endorsements, if any, attached hereto by fees an expenses, shall reduce the amount of the insurance pro tanto. the Company is the entire policy and contract between the insured and the Com- 11. LIABILITY NONCUMULATIVE. pony. In interpreting any provision of this policy, this policy shall be construed as It is expressly understood that the amount of insurance under this policy a whole. shall be reduced by any amount the Company may pay under any policy insuring (b) Any claim of loss or damage, whether or not based on negligence, and a mortgage to which exception is taken in Schedule B or to which the insured which arises out of the status of the title to the estate or interest covered hereby or has agreed, assumed, or taken subject, or which is hereafter executed by an by any action asserting such claim, shall be restricted to this policy. insured and which is a charge or lien on the estate or interest described or (c) No amendment of or endorsement to this policy can be made except by referred to in Schedule A, and the amount so paid shall be deemed a payment a writing endorsed hereon or attached hereto signed by either the President, a under this policy to the insured owner. Vice President, the Secretary, an Assistant Secretary, or validating officer or 12. PAYMENT OF LOSS. authorized signatory of the Company. (a) No payment shall be made without producing this policy for endorse. 16. SEVERABILITY. ment of the payment unless the policy has been lost or destroyed, in which case In the event any provision of the policy is held invalid or unenforceable under proof of loss or destruction shall be furnished to the satisfaction of the Company. applicable law, the rolicy 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 shal remain in full force and effect. fixed in accordance with these Conditions and Stipulations, the loss or damage 17. NOTICES, WHERE SENT. shall be payable within 30 days thereafter. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. .' -- . I 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol. icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme. dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com. pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro. gation. The insured claimant sha!! permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. STEWART TITLE GUARANTY COMPANY , '" ~ - - -+- - - - - - STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY -- -- -+-- --- -+-- ---- - - ---- ......~ -.:. Sanczily of (ClI1lmcr STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 -- --+-- -+-- -+-- -+- --+- - - -- ......~ '" ~ POLICY OF TITLE INSURANCE .~ J I Sancli/.,' 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. 34618 ,'l t n l'v.tt t~ n; \99\ s . \< c,1'l eLf. R September 3, 1991 Please include our file . No.--.OIL all correspondence: 11.9 LOJ 00 lA_ i I RE: Lot 12, B1k. 1, Moase & Harrison Sub of Lot 7 of R.H. padgetts 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 '!he opporttmi ty 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 CXl'1PANY OF ~,;]. Dawn D. Hickox (