BARBARA SOREY AND MICHAEL FORTSON
~'
,
'-
'~...?1
~ ..,
,-
I
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
August 27, 1991
STE;;:~;';;iTLE ~:'~~:,
OF CLEARWATER ~~.~" ~ ~
, ~ ~ <~~~
S~ "''''....
",.-{
c.,\
P,O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
* CITY OF CLEARWATER
* PO BOX 4748
* CLEARWATER,FL 34619
*
,-E.l e as e i nc 1\1 il e Oil r fila..N!}~._.an .all r () r n's p.onden:c.l.~'':____m9JQ7Q12L
RE: SOREY/CITY OF CLEARWATER
LOT 17, REVISED MAP OF R.H. PADGETT'S SUB
Dear' SIRS:
Enclosed please find the following documents in connection with the above
mentioned property:
( ) Title Binder
( ) Mortgage Title Insurance Policy
( ) Original Mortgage
(XX) Owners Title Insurance Policy
(XX) Original Warranty Deed
( ) Checks(s) If $
If $
If $
( ) Endorsement
( ) Other
The opportunity to be of service to you is always appreciated. If we can be
of any further assis~4ce to you., Plea.s... e~.: d~~"J ot hesitate to contact our office.
Very truly yours, ~ 4~7farvl
STEWART TITLE COMPANY OF CLEARWATER, INC.
Christine M. Larkin
Name:
.
Return to: (enclose self-addressed stamped envelope)
INST t 91-221210
I AUG 15, 1991 4:29PM
PINE't
1-.-.. :_--LAS COUNTY FI A
1- F ./~.,- (" rjk' _ _1'1.
---,--- . -. .,. '\"f\ 76"-"3 ,- ("
- ..J~"-:J.o 9~~0
"n. -b. 91070120
~~ ~... .
Add'.... r'.,!L L I 1\ I L.- . .n; !\"o1..'",:-;~~,. "'/-' "\O':rt1''''~ t""-
. ,V:::J ~~ ~;n~:'~;,,~,:~ '1;:~;'~:ei'-',~L;L'~':;'iI:~:\'En
f1)': __~~L_~~~t-:...~E~
,~2'~~) C{~;'j,,!,~ ;':~t\'"f:';~
This Instrument Prepared by:
C:~~}.;.~(;:':1,L::~ 'j! <.s .1.,h)~:
'Vhh:h lrl:i~n:'Li.~,~n~ ~-vr~~ ~~;'t~AH/:,~~ f~":!:io:'::,~;'-'.:'.~}
to wr~tk~,~ of i1 T!di:' ~t~sl.:runt~: F,,:';i-\'~/.
Property Appraisers Parcel Identification (Folio) Number(s):
Addless:
Cit~::(~'~"21.ir. :~'{: ."L"~,.~, i'~
,;?{Y. ;_~,.'~~. __~.~.-.~,,:,
3 &,,. 00
f~
i _; ~ ,,; J" ~.;
Grantee[s) S.S. #[5):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
1))lD',) ,
...-'
11,'
~
ee;~~,
{(OW
JW"&;'
f~
,,"
SPACE ABOVE THIS LINE FOR RECORDING DATA
aJ4is Rarrantv IIttb Made the 15th day of August, A.D. 19 91 by
BARBARA J. SOREY, a married woman, joined by her husband, MICHAEL K. FORTSON
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Florida 34617-4748
hereinafter called the grantee:
(Wherever used herein the terms 'grantor' and 'grantee' include all the parties to this instrument and the
heirs, legal representatives and a&sigu of individuals, and the successors and assigns of corporations)
BUntllllttlJ: 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 17, REVISED MAP OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 4, Pages 32 through 41, inclusive, Public Records of
Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot Seventeen (17) of a re-subdivision of Lot Five (5) of R.H. PADGETT'S SUBDIVISION
according to the plat thereof, as recorded in Plat Book 4, Page 32 of the Public
Records of Pinellas County, Florida.
Parcel no. 15/29/15/65214/005/0170 r2 ~/') C-c7~q
Grantors social sec. lIo?~0- 'tV' 9 3t~ (BARBARA) b<. b -0 /"V 167~MICHAEL)
mngttlJtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
mn )faUt anh tn )fnrh. the same in fee simple forever.
Anh the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to~ August 15, 1991, and~d<
In .itntllll .lJtttnf. the said grantor has signed and sep,led these presents t day and year first above
written. **easements and rest ctions 9f7reco d.
Signed, sealed and delivered in the presence of' ( " .4 ' ,
srd::t7j~ f--~~ ~~_ ,0-, I'M
Sr ~ f' 1I.t:JL- c"-~, B, ; f. ,4.!, H ~r; A- I?
Prin~~~
Sipture
PdNJ1-L- D f3rJ' t' /'1"C'" r'.s
Pri~ Signature
liD
P. led ~~dRI\ SOREY
= ~ure 7-
~II O~/J/I}&EbJX;~ liVE (!~I/(,H3y~/5
Post Of ce Add....... . /
~ft-~-
Signature
. /I1~;f ~~
Signature
~tB~
liD
::~~R,,;n'Y,"".J(_.
, -~
Signature
&/vINL D E $' t:.IM Pr""',j
Printe Signature
oMICHAEL-K. -FQR'fSE'1N-
P~i rgnatCJ12 fl-lVj.... 4CIflOOI:J flUe (!/u.. ~/flfY6/5'
Post Office Address '
KARLEE:N F. DEBLAKER,c~
STATE OF FLORIDA BECORIt VEI:;::r F I ED BY: ~..
COUNTY OF PINELLAS ..... ..i< ,..,..)~;!?~-i;~: u,_u______,__
I HEREBY CERTIFY that on thisdar,b ' ":~;iinof~icer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared."f' . ..! "'J,oj,:.SOREY, a married woman, joined by her husband
MICHAEL K. FOR+,Sm~",. ."1'<"i.;~::)" ,,",,;" .', to me known to be the person S described in and
who executed the foregqin~ ir.rstr4.itien~ andi;,. ,;,<. acknowledged before me that THEY executed the same.
WITNESS mY~~~~~d.ot~~~j~~>i;~~!,~btmty and State last afor~esa' is 5th day of August, ,A.D. 19 91
;'r..:.f:?:/" ':~ ';. 'i i>~.~\~'
" ,
>\".' ..,',-,
SEAL';;> ,~..;::;
~:,-,' ~~..' .
/::~~'; ,
".-"
_~ i"
CONTRACT FO!", SALt.. ANU "'UH~t1A~~
PARTIES: R ;J r b ;J r a J. . S 0 r e v _I ' ("Seller"),
0: I 1 6 I Go u 1 d S tree t C 1 elr w ate r F lor i d a 346 I 6 (Phone 441- 1004 ),
and City of Clearwater. Flor ida ,("~"),
01 POBox 4748. Clearwater. Flor ida 34618 (Phone 462-6638 ),
nereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personally") (colleclively "Property") upon the following
terms and conditions which INCLUDE the Standards for Real Estate Transactions prinled on the reverse or attached ("Standard(sl"l and'any addendum to Ihis instrument.
I. DESCRIPTION: (a) Legal description of Real Property localed in Pine 11 as
Lot 17 of original Lot 5. R.H. Padgett's Subdivision
Counly, Florida:
,(b) Slreet address, city, zip, of the Property is:
. (c) Personalty:
1161 Gould Street. Clearwater. Florida
II. PURCHASE PFUCE,:,... :...,:.......,..... ..:........ :..."...........:. ...;........................,',....:........,....-.... ........ ........ .;'.....:.,....$
PAYMENT:
(a) [)eposit(s) 10 be held in escrow by in the amount of $
(b) Subject to AND assumption of mortgage in good slanding in favor of
60.000.'00
N/A
N/A
N/A
N/A
60.000.00
having an approxima'te present principal balance of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein, in amount of .."...,.. $
(d) Other: $
(e) Balance to close (U.S, cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations....................... $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not execuled by and delivered to all parties OR FACT OF EXECUTION communicated in wriling bel ween the parties
on or before J u 1 y 22 I 199 I , the deposit(s) will, at Buyer's option, be returned 10 Buyer and the offer withdrawn,
The date oi this Contract ("Effective Date") will be the date when the last one of Ihe Buyer and the Seller has signed Ihis offer.
IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer
obtaining a written commitmenl for the Joan within N I A days from Effective Date, at an initial interest rate not to exceed %; term of years;
and in the principal amount of $ . Buyer will make application within days from Effective Date, and use reasonable diligence to obtain the loan com-
mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses, If Buyer fails to obtain the loan commitment and,
promptly notifies Seller in writing, or after diligent effort fails 10 meet the terms and condilions of the commitment or to waive. Buyer's rights under this subparagraph within the time
stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph Il(b) above has (CHECK (1) OR (2)): (1) 0 a variable inlerest rate OR (2) 0 a fixed interest rate of % per annum,
At time of title transfer some fixed interest rales are subjecl to increase. If increased, the rate shall not exceed % per annum. Seller shall, within
days from Effective Dale, furnish a statement from all mortgagees stating principal balances, method of payment, inlerest rale and status of mortgages, If Buyer has agreed 10 assume
a mortgage which requires approval of Buyer by the mortgagee for assumplion, then Buyer shall promptly oblain all required applications and will diligently complete and return them
to the mortgagee, Any mortgagee charge(s) not to exceed $ shall be paid by (if nol filled in, equally divided), If the Buyer is not acceoted
by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount. Seller or
Buyer may rescind this Contract by prompt written nolice 10 the other parly unless eilher elects to pay lhe increase in interest rate or excess mortgagee charges, '
V. TITLE EVIDENCE: At least.--1.il.- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1)
or (2)): (1) 0 abstract of tille OR (2)00Iille insurance commitment.
VI. CLOSING DATE: This transaction shall be closed and Ihe deed and other closing papers delivered on 08 / ~6 /91 , unless extended by other provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tille subject to: zoning, reslrictions, prohibitions and other requiremenls imposed by governmental authority; restrictions
and matters appearing on Ihe plat or otherwise common 10 the subdivision; public utility easemenls of record (easements are to be located contiguous to Real Properly lines and
not more than. 10 feet in width as to the. rear or front lines and 7'12 feel in/widlh as to the side lines, unless olherwise specified herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages, if any; olher: N _ A
provided. that there exisls at closing no violation 01 the foregoing and none of them prevents use of Real Property for commerc i a 1 purpose(s),
VIII. OCCUPANCY: Seller warrants thaI there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be slaled herein, and the lenant(s) or occupants disclosed pursuant to Slandard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. " occupancy is to be delivered before closing. Buyer assumes all risk of loss 10 Property from date of occupancy, shall be responsible and liable for maintenance from
that dale, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing,
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
X. INSULATION RIDER:" Contract is utilized for the sale of a new residence, lhe Insulation Rider or equivalent may be attached:
XI. . COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Properly affected by the CCCL, Chapter 161, F.S" (1985), as amended,
shalt apply and the CCCL Rider or equivalent may be allached to this Contract. ,
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require Seller to provide additional cash at closing to meel withholding requirements, and the FIRPTA Rider or equivalent may be allached to this Contract.
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) [X may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is allached OR (2) OA is not applicable,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT,
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the telOlls and conditions in this Conltact should be accepted by th anies in a particular ttansaction
and conditions should be negotiated based upon the respective interests, ob;ecti and bargaining posi "s 0 all interested persons,
OPYRIGHT 198 Y THE FLORIDA BAR AND THE FLORI ,ASSOCI OF R '/) R. ,INC,
, '
----------
Terms
7 Ii tI../ tf I
,
Oat
?fof/ D'"
Rita G~~ J;-S~lQner
~ -",,- .~-
M.A. GalijraJt-}'";:" t" ;.-"Ci"\y Attorney
O8posit(s) under Par~(1"'aph;l1 eived, I€-<)THER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By: .
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: '
Seller agrees to pay the Broker named below, incluchng cooperating sub.agenls named, according to the terms of an existing. separate lisling agreement:
OR
o
') jl1/f /
I '
1/' ~/f I
,
)/~/f(
Date
Date
Date
(Seller)
Date
Social Security or Tax 1.0, #
(Escrow Agen
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named below, at lime 01 clOSing, from Ihe disbursements of lhe proceeds of the sale, compensation in the amount of (COMPLETE ONLY ON
_ % of gross purchase price OR $ . for Broker's services in effecting Ihe sale by finding the Buyer ready, willing and able to purchase pursuant to Ihe foregoln
Contracl. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but nol exceeding Ihe Broker's fee above provided, shall be paid Broker, as full consideration for Broker
services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform. Seller sh,
pay the full fee 10 Broker on demand, In any litigation ariSing oul of the Contract cOPlcerning lhe Broker's lee, the prevailing party shall recover reasonable attorney lees and cost
(fir'" nnme 01 Brok(>11
(name 01 cooperatIng slIb-apenli
(Seller'!
8y
l()ulhOIll(~d ~jl~lI\0.lor\, ~
I Seller ,
4I["1F~<' (:flOJ m n[1T!\INFI' ~n(l~' TpC. n rHllnr" r,o:;<;0rIf'TIOtJ ('lI' r~F MTORS (>0: THF rt.OR![)/', flM~
STANDARDS FOR REAL ESTATE TRANSACTIONS
.'.\. EVIC'ENCE OF TITLE: .1\" . tt)Slr;h~t ~'I ~lfI,1 ;:ro-J.p..l'{~d 'lI . t), ~IIIWt ':"..~,-.!l! Uy ,I rlll~ul:il)h,:, 1/1" ',~:(I~.itlllC: .IIJ'-ifr.JGI firm III not ,!Xt<;tll'Y tt,en .;erllfu"w .lS r:(,,-rT~cl [)',I .1n '~xisting fir~
''''r;:.:rilil,) ~,.: ~Jt.l ,jrl ,:ccld:.llp SYll00SIS ,11 lI"t~ llhrnllrl,;!1I:i ,tffl'l~fI"'.1 "tit) t,') ;':-";11 PnrD~rt\1 IPCiJldpl1 ~'I :11" :;ul)llf~ ",":",:'~,rcls ,~t ~"t~ I:OUllt'l wl1erelrl R8L11 Pronerry is ;')f:~Hcd, fhrolign Effec:i',,;.
~.jtp.. ln"l '.'Jt~tCI,' .,1);,11 ,':\)rlH!'H~nC(~ 'Nttl~ !!~flo '-~.l~tl~sl l)l.It)"/~ ,pcu:TI$ '-;', 'iuch :.111-'" d,ltl~ .}~,:. 111:1'" t)(> '1'-;~Grn:H'1 III :'l'~ '~QUllfy IJpc)f) clnslllq GI this Ir~H1s.1c.tr()1l tht=l .'1bSrrJ.CI Slidll becC)(r.:..
::'0121 :)'dt}i:(ty 01 Buyt-~r. 'julw~ct to tl'e nqt,l ,)t .del1tloll n)l!rt~O' Oy ~IISt fT)nrtq.lque ulllll fUlly p.iIfJ \:..!J A tltlt-~ ",sw;lnce I;Omll1ltmp.l1t. issued by J F!orida licensed title insurer ag(eein~
iO Issue to Buyer, upon recordin') 01 lI,e deed to Buyer, ::m own"r's policy f)f title insu,:mce ,n Ihl-) nmounl of thl-) purchase pnce, ,nsuring Buyer's tille to Real Property, subject on";
I') liens, encumbrances, e~ceptions or Qualification set forth in Ihis Contract and those which sl1all be disCharged by Seller at or before closing, Seller shall convey a marketati~
lit I" subject only to liens, encumbrances, p.xceptions or qualifications s"t forth in Contrnct, Mnrketabl" tille shal.I be det'Jrmined "ccording to applicable Tille Standards adopted b.,
~L:thonty 01 The Florida Bar and in accordance with law, Buyer shall have 30 dnys, il abstract. or 5 days, if t,lIe commItment. Irom date of receiving evidence of title to exami~
il If lille is found defective, Buyer shall, will,in 3 days, notIfy Seller 111 wnting specifying defecl(sl, II Ih8 delect(si render tille unmarketablli, Seller will have 120 days from receip
01 notice wlthll1 which to remOve the defect(st, lailiN which Buyer shall have the opt,on of "ilher accoplu,g 1I,e tllllJ as it Ihen is or demanding a refund of deposit(sl paid whicr,
sl,all immediately be retllrned to Buyer: Ihereupon Buyer and Seller st,nll release onl') ;,1I10lher of all furlher oblig3tlons under 1I,1) Contract. Seller w"I, if I,tle is lound unmarketable,
use diliyent ellort to correct defecl(s) in tille within the lime provided Iherefor. including Ihe brlng'ng of necessary suits,
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purch3s8 money mortqage and mortgage note 10 Seller shall proVide lor a 30 day grace period I~
lI,e event of delault if 0' firsl..mprtgage and a 15 day grace period il a second or lesser morlgage: Sh311 provide lor right of prepaymenl in whole or in pari 'IIlthout penall,/: sh:;,1
nol permit acceleratiO"_ Of' II1t,"esl adj~tmenl .in event 01 resale 01 Real Property; shall require all prior lien 3nd encumbrances to be kept in good standing and forbid modifications
,)1 or luture adva"cel! llnd\.1r [ltiQr. ~n_orrg$';Jel-sl: and Ihe mortgage, note and security agreement shall be 011,erwis2 in form and omtent required by Seller; but Seller may only requi,:;
.,;!,1uses custol1larlly, .f'~un.c1 i,1 mortgJ'~ morf';)Ll']e notes, and security agreements generally ulilized by saVII,g Jnd loan ",slitulions. or slate or national banks located in Ihe count'
.vhere", Real Properl1.iS located, All PerS",!,31lv and leases being conveyed or assigned will, at Seller's oplion, be subjecI to the lien of a security agreement evidenced by record~';
financing stat~fl1"'r,IS~JI a ballo.onnlor.!1-1~()' th\l1in31 paymenl will exceed Ihe periodic paymet,ts thereon,
C, SURVEY: &Jy~r: al Buye(!3e:<Pe..~, ,,'Jill,;,, lime allowed to deliver e'Jidence 01 lille and to e"amine same, may have Real Property surveyed and cerlified by a registered Florid,
;urveyor. lI;urv"e'oi ,1'0'115 encroachment" on Re~1 Properly or that'mprovel11ents located on Real Properly encroach on selback lin8s, 8asemenls, lands 01 ethers, or violate any restriclion;,
'~ontracl coyet]~2s::or aPLlIj~0~1: Q?'i6rnmental regulation, the S::1I11e shall constitute a tille delect.
0, TERMITES:,~Vt'r, at Buydr.c; ~,xQens", '.'!ifi,in tif""~ 3110wed 10 deliver evidence of lille and 10 examine same. may 11ave RJal Properly in,specled by a Florid:] Certified Pest Contrs,
')perator to'-deler<..,f1]e il 1I,ere '1":a1'1<j visible.:a",iite termile infeslalion or visible existinQ- dama/;)e from lermite infeslation in Ihe improvemenls, If either or both are lound. Buyer wlil
l1;we 4 days tro,''- date of wrlllen nolice lI~Qr:,!ol: w,lhin whicl, 10 Inve all damages; wllelher visible or not. inspected and estimaled by a licensed builder or general contractor, Selle,
';11311 pay valia _ C0StS: 01, trealment and retlair of all damage UP to n, ;f p!irchasE?-, price: Should such costs exceed tI,al amount, Buyer shall have the option 01 cancelling Contract
'.'Iilh,n 5 days at.let r"ceipt '01. contr.actor'~. reila" estimate by giving wrjtlen'.nott'ce-to Seller or Buyer may elect to proceed with Ihe transaclion. in which event Buyer shall receive
., credit at closing Or ~.'1 amount, equal 10 the lolal of the Ireatment and repair eslimate not in excess 01 2% of Ihe purchase price, "Termites" SI,311 be deemed to include all wond
destroying organisms'l'€.quiredAo be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Sel'er warrants and represenls tl'al there is ingress and egress 10 the Real Property sullicient for tI,e inlended use as described in Paragraph VII herecf.
tille to wh,cl, 's in accordance will, Standard A
F, LEASES: Seller shall. nol less than 15 days be/ore closing, furnish 10 Buyer copies of all written leases and eSloppel lellers from each tenant specilying the nalure and duraticn
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unabl.:! to obtain such letter from each tenant, Ihe same information shall be
furnished by Saller 10 Buyer within that time period in Ihe form of a Seller's affidavit, and Buyer may therealler contact tenants to confirm such information, Seller shall, at closi~o,
deliver and assign all original leases to Buyer, .
G. LIENS: Seller shall furnish to 9UY8r at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements. claims of li~n cr
DOlential lienors known to Seller and furtl,er attesting that there have been no improvements or repairs to Property for 90 days immediately preceding dale 01 closing, If Propert;
113S been improved, or repaired within that time, Seller shall deliver releases or waivers 01 mechanics' liens execuled by all general contractors, subcontractors, suppliers. and malerialmen
in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming thai all charges lor improvement;
or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Properly is located, at the office 01 the attorney or other closing agent designated by Seller,
t. TIME: Time is of the essence of this Contract. Time periods herein 01 less Ihan 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays,
and any time period provided for herein which shall end on Saturday, Sunday or legal hofiday shall extend to 5:00 p,m, of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignmenls of leases, tenant and mortgagee estoppel letters, and correclive instruments,
Buyer shall furnish closing statement, mortgage, mortgage note. security agreement, and financing statements.
K. EXPENSE~: Documentary stamps on Ihe deed and recording corrective inslruments shall be paid by Seller, Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer,
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest. insurance and other e~penses and revenue of Property shall be prorated through day before closing, Buyer shall have
the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer ana
escrow deposits hefd by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount.
homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between Ihe parties, failing which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions, Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of lax bill
on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending
liens as of date 01 closing shall be assumed by Buyer, If the improvement has been substantially completed as 01 Effective Date, such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls
do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are
in WORKING CONDITION, Buyer may, at Buyer's 'expense, have inspections made of those items by an appropriately Florida licensed person dealing in the construction, repair or
maintenance of those items and shall report in writing to Seller such items Ihat do not meet the above standards as to delects together with the cost of correcting them. prior to
Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's
warranties as to defects not reported. If repairs or replacement are required, Seller shalf pay up to 3% 01 the purchase price for sllch repairs or replacements by an approprialely
Florida licensed person selected by Seifer, " the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elecl to pay such excess. failing which
either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable
notice, provide utilities service lor inspections, Between Effective Date and the closing, Seifer shalf maintain Property including but not limited to the lawn and shrubbery, in the condition
herein warranted, ordinary wear and tear excepted. Buyer shalf be permitted access for inspection of Property prior to c1o~ing in order to confirm compliance with this Standard,
O. RISK OF LOSS: If the Property is damaged by fire or other casually before closing and cost of restoration does not exceed 3% 01 Ihe assessed valuation of the Property so
damaged, cost of restoration shalf be an obligation of the Seller and closing shall proceed pursuant to the termS of Contract with restoration costs escrowed at closing. If the cost
of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the oplion of either taking Property as is, logelher with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s),
r. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. " abstract, evidence of tille shall be continued at Buyer's expense to show
:llle in Buyer, wilhout any encumbrances or change which would render Seller's Iitle unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and aller closing date. If Seller's title is rendered unmarketable.
through no fault 01 Buyer, Buyer shall, within,lhe 5 day period, notify Seller in writing 01 the defect and Seller shall have 30 days from date of receipt of such notificalion 10 cure
the defect. " Seller fails to timely cure the defect, all deposil(s) shall, upon written demand by Buyer and within 5 days aller demand, be returned to Buyer and simultaneously with
such repayment, Suyer shall return Personalty and vacate Real Properly and reconvey il 10 Seller by special warranty deed, If Buyer faifs to make timely demand for relund, Buyer
o;hall take title as is, waiving all rights against Seller as to any intervening delect except as may beavailabfe to Buyer by virtue of warranties contained in the deed. " a portion
'If the purchase price is to be derived from institutional financing or relinancing, requirements of the lending institution as to place, time 01 day and procedures lor closing, and for
disbursement 01 mortgage proceeds shall control over contrary provision in this Contract. Seller shall have Ihe right to require from the lending institution a written commitment that
It will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived iltille agent insures adverse matters pursuant to Section 627,7841, F.S. (1987), as amended,
a, ESCROW: Any escrow agent ("AQent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subjecl
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of lunds shalf not excuse Buyer's performance. If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow untif the parties mutually agree 10 ils disbursement,
or until a judgment of a court 01 compelent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the
,jispute, Upon notifying all parties concerned of such action, all liahility on the pari of Agent shall lully terminate, except to tI,e extent of accounling lor any items previously delivered
'out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapler 475, F,S, (1987). as amended, Any suit between Buyer and Seller where Agent is made
d party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subiect matter of thE; escrow, Agent shall recover reasonable attorney's fees and costs
if1curred with the fees and costs to be charged and assessed as court costs in lavor of the prevailing party, Parties agree that Agent shall not be liable to any party or person
Inr misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contracl or gross negligence of Agent. '
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled 10 recover reasonable attorney's fees and costs,
S. FAILURE OF PERFORMANCE: " Buyer fails to perform lhis Contract within the time specified (including payment of all deposit(s)), the deposil(s) paid by Buyer may be retained
Dy or for the account of Seller as agreed upon liquidated damages, consideration for the execution 01 this Contract and in full settlement of any claims; whereupon, Buyer and Seller
,'1<,11 be relieved 01 all obligations under Contract; or Seller, at Seller's oplion, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure
)f Seller to make Seller's tille marketable aller diligent efforl. Seller fails, neglects or refuses to perform Ihis' Contract, the Buyer may seek specific performance or elect to receive
ille return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neilher this Contract nor any notice of it shall be recorded in any public records. This Conlract shall bind and
;nure to the benelil of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all, Notice given by or
'0 the attorney for any party shall be as effective as il given by or to that party,
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's. personal representalive's or guardian's deed, as appropriate to Ihe status of Seller, subject
;'f11y to matters contained in Paragraph VII and those otherwise accepted by Buyer, Personalty shall, at request 01 Buyer, be transferred by an absolule bill of sale with warranty
of litle, subject only to such mailers as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRANTIES: Seller warrants that Ihere are no lacts known to Seller materially affecting the value of the Real Property which are not readily obser'/able by Swer or which
I,ave not been disclOsed to Buyer, I I
MIS 11099;
~~. U.S. DEPARTMENT OF HOUSING AND URBr DEVELOPMENT ~------~
oF . B. TYPE OF LOAN
1. 0 FHA 2, 0 MHA 3. 0 CON V, UNINS,
4, OVA 5, 0 CONV, INS,
6. FILE 17. LOAN
NUMBER 91070120 NUMBER
8 MORTG. INS. CASE NO,
C. NOTE: This form is furnished to 9ive you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown, Items marked
("p,o,c,") were paid outsi e the closing: they are shown here for information purposes and are not included in the totals,
D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA
PO BOX 4748
ADDRESS: CLEARWATER, F1.. 34617-4748
E. NAME OF SEllER: BARBARA J. SOREY
1161 GOULD STREET
ADDRESS: CLEARWATER, F1.. 34616 SELLER TIN:
F. NAME OF LENDER:
CASH TRANSACTION
ADDRESS:
G. PROPERTY LOCATION: LOT 17, REVISED MAP OF R.H. PADGETT'S SUBDIVISION
a/k/a 1161 GOUID STREET, CLEARWATER, F1.. 34616
H. SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT STREET
CLEARWATER F1.. 34616
PLACE OF SETTlEMENT: STEWART TITLE COOPANY OF CLEARWATER, INC. I. SETTLEMENT DATE:
ADDRESS: 1290 COURT STREET AUGUST 15, 1991
CLEARWATER F1.. 34616 227th 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 60 000.00 401 Contract sales price 60,000.00
102, Personal properly ~02, Personal properly
103, Settlement charges 10 borrow (line 1400) 6.00 403
104, 404,
;
105 405,
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106, Cilyltown taxes to 406, City Ilown taxes to
107, County laxes 10 407. CounlV la'<s 10
108, Assessmenls 10 408, Assessmenls 10
109 to 409 10
110 to 410 to
111. ~11
112, 412,
120 GROSS AMOUNT DUE FROM BORROWER: 60,006.00 420 GROSS AMOUNT DUE TO SElLER:: 60,00.00
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SElLER:
201, Deposil or earnest money -0- 501. Excess deposil (see instructionsl
202, Principal amount of new loan(s) 502 Settlemenl charges 10 seller (fine 140m S '7t:.A QA
203, Existing loan(s) taken subject 10 503. Existing loan(sltaken subJecl to
204, 504, Pavoll 011i~1. mortgage loan nR\T. R c;nn nn
205, 505, Pavoll oH~_mongage loan FORTUNE SAVINGS 9 319.35
206, 506, W.S. BADCOCK CORPORATION 503.57
207. 507,
208, 508,
209, 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, Cityltown taxes 10 510, C1Ivltown taxes 10
211. County taxes to 51" County taxes 1/1/91 to 8/15/91 64.20
212, Assessments 10 512, Assessments to
213, 10 513, \0
214, 514,
215, 515,
216, 516,
217, 517,
218, 518,
OM8 No 2502.0265
iVl/S'LDI' '. I I PAGE 2 OF OMS No, 2502,0265
" . PAID FROM PAID FROM
L. SETTLEMENT CHARGES BORROWER'S SEllER'S
FUNDS FUNDS
700, TOTAL SALES/BROKER'S COMMISSION Based on price S @ %= AT SETTLEMENT AT SETTLEMENT
Oivision of commission (line 700) as follows: --
,-~ -----_.._----~ ------
701$ 10
----~~-._-- ----~----------------'---------._--_._----~--------- ..-..... , --
702, $ 10
703, Commission paid at selllement NONE
704,
800, ITEMS PAYABLE IN CONNECTION WITH lOAN.
801. Loan Origination fee %
-- I------
802, Loan Oiscount %
----
803, Appraisal Fee to
804, Credit Report .. 10
805, Lender's inspeclion fee
806, Mortgage Insurance application fee 10
807. Assumption Fee
8OB,
809,
810,
811
900 ITEMS REQUIRED BY lENDER TO BE PAlO IN ADVANCE.
901. Inleresl from to @$ /day
902, Mortgage insurance premium for mo, to
903, Hazard insurance premium for yrs, to
904, yrs, to
905,
1000, RESERVES DEPOSITED WITH lENDER
1001. Hazard insurance mO,@$ per mo, " :..'.... " ."
1002 Mortgage insurance mO,@$ .> .. ';.
per mo,
1003. City properly laxes mo,@$ per mo " ...' ...,i::;" 1'(: ..
1004, County property laxes mo,@$ per mo ..
1005. Annual assessments (Maint,) mO,@$ per mo, ., ,,' ,
1006, mo@$ , ...,.';:.\ : '"
per mo ',-
1007. mo,@$ per.mo, ,,,,. " " I..~,':;
1008, mO,@$ per mo I,'; ."., :; ;'1'. ,,'.': ';'.,
k:' ...'::!' ':) ,:' ',(,
1100, TITlE CHARGES:
1101. Settlement or closing fee 10
1102, Abstract or title search 10 STC 100.00
1103, Title examination to
1104 Title insurance binder to
1105, Document preparation to
1 tOO, Nolary fees to
1107. Attorney's lees to to DEBORAH A. BUSHNELL. ESQ. 4 833.84
(includes above items No,: ~ I,'" ,"<' ,. ,t~;C
1108, Title insurance (1101) 10 STEWART TITLE COMPANY OF CLEARWATER INC. 460.00
(includes above items No. 1/"',,_,
1109, Lender's coverage S ':.::'" ' ~
1110, Owner's coverage S 60,000.00
1111,
1112,
1113.
1200,GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 6.00 Mortgage S Releases $ 6.00 (BADCOCK CORP) 6.00 6.00
1202, City/county tax/stamps: Deed S Mortgage S
1203. Stale tax/stamps: Deed $ 360.00 Mortgage S 360 00
1204,
1205,
1300,ADDITIONAl SETTLEMENT CHARGES
1301. Survey 10 EVANS LAND SURVEYING I PrY' I
~
~,
AtTA OWNIi:R'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
'.'o'
I
!-
/.1
POLICY OF TITLE INSURANCE ISSUED BY
91070120
STEWART TITLE
SUBJECT TO THE EXCLUSIONS FROM CIQ". "RAGE, THE E
SCHEDULE B AND THE CONDITIONS AND .,. PULATIONS, ST
'r'"
corporation, herein called the Company, insuresi~' of Date of Polic
li'
exceeding the Amount of Insurance stated in SCh, Ie A, sustained 0 ,curred by the insured by reason of:
," ': , '
1. Title to the estate or interest described in S~ule A being vested;'ther than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and frq~ th
The Company will also pay the costs,~.
to the extent provided in the Conditions
TIONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
hown in Schedule A, against loss or damage, not
t
t
t
f
t
\
+
\
+
GU ARANTY COMPANY
~~ h(~
defense of the title, as insured, but only
IN WITNESS WHEREOF, Stewart
du Iy authorized officers as of the Date of'
this policy to be signed and sealed by its
Chairman of the Board
Co"""~ d~
AU~
Company
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (inclnotlimitecl:to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or .of ) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ::~j ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vio tll'" inances or governmental regulations, except to the extent that a
notice of ~he enforce.ment thereof or a notice. of a defect, lien 0~'>7D~~mb~~nE~J/~~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. -
15800
~."...",~~--...,.,..~~-
211 (Rev, 4,6,90)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The followin~ terms when used in this policy mean:
(a) "insured': the insured named in Schedule A, and, subject to any rights
or defenses the Companr would have had against the named insured, those who
succeed to the interest 0 the named insured by operation of law as distinguished
from purchase including, but not .limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of
matters affeding the land.
(d) "land": the land described or referred to in Schedule A, and imerove,
ments affixed thereto which by law constitute real property. The term \ land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy,.
(e) I mortgage ': mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of Pol-
icy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filed in the records oHhe clerk oHhe United States
distritnoVrrfonhe districnnwnic1flne1oriCl is IOCatea. -- - - u_'____H
(g) "un marketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a yurchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(0) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless the Company shall be
prejudiced by the, failure and then only to the ext~nt of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
--'-(EI} Upon-writtenrequest~ytRe-inslJfed E1nd~t-tothe options contained
in Section 6 of these Condi~ons and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable causel to represent the insured as to those stated causes of
action and shall not be liab e for and will not pay the fees of any other counsel.
The Company will not pay anr fees, costs or expenses incurred by the insured in
the defense of those causes 0 action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost, to institute and prose-
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy, If the Company shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdic-
tion and expressly reserves the right, in its sole discretion, to appeal from any
~dverse iu~gl1!ent or order. I
(d) In all cases where this policy permits or requires the Company to/rose-
cute or provide for the defense of any action or proceeding, the insure shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit.
nesses, prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as insured.
If the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall ter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Condi.
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage. If the Companr is
prejudiced by the failure of the insured claimant to provide the required proo of
loss. .or. d. a. mage. ' the C. ompany,'s obligations to the insured under the policy shall
c,tl!.rm iJl a te,. i,ncl udiog. QO~ liabiJ LtY_Qr obJi.g.ationJo...de.f.~flrosecute,.. or.-wnt1Rue- -"
any litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath, pro-
duce other reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated ~o p~r .... ,
'., Upon4e,_cise-by-the Comp<lfl'tOf ~tioniolJ.~S-----
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b ) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com.
pony up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs Ib)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the c aimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litiQation.
7. DETERMINATION, EXTENT OF LIABILITY,
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has,suffered loss or
damage by reason o~atters insured against by this policy and only 10 the
extent herein describel
(continued and concluded on last page of this policy)
~
~
......,
-,
~
-
AL T A OWNER'S POLICY
'rnls
I
I
T.
15800
Order No.: 91070120
Date of POlicy: 5
August 1 ,
1. Name of Insured:
CITY OF
SCHEDULE A
""
1991
Policy N8':':Z111- 15800
Amount of Insurance: $60,000.00
CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
Lot 17, REVISED MAP OF R.B. PADGETT'S SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 4, Pages 32 through
41, inclusive, of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
Lot Seventeen (17) of a re-subdiv~s~on of Lot Five (5) of R.H.
PADGETT'S SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 4, Page 32 of the Publ~c Records of
PINELLAS County, Florida.
REG, 0 0012
Page 2
STEWAR"r TI"l~I~F~
GUARANTY COMPANY
AL.TA OWNER'S POLICY
Order No. 91070120'
'., .
I
S C H E DU L E B
I
Policy No.:
2111
0~15800
This pOlicy does not insure against loss or damage by reason of the following:
delete 1. R~~~
delete 2.
delete 3. '
~~
becS:tscmseck:1olJ
a~~~
x.
delete 4. &IDt .
imp~
delete 5. COI'l'KRKR:K:)[:~
:xltJ:!e~.
delete 6. AR)C~~~~Xlm~~~~)q~~~~X:~~~tooopc
g~xnkk2:~~XIDdOOd:scx:xmrprRix~KmR~X>l(~m
~~X:~~l\lmt~)Q:ID\aIDCNwc~~~KIQOO!
1.~~~~~)Q:t:~tttp:~
7. Taxes for the year 19 92 and thereafter.
~xkDbocxmtxmooriat~xkKxJistled,
.~
~~X~O~'POfx,m9c~~K~~X
2113
Page 3
STEWART TITLE
GUARANTY COMPANY
.. .-
-
- ~~
,;
, .
lONDITIONS 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 If a payment on account of a claim does not fully cover the loss of the
least of: insured claimant, the Company shall be subrogated to these rights and remedies
(i) the Amount of Insurance stated in Schedule A, or, in the proportion which the Company's payment bears to the whole amount of
(ii) the difference between the value of the insured estate or interest the loss.
as insured and the value of the insured estate or interest subject to the defect, If loss should result from any act of the insured claimant, as stated above,
lien or encumbrance insured against by this policy. that act shall not void this policy, but the Company, in that event, shall be
(Q,) (This paraQraph removed in Florida policies.) required to/ay only that part of any losses insured against by this policy which
(c) The Company will pay only those costs, attorneys' fees and expenses shall excee the amount, if any, lost to the Company by reason of the impair-
incurred in accor~ance with Section 4 of the Conditions and Stipulations. ment by the insured claimant of the Company's right of subrogation.
8. APPORTIONMENT, (b) The Company's Rights Against Non-insured Obligors,
If the land described in Schedule A consists of two or more parcels which are The Company's right of subrogation against non-insured obligors shall exist
not used as a single site, and a loss is established affecting one or more of the and shall include, without limitation, the rights of the insured to indemnities, gua-
p,arcels but not all, the loss shall be computed and settled on a pro rata basis as ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
If the amount of insurance under this policy was divided pro rata as to the value tions contained in those instruments which provide for subrogation rights by rea-
on Date of Policy of each separate parcel to the whole, exclusive of any son of this policy.
improvements made subsequent to Date of Policy, unless a liability or value has 14. ARBITRATION
otherwise been agreed upon as to each parcel by the Company and the insured Unless prohibited by applicable law, arbitration pursuant to the Title Insur;
at the time of the issuance of this policy and shown by an express statement or by ance Arbitration Rules of the American Arbitration Association may be demanded
an endorsement attached to this policy. if aQreed to by both the Company and the insured. Arbitrable matters may
9. LIMITATION OF LIABILITY, include, but are not limited to, any controversy or claim between the Company
(a) If the Company establishes the title, or removes the alleged defect, lien and the insured arisinQ out of or relatinQ to this policy, any service of the
or encumbrance, or cures the lack of a right of access to or from the land, or _ _ _
cures the claim of unmarketability of title, all as insured, in a reasonably diligent Company in connection with its issuance or the breach of a policy provision or
manner by any method, including litigation and the completion of any appeals other obliQation. Arbitration pursuant to this policy and under the Rules in effect
therefrom, it shall have fully performed its obligations with respect to that matter on the date the demand for arbitration is made or, at the option of the insured,
and shall not be liable for any loss or damage caused thereby. the Rules in effect at Date of Policy shall be bindinQ upon the parties. The award
(b) In the event of any litigation, including litigation by the Company or with may include attorneys' fees only if the laws of the state in which the land is
the Company's consent, the Company shall have no liability for loss or damage located permit a court to award attorneys' fees to a prevailinQ party. JudQment
until there has been a final determination by a court of competent jurisdiction, upon the award rendered by the Arbitrator/s} may be entered in any court
and disposition of all appeals therefrom, adverse to the title as insured. having iurisdiction thereof.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the The law of the situs of the land shall apply to an arbitration under the Title
prior written consent of the Company. Insurance Arbitration Rules.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF A copy of the Rules may be obtained from the Company upon request.
LIABILITY, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
AII/ayments under this policy, except payments made for costs, attorneys' (a) This policy together with all endorsements, if any, attached hereto by
fees an expenses, shall reduce the amount of the insurance pro tanto. the Company is the entire policy and contract between the insured and the Com-
11. LIABILITY NONCUMULATIVE. pony. In interpreting any provision of this policy, this policy shall be construed as
It is expressly understood that the amount of insurance under this policy a whole.
shall be reduced by any amount the Company may pay under any policy insuring (b) Any claim of loss or damage, whether or not based on negligence, and
a mortgage to which exception is taken in Schedule B or to which the insured which arises out of the status of the title to the estate or interest covered hereby or
has agreed, assumed, or taken subject, or which is hereafter executed by an by any action asserting such claim, shall be restricted to this policy.
insured and which is a charge or lien on the estate or interest described or (c) No amendment of or endorsement to this policy can be made except by
referred to in Schedule A, and the amount so paid shall be deemed a payment a writing endorsed hereon or attached hereto signed by either the President, a
under this policy to the insured owner. Vice President, the Secretary, an Assistant Secretary, or validating officer or
12. PAYMENT OF LOSS. authorized signatory of the Company.
(a) No payment shall be made without producing this policy for endorse- 16. SEVERABILITY.
ment of the payment unless the policy has been lost or destroyed, in which case In the event any provision of the policy is held invalid or unenforceable under
proof of lass or destruction shall be furnished to the satisfaction of the Company. applicable law, the ,olicy shall be deemed not to include that provision and all
(b) When liability and the extent of loss or damage has been definitely other provisions shal remain in full force and effect.
fixed in accordCince with these Conditions and Stipulations, the loss or damage 17. NOTICES, WHERE SENT.
shall be payable within 30 days thereafter. All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.
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 transler 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.
STEWART TITLE
GUARANTY COMPANY
"
- -- --- - ~ - - --- -
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAM E
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
_ -- -- --+:,- --
- ~ -- - ~ ~ - - --
SanClilY of ('onlnlC1
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
--- -- -- --- -- -- - ---
\~
--+- -- --- --- -- .....~
"'-
POLICY
OF
TITLE
INSURANCE
-- -- -- --- --- -- -- --- -
~- _-.::l
American Land Title Association Commitment, 1966
I r---'-'--
.. ---_.-.._.~-_._--------_._._-
...._____.__.________._n_.______ _______. ___ ..,~.__._.____
"'''''1 c.'.oc-..=c'oc.==..=....- """.cc.._-" '.-oc"..'c"...="cc...=c_=....======.oc===.,.....-=== =.====.===.......==oc.....c_
COMMITMENT FOR TITLE INSURAN~E
ISSUED BY 91070120
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A TexasCprporation, 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 descripe.9or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor;aH subjecttP~heprovisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective()nJy.YYP~~:~p~iJ~ElhtitY ofi.the proposed Insured and the
amount of the policy or policie~c~rn.rn.j'~~~.for.h~X~9~r~Jnserted in Schedule A hereof by the
Company, either at the time ofthei$$LJanceofthi~Q()IJlI1"'lI~l1"'lent or by subsequent endorsement.
This Commitment is preliminary to the issuance of slIchpOlicyor policies of title insurance and all
liability and obligations hereunder shall cease and terminatesix months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company. but this Commitment shall not be valid or binding until it
bears an authorized Countersignature,
IN WITNESS WHEREOF, Stewart Title Guaranty Cprrlpany has caused its corporate name and
seal to be hereunto affixed by its duly authoriz.edofficers on the date shown in Schedule A.
STEWART TITLE
tl~iitl/"L~U;;~
.t1...,........... Ii~. \.'t......n. ................Il...\f..... ~.. .~..................... .....
A,;...,-. ....- .,..
..~ 1(~~~"PO/f4;.\ .. .
.....:" .",,*-~...~.
... ..,.~ ..19. ...0 8. ... :...l
';:. CfJ'\'::' ':"" ..::. ...~.,::,:,/
'. .. .-..;:...~..,... il' '. A~
". . ~"..,.':.': * l\~.I..."...
:................'........'.F.......E..X....",............../11....1'1..1....
:". _/(/11#
e/~$~
GUARANTY COMPANY
President
Company
City. State
Serial No. C. 9912.7 6 2 4 9 9
005N Rev. 3/78
I
I
.61,>
mls
SCHEDULE A.
Commitment No.
C-9912 762499
Your No.:
91070120
Prepared For: CITY OF CLEARWATER, FLORIDA
Effective Date of Commitment:
.-.Jqly 30, 1991 ell 5:00 .P.M.
~ /7j /??7'/~
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(al [JXAL TA Owner's Policy
$
60,000.00
Proposed Insured: CITY OF CLEARWATER, FLORIDA
(bl 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:
BARBARA J~ SOREY
4 The land referred to in this Commitment is located in the County of PI NELLAS
State of FLORIDA and described as follows:
Lot 17, REVISED MAP OF R.H. PADGETT'S SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 4, Pages 32 through
41, inclusive, of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS:
Lot Seventeen (17) of a re-subdivision of Lot Five (5) of R.H.
PADGETT'S SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 4, Page 32 of the Public Records of
PINELLAS County, Florida.
2552
Page 2 of 4
STEWART TITLE
GUARANTY COMPANY
I
SCHEDULE B
1 ORDER NO:
9107011&
Commitment Number:
C-9912-76249S
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
reco~. a. Valid photo identification (ie: Driver's License, Passport) and
social security numbers required of all parties to the
transaction by the Insuror.
b. Marriage Certificate
J. SOREY and MICHAEL K.
vided to the Insuror for BARBARA
c. Satisfaction of that cert' ertified Judgment from W.S.
II. Schedule B of the policy or policies to be issued will contain exceptions to the Y091~';i~~Mitarsou?le~sE)fiJ:sa~~~~ disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or othe
attaching subsequent to the effective date hereof but
estate or interest or mortgage thereon covered b
, if a d, first appearing in the public records or
irate the proposed Insured acquires for value of record the
ommitment.
2.
ed by the United States Government or water rights. if any.
3.
Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/65214/005/0170
Gross Tax for the year 1990, $125.13.
2153
Page 3
of 4
STEWAH,T TITLE
GUARANTY COMPANY
)
I
4
CONTINUATION SHEET
SCHEDULE~
B
Order Number:
Commitment Number:
91070120
C-9912-762499
SCHEDULE B - PART I CONTINUED
BADCOCK CORPORATION, a Florida
JOHNNIE LEE SOREY, Defendant, f
7363, Page 511 of the Public
Florida.
a , Plaintiff vs.
ugust 27, 1990 in O.R. Book
o Pinellas County,
NNIE LEE SOREY in
e. Warranty Deed to
woman, joined by her
CLEARWATER, FLORIDA.
m BARBARA J. SOREY, a married
L K. FORTSON to CITY OF
Page_ 4 of 4
STEWART TITLE
0055
GUARANTY COMPANY
_...->. ~',""j' ..-''''-
". '
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 Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations,
3, Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment, In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed I nsured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4, Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment,
STE"W'ART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P,O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment,
'.
COMMITMENT
FOR
TITLE INSURANCE
-
Sanctity of Contract
'..-
Issued by
STEWART TITLE
GUARANTY COMPANY
\(
"
PREPARED FOR: ell'{ of CI.E-ARWATE. F\
CriY TITt.-E- COf'/)PA/'..JY Of GLEARWA/E..R) ,rJc.,
5TEvv'A~T ,TTLE. 6>UAR~NT E.E. CoMFA""'Y
, SEC,'&} 1WP.~5. RGE. ~.
+
0_
~
GoULO
5TJ<,.E:E.T -
,
-0
l'<\
1-
1
'L7.f,
I
?ul
o J
"I ~
o w
1~
~
I
1?1.0"" MEA$.:...2't. 50,35 MEAS,
.)15%~' (~50'O PlAT
& ~<:>
~o ~,
Q FO,we:. ~>
~ ~ 0,0&'$0. ..
~.,. fO,/(D'E.
,..-..
~
<;"
<s-~
...:i
~ ".
4oZ.61 MfVo.S.
;1/
400.0 flAT ~
70'
~
,r:fl
.V!
~
_IJ
It J
:> 7.
~ W
~~
~
~ \9'"
-
(J'\ \1
~
I
.., l() -
,
~J
l ~t-n
> 0 w
0 o Z l-
I[ ~
0 ~'\
\S\
-
.
~
f{)
(j'\
<J:' I ..
~- > -'-,
,e..
"
~
o
~
~
?o.o PlAT
/1 J \ f}o, ZC) ME,A~,
O~So, tl1\ (Ur..z.)
Z.~""E,
o
t'<\
II
\...
~,..,o N-LE..
0.10' $oU11i
~
....-l
., ./
W...
~~
L (,
,....1
)0
LEGeN D
.sl~ :'se.T I~ON Rop ~
f<:A\ ~ fou,up lo1JU\E-rE.... MO,JOME..NI
CALC. =-CAL(...ULATE-D .DATA
MEA~.:.Me.A~U'jf:P .DATA.
,,41 fP",...:;:?J-""EY' ~".r.'
t,ol. 1'7, HEV ISt~f) MM~ Or' H. H; I?IWGE'l"r' S SUODIVISION, 8c!('ol'rHWJ to
lhe Plat thml'.eof, ~\S t'ecot'detl in Plat Boolt 4, Pages 32 through
ill, iIlClusivl:l, of the Public Records of PINELLIIS Coullty,
Flol'.'i(];3.
1I1,Sl.l L>r~DC'ln liED lI.')l
LuL S(~v(,lIJLeen (1'/) of a re-sulJdivision of [,ot Five (5) of H,II.
P1\IJGl~'J"l"S SUBDIVISION, acc1or'ding to tlla PIF.\t thereof, as
l:ecor:ded in (>lat Book 4, Page 32 of the Public HeGords of
PII-II':I.[,/),'3 f'oulIl.y, Florida,
7..DtJE... c." pE-l<. GfT'{ Of- Gl...EA~WAT€.Pj PA~E..L OOIS B (It.-a I-53)
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE,
DATE: 8-05-91 EVANS LAND SURVEYING
OWN, BY: If
INV, NO. :, 1- 419
, .e5a:? MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 734 - 3821
Bov,JDA~Y SURvE.Y ONLY
~.~
~~L EVANS
Fla. Reg. No. 2937
Relurn to: (enclose self,addressed stamped envelope)
I
91070120
WARRANTY DEED
INDIVID. TO INDIVID.
I
Name:
Add,.."
Tld~ In~(:'llmer.t \IV.:S pl'epu'~d by:
~;TEWAk{T rrrl.E DF CLk:AilWATr=n
By: __I1IKEL!:..L. ST. GERMAI
1290 COli,! r".red
C1~..{wl!lt:r, ~'L :H616
P.O. lIox 27:5\:,
C1~i1j";I~tC!, Ft ]-1617
Which Imlwmellt w/:r. Jlrq;'H'~c1 incident:.l
to writing of a Tille lnsunln~c f-olicy.
Property Appraisers Parcel Identification (Folio) Number(s):
This Instrument Prepared by:
Addle,,:
Granteelsl S.S. #[sl:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
m~ill lIIarrantu lJeeb Made the 15th day of August, A.D. 19 91 by
BARBARA J. SOREY, a married woman, joined by her husband, MICHAEL K. FORTSON
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Florida 34617-4748
hereinafter called the grantee:
(Wherever used herein the tenne 'grantor' and 'grantee' include all the parties to this ilUltrument and the
heirs, legal representative. and assign. oC individual., and the .uccessol'l and assigns of corporation.)
Witntssdlt: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby ackncywledged, 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 17, REVISED MAP OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 4, Pages 32 through 41, inclusive, Public Records of
Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot Seventeen (17) of a re-subdivision of Lot Five (5) of R.H. PADGETT'S SUBDIVISION
according to the plat thereof, as recorded in Plat Book 4, Page 32 of the Public
Records of Pinellas County, Florida.
Parcel no. 15/29/15/65214/005/0170 r~ /7~ J ~~~q
Grantors social sec. lIoft(tj- 'iV' <j 3!L (BARBARA) 0< vi-v /"V /67~MICHAEL)
mngttlttr. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining,
mn )faUt anb tn )fnlb. the same in fee simple forever.
1\.nb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to~ August 15, 1991, and-a
In Witntss Wlttrtnf. the said grantor has signed and se l~d these presents t day and year first above
written. **easements and rest ..' ctions o.f]reco, d.
Signed, sealed and deliveTed in the presence of: r~~ '
I!.D
'~~ ;;:I:::':" 11
Sigrlkture
biN J.1-.'-D l3,.s ,~~r....~
Prin Signature
~~BARA SOREY
Printed 19na ure .
p;)ln(. ~~ AN (; E!lm1J /Iv C ({WII,,;:j 3Y6/5
Aty"--'Q. &~
Signature
. /11~1uJ If ~~
Signature
I!.D
.:5~ ~R"SH';"J(
Pnn S.
~
Sigrlature
&..vA-L D E ,$ ('.;JM ,or,!;
Prinl.e ignature
MICHAEL K. FORTSON
~irgnatol2fl-lVj~UJOOC 'f1ue (!/w~lflfVtl.5'
Poot Office Address
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 BARBARA J. SOREY, a married woman, joined by her husband
MICHAEL K. FORTSON to me known to be the person S described in and
who executed the foregoing instrument and THEYacknowledged before me that THEY executed the same.
WITNESS my hand and official seal in the County and State last aforesa' is 5th day of /JAugust, ,A.D. 19 91
~~.<:.
N'~""
.' "t3/V /.2 L DE., --S..... /} /1 ,..--> rs
Plinte Notary Signature ..
My Commi..ioll Expires: / / '- ) -., ;; Cj'
SEAL
l
,
INFORMATION FOR REAL ESTATE 1099-S REPORT FILING
Section 6045 of the Internal Revenue Codei as amended by the Tax
Reform Act of 1986, requires the 'reporting of certain information on
every real estate transaction. From the information you provide
below, a Form 1099-S will be produced, a copy of it will be furnished
to the I.R.S. and to you no later than January 31 of the next year,
and a copy may be sent to other third parties. If you fail to furnish
adequate information (in particular, a taxpay~r ID number), then you
will be subject to all I. R.:S., :Regul~tiqpff,' inclHdipg,tnel?Qssi,ble
withholding of twenty percent.(,20~).o~tl)e :~#rrent,s~le~ ,price. ," .
;. " "'-;7;-, :
, '
File Number:
.
91070120
Taxpayer ID Number:Seller 1 /~'?Lj9t./J3g};seller2
Taxpayer 10 Type:
2
'.(1 :'=bus,1.:nes~, 2 =/iridiYidllal)"
SELLER 1 NAME:
Last:
SOREY
,Fi'rst & Middle:
BARBARA J.
SELLER 2 NAME:
Last:
First & Middle:
MAILltG ADDRESS (as of January 31 of next year)
SELLER 1: //} 1/ ..... ~ /J
Street:. /d// () IlAtU&--e )l)tJ UP It [/ E .
If IfA(2WlJitL st1"te': ;-L
City:
"..-'-
,ZipYcode:.d3 y~/ 5
SELLER 2:
Street:
City:
state:
'z ip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
AUGUST 15, 1991
Contract Sales Price: Seller 1 -
60,000.00
Seller 2 -
(If multiple sellers please allocate the sales pr1ce among the sellers)
Description of Property:
Street Address: 1161 GOULD S'IREET CLEARWATER, FL 34616
Legal Description: LOT 17, REVISED MAP OF R.H. PADGE'IT'S SUB
Under penalties of perjury, I,
BARBARA J. SOREY
(Name of Seller (s))
certify that the number shown on this form is my correct Taxpayer
Identification Number and that the other information i ,,/correct to
best of my understanding and I understand that it wi._ ~p ona
1099-S that will be sent to me and to the Interna e ice
Date:/ ~-/S--ql Seller - 1
Seller - 2
Date:
CLOSING AGENT INFORMATION (to be completed by closing agent)
STEWART TITLE COMPANY OF CLEARWATER, INC.
Name:
Mailing Address:
1290 COURT S'IREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer IO Number:
59-1433918
-,
I
NON-l;'OHEIGN CEH'rIFIC1\TION BY INDIVIDUl\L 'lru\NSFEROR
1.
Section 1445 of the Internal Revenue Code provides that a trclnsferee ,;,E a United
States real property interest must withhold tax if the transf~ror is {j foreign person.
2.
In on]et:' to in[ot1ll the transferee that withholding of tax 1s not required upon the
(l.isposi Lion by BARBARA, J. SOREY
of the United States real property described as follows:
r..ar 17, REVISED MAP OF R.H. PADGElT"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 ancl,
(b) My United States taypaper identifying number(s) (Social Security NLUuber) is/are:
Nl\ME SOCI1\L SF.cURITY NUMDER
BARBARA, J. SOREY
u/ d~tJ- 9l(~1)t3
u
~t
It
(c) ~1y 110me Clcldrcss is
(attached additional page if necessary)
(d) There are no otllel: persons who have an ownership interest in the aoove-descd.1.:ed
property other than those persons set forth nbove in subparagraph (b).
3. 'Jlle undersigned hereby further certifies nnd declares:
(a) I (We) understand that the purchaser of the above described property intends
to rely on the foregoing representations in connection with the Unit.ed States
l"oreign Investment in Heal Property 'lax l\ct. (94 Statute 2GB2 as alllendecl),
(1..>) I (we) unc.lerstlllld this certification IIBY be disclosed to the Internal Hevenue
Service by transferee and that any false statement contained in this certification
lIIiJY be 11\1I11sIl0<1 by fine, :i.lllpdsol1mcmt or lx:>Lh.
Under penalties of perjury I (we) declare I (we) have examined carefully this certi-
fication and it is tnJe, correct and complete.
Date
AUGUST 15, 1991
at
PINEILAS
FLORIDA
s~~
Witnes,
(This document must be retained until the end of the fifth taxable year following the>
taxable year in which the transfer takes place).
CONSUTJl' YOUR 1\Tl'ORNEY l\ND/OH 'l'l\X 1\DVlSOR - NO nEPHES~Wl'l\rl'ION on RECOMMENDl\TION IS Ml\DE DY
ST~Wl\HT 'ITI'LE INSUH1\NCJ~ CQ\1PJ\NY J\ND/OH CONCERNING TilE
LEGl\L SUFFICIENCY 1\ND/OR 'J'l\X CONSQUENCES m' 'nIlS DOCUl\11!:N'1'. YOU Ml\Y DE REQUIRED TO FILE
1\ COpy OF' TIlTS I:XX:lJMIo:N'l' WJ'l1l TJ/I~ INTEHNl\L HIEV~:NUI~ SlmVICE. 'nmSE l\RE QUESTIONS run YOun
l\'rroltNr~ on Tl\X NNISOH.
S'l'l\TE OF
COUN'lY OF
FLORIDA
PINELLAS
I IIEREBY Cmrl'lF'Y that on this day, before me, an officer dUly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally nppeared
BARBARA J. SOREY
to me knmvn to be the persons described in and who executed the foregoing instrument
and they acknowledged before me that they executed the same.
WI'I'NESS my hand and official seal in the County and State last aforesaid this 15. day
of AUGUST , 19 91 ,..--~ ~ /
C5<J ~
NOt RY PUBLIC
MY C()[I1JI1ISSION EXpnmS: ., /1.'/.- 7 '7'('
-,
I
.l)onrtil.r of ('oltt""~l
RONALD (RON) E, SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STEWAR~' ~'I~'LE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441,2689
D I S C LOS U R E
We, the Owners of that certain real property located at
LOr 17, REVISED MAP OF R.H. PADGElT'S SUB
Pinellas County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property.
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially effect the value or
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.
/
STATE OF
FIDRIDA
COUNTY OF
PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
15
DAY OF
AUGUST
, 19 91 .
/;rec~~
Notary Public
My Commission Expires:,/ /"
/(- 7 ~q ~
~I
t
S'II,,'I;/)' of t:orlllnrt
RONALD (RON) E. SOMERS
President
S'l'EWAll.T "rI'l'LE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441,2689
1290 Court Street
Clearwater, Florida 34616
AUTHORIZATION AND ACKNOWLEDGEMENT FORM
Reference:
FILE NO.
LEGAL LOr 17, REVISED MAP OF R. H. PADGEIT I S SUB
91070120
SEILER BARBARA J. SOREY
BUYER CITY OF CLEARWATER, FLORIDA
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SE'ITLEMENT srATEMENT - HUD FORM 1) and authorized disbursement
of funds as shown therein this 15 day of AUGUST , 19~~ 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 information available. If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. 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 amonnt on which to base a proration. Any proration necessary
when tax bills become available will be handled between the parties to this
transaction, outside of Stewart Title Company Canpany of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
'!HAT AIL Ul'ILITY BllLS (WATER, SEWER, ~C, MAIrll'mANCE ~) HAVE BEEN PAID
OR WIIL BE PAID UPON ROCEIPl' OF FINAL BllLS.
~
~.~
/' ~ CIDJ{
~
INITIAL
/d// tWr:vry/fJtJaJdw .
Ha1E PHONE#/ ! /3- C;V 1- /t/t7Y
WQRK PHO~# ./ 1/3 r c39;;?-~~Y %.387
BUYER'S FORWARDING ADDRESS:
JO.60+ -II';!"
./ (!~ tZ 3fbl1
(
Ha1E PHONE#
WORK PHONE# /
";'1.. -(.1'0
THIS IS TO FURTHER AUTHORIZE
CHANGES NECESSARY TO THE CLOSING STATEMENT.
TO APPROVE: ANY
STEWAR'r TI~L,E~~ 9F'-yr- I
~< -'---;J" ,/ (
BY;//-- '-, '.t:1J 1t0... q
(, ," ,
- /
/
v'
}o BE FILLED IN PERSONAL~
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
BARBARA J. SOREY and MICHAEL K. FORTSON
Seller or Owner-Borrower
LOr l7, REVISED MAP OF R.H. PADGEIT'S 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,
fen<::~s, 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
App~ximate Amount
tl'58o
y ~~~.~
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 SUPPLIE F LABOR, SERVICES OR MA TERIALS Approximate Amount
4, I, the purchaser, represent that I have no kno
above, except: (If none, so state,)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS
Approximate Amount
5, I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower,
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED
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 INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
(_/'
d / or lender in this transaction are relying on the representation contained herein in purchasing
on and would not purchase same or lend money thereon unless said representations were made.
D BEFORE ME THIS
15
day of
AUGUST
, 19--2L-.
County,
/" ;J,/ ,- '?-- c~ /
My Commission Expires: " ' / /
FLORIDA
Rev, 1/88
NOTE: This (orm is 10 be signed by seller in case of sale. If no sale. it is to be sllned by the owner~borrowcr. If there lS .r.y new construction, the contractor must also join in lhis form
or siRn a separale one