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LEO & DAVID LEGAULT , Relurn1o: l!>nclose oelf-addressed stamped envelope) 91J700l4 Name: Addr...: R~~ This InstnrMc:nt W2S rr~~!'er' b~~'= STEWART 'tITLE OF CL.;~A~lW/;,L';i( By: MIKEl ,T, L. SI.-GERMArN t290 Court St.r~~~ Cie~f.W1.~r8tcr., FL ,J:.$j~ 5 P.O. Pex ~75(' ClejQfv.'~t~;~ Ft .~;~t6~ f' Which ;nst;~mf:.;J~, w:.. ~ ~rcp;u(.~i:: in~~:~cntal to w,iiilll: of Iii Title IllSiuanCt' Policy. This Instrument Prepared.by: Add,..o: Property Appraisers Parcel Identification IFolio) Numberls): Grantee[sJ S.S. #[sJ: SPACE ABOVE THIS LINE FOR PROCESSING DATA I WARRANTY DEED INOIV~O. ~~ INOIVIO'j 1. Nfn :fI: 91-'.:;.ro~j824 ~LY 31, 1991 5:52PM PINELLAS COUNTY FLA. OFF.REC.BK 7639 PG 531 SPACE ABOVE THIS LINE FOR RECORDING DATA m-1Jfs Rarrantv IIttb Made the 31st day of July, A.D, 19 91 by LEO D. LEGAULT, a married man, and DAVID L. LEGAULT, a married man 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 used herein lJIe terms .grantor" and "grantee. include aU lJIe parties to this instrument and lJIe heirs, legal representatives and assigns 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 acknowledged, 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: Lot 12, Block 1, MOASE AND HARRISON SUBDIVISION OF LOT 7 of R.H. PADGErTS SUBDIVISION, of SE 1/4 of NW 1/4 of Section 15, Township 29 South, Range 15 East, according to the Plat thereof, as recorded in Plat Book 2, page 85 of the Public Records of Hillsboroug County, Florida, of which Pinellas County was formerly a part. Parcel no. 15/29/15/58338/001/0120 Grantors social sec It J78-L4-'1f!J2.r (LEO) ..-Jl,5'~--04'-OfJ-9- (DAVID) ~7Pr~ is not the principal residence of the Grantors, they in fact reside at: B ~21 ~ () tV- Me'Tf/ ~/J'{LLU1 (LEO) 93'1 ' /(}h IE'u [LUIJj,( '/t/F~ L - q 0 (DAVID) mngdJrtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise - appertaining. mn JlaUt anb tn Jlnlb. the same in fee simple forever. 1\nb the grantor hereby cavenants with said grantee that the grantor is lawfully seized of said land 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 accruing subsequent to December 91, 19 92 .and easements and In Bftntllll gJrtttnf. the said grantor has signed and sealf!th~fjE;e~~RPs tcni dliga~~ear first abave written. STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LEO D. LEGAULT, a married man and DAVID L. LEGAULT, a married man to me known to be the person S described in and who executed the foregoing instrument and they acknowledged before me that they executed the same, WITNESS my hand and official seal in the County and State last aforesaid' 31stday 0 July, ,A,D. 1991. .~~.----~.". J ' ' l' ,,< ,:~> , ro{{) 1;0. CO 7At. in the p'tesence of' ~ ~.r ~p>; ~ "( " >03t .... '- C ,ii () '~ .j Ct " ..) (Y' 0 ./' @/l'lf!' /P. (Xiii), b' SEAL 'x~ o~ Signature LED D" LEGAULT Printed Signature ILU No,trrJ-i ;::'c J q.(;b b~ ILU Pnn Signature , 4{'l~ )J.'/-~l/I(W (I? JL,!/~' Post 0 A . r >' 4 ' 4-0 D<;LLU~f(( B/ u;:::Aj )- L~..) Co No E, <3CIVl[It!..S Printed Notary Signature /,/' -, ~ ' My Commise;ion Exph-es: /... "- / -.,/' ~ KARLEEN F. DEBLAKf~, F~Er:OHn VEF::C ~-:c ED }/}--/)j _ /1 c/ L CONTRACT FOR SALE AUD PURCIIASE D{\-VI,D, DEGAULT IS A LICENSED !mAL t;::;TATt; AGJ:;NT RECrIsTERED' IN THE STATE OF PARTIE;S:' DAVID. SARA. LEO. Erj8INE LEGAULT I ,,!4;,l2 'SOUTH MADISON AVENUE" CLEARWATER, FL (Phone a~ CITY OF CLEARWATER, FLORIDA 34618 , FLORIDA , ("Seller"), ,I ), , ("Buyer"), 01 (Phone ), hereby agree th~! the S~lIer shall sell and Buyer shall buy lhe Iollowing rc~1 prop~rty ("Real Properly") and personal properly ("Personully") (collectively "Properly") upon the lOllowing l()l'ms and condlhons whICh INCLUDE Ihe Standards lor Real Estate Transactions prmted on the reverse or attached ("Slandard(sl"l and any addendum 10 Ihis inslrument. , PINELLAS I. DESCRIPTION: (a) Legal deSCription 01 Real Properly Iocaled In Counly Florida: LOT 12, BLOCK 1, MOASE & HARRISON'S SUB A/K/A N.W.' Corner of Brownell & Maoison A' (bl Slreet address, cily, zip, ollhe Property is: lc) Personally: ...B..u. ' bath room with shower, s stem. Two offices & stora 300 amp e. One electrlca II. PURCHASE PRiCE".".....,..,...,.."...", ,..,.,."........,.".",...,.... ",.,...."...".".".,.".,..".,.,;.... ,...."....,;.".,.,'...,........ $ PAYMENT: (a) Deposil(s) 10 be held In escrow by (bl Subject 10 AND assumplion 01 mortgage In good standing In lavor 01 FL room. 120,000.00 In the amount 01 $ N/A " 'w having an approximate pr~ent principal balance 01 $ (c) Purchase money mortgage and morlgage note bearing annuallnteresl al % onlerms setl~~ herein, In amounl 01 '......,.. $ (d) Other: $ (e) Balance to close (U,S, cash, LOCALLY ~~~' ed or cashier's cheek), subjecllo adjuslmenls and prorations ..,...,................ $ 120; 000 . 00 III, TIME FOR ACC~PT~~~j EFFECTIVE ~ I ler is ~Ol executed bY~~rtieS OR FACT OF EXECUTION communicaled In writing belween lhe parlies onorbelore Aprll..,...1- 1991 ~'UL.. 01/ qCfI , h deposil(sl will, alBuyer's option, be relurned 10 Buyer and the oller withdrawn, Tho dalo 01 this Contracl ("Ellecllve Dale") will be Ihe date when a e 01 Ihe Buyer and Ihe Seller has signed this oller. IV, FINANCING: (a) II Ihe purchase price or anY.r.>afLoI it is to be linanced by a Ihird party loan, this ,Contracl lor Sale end Putcbase ("Contract"l is conditioned on the Buyer oblainin<j a written commitmenllor the loan wilhln N / A days lrom Ellective Date, at an Initial interesl role nol 10 exceedN I A %; lerm 01 N / A years; and in Ihe principal amount 01 $ N I A _ ' Buyer will make application wilhlnJ'.1! I A days lrom Ellective Date, and use reasonable diligerlCe to oblain lhe loan com- milenl and, therealter, 10 meet Ihe terms and conditions 01 lhe commitimenl and 10 close the loan, Buyer shall pay all loan expenses, II Buyer lails 10 oblain Ihe loan commitment and, promptly notilies Seller in wriling, or aller diligent eftort lails 10 meet Ihe terms and conditions 01 the commltmenl or to waive Buyer's rights under this subparagraph within the time stated lor obtaining the commilmenl, Ihen eilher pariI' may cancellhe Contracl and Buyer shall be refunded lhe deposil(s), I A ' (bl The eKisling mOllga[Jo described in Paragraph lI(bl obove has (CHECK (1) OR (21): (I) 0 a variable Interest rate OR (2) 0 a IIxed Interest rate of!. % J1fl1 JIOnum, At time ollille lransler some liKed inleresl rales are subject to increase, II Increased, the rale shall not eKceed N / A % per annum, Seller shall, wilhln 'N / 1-l. days lrom Efte<;live Date, lurnish a statement lrom all mortgagees slating principal bnlances. method 01 payment, interest rale and status 01 morlgnges, II Buyer has agreed to assume a morl[Ja<je which requires approval 01 Buyer by Ihe mortgag'N' fA assumption, Ihan Buyer Shll'f}'rPlly oblain all required applicalions and will diligenlly complele and return Ihem to Ihe morluagee Any mortuauee charge(s) not to eKceed $ shaH be paid by (iI nol Iilled In, equally divided), II the Buyer Is nol accepted by mortgauce or Ihe requirements lor assumption are not in accordnnce wilh the lerms 01 Ihe Contract or mortga[Jee ,makes a charge in ~x ~ )l)o slated amounl, Seller or Buyer may rcscinlllhis Conlracl by promPl"wrillen ,~,iC 0, or party unless eilher elects to pay Ihe Increase in inleres,I rate or e~cn~ " l~S, V, TITLE El!'DENCE: At Ie - ,days 10,' Seller shall, al,Se!W~:' e~nse, deliver~u eror BIUY~~a~:T~i~n~ acczance wllh Standard A, (Check (I) or (21): (II C aushacl 01 tille R 'II ~e, I mlltlO ))K~ '-J 1/'1iII~ Iffl . .;oyc1991 VI. CLOSING DATE: This Ir c ort ' e ~ Bnd olher clo' apers delivered 0" 1 ~ " unless e n ed liy olher provisions 01 Conlract. \ VII. RESTRICTIONSj EASEMENTSj LIMITATIONS: Buyer shall lake title su' I zon~Jlfilcl~, prohibitions and olher requiremenls imposed by governmental authority; reslrictions and mallei s appeann<j on Ihll plat or olherwise common 10 the subdivisio ' p utilfiY)ed?o~~ 01 record (easements are 10 be localed contiguous to Real Properly lines and nol more than to luel in width as 10 Ihe rear or lront lines and 7 '/0 leet I ' s to lhe side IineS.,.{lnless otherwise specilied herein); laxes lor year 01 clOSing and subsequent years; assumed morlgages and purchase money mortgages, it any; other: ,,_NOne N/A N/A l\I/A provilled, lhnl thore exisls nl clOSing no viotnlion 01 the loregoing and none 01 them prevents use 01 Real Properly lor G e n era .L co mm e r c l a .L purpose(s), VIII. OCCUPANCY: Seller warrants tlml there are no parties in occupancy other than Seller, but it Properly is intended 10 be renled or occupied beyond closing, the Incl and lerms l"crICol 5h,III be stuled herdn, nnd the lenanl(s) or occupants disclosed pursuanl to Slaoonrd F. Seller agrees 10 deliver occupancy 01 Property al lime 01 closing unless olherwise slaled hercin, II occupancy is 10 be delivered before closing, Buyer assumes all risk 01 loss 10 Properly Irom dato 01 occupancy, shall be responsible and liable lor maintenance 110m thnl d...te, nnd shull be deemed 10 hnve nccapled Property in their existing condition as 01 time 01 laking occupancy unless olherwise staled herein or in a separale writing, IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrillen or handwrillen provisions shall control all prinled provisions 01 Conlract in conflicl wilh lhem, X. INSULATION RIDER: tI Conlract is ulilized lor Ihe sale 01 a new residence, Ihe Insulation Rider or equlvnlent may be allached, XI. COASTAL CONSTRUCTION CONTROL LINE 1.~~~L"1 RIDER: II Conlraclls utilized lor lhe sale 01 Properly allected by the CCCL, Chapter 161, F,S,,- (1985), ,as amended, shall apply and Ihe eeGL Ridllr 01 equivalonl mny be allached 10 Ihis Conlract. , XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT I"FIRPTA"1 RIDER: The parlies shall comply with Ihe provisions 01 FIRPTA and applicable regulallons which could rcquiro Sollor 10 provide additional cash al closing 10 meel wilhholding reqiilieinents, and lhe FIRPTA Rider or equivalent may be attached to Ihis Contract. XfU, ASSIGNABILITY: (CHECK ( II or (2)): Buyer (1) 0 may assign OR'(2) (]J may not assign Contract. T h ~ sell ~ r sag r ~ e not tow i t ~ d r a.w thls offlcer prlor to appearlng XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1lt9 is attached OR (2)0 is not applicable, h' fl" -------__he.fore t e Clty 0 C W., cOmml,SSlon THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. for approval. IF NOT FUllY UNDERSTOOD, SEEK TUE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FOAM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR, Approval does no/ cons/itu/e an opinion /hal any of/he loons and conditions in this Contract should be accepted by the parties in a par/icular /ransacllon. Terms and conditions should be negotiated based upoo the respeclive interests, objectives and bargaining positions 01 all interested persons, -L1 ~ TY '_0 F , G L,~A< T E ~OPYRIGHT 1988 BY THE F~OA~~ 8A~ ~D ~H:!L~R~A ~S~CI1).N OF REALT/C, -~,~,~--- ~-I<>-ql Date I.Q~ ~ , (Seller) _(:ityt Ma-n.:.gei- , Davi 'ISecuritYOt:~axl,u'. ,""'~, :-,' ' _ , Soclal-6eotirity~f-TltlM,B:# -.,.. :..- '.- ',Q~ Sara Clty- Cl..?r ' ~~-/6-f1 Date , . (Buyer} .'~ ' So~~ Se~u~l; ; Ta~lJ, - - _'J1~1~m . ion e i? - Soclaf-SeCtlrity-or-T<r>rl -----TLKL- ---------City Attorney DepOsil(~~;Pa;gra h II recE.'I'.'ed; IF H THAN CASH, THEN SUBJECT TO CLEARANCE. BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By: o IF ~ !:!~!!NG AG~~E~~!'!!.!!~~~!t~!'!!!:YJ!'! E~~~~!; seller agrees 10 pay tfie Broker named below, InclUding cooperating sub-agents named, according to \he terms 01 an existing, separate listing agreement: Dale taar Date (Escrow Agent) OR t:l<: IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: SelierShaitpay----u1elirokernamedl>elov"i.-iiniiiie OJ-Ciosliig, lrom the disbursements 01 the proceeds 01 the sale, compensation In the amoonl 01 (COMPLETE ONLY ONEI - % 01 gross purchase price OR $ , lor Broker's services In ettecting Ihe sale by Iinding Ihe Buyer ready, willing and able to purchase pursuant 10 the loregoing Conlract. II Buyer lails 10 perlorm and deposil(s) is retained, 50% thereol, but not exceeding the Broker's lee above provided, shall be paid Broker, as full consideration lor Brol<er's services including costs expended by Broker, and the balance shall be paid to Seller, II the transaclion shall not close because 01 refusal or lailure 01 Seller 10 perlorm, Seller shall pay lhe lull lee to Broker on demand, In any Iitigalion arising our 01 the Conlract concerning lhe Broker's lee, the prevailing parly shall recover reasonable attorney lees and costs, (lirm name 01 Broker) By: , (authorized Signatory) (name 01 cooperaling sub-agent) (Seller) (Seller) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIAnON OF REALTORS OR THE FLORIDA BAR. I I STANDAnDS FOR REAL ESTATE TnANSACTIONS A, EVIDENCE OF TITLE: (1) An abstrael 01 \ille prepared or brought current by a reputnble and existing abstract firm (If not exlsllng then certified as correel by an exlsllng Ilrm) purporting 10 be an accurate synopsis of the instruments affecling IIl1e to Reat Properly recorded In the public records 01 the counly wherein Real Property is locnted, through Effeclive Dnle and which shall commence with the earliest public records, or such later dale as may be customary In the county, Upon closing 01 this transnction the abstract shnll become the property 01 Buyer, subjecl to the right 01 retention thereol by first mortgagee unlll fully pnid, (2) A \ille insurance commitment Issued by a Florida licensed tille Insurer agreeing to Issue to Buyer, upon recording 01 the deed to Buyer, an owner's policy 01 tille Insurance In the amollnt 01 lhe purchase price, Insuring Buyer's tille to Real Property, subject only to tiens, encumbrances, exceptions or qunlilicntion set forth In this Contract and those which shall be discharged by Seller at or belore closing. Seller shnll convey II marketable tille subject only to liens, encumbrances, excepllons or qualilications set, lorth In Contmct, Mnrketable tille shall be determined according to applicable Tille Slandmds adopted by aulhority of The Florida Bar and In accordance with law, Buyer shall have 30 days, II abstract, or 5 days, il tille commitment, lrom date 01 receiving evidence of \ilia to examine It. II tille Is found delective, Buyer shall, wilhin 3 dnys, nolily Seller in writing specifying delect(s), II the delect(s) render tille unmarketable, Seller will hnve 120 dnys lrom receipt of notice within which to remove the defect(s), falling which Buyer shall have the oplion 01 ellher accepling the tit,e as II then Is or demanding a refund of deposit(sl pnld which shall Immedinlely be returned 10 Buyer; thereupon Buyer and Seller shnll release one another 01 all lurlher obligations under the Conlract. Seller will, il \il1e Is found unmnrketable, use diligenl effort to correcl delecl(s) In tille within the time provided therefor, Including the bringing 01 necessary suits, 8, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage nole to Seller shall provide lor a 30 day grace period In Ihe event 01 delaull II a first mortgage and a 15 day grace period II a second or lesser mortgnge; shall provide for rlghl of prepayment In whole or In parI wilhout penalty; shall not permit acceleration or interesl adjustmenl In event 01 resale of Real Properly; sl1:l1l require all prior lien and encumbrances to be kept In good standing and forbid modifications of or future advances under prior mortgage(s); and lhe morlgage, nole and security agreement shall be otherwise In lorm and conlenl required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage noles, and security agreemenls generally ulillzed by saving and loan Inslllutions, or slale or nalional banks localed In the count y wherein Real Property Is localed, All Personnlty and leases being conveyed or assigned will, at Seller's oplion, be subject 10 Ihe lien of a securlly agreement evidenced by recorded financing stalements, If a balloon morlgage, Ihe final payment will exceed Ihe periodic payments Ihereon, C, SURVEY: Buyer, al Buyer's expense, within time allowed 10 deliver evidence 01 tllle and 10 examine same, may have Real Property surveyed and certified by a registered Florida surveyor. It survey shows encroachment on Real Property or thatlmprovemenls localed on Real Properly encroach on setback lines, easements, lands of olhers. or violate any restrictions, Contrael covenants or applicable governmental regulation, the same shall conslllute a \ille defecl. 0, TERMITES: Buyer, at Buyer's expense, within time allowed 10 deliver evidence of title and to examine same, may have Real Property Inspected by a Florida Certified Pest Conlrol '.operator to determine It there Is any visible active termile Infestation or visible existing damage lrom termite Infestation In the Improvements, If eilher or bolh are found, Buyer will have 4 days lrom date 01 wrillen nojice thereol, within which 10 have all damages, whether visible or not, Inspecled and estimated by a licensed builder or general conlractor, Seller shall pay valid costs of Ireatment and repair 01 all damage up to 2% of purchase price, Should such costs exceed that amount, Buyer shall have Ihe option 01 cancelling Conlracl within 5 days alter receipt 01 contraelor's repair estimale by giving wrlllen notice to Seller or Buyer may e,ecl to proceed with the Iransaction, In which evenl Buyer shall roceive a credit al closing 01 an amount equn! to the tolal of the treatment and repair estimate not In excess of 2% 01 the purchase price, "Termiles" shall be deemed to Include all wood destroying organisms required to be reported under the Florida Pest Control Acl. . E. INGRESS AND EGRESS: Seller warrants and represenls that there Is Ingress and egress 10 the Real Properly sulllclenl for the Intended use as described In Paragraph VII hereof, Iille to which Is In accordance wilh Slandard A, F. LEASES: Seller shall, nol less Ihan 15 days before closing, furnish 10 Buyer copies of all wrllten leases and eSloppel lellers Irom each lenanl specifying the nature and duration 01 the tenanl's occupancy, rental rales, advanced renl and securily deposits paid by lenanl. It Seiler Is unable 10 obtain such leller from each lenanl, Ihe same inlormatlon shall be furnished by Seiler fo Buyer wilhln that time period In Ihe form of a Seller's alfidavll, and Buyer may therealler contael lenants to confirm such Informallon, Seller shall, 01 closing. deliver and assign all original leases 10 Buyer. G, LIENS: Seller shall lurnlsh 10 Buyer 01 time of closing an affidavit aile sting 10 Ihe absence, unless olherwlse provided for herein, 01 any financing stalemenls, claims 01 lien or polentlal Iienors known to Seller and furnler allestlng Ihat there have been no Improvements or repairs 10 Property for 90 days Immedlalely preceding dnle of closing If Properly has been Improved, or repaired wilhin Ihal lime, Seller shall deliver releases or waivllrs of mechanics' liens execuled by all general contraelors, subcontraclors, suppliers. and malerinlmen In addition to Seller's lien allidavll selling lorth the names 01 all such general contractors, subcontraelors, suppliers and materialmen and furlher alllrmlng that all charges lor Improvemenls or- repairs which could serve as a basis for a mechanlc'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 Ihe counly where Real Property Is localed, at the office of the allorney or other closing agent designated by Seller. I. TIME: Time Is 01 Ihe essence 01 Ihls Contracl. Time periods herein of less than 6 days shall In the computalion exclude Salurdays, Sundays and state or national legal holidays, and any time period provided lor herein which shall end on Saturday, Sunday or legal holiday shall exlend to 5:00 p,m, of the nexl business day, J, DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill 01 sale, mechanic's lien alfldavlt, asslgnmenls 01 leases, tenanl and mortgogee esloppellellers, and correclive Inslrumenls, Buyer shalllurnishcloslng stalement, morlgage, mortgage note, securlly agreement, and financing statements, K. EXPENSES: Documentary stamps on Ihe deed and recording corrective Inslrumenls shall be paid by Seller. Documenlary stamps, Intangible tax and recording purchase money morlgage to Seller, deed and financing stalements shall be paid by Buyer, l. PRORATIONS; CREDITS: laxes, assessments, rent, Inlerest. Insurance and other expenses and revenue 01 Properly shall be prorated tllI",-'gh day belore closing, Buyer shall have the option 01 taking over any existing policies 01 insurance, If assumable, In which evenl premiums shnll be prorated, Cash al c10shlQ shall be Increased or decreased as may be required by prorations, Prorations will be made through-day prior 10 occupancy II occupancy occurs belore closing, Advance rent and security deposits will be credited to Buyer nnd escrow deposits held by morlgagee will be crediled to Seller. Taxes shall be proraled based on the current year's tax with due allowance made lor maximum allowable discount, homestead and other exemptions, If closing occurs at a dale wIlen the current year's millage Is nol fixed, and current year's assessment Is available, laxes will be prorated based upon such assessment and the prior year's millage, If current year's assessn',~nt Is nol available, then taxes will be prorated on the prior year's tax, If Ihere are completed improvements on Real Property by January ls1 of year 01 closing which Improvements were nol In existence on January 1st of Ihe prior year then laxes shall be prorated based upon the prior year's millage and at an equilable assessment to be agreed upon belween llle parties, failing which, request will be made to the County Property Appraiser for an Informal assPssll1cnt laking Into consideration available exemptions. Any tax proralion based on an estimate may. at request 01 eilher Buyer or Seller, be subsequently readjusled upon receipt 01 tax bill on condition that a slalemenl to Ihat ellectls In the closing statement. M. SPECIAL ASSESSMENT LIENS: Cerlifled, confirmed and ralllled special assessment liens as 01 date 01 closing (and nol as or Effective Date) are to be paid by Seller. Peneling liens as 01 date of closing shall be assumed by Buyer. If the improvement has been substantially compleled as 01 ElIectlve Dale, such pending lien shall be considered as certified, confirmed or raflfled and Seller shall, at closing, be charged an amount equal to the last estimate 01 assessmenl lor the Improvement by the public body, N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants Ihal, as 01 10 days prior 10 closing, the ceiling, roof (including the lascia and solllts) and exterior and Inlerlor walls do not have any VISIBLE EVIDENCE 01 leaks or waler damage and that the septic lank, pool, all major appliances, heating, cooling, electrical, plumbing syslems and machinery me In WORKING CON DillON, Buyer may, al Buyer's expense, have Inspections made 01 those lIems by an appropriately Florida licensed person deating In Ihe conslruction, repair or maintenance of those Items and shall report In wrltlJIQ to Seller such lIems that do not meet the above standards as to delects logelher with the cost of correcllng them, prior to Buyer's occupancy or not less than 10 days prior 10 closing, whichever occurs flrsl. Unless Buyer reports such delecls wifhin that time Buyer shall be deemed to have waived Seller's warranties as 10 deleels not reported, If repairs or replacement are required, Seller shall pny up to 3% of Ihe purchase price for such repairs or replacements by an appropriately Florida licensed person selecled by Seller. If the cost lor such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, falling which ell her party may cancel Ihls Conlract. If Seller Is unable to correel the defecls prior to closing, the cosl thereol shnll be paid Inlo escrow at closing, Seller will, upon reasormble notice. provide utltllies service for Inspecllons, Between ElIectlve Dale and the closing, Seller shall maintain Properly Including bul nolllmited to the lawn and shrubbery, In the condllion herein warranled, ordinary wear and tea' (>xcepted, Buyer shall be permllted access for Inspecllon of Properly prior 10 c1os,ng In order to confirm compliance with this Standard, O. RISK OF LOSS: If the Properly is damaged by fire or other casually before closing and cosl 01 restoration does nol exceed 3% 01 the assessed valuation of the Properly so damnged, cosl 01 restoration shall be an obligation 01 the Seller and closing shall proceed pursuant 10 the lerms of Contracl with restoration costs escrowed at closing, If the cosl of restoration exceeds 3% 01 Ihe assessed va,,,ation 01 the improvements so damaged, Buyer shnll have Ihe opllon of either taking Property as Is, together wilh either the 30/. or any Insurance proceeds payable by virtue 01 such loss or damage, or of cancelling Contrael and receiving relurn 01 deposit(sl, P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance 01 lunds, If abslract. evidence 01 title shall be continued at Buyer's expense to show title In Buyer, without any encumbrances or change which would render Seller's IIl1e unmarketable Irom the dale 01 the lasl evidence, Proceeds of the sale shall be held In escrow by Seller'S attorney or by such other mutually acceplable escrow agenl lor a period of not longer than 5 days lrom and after closing dale, If Seiler's litle is rendered unmarkelable, through no laull of Buyer, Buyer shall, within the 5 day period, notify Seller In wrillng of the defect and Seller shall have 30 dnys lrom date of rece<plof such nolilicalion to cure the de fecI. If Seller lails 10 timely cure Ihe delect, all deposit(sl shall, upon written demand by Buyer and within 5 days after demand, be re!u,r"cd to. Buyer andsimullaneously with such repnyment, Buyer shll.ll return Personally and vacate Real Property and reconvey It 10 Seller by special warranty deed, If Buycr lails to. make ,lll1:ml~, dcmarjd lor relund, Buycr shall take tille as Is, waiving -all fights agalnsl Seiler as to any Intervening defect except as may be available to Buyer by virtue' of warra-nlles contalfled'ln,lhe deed, If a porllon 01 11m purchase price is to be derived lrom inslilutional Ifnancing or refinancing, requirements of the lending Inslilution as 10 place; ;lrne 01 day and procedures lor closing, and lor disbursement of morlgage proceeds shall coutrol over contrary provision In Ihls Conlract. Seller shall have Ihe right 10 requirF.! fro".-\I1e lendillg1nslltutlon a wrillen- cOrnmltmnnt thnl II will not withhold disbursement of mortgage proceeds as a resull of any tille defect attribulable 10 Buyer-mortgngor, The Bscrow ,!md c1o:oolng procedure reqllio~ by lhis Standard may be waived II tille agent Insures ndverse malte.s pursuanlto Secllon627,7841, FS, (1987). as amended, " , a. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent Is aulhorlzed and agrees by acceptance of lllem to deposilthem pror'i1plly, hold same In 8861-0..... and, suhject to c1eamnce, disburse them In accordance with terms and condilions 01 Conlract, Failure 01 .clearance of lunds shall not excuse Buyer's per!orrl@nce, b,ln doubt as to Agent's dulies or Iillbilities under Ihe provisions 01 Contract, Agent may. at Agent's option, continue to hold the subject mailer of Ihe escrow unlilthe p",t;-e~ mutually ngree .10 Its disbursement, or until a Judgment 01 a court 01 compelenl )urlsdlcllon shall deterrnlne Ihe rlghls 01 the parties or Agenl may deposit with the clerk~ of Ihe -Circuit cOlllt bavin{j )wisdictlon 01 the dispule, Upon notifying all parties concerned 01 such acllon, alllinbilily on Ihe part 01 Agent shall lully termlnale, except to the extent ~ofocCounting for any-IIC"\1s previously delivered out 01 escrow," a licensed real eslale broker, Agent will comply with provisions of Chapter 475, F,S, (1987), as amended, Any suil bclweeri Buyer alid'Set1er where Agenl Is made a party because 01 acting ns Agent hereunder, or In any sull wherein Agenl Inlerpleads the subjeel mailer 01 the escrow, Agentshnll recover reasonnble pltorncy's Ices and cosls Incurred wilh the lees and costs 10 be charged and assessed as courl cosls In favor 01 the prevailing parly, Parties agree that Agenl shall nol bE! Jlnble 10 any party or person lor misdelivery 10 Buyer or Seller 01 items subject to this escrow, unless such misdelivery Is due 10 willful breach of Conlract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any liIigntlon arising out of this Conlract, the prevailing party shall be entilled to recover rensonable allorney's lees and cosls, S. FAILURE OF PERFORMANCE: II Buyer lails to perlorm Ihls Contrael within the lime specllied (including payment of all deposit(sll, Ihe deposil(s) paid by Buyer may be rdained by or for Ihe accollnl 01 Seller as agreed upon liquidated damages, consideration lor the execution 01 this Contr ael and in lull selllemenl 01 any claims; whereupon, Buyer nnd Seller shall be relieved 01 all obligations under Contrncl; or Seller, at Seller's option, may proceed In equity 10 enlorce Seller's righls under Ihls Conlrael, II, lor any reason olhl)r Ihan Inl1ure of Seller 10 nmke Seller's 1iI1e markelable aller diligenl ellort, Seller lails, neglecls or refuses 10 perlorm this Conlract, the Buyer may seek specllic performance or cicci to receive the rei urn 01 Buyer's deposil(sl without thereby waiving any action lor damages resulting lrom Seller's breach, T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any nolice of II shnll be recorded In any public records, lhis Conlrnct shall bind nnd inure to the beneflt 01 Ihe parties and their successors In Inlerest. Whenever the contexl permils, singular shall Include plural and one gender shall Include all, Notice given by or to the allorney for any parly shalt be as efleclive as II given by or to that parly, U. CONVEYANCE: Seller shall convey tille to Reat PJoperty by slalutory warranty, trustee's, personal representallve's or guardIan's deed, as opproPflate to the status of SeliN, subll'd only 10 mailers contained In Paragraph VII and those otherwise accepled by Buyer, Personalty shall, al requesl 01 Buyer, be transferred by an absolule bill 01 sale with wnrranty of tille, subjecl only to such mailers as may be olherwlse provided lor herein V. OllfER AGREEMENTS: No prior or presenl agreements or representations shalt be binding upon Buyer or Seller unless Included In Ihls Contract. No modificalion or change In Ihls Contrncl shalt be valid or binding upon Ihe parties unless In wrlling and executed by the party or parlles Intended 10 be bound by It, W. WARRANTIES: Seller warrants Ihat there ere no facts known to Seller materially affecting the value of the Real Property which are not readily observnble by Buyer or which have not been disclosed 10 Buyer, I , I .' . . ADDENDUMITO CONTRACT FOR SALE AND PUrCHASE Form A140 Commercial Lease , COMMERCIAL LEASE This lease is made between CITY OF CLEARWATER ani APPLE TECH SCREEN PRINTING I Nc..herein called Lessee. , herein called Lessor, Lessee hereby offers to lease from Lessor the premises situated in the City of Clearwater , County of PINELLAS , State of FLORIDA , described as 2300 S.F. Storage/Office Area 422 S. Ma d is 0 n A v en u e , upon the foHowing TERMS and CONDITIONS: Clearwater, FL 34619 1. Term and Rent. Lessor demises the above premises for a term of 6 mo nth s years, commencing at c 1 0 sin 9 0 f s ale , 19 ~ I and terminating on 3 - 6 man tho P t i 0 n,s 19 or sooner as provided herein at th~ental of DoHars ($ 4 (f'r/.'-6 Cj'"1 ) , payable in equal installments in advance on the first day of each month for that month's rental, during the term of this lease, AH rental payments shaH be made to Lessor, at the address specified above. 2. Use. Lessee shaH use and occupy the premises for pr in t i ng / of f i ce s torage/ camera shop , The premises shaH be used for no other purpose, Lessor represents that the premises may lawfully be used for such purpose. 3 . Care and Maintenance of Premises. Lessee acknowJedges that the premises are in good order and repair, unless otherwise indicated herein, Lessee shaH, at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted, Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and: N / A , which shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which would otherwise be required to be maintained by Lessor. 4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the premises. 5 . Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee, 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease. 7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shaH be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services. 8 . Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter, 9 . Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this Jease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within N / A days of the commencement of the term hereof, 10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agreesto hold Lessor hannless from any claims for damages, no matter how caused. 11. Insurance. Lessee, at his expense. shall maintain plate glass and public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as foHows: Lessee shaH provide Lessor with a Certificate of Insurance showing Lessor as additional insured, The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 1111I1 o 53926 20009 2, , . 12. Eminent Domain. Ii the premises or any part thereof or any estate t~rein, or any other part of the building materially affecting 'Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for moving expenses. 13. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease 14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within 10 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such 1 0 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than 1 5 days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any tenn shall be deemed a waiver. 15. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of Dollars ($ 5 0 0 . 0 0 ) as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided, If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. 16. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to % of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease tennincluded in such year. 17. Common Area Expenses. In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area. 18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 19. Notices. Any notice which either party mayor is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address shown below, or at such other places as may be designated by the parties from time to time. 20. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs. assigns and successors in interest to the parties. 3-6month options 21. Option to Renew. Provided that Lessee is not in defaUlt/the performance of this lease, Lessee shall have the option to renew the lease for an additional term of months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of $ 4 0 0 . 0 0 . The option shall be exercised by written notice given to Lessor not less than - 0 - days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified, this option shall expire. 22. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property . 23. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a :part of this lease before the parties' execution hereof: S dE' A-dtlC:?AJ~ fI.J pattI)...;). i{ Signed this day of , 19 By Lessee By Lessor c. E-Z Legal Forms I ~. , ~ ~ ) " ' ADDENDUM TO CONTRACT FOR SALE AND PURCHASE OF 422 S. MADISON CONTRACT 24. This lease may be cancelled should the lessor determine that a municapal need exists consistent with the City Charter, by providing either party 90 days notice. Lessee may cancel lease if building becomes unsuitable for business needs by notifying lessor with 90 days notice, with no penalty to lessee. 25. The lessee shall pay to the proper public authorities all real and personal property taxes and assessments assessed against the real property taxes and assessments against this lease agreement and excise fees and other taxes and assessments levied upon the personal property, located in and the business conducted on the demised premise for the lease period, and all to be paid to date upon which payment of the same would be deliquent, or upon vacation of property. Lessor shall promptly present to lessee any tax bills it shall receive and lessee shall promptly provide lessor evidence of payment. 26. In no event shall lessor or any of the lessors property be liable for or chargeable with any expenses or lien for work labor, labor on materials used in the premise or in any improvement, repairs or change thereof. 27. Lessee shall be responsible for property liability insurance in the amount of $300,000/$500,000. 28. Lessor shall make exterior/structual repairs, lessee shall be responsible for interior/mechanical/electric repairs. 29. FLORIDA , ...-' By: ~ & correctness: WITNESS /fJ-<~ As to Apple Tech Screen Printing Inc. Inc. " , -- -.-. MIS 1'0991 c'=-' ' "', U,S, DEPARTMENT OF HOUSING AND URBf DEVELOPMENT . 0, A, I B. TYPE OF LOAN ,..- ( 1.0FHA 2, 0 FMHA 3, 0 CONV, UNINS, 4, OVA 5, 0 CONV, INS, 6, FILE 17. LOAN NUMBER 91070014 NUMBER 8. MOATG, INS, CASE NO, C, NOTE: This form is furnished to tve you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown, Items marked ("p,o,c,") were paid outsi e the Closing: they are shown here for information purposes and are not included in the totals, 0, NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA ADDRESS: E, NAME OF SElLER: LEO D. LEGAULT and DAVID L. LEGAULT ADDRESS: SElLER TIN: F. NAME OF LENDER: CASH TRANSACTION ADDRESS: G. PROPERTY LOCATION: LOr 12, BLK 1, MOASE & HARRISONS SUB OF rm 7 OF R.H. PADGE'ITS SUB a/k/a 422 S. MADISON AVENUE, CLF.ARWATER, FL 34616 H. SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918 ADDRESS: 1290 COURT STREET CLEARWATER. FL 34616 PLACE OF SETTLEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I, SETTlEMENT DATE: ADDRESS: 1290 COURT STREET JULY 31, 1991 ,f<'IlI./IAIArrrn, F'T. 14616 212th DAY OF YEAR J, SUMMARY OF BORROWER'S TRANSACTION K, SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SElLER: 101. Contract sales price 120,000 00 401, Contract sales proce 120 000.00 102, Personal properly 402, Personal property 103, Selllemenl charges to borrow (line 1400) f),OO 403 104, 404 105, 405 Adjustments for items pajd by seller in advance: Adjustments for items paid for seller in advance: 106 City /Iown taxes to 406, City/town taxes to 107. County taxes to 407. County ta>,es to 108, Assessments 10 408 Assessments to 109 to 409 10 110, to 410, 10 111. 411 112 412 120 GROSS AMOUNT DUE FROM BORROWER: 120,006.00 420 GROSS AMOUNT DUE TO SEllER:: 120,000.00 200, AMOUNTS PAlO BY DR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SELLER: '-, 201. Oeposit or earnest money -0- 501 Excess deposit (see instructions) 202, Principal amount 01 new loan(s) 502 Selllement charges to seller (line 1400) 1 hnh nn 203. Existing loanls) taken subject to 503 Exlsllng loan(sltaken sublecl 10 204 504, Payoll oll"sl mortgage loan SUNBANK 63,104.57 205, 505 PayolI 01 second mortgage loan 206, 506 207. 507 208, 508 209 509 Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210, Cityltowntaxes to 510, City/lown taxes to 21" County laxes to 51" Counly taxes 1/1/91 to 7/31/91 648.89 212, Assessments to 512 Assessments 10 213 to 513 to f-- 1991 ~ PROPERlY TAX 'ID I 214, 514 E THE 215, 515 RESPCWSffiILI'lY OF THE SEL.LmS 216 516, 217 517 218, 518 219 519 220, TOTAL PAlO BY/FOR BORROWER: -0- 520 TOTAL REDUCTION IN AMOUNT DUE SELLER:: 65,359.46 300, CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTlEMENT TO/FROM SElLER: 301. Gross amount due from borrower (line 120) 120,006.00 601. Gross amount due to seller (line 420) 120,000.00 302 Less amounts paid by Ifor borrower (line 220) -0- 602, Less total reductions in amount due seller (line 520) 65,359.46 303. CASH [!XI FROM) [OOUQ)SORROWER: 120,006.00 603. CASH (~ TO) I~ SElLER: 54,640.54 OMS N 2502 0265 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 rea' 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, comp'ete the applicable parts of form 4797, Form 6252 and/or Schedule 0 (Form 1040), Y , d b I 'd 1. R. S. au are require y aw to provl e '1 you do nol provide I . R. S with your correct taxpayer identification number With your correct taxpayer IdenllflcatlOn number, you may be subject to CIVI' or Criminal pena'lIes tho"" ~~ my """t '''p.y" ,dool,"""'" ""mho< L. LF.GAmr a:.. MIS LDI J I PAGE 2 OF OMB No 2502-0265 . , L. SETTLEMENT CHARGES PAID FROM PAID FROM BORROWER'S SELLER'S FUNDS FUNDS 700, TOTAL SALES/BROKER'S COMMISSION Based on price $ @ %= AT SETTlEMENT A T SETTLEMENT __'._...Qtvision of commissi~!line 7(0) as follows: 701$ to ~._~~-_.~------- ...!!!?:!_- to _!03, Commission paid at selllement NONE 704 800 ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee '10 I-- 802, Loan Discount % 803, Appraisal Fee to 804, Credit Report to 805 Lender's inspection fee 806, Mortgage Insurance application fee to 801. Assumption Fee 808 809, 810 811. 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE, 901. Interest Irom to @$ /day 902, Mortgage Insurance premium for mo, to 901 Hazard rnsurancepremium lor yrs, to 904, yrs, to 905, 1000 RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance mo @$ per mo, ,,:i\,,',,:': ,i ': . :.1, 1002 Mortgage insurance mo, @$ per mo, I'!i'; ,;, :.;,"":" ~;. 1003, City property taxes mo @$ per mo I"" 1004, County property taxes mo, @$ per mo, .' ' ";;':/ , 1005 Annual assessments (Maint) mo, @$ per mo :, ."" 1006 mo @$ per mo, I:', 1007, mo, @$ per mo, 5~~iI 1008, mo, @$ per mo, ~~ ," " 1100 TITLE CHARGES: 1101, Selllement or closing lee to 1102 Abstract or title search to S'T'(" 10000 -- 1101 Title examrnation to 1104 T,lIe rnsurance binder to 1105, Document preparation to 1106, Notary lees to 1101. Allorney's fees to to (inc/udes above items No ' ~ :~ ,!' .,' 1108 Title insurance (1101 ) to rrT'l'T ,J;' ()'fi' ('T Tl\Tr - (inc/udes above i/ems No" ,'oj' '~;"::;ii:;:t 1109, Lender's coverage $ 11 1110, Owne,s coverage $ 1 ')(1 fV\(1 nn , 1111. 1112 1113 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording tees: Deed $ h 00 Mortgage $ Releases $ h nn hnn h nn 1202, City/county tax/stamps: Deed $ Mortgage $ 1203, Slate lax/stamps: Deed $ 7?n 00 Mortgage $ 7?n,nn -- 1"04 f---, 1"05, 1300 ADDITIONAL SETTLEMENT CHARGES ...2.~OI, Survey to EVANS LAND SURVEYING POC 1302 Pest inspection to 1301 ---- 1304, CI'IY OF CLEARWATER-ASSESSMENT SEARCH 5.00 1305 1400 TOTAL SETTlEMENT CHARGES (entered on lines 103, Section J and :JU2, :sect/on K) 6.00 1 606.00 CE RTlFICA TlON: I have carefully relv~~~En~~?Ji';:~menl ~e~ and t(!)to;{J;,wledge and belief, it 15 a true and accurate statemen'.:2Pls and disbursernts mad~,r by 100 in this Iransacllon,llc,thor certify Ihallhaverocelve~acOPY:'::1-1 tllo nt 1 J;>< ~ 0 ~~/' , '~~ ~~ tor: CI'IY OF' I I LE<:J U . I-<J iAI II ,'r', ~,,--..I /-4-" (/t""-~' Borrowers -'7. ,11 u~ IC~I' Sellors . , ,'_ ,L. 11111," r"1?~~,lhe}lU~-7selllem~,latem""Wh'c ~ed IS a true and acclIIale a unl of Ihelunds which were recerved and have been or Will be disbursed by the underSigned as part of Ihe selllemen~s tlansaclion = //CU ,(VilIY ,/;( ---1/-,,/+/ VI//. /Y"/I// J JUlY 31, 1991 (, selllemen~~ went L/ I " Date IEllER'S A lOR PURCHASER'S STATEMENT 50110'5 and Purchasor's signaturo horoon acknowledges his/their approval of tax proralions and slgnlllos Iholr underslandlng thai prorations woro basod on laxos tor the procodlng year, or.stimalos or Ihe curreyo.r, an~ In the ovent of any change for Ihe curronl yoar, all nocossary adjustmenls musl bo mado belwoon Seller and Purchasor: likowiso an default in delinquont taxos will bo roimbursod to Tlllo Company b tho Sollor, Tille Company, in Its capacity as Escrow Agonl, 15 an~ has boon authorlzod ,Ie deposit all funds It rocoivos In Ihls transacllon in any tinanciatlnslltution, ~holhor allltlatod or nol. Such tlnanclal institution may provido TIIro Company computor .ccountlng and audltsorvlcos d"oclly or Ihrough . soparato onltty WhiCh, .f alllltatod wllh Tille Company, may chargo the flOanclal inslllutlon ,oasonablo and proper compensation Iheroloro and rolalO any profllslherolrom, Any oscrow loos paid by any 'arty involved in this transaction shall only bef~r heckwrlting an inpul to Iho compulors, but not for aforesaid accounllnq and audit servlcos, Tille Company shall ~ot be liable for any Intorosl or other charges on the oarnost monoy and shall bo undor no luly lu Invesl or relnvesl fun~shel~ by II at any I ,Sollers and Pu hasers horoby acknowlodgo and consenl to the deposlI ofthe oscrowmonoy.n flnanclallnslltutlons with which T,'lo Company has or ay h,e other bankmg rolatlonshlps and furthor 'onsent to Ihe relenllon by TilleCon any an~/ r' 5 afflllaleuf an d all benefits (Including advanlageous interest rales on loans) TIlle Company and/or liS alliliatos may roceivolrom such tlnanciall Itul ns by ro~son oft amlonance of sa,d 'scrow accounls ~ . ;} , ~ n lhe part,esllave read Ihe ov ~ I e It .ons herem r le"al to same, and recogOl'. Tille CO~~eIY-2" th~--,,-- ....AJ,)/' ~ 'u""as""SGrrg? :_'I:]JY:~,_ ~~R. .-n_~---::'=- _. -_ ___ __'u __ se~~__LEG~ItGf~':'~TI'IW:C,L~__r~GA-rn:T~"=~ -~~ -- - ,\1,-':(' ,'Iliff ~'I)-;III\)llm.Ihlfll:,f',l~!rrfltt" 't'lln,lud'll:1:lf'Si"ith'" rHI'llth!:' <;'f1Ii1,f1rrpF'fll,l:r II r, 'II Id!'.1flr,'~,dlf' ('llll.'tf:'n 1""11 Tllll1i1,I('( I I II, I ALTA OIJllNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS '\" ~' J POLICY OF TITLE INSURANCE ISSUED BY 91070014 f../ STEWART TITLE GU ARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM CWRAGE, THE E SCHEDULE B AND THE CONDITIONS AND _PULATIONS, ST corporation, herein called the Company, insures,','",r~""I.,":,.,, of Date of POliC, exceeding the Amount of Insurance stated in Schale A, sustained 0 TIONS FROM COVERAGE CONTAINED IN ART TITLE GUARANTY COMPANY, a Texas hown in Schedule A, against loss or damage, not curred by the insured by reason of: Company Unmarketability of the title; ,~ The Company will also pay the costs, to the extent provided in the Conditions IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date defense of the title, as insured, but only his policy to be signed and sealed by its ~~ '-ht:~ Chairman of the Board Co""~ eA~ Au#horized Signatory City, State The following matters are expressly excluded from the cove expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (incl4t~f:building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or ) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any vi inances or governmental regulations, except to the extent that a notice of ~he enforce.ment thereof or a notice. of a defect, lien or)7J~~~m~~~nE~){~T,W}.ling 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. - 15792 -. ,.,. .,." 211 (Rev, 4-6-90) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (dl 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 imured 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 Company 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 of 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 (iil 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 Sec~on 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,. pony 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 Company 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 proof 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,courtJorthe district in.wl1ichtheJondJs loc.ated..,., "-.- nn._ ,._~.____.__....rmyJitigation.,..witfL,r.egord-tQtbemnatt~_()Llllattersre~yirlrlg wch proof of loss or , (g) "un marketability 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. pony, 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 once 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 Jlurchase money 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 ext~nt 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 CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay. .._.____'~lUp<l.n V{ritte.flreClu:~t~tth_e insuredand_~ulJj:.ct ~o~heop~~.s c~ntained " U~on the exercise ~y th: Company of this option, all liability and o.bligations In Section 6 01 these Conditions ana Sfipu1altons, tne Company, at Its own-ccm-- ---ro-ltnnnsiJrec!'uncl..rthls'polrcy;otherthonnto-moke the--paymentreqtttred,-iholl------n 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 Payor 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 liab 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 any 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 of 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 the insured. The Company may take any pony up to the time of payment and which the Company is obligated 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 under 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 Company 7. DETERMINATION, EXTENT OF LIABILITY. may pursue any litigation to final determination by a court of competent jurisdic- This policy is a contract of indemnity against actual monetary loss or dam. ,lion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or adverse Ludgment or order. damage by reason o~atters insured against by this pCliicy"and only to the ,- I extent herein describel ',!" [continued and concluded on last page of this policy) (,.. AL TJI"OWNER'S POLICY I I '-mls 15792 Order No.: 91070014 Date of Policy: July 31, 1991 1. Name of Insured: CITY OF CLEARWATER, FLORIDA SCHEDULE A Policy No.: 0-2111- 15792 Amount of Insurance: $ 120,000.00 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3, Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA 4. The land referred to in this policy is described as follows: Lot 12, Block 1, MOASE AND HARRISON SUBDIVISION OF LOT 7 of R.H. PADGETTS SUBDIVISION of SE 1/4 of NW 1/4 of Section 15, Township 29 South, Range 15 East, 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 STEWART TI"rI~E GUARANTY COMPANY delete delete delete delete delete delete 2113 AL TA OWNER'S POLICY Order No. 91070014 I I ~~ SCHEDULE B 2111 Policy No,: 0...;~-15792 This policy does not insure against loss or damage by reason of the following: 1. ~~~~~~~. 2.x~ s, 3. E~~~~xfiM~~~kll@:~~~y 00c 4. ~~~~~~~Jt~XIlexxfm:g~ im~kwx:~~)ooeoocds. 5. CO~~~~~~~~~l5JM9m(lOtx the~~KtKf'Mcx 6. A~~S:~~xkKtaoO<tX:kmtmdotElX~, ~x:mt~~DX~~~xxxx:k:HJdscx;mlXjllNs:iQgotKR:~I!iUlJSCof ~ . :t!Rllj:~xccfxitJecmlxbmmcXlxXmdk:mrmx: Ii ~~mc~~~ 7, Taxes for the year 19 92 and thereafter. 8. Subject to Easement to CITY OF CLEARWATER filed May 14, 1987 in O.R. Book 6493, Page 307 of the Public Records of Pinellas CountYr Florida. Page 3 STEWART TITLE GUARANTY COMPANY ~'" tONDITIONS AND STIPULATIONS ContinueJ (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. t!1.) (This paragraph removed in Florida policies,) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accor~ance with Section 4 of the Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the p'arcels but not all, the loss shall be computed and settled on a pro rata basis as If the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, AII/ayments under this policy, except payments made for costs, attorneys' fees an expenses, shall reduce the amount of the insurance pro tanto, 11. LIABILITY NONCUMULATIVE, It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is token in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT, (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol- icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which the, insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transter to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shal! permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required tOlay only that part of any losses insured against by this policy which shall excee the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea. son of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur: ance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but ore not limited to. any controversy or claim between the Company and the insured arising out of or relatina to this policy. any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties, The award may include attorneys' fees only if the lows of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(sl may be entered in any court having iurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (0) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy sholl be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company. 16, SEVERABILITY, In the event any provision of the policy is held invalid or unenforceable under applicable law, the rolicy shall be deemed not to include that provision and all other provisions shal remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE GUARANTY COMPANY ~ - - ~ - - - - - STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY \~ SanCliiy of CommO STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 \~ , POLICY OF TITLE INSURANCE - - - - - - - - ~ \~ American Land Title Association Commitment - 1966 " I . , ..... .,'- ~ 11'=-=-="='='''''- I - ""~-"="==l'" ,-,-",,,==',- ",'''-- t,;OMMITMENT FOR TITLE ISSUED BY """'='==~="I="='=c'="="= ,~,,~==,-====, '" INSURANCE 91070014 STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COM~ANY, A TexasSorporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay- ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective cirilv whe,fthe identity of the proposed Insured and the amount of the policy or policiescomJ'1')it~~f()rha\l~beeninse~~(:td in Schedule A hereof by the Company, either at the time ofthei~uan~ofthi$.eommitmel7\t or by subsequent endorsement. This Commitment is preliminaryt9~~~i'~~.~~f;~~~~;f;)()lic.Y9r policies of title insurance and all liability and obligations hereundersha.1Jp~a~~~n~r(:trminatesixmonths after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE ~~~~ GUARANTY COMPANY I~'IJIIHHN--:, ........1S!.\-~"~.f'-f. ~ ~_.. ...... ... J~l~ORPO.\'4;~~' ..~.",' !, ,: {, .,-,", *,,"", __.;,,',","",',;.~.'.,.,: ii,', 1",';.\19 OB/r::.,....,1 'c '.:.. ,..., ._. ~ j:1I.....,,' , ,.,.- ,'.,-'.,','EXP>. ;.~ "", 1(/PIfl:l' eJAuu/$~ President Company City. State Serial No, C. 9 912.7 6 2 4 6 6 nn.~_ ___.__'_'__,_____~__ _u_ n ...._._'u_..._____, ________ 005N Rev, 3/78 ;mls I I SCHEDULE A 91070014 Prepared For: CITY OF CLEARWATER, FLORIDA Commitment No, (' ~912 762-466 Your 0.: Inquiries Should be Directed to: MIKELL L. ST.GERMAIN Stewart Title Company of Clearwater 1290 Court Street Clearwater, Florida 34616 (813) 441-2689 Amount 1. Policy or Policies to be issued: (a) DXAL T A Owner's Policy $ 120,000.00 Proposed Insured: CI'l'Y OF CLEARWATER, FLORIDA (b) D AL TA Loan Policy $ Proposed Insured: 2, The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple, 3. Title to said estate or interest in said land is at the effective date hereof vested in: LEO D. LEGAULT, a married man and DAVID L. LEGAULT, a married man, as joint tenants with right of survivorship 4 The land referred to in this Commitment is located in the County of PIN ELL AS State of FLOR I DA. and described as follows: Lot 12, Block 1, MOASE AND HARRISON SUBDIVISION OF LOT 7 of R.H. PADGETTS SUBDIVISION of SE 1/4 of NW 1/4 of Section 15, Township 29 South, Range 15 East, 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 TI~"I..E 2552 GU ARANTY COMPANY I SCHEDULE B I ORDER NO: 910,70014 Commitment Number: C-9912-762 I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest tobe insured must be properly executed, delivered and duly filed for record, Vali~o identification (ie: Driver's Li?ense, Passport) and . \?j ~yral security numbers required of all part~es to the \f'\\J~ransaction by the Insuror. of that certain mortgage from LEO D. LEGAULT, a and DAVID L. LEGAULT, a married man, as joint nants with right of survivorship in favor of SUN BANK OF TAMPA AY, filed September2, 1987 in Official Record Book 6574, Page ,. 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: II. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent tothe effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. JJ4',/"S ,~ I Standard Exceptions: (a) Rights sr olaim! vi 1-'<11 t;eJ iA l'lessesEieA Flst sRewFl BY the I'l~BIiCl reeofEi&. Easements, or claims of easements, not shown by the public records. (c) croachments, overlaps,boundary line disputes, or other matters which would be disclosed by an accurate survey IJ and I ection f e premises, l/Sd) Any lien, . t a Ii n, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by . the public rec (e) Rights of dower, ho or other marital rights of the spouse, if any, of any individual insured. (1) Any titles or rights asse y anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands compris the shores or bottoms of navigable rivers, lakes, bays, ocean orgulf, or lands beyond theline of the harbor or bulkhead Iin as established or changed by the United States Government or water rights, if any. 3. Special Exceptions: (a) Taxes. Subject to Taxes for the year 1991 are not yet due and payable. Parcel No. Gross Tax for the year 1990 $1,169.33. and subsequent years, whiel 15/29/15/58338/001/0120 4. Subject to Easement to CITY OF CLEARWATER filed May 14, 1987 in O.R. Book 6493, Page 307 of the Public Records of Pinellas County, Florida. 2153 Page 3 of 4 S'I"E,\\-TAU.T "rITLE GUARANTY COMPANY I I CONTINUATION SHEET Order Number: SCHEDULE _ B Commitment Number: 91070014 C-9912-7624b6 SCHEDULE B - PART I CONTINUED 931 in the principal amount of $66,000.00, of the Public Records of PINELLAS County, Florida. Relea of Assignment of Lessors interest in Lease to SUN BANK o AMPA BAY, recorded in O.R. Book 6574, Page 935 of the Public ecords of Pine las County, Florida. Terminat" n of UCC-1 Financing Statement to SUN BANK OF TAMPA BAY, corded in O.R. Book 6574, Page 939 of the Public Records ~S 0 - inellas Coun ., Florida. ~. Warranty ced to be executed from LEO D. LEGAULT, a married man and D "D L. LEGAULT, a married man, stating property is not the ho stead of the grantors and the address where they reside, to ITY OF CLEARWATER, FLORIDA. Page -tr-of 4 0055 STEWART TITLE GUARANTY COMPANY -...-' ........_-----~~_.~. , . '~ I I CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed 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"\VART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BE R which appears on the bottom of the front of the first page of this commitment. -'-.....-...-',....""""="""~ -- ,_:'1 COMMITMENT FOR TITLE INSURANCE .~ Sanctity of Contract - Issued by STEWART TITLE GUARANTY COMPANY ,. I CE1UIFIED TO & CIT)' of .:L1~A~WATE.~ 15 1..95 I?E. PREPAlt!D FOR:STEWA~ InTLE C.OMPANY of- CLEARWATEt, ~~. - tWIt. - RGE. - $-re:vJAIZ-r ",,.n..E: GUA~ A.N TEe:. c.OMr Ar-J'{ (P). Pl.Af !>1.<'-'TAI0c..E:,. (M) = MI::ASUJ)E-D DI'sTANC.E.. FtR~ fOut--lD I~Q,.J ~oD ~ . 0 to : ., ..... .. ':J / r~ ,\ l I v . ~, r I I.1J ') z Il..l "> ~ '- ~n- f<oD 13(,.:,,0 (p) ~H~ I (.? 40 E.) ~;) ( i) '-'~ ~o 13~. 40 (M) ........ .t I ..... ~ \D '.J \S\o L ~ ~ 0 to ~ "f\ ',0 Q ~0~'" <( ~( flf-. ~ ~'''''Z.I ,. I -;S '-' 0 ~"g J ..9tS) I. __ .~ 't 2..c? ~ 'D/. ~7 l/ ,r /' ~\I>'" f, -. ,- ~ c-,)tf: "- ~, , >- )>' -.. ,..... ~ ~ Cl ~ ~U'\ ~t '"'" ~ '""' -...J ~ '-.J ~ 0 r<\ 'in ~'d)- ..,... ~\Z- -A,(, · ( O.~~o.) fo.~ E.) ~".;J ~~ ~1/ ~p..J~< ..,J~ V & ,tf'q' ,,~O \J\ l>RA1~AG.E. tt UT/l_rr'l E,A.~EME,.JT o.~, "'49~ ~S, 3<>7-?><:>' r?1fD.O(p) 13/0. ~B (M) - B~OWNE..LL S"'TR.E E. T - . ~- I A SURVEY OF LoT 120, r5L..Oc..f<:. 1., of MOASe 4- HAR.~\.sO,.JS 5lJ B- Dtvl:SIO,.J OF- LOT -, Of- ~. H. PADGE.TToS Su8D,v,'s, ON AS RECORDED IN PLAT BOOK ~ , PAGE 8~ , OF THE PUBLIC RECORDS OF Hillsborough County, Florida, of which Pinellas County was forr.-erly a part. [, RM ZON E:.. c... I HEREBV CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE. DATE: 7-08-91 OWN. IV: L.f.. - M INV. NO.: 9'-~7S ;:; 2300 MAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 EVANS LAND SURVEYING '~ " L_/ (.';1. (~~/ Rv L EVANS Ro. eo. No. 2937 BOlJND,AfC!:.Y 5lJRvE'f' I I .')oIlC(II)' III (:orr',-,/(:t RONALD (RON) E. SOMERS President S~"'EWAIlT TI~"'J....E OF CLEARWATER P,O, 80x 2756 Clearwater, Florida 34617 (813) 441,2689 1290 Court Street Clearwater, Florida 34616 AUTHORIZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. 91070014 LEGAL LOr 12, BLK 1, MOASE & HARRISON SUB OF LOr 7 OF R.H. PADGETrS SUB SEILER LEO D. LEGAULT and DAVID L. LEGAULT BUYER CITY OF CLEARWATER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/S.E'.ITLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 31 day of JULY , 19 91. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the statement of actual cost is based on the latest infonnation available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available wili be handled between the parties to this transaction, outside of Stewart Title Company Company of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. fO~~~~ (!1~ SELLER'S FOR ING ADOZs: 43 r /2../(/ "c,A/1 f" ...v f( . '8~LL~',L 8/v'-::,cs; pL..s %40 BUYER'S FORWARDING ADDRESS: Po- ~ +7{! ~ fZ 3{6tg ( HOME PHONE# S-8_) - 2 =?--8 J WORK PHONE# ~ ')84- 6 7 / 7' HOME PHONE# ~b L- -b7 ~ WORK PHONE# TIUS IS TO FlJRTIIER AUTHORIZE ~ /4 -- CHANGES NECESSARY TO THE CLOSING STATEMENT. TO APPROVE.ANY STE.WARl'~ANY OF CLEARWATER, BY:~~ INC. lo BE FILLED IN PERSONAL~Y BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY LEO D. LEGAULT and DAVID L. LEGAULT Seller or Owner-Borrower LaI' 12, BLK 1, MOASE & HARRISON SUB OF LOT 7 OF R.H. PADGE'ITS SUB Contractor (if new construction) CITY OF CI.EARWATER Purchaser penonally 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, fenc::es, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY Approximate Amount e_o /-It- ~ ~ 0':/, 2. No loaps of any kind on said property except the following: (If none, so state.) NAME AND ADD~:"::SS OF CREDITOR Approximate Amount ~ Cri ~f\NlL- JPJ- Y19/.' 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 Approximate Amount //D;Jt ~'-&!~-.cJ;:: 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 Cif 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 impr. ':ments or repairs to said property are now completed and have been accepted by purchaser and/or owner-bo : )wer. 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 AlTORNErS 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 lame or lending money thereon and 'QuId not purchase same or lend money thereon unless said representations were made. ~ / LEO D. LEGAULT for: CITY OF CLEARWATER JULY , 19-2L... I ,., ~ PINELLAS County, MY~Commission Expires: //-") r- 9' 9' FLORIDA Rev, 118B NOTE: This (orm i! 10 ~ ,ilntd by ~lIrl in use o( ,.k If no ~DI(', II illn 110(' signed hy Ihe owner-hnrrower, I( Ihert i. any n~w consuuninn, Ihe contraclor mUll abo join in chi. form or .,," " ,et,ar.lt O"~ ~ BE FILLED IN PERSONALL'-' BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY wr 12, BLK 1, HOSE &SfD5m'f~~eS~rO~rOT 7 OF R.H. PALGETIS SUB Contractor (if new construction) CITY OF CLEARWATER Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY Approximate Amount 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR Approximate Amount 3. All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state,) NAME AND ADDRESS.OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount 4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MATERIALS AbrJ~ - ,d-, Approximate Amount 5, I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state,) SUPPLIER OR LABOR, SERVICES OR MATERIALS 17 f\b~G - .Q2- 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 ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE- OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. SWORN TO 7D SUBSCRIBED BE~ORE ~E THIS &~~~~ Notary P-ttblic in an for PINEILAS County, :31 day of JULY ,19~. -' NOTARY PUBLIC. STATE Of FLORlDA. MY COMMISSION EXPIRES: MAiL 2, 1993. My ct\mIWtUnr~ ~~P1}e~:BLIC IJNC&;RWRITEr,S, FLORIDA Rev. 1/88 NOTE: This (onn is 10 be .i,ned by seller in case of ..Ieo. U no sale, it illO be lianed by the owner.bonower. If there is any new conllruetion, thr contractor must also join in this form or lian . H'p8ra1t one. I I ....."ndtfl 0/ f:",lfIIU'! RONALD (RON) E, SOMERS President 1290 Court Street Clearwater, Florida 34616 s~rE"V A J.lrl~ ~~rrLE Of CLEARWATER p,o, Box 2756 Clearwater, Florida 34617 (8131441-2689 D I S C LOS U R E We, the Owners of that certain real property located at LOT 12, BLK 1, MJASE & HARRISON SUB OF LOT 7 OF R.H. PAIX;EITS 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 desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. ~# ;/,~/2~ ltness , -w~d~~ 1 ness ~ox-zr+ LEO D. LEGAULT STATE OF COUNTY OF FLORIDA PINELLAS SWORN TO AND SUBSCRIBED BEFORE ME THIS 31 DAY OF JULY , 19 91 . My Commission Expires: /1-- 7 '-71 ~~~ntl~ Notary Public . , ~ , ~'. '. ~-'\ ; r 'I ~ ~ ....~ .'(;) :~ '. 'J' {'. I I NON-FOHE.LGN CE;H'l'n~.LCl\'l'.LON BY INIJIVIDUl\L TH1\NSfo'ElmH 1. Section 1445 of tile Internal Hevenue Code provides that a trclnsferee (IE a United States real property interest must witbholdLax if tbe trans[~ror is iJ foreign person. 2. In order to in[OJ:m Lho Lrans[et-ee Lhat withholding of tax is not required upon the dis[X)sj,U.on by LEO D. LEGAULT and DAVID L. LEGAULT of the United States real property described as follows: 'WI' 12, BLK 1, MOASE & HARRISON'S SUB OF 1DT 7 OF R.H. PADGE'IT'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) for purposes of United States income taxa tion an(1, (b) (\1y United States taypaper identifying lIumber(s) (Social Security Number) is/are: Nl\ME SOCIl\L SF,CUIU'l'Y NUi'1DER LEO D. LEGAULT DAVID L. LEGAULT # 5'7 g~?-1f-3;? 2- f # 203--04-G~3'9 ft tI (c) My home mklress is (attached addi.tional page if necessary) (d) There at;"e no othel: persons who have an ownership interest in the alJove-descr:l.bed pJ:operty oth8r limn those persons set forth nbove ill subparagraph (b). 3. ~1.11e undersigned hereby further certifies and declares: (a) I (We) understand that the purchaser of the above described proper-ty intends to rely on the foregoing representations in connection with the United States Foreign Investment in Heal Proper-ty Tax l\ct. (94 Statute 2G82 as amended). (b) I (WO) ull<..lersli:llld this certification IlUY be disclosed to the Internal Hevenue Service by transferee and that any false statement contained in this certification may be 111l1l.i.slled by f.i.l1e, J.lllpr.i.solllllOllt or LxJLII. Under penalties of perjury I (we) declare I (we) have examined carefUlly this certi- fication and it is true, correct and complete. 1991 at PINEILAS Witnes ('Il1is document must be retained until the end of the fifth t taxable year in which the transfer takes place). CONSUJJl' YOUR l\'lTORNEY l\ND/OR 'I'!\X l\DVlSOn - NO REPHESE.'N'l'/\'rION OR RECOMMENDl\TION IS Ml\DE BY STEWART 'J.'I'l'LE 1NSUHl\NCE t(l-1PANY l\ND/OH CONCERNING TilE LEGl\TJ SUF'l~.r.CIENCY l\NIJ/OR 'J'AX CONSQUENCES m;' '11118 rxx::U(\1ENl'. YOU Ml\Y DE REQUIRED '1'0 FILE A COpy OF' TIlTS DOCUMI W,' WJ'l1I 'l'lm IN'I'EHNAL IUWE:NUE SI~HVICE. 'J1IE:SE ARE QUE:S'l'lONS FOIl. YOUH l\'l'l'OHNI!:Y on 'l'l\X ADVlSOIL FLORIDA PlNEILAS County, FLORIDA ,', year following the: S'I'ATE OF COUN'l'Y OF I IIEREBY C~~H'l'n'Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally <lppeared LEO D. LEGAULT and DAVID L. LEGAULT tome Imown to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal-in the County and State last aforesaid this 31 of JULY .,,19"91 . ~~ NOtARY PUIlLIC ~ ~ r MY CClll'lISSION EXPIRES: / / - ) --7' 9' day , "