BARTOW REMBERT
Name:
Return to: (en<Jose self-addressed stamped envelope)
9101026
I WARRANTY DEED
INDIVln_ Tn 1"'1"\.\11.... I ,
INST t 91-~5825
JLY 31, 1991 5:52PM
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This Instrument Prepared by: 0"",(1',',:'1:"', .l"1., :';,1U \j
Add,...:
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PINELLAS COUNTY FLA.
OFF.REC.BK 7639 PG 533
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Which in~tn.Hnl;ht \'f:'...:;' p~-r;'.r::r.f::'J ::i~di:~ntal
to writi~l1 of," -"Hie insurallce Poi icy.
Property Appraisers Parcel Identification (Folio) Number(s):
Grantee(sl 5.5. #(51:
SPACE ABOVE THIS LINE FOR PROCESSING DATA
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SPACE ABOVE THIS LINE FOR RECORDING DATA
mitis marrantv ieeb Made the .::2 L( 7i day of July, A.D. 19 91 by
BARTOW REMBERT, unremarried widow and surviving spouse of QUENTIN. REMBERT, deceased
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 parUos to this instrument and the
heir., legal repre.entative. and ....ign. of individual., and the .ucce..or. and as.ign. of corporation.)
_itntlllldlr: 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 11, Block 1, W.F. HUGHEY'S SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 1, Page 70 of the Public Records of Pinellas County, Florida
ALSO DESCRIBED AS:
Lot Eleven (11), Block One (1), of W.F. HUGHEY SUBDIVISION, according to the plat ther of
as recorded in Plat Book 1, Page 70 of the Public Records of Pinellas County, Florida.
Parcel no. 15/29/15/41688/001/0110
Grantors social security 0'-/7-:20-67/6 (BARTOW)
Sub~ct to easements and restrictions of record.
Wugdlrtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
IDn ){aUt aub tn Jlnlb. the same in fee simple forever.
.Aub 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 t~ .July 31, 1991.
1Ju _itUtllll -lrtttnf. the said grantor has signed and sealed these presents the day and year first above
written. ,0.
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Signature
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Printed Signature
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Signature
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Poot omce Address
Printed Signature
KARLEEN F. DEBLAKERv CLERK
IiECDRD VEFnFIED BY: " <::..
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 BARTOW REMBERT, unremarried widow and surviving spouse of
QUENTIN REMBERT, deceased to me known to be the person described in and
who executed the foregoing instrument and she acknowledged before me th eJf~uted t same.
WITNE SS my hand and offi9ial seal in the County and State last afore . t' ;;.? 9' l",.{.day of
, A.D. 19 91
SEAL
No SIgna ure
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My Commission Expires:
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CONTRACT FOR SALE AND PURCHASE
Bartow Rembert. a single woman I ("Seller"),
1160 Brownell Stree , Clearwater, Florida 34616 (Phone
),
and City of Clearwater. Florida ('"Buyer"),
of P.O. Box 4748. Clearwater. Florida 34618 (Phone ),
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following
terms and condltrons, which INCLUDE the Standards for Real Estate Transactions ('"Standard(s)") printed on the reverse or attached and any Riders and Addenda to this instrument.
I. DESCRIPTION:
PARTIES:
of
(a) Legal description of Real Properly located in
Lot 11, Block 1.
pine 11a s County, Florida:
W. F. Hughey's Subdivision
(b) Street address, city, zip, of the Property is: 1160 Brownell Street, Clearwater. Florida 34616
(c) Personalty: None SELLER SHALL HAVE THE RIGHT TO OCCUpy THE PROPERTY RENT
FREE FOR 60 DAYS AFTER CLOSING. THE PROPERTY IS BEING CONVEYED IN "AS IS"
CONDITION SUBJECT TO ANY AND ALL LATENT DEFECTS.
II. PURCHASE PRiCE".."",.."""",..,..,..",..,...." ,.. ..,'..,...."..,.."..""""..,..,..,..",..,..",.."""", ..,..""..,..""..,..'"""", $ 6 0 , 0 0 0 . 0 0
PAYMENT:
(a) Deposit(s) to be held in escrow by in the amount of , ' $
(b) Additional escrow deposit within days after Effective Date in the amount of.."",.."""",..,..""".."""" ,..,..,.."" $
(c) Subject to AND assumption of mortgage in good standing in fallOr of
having an approximate present principal balance of , , $
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of " """""'" ""',",',"" " $
(e) Other: $
(f) Balance to close (US, cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations"""""".""" ""'" $ 6 0 , 0 0 0 . 0 0
III. TIME FOR ACCEPTANCE; EFFECT~VE DATE: FACSIMlLEr;f/~i,#ffer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before Apr 11 5., 1991 !. '(ria U'posit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn, A facsimile copy of this
Contract for Sale a, nd Purchase ("Contract") and any Sign, atures hereonJie considered for all purposes as originals, The date of Contract ("Effective Date") will be the date when
the last one of the Buyer and Seller has signed this offer~ \
IV. FINANCING: Not Applicable ... ....
(a) If the purchase price or anY.Eart of it is to financed by a th rd-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1)
or (2) or (3)): (1) 0 a fixed, (2) U an adjustable or (3) 0 a fixed or adjustable rate loan within_ days after Effective Date at an initial interest rate not to exceed_ %,
term of years and for the principal amount of $ , Buyer will make application within days after Effective Date and use reasonable
diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan, Buyer shall pay all loan expenses, If Buyer
fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the
terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s),
(b) The existing mortgage described in Paragraph Il(c) above has (CHECK (1) or (2)): (1) 0 a variable interest rate or (2) 0 a fixed interest rate of % per annum,
At time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed % per annum, Seller shall, within days after
Effective Date, furnish statements from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages, If Buyer has agreed to assume a
mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return
them to the mortgagee, Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided), If Buyer is not
accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount,
Seller or Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges,
V. TITLE EVIDENCE: At least days before closing date, Seller shall, at Seller's expense, deliver to Buyer orfJ.UY1.~'s a rne~' ccordance with Standard A,
(CHECK (1) or (2)): (1) 0 abstract of title or (2) title insurance commitment and, after closing, owner's policy of title insuran7e, '7./'9', '1
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 5 .' c: " 9 t -1:1 ! If 1 q f. un ss e,ctended fother provisions of Contract.
VII. RESTRICTIONS: EASEMt:NTS; LIMITATIONS: Buyer shall take title subiect to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7'12 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages, if any; other:
; provided,
that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for qenera 1 commerc ia 1 purpose(s),
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein, If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Properly in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing,
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHAIVA RIDER
(f) 0 OTHER:
XI. ASSIGNABILITY: (CHECK (1) .or (2)): Buyer (1) ~ may assign or (2) 0 may not assign this Contract
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached or (2) ~ there is no Addendum,
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer 0 acknowledges or 0 doos not acknowledge receipt of the agency/rad.on/cOmpensation and estimated closing costs disclosures..,
(Seller)
(; _'d.~ / Date Social Securlty.or Tax I.D. #
TH ~UBJECT TO CLEARANCE,
BROKER'S FEE: (CHECK AND COMPLET ONE APPUCABLE) By:
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT;
Seller agrees to pay the Broker named below, InclUding cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
o ,IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
_ % of gross purchase price or $ for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing
Contract. If Buyer fails to perform and deposil(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker as full consideration for Broker's
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 shall
pay the full fee to Broker on demand, In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney's fees and costs,
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.
Appraval does not coostitute an opinioo that any .of the terms and cooditians in this Contract should be accepted by the parties in a particular ttansaction. Terms
and (;;[)ridil" ns shauld be negotiated based upon the respective interests, ob;ectives and bargaining positions .of all interested persons, ) if
PYRIGHT 1991 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATIO F REALTORS 2S
FLORIDA IJ~
_'/, ~ -10-'1 Date 5~ '4/Date
Cit~Manager /
, "- L ~_:..c~ _~ -'4 -, I
oueJ,eau,' C1ty Clerk
I
. / _'d .'1/ Date
Orler~ -
Date
(Escrow Agent)
(firm name of listing Broker)
By:
(authorized signatory)
(firm name of selling Broker) (Seller)
By:
(authorized signatory) (Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
FAR/BAR 00~A'90a Rev, 1/91
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm)
purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records of the county wherein Real Property is located through
Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county, Upon closing of this transaction, the abstract shall
become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid, (2) A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to the Real Property,
subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing, Seller shall convey
marketable title subject only to liens, encumbrances, exceptions or qualifications specified in the Contract Marketable title shall be determined according to applicable Tille Standards
adopted by autllority of The Florida Bar and in accordance with law, Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of tille
to examine it If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s), If the defect(s) render title unmarketable, Seller will have 120 days from
receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid
which shall immediately be returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is found unmarketable,
use diligent effort to corre~t .defect(s) in the tjtle within the time provided therefor, including the bringing of necessary suits,
B. PURCHASE MONEV'~OATGAGE;,SECU~ITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in
the event of default, i: a 'first mortgage and. a 15'day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall
not permit acceleration-qfinterest adjustment jn' event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications
of or future advan~' vnder prior morkgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily fotlnd in mbrt[.Iage~, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county
wherein Real property is located, 1\11 Personalty a[\d leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded
financing statements, If a balloon mort~J8~~ the final payment will exceed the periodic payments thereon,
C. SURVEY: Buyer, it Buyer's expilns,~, within time allowed to deliver evidence of title and to examine same, may have Rea! Property surveyed and certified by a registered Florida
surveyor. If survey sllowsencroach[llUJ.1!, 'on Real Property or that improvements located on Real Prope~ty encroach on setback lines, easements, lands of others or violate any restrictions,
Contract covenllnts "or;ai3plicable governmental reguD!ion, the same shall constitute a title defect
D. TERMITES: &lyeI', <.It l3uver's expense,within ti'ne allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements, If either or both are found, Buyer will
have 4 days from dato of, 'vlritten notice thereof within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller
shall pay valid costs 01 trealrr.ent anci repair of all damage up to 2% of purchase price, Should such costs exceed that amount, Buyer shall have the option of cancelling Contract
wiUlln 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credit elt closing of an amount equal to the total of the treatment and repair estimate not ,in excess of 2% of the purchase price, "Termites" shall be deemed to include all wood
destroYlllg organisms required to be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Selle'r warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof,
tiUe to WhlCll is in accordance with Standard A,
F, LEASES: Seller shi1ll, not less than 15 days before closing, furnish to Buyer copies .of all written leases and estoppel letters from each tenant specifying the nature and duration
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant If Seller :is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within Ulat time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information, Seller shall, at closing,
deliver and assign all original leases to Buyer.
G, LIENS: StJller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or
potential lienor s known to Seller and further attesting that there have been no improvements or repairs to thtJ Property for 90 days immediately preceding date of closing, If Property
has been improved or repaired Within that time, Seller sllall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontmctors, suppliers and materialmen
in addition to Seller's lien affrdavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
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 of this Contract
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
I. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p,m, of the next business day,
J, DOCUMENTS FOR CLOSING: Sellor shall furnish the deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments,
Buyer shall furnish closing stalement, mortgage, mortgage note, security agreement and financing statements,
K. EXPENSES: Documeiltmy stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing, Buyer shall have
the option 01 taldng 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, ProraUons wil,l be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortganee 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 proratod based
upon such aSSe(iSment ;md the prior year's millage, If current year's assessment is not available, then taxes will be prorated on the prior year's tax, If there are completed improvements
on the Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon lhe
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessmont taking into consideration available exemptions, Any tax proration based on an estimate llhall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
of tax bill on condition that a stalement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, c.)nlirmedand ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, Buch pending lien shall be considered 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,
seawalls (or e(juivulent) and dockage do not have \lny VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical
ilems, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by a firm
or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, Buyer shall, prior
to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards as to defects,
Unless Buyer reports SUCll defects within that lime, Buyer shall be deemed to have waived Seller's warranties as to defects not reported, If repairs or replacements are required,
Seller shall cause such mpairs to be made and shall pay up to 3% of the purchase price for such repairs or replacements as may be required in order to place such items in WORKING
CONDITION, II tile cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel
this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service
and access to the Property for inspections, including a walk-through prior to closing, Between Effective Date and the date of closing, except for repairs required by this Standard,
Seller shall maintain Property, including, but not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted,
0, RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so
damaged, cust of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing, II the cost
of restowtion exceeds 3% of tile assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling this Contract and receiving return of deposit(s),
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed sllall be recorded upon clearance of funds, If abstract, evidence of title shall be continued at Buyer's expense to show
title in l3uyur, without any encumbr<.lnces or change which would render Seller's title unmarketable from the date of the last evidence, Proceeds of the sale shall be held in escrow
by SelltJr's attorlloy or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date, If Seller's title is rendered unmarketable,
through nll bult of Eluyor, Buyer shall, within the 5-day period, nolify Seller in writing of the defect and Seller shall have 30 days from date of receipl of such notification to CUlO
the defllct. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyor and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Property and reconvey it to Seller by special warranty deed, II Buyer fails to make timely demand for
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed,
If a purtion 01 tho purchase price is to be derived from institulional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment
that II will not wltllhold disbursement of mortgage proceeds as a result 01 any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627,7841, F,S, (1989), as amended,
a. ESCROW: Any escrow ;Jgent ("Anent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance, If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement
or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit same with the clerk of the circuit court having jurisdiction
of the dispute, Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow, If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F,S, (1989), as amended, Any suit between Buyer and Seller wherein Agent
is made a party because of acting as Agent hereunder, or in any suit wl,erein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees
and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party,
Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach
of this Contract or gross negligence of Agent.
R ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer,
listing broker, Buyer's broker ""d any subagents to t"le listing broker or Buyer's broker, shall be entitled to recover reasonable all::>rney's fees and costs,
S, FAILURE OF PERFORMANCE: II Buyer fails to perform this Contr:Jct within the time specified, including payment of ,;11 do;posit(s), the deposit(s) paid by Buyer and deposit(s)
agreed to be paid, may be retained by or for the account of SelieI' as agreed upon liquidated damages, consideration for the execution of this Contract and in fuli settlement of any
claims; whereupon, Buyer and Selllor sllall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract.
II, for any reasoll uther tllan failure 01 Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance ur elect to r"ceivtJ the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from SellGr's breach,
T. COI~TRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any notice of it, shall be recorded in any public records, This Contract shall bind and
inure to the lJemetit of thn parties and tI,eir successors in interest, Whenever the context PtJrmits, singular shall include plural and' one gender shall inclucie all. Notice given by or
to tho a llollluy lor any par ly shalllle as effective as if given by or to that party,
U, CONVEYANCE: Seller shall convey title to thn Real Property by statutory warranty, trustee's, personal representalive's or guardian's deed, as appropriate to tile status of Seller,
subject only to Illatlers containGd in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty
of title, subject only to such malters as may be otherwise provided for herein,
V, OTIIU1 iICrnEl:MENTS: No prior or present agreements or representations sl,all be binding upon Buyer or Seller unless included in this Contract. No rnodilicatlon or change in
tills COlltracl sl,all bevnlicl or binding upon the parties unless in writing and execuled by tile party or parties intended to be bound by it.
W WMiH/\IJ"i'IL,S: ~';()l!or warrants lImt there are nOlacls known to Seller materially affecting the value of the Rill Property Wllich are not reacJily observable by Buyer or which
havc IVlt boon disclosed to 8uyer, '
Copyrigrlt 1991 by 1 he Florida Bar and The f10rida Association 01 REALTORS
MIS 11099) ... .. OMS No, 2502,0265
A. U,S. DEPARTMENT OF HOUSING AND UR'N DEVELOPMENT . B, TYPE OF LOAN
..
/ 1. 0 FHA 2, 0 FMHA 3, 0 CONV, UNINS,
/ 4, OVA 5, 0 CONV. INS.
" 6, FILE r' LOAN
NUMBER 91060026 NUMBER
8, MORTG, INS, CASE NO,
C, NOTE: This form is furnished to aive 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
PO BOX 4748
ADDRESS: r.rF.ARWA'T'F.R. FT. 34617
E, NAME OF SElLER: BARTOW REMBERT
1160 BROWNElL S'IREET
ADDRESS: ,--- m ~Llhlh SElLER TIN:
F, NAME OF LENOER:
CASH TRANSAcrION
ADDRESS:
G. PROPERTY LOCATION: r.m 11, BLK 1, W.F. HUGHEY'S SUBDIVISION
a/k/a 1160 BROWNELL S'IREET, CLEARWATER, FL 34616
H, SETTlEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT S'IREET
roT m ~Llhlh
PLACE OF SETTlEMENT: STEWART TITLE CQI1PANY OF CLEARWATER, INC. I. SETTlEMENT DATE:
ADDRESS: 1290 COURT S'IREET JULY 31, 1991
1<'T ~IIC'C ?l?t-n n7\V ("'\1<' 'VRZl.R
J. SUMMARY OF BORROWER'S TRANSACTION K, SUMMARY OF SElLER'S TRANSACTION
100, GROSS AMOUNT OUE FROM 80RROWER: 400, GROSS AMOUNT OUE TO SELLER:
101. Contract sales price 60,000.00 401 ContraC! sales price 60,000.00
102, Personal property 402 Personal property
103, Sell/ement charges to borrow lI;ne 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, City /town taxes to 406, Clty/lown taxes to
107, County taxes to 407 County taxes to
108, Assessments to 408 Assessments to
109 to 409 to
110 to 410 to
111. 411
112 412
120 GROSS AMOUNT DUE FROM BORROWER: 60,006.00 420 GROSS AMOUNT DUE TO SElLER:: 60,000.00
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SElLER:
1--_201. Deposit or earnest money -0- SOT Excess deposit (see instructions)
202, Principal amount 01 new loanls) S02 Setllemenl charges to seiter lIina 1400) 960.00
203 Existing foants) laken subject to S03 EXIsting loanls) laken subject to
204 S04 Payoll 01 Ilrst mortgage loan
205, S05 Payoff of second mortgage loan
206, 506 FLEET FINANCENTER 576.46
207 S07
208 S08,
209 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City/town taxes to 510, City/lawn laxes to
211. County taxes to 511, County taxes 1 11 Iq1 to 7731/91 An.15
212, Assessments 'to 512, Assessments to
213 to 513, 10
214, 514,
215. 515
216, 516,
217 517
218, 518
219, , 519,
220, TOTAL PAID BY/FOR BORROWER: -O- SlO, TOTAL REDUCTION IN AMOUNT DUE SElLER:: 1,616.61
300. CASH AT SETTlEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SEllER:
30T Gross amount due from borrower (line 120) 6CJ, 000. 00 60T Gross amount due to seller (line 420) 60,000.00
302 Less amounts paid by Ifor borrower (line 220) -0- 602. Less total reductions in amount due seller (line 520) 1. 616.61
303 CASH ICXFROM) I[J('f{lJ:BORROWER: 60,006.00 603 CASH 1m TO) [0C0DMf SEllER: 58,383.39
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
lurnished 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 10 be reported and the IRS
determines that it has not been reported, ,
lElLER INSTRUCTlON.1f this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence. for any gain, with your income tax return; for other transactions,
;omplete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040),
(au are required by law to provide I. R. S with your correct taxpayer identification number,
f you do not provide 1 R S with your correct taxpayer identification number. you may be subject to civil or criminal penalties,
J,nd:Jl' r alties o'1jHper"ury, I certifY~, th: number sh~n on ~h}s statement is my correct taxpayer identification number.
---' CZh___.~jj _ ~
Seller ,
BARTOW REMBERT .
MIS LDI ~
I
I
70ll TOTAL SALES/BROKER'S COMMISSION Based on price S @
Division 01 commission (line l00) as follows:
701$ 10
_._'----~--_.~--~-----~--
~$ ~
703 Commission paid at selllement
704,
800 ITEMS PAYABLE IN CONNECTION WITH LOAN,
%=
PAID FROM
BORROWER'S
FUNDS
A T SETTLEMENT
PAGE 2 OF OMB No, 2502.0265
PAID FROM
SELLER'S
FUNDS
A T SETTlEMENT
,.
L. SETTLEMENT CHARGES
1-~01. Loan Originalion lee
802, Loan Discount
803 Appraisal Fee
804, Credit Report
80S Lender's Inspeclion fee
806, Mortgage Insurance applicalion lee
807. Assumption Fee
%
%
to
10
to
808,
809
810
811
9OO,lTEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE,
901 Interest Irom
to
@$
/day
902, Mortgage Insurance premium lor loa, to
903, Hazard Insurance premium lor yrs, to
904 yrs, to
90S
1000, RESERVES DEPOSITED WITH LENDER
1001, Hazard Insurance
1002 Mortgage insurance
1003, City property taxes
1004, County property taxes
1005, Annual assessments (Mainl.)
1101. Selllemenl or closing lee
1102, Abstract or title search
1103 Tille examinalion
1104 Title insurance binder
1105, Document preparalion
1106, Notary fees
1107. Allorney's lees 10
(inCludes above items No,
10
10
to
to
loa, @$ per loa, : ,,',; ",i;NS'C"",; !;\~;: ~:.~
@$ "
loa per loa, ';\1:~~
loa, @$ per loa, !-
loa @$ per loa, ','.
mO@$ per loa,
loa, @$ per loa ,"
loa, @$ permo, <;:11 ..
loa, @$ per 100,
" ,'~';t.:,> ,';'C __;<
If"lf"l f"lf"l
1006,
1007
1008
1100, TITlE CHARGES:
STC
to
10
10
1108, Title insurance
(1101)
10 STEWART TITLE COMPANY OF CLEARWATER
INC.
~;;:,-:~
~ _495.00 ,
~"",~,~~" ,""' ,.'.~,
~~"""""'"
(me/udes above items No
1109, Lender's coverage
1110, Owner's coverage
1111,
1112,
1113
$
$ 60.000.00
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES
6.00
1201. Recording lees: Deed $
1202, Clty/counly tax/slamps:
1203 Stale lax/slamps: Deed $
Deed $
Morlgage $
Mortgage $
Releases $
6.00
360.00
Mortgage $
360.00
1204
1205,
1300 ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302, Pesl inspection
1303
1304
1305,
1400, TOTAL SETTLEMENT CHARGES (entered on lines 103.S"ectlon J and 502, ""Section K)
10
to
EVANS LAND SURVEYING
POC
CITY OF CLEARWATER-ASSESSMENT SEARCH
t),00
h 00
Qhf"l f"lf"l
Sellers
rale account 01 the funds which were received and have been or will be disbursed by Ihe undersigned as part of the settlement althis transaction
JULY 31, 1991
~~~ ~
SElLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signalure hereon acknowledges his/lheir approval o. lax prorations and signifies their understanding that prorations were based on laxes 'or Ihe preceding year, orestimales
lor the current year, and in the evenl of any change for the current year, all necessary adjustments musl be made belween Seller and Purchaser; likewise any default in delinquent taxes will be reimbursed to Title Company by' the Seller.
Tille Company, in its capacity as Escrow Agenl, is and has been aulhorized to deposit all funds it receives in Ihis Iransaction in any financial institution, whether afflllaled or not.,Such 'inanclallnstitution may provide Tile Company com puler
accounling and audit services directly or Ihrough a separate entily which, if a'fiIialed with Tille Company, may charge the IInancial institution reasonable and proper compensation therefore and relain any profits therefrom, Any escrow fees paid by any
party involved in this transacllon shall only be for checkwr'ting and input 10 the computers, but nol lor aforesaid accountinq and audit services, TItle Company shall not be liable 'or any interest or other charges on Ihe earnesl money and shall be under no
duty 10 invesl or reinvestlunds held by it al any lime, Sel and Purchaser hereby acknowledge and consenllo the depOSIt of the escrow money in financial Institutions with which Tille Company has or may have other banking relationships and lurlher
c, ons, ',nlto the retenlion by Tit,le Company and/or ilS, af i es 01 a d I enelits (inclu~jng advanlageous interesl rales on loans) Tille Company and/or its affillales may receive from such tin clal inSlllUtiO,~n as on o!thelr 10 'nlen~nce 01 aid
escrow accounts. 1m/p o:.i>,.4~ru:l1..('-
The parti,s hav, read Ih, a~o ree 10 same. and recognize Title Company is relying on the sa~ ~~
t1urchasers/Borrowers --_._-~----~ .====------t- Sellers _._~_____..__._. .___._
---LQG_QITLQL,CLP-AR_.ATIJ:LI __ __'~____~____ _ '___,__
,\'A.~NUIjG' It is ;ll;tilW; tn kljOwill\1J'/ rn~~~e false s!:~tene.n!s tn (he Un:tel! Slalf!5" on Ihi" 0, a,l',' other .<:I'nilar form. P~n<:!Ij~<; I' 'p rnrjl':,-linn tan inr:llJde:1 tjM~ <tnri imnl'i"(lr1i(lf~l)t F(li' df>t:~il~~ ser.: Tit!t lH Ii Sf', I" (~",_'!; _I' !r\')' i'" '!I,"
'-....
(I~(!
P-A-<f'l
!>
(>~ p"_ ,:J p
'"'_ S)
ENDORSEMENT TO TITLE~KXJ.nder
SERIAL NUMBER C-9912-762450
CHARGE
$
No,
91060026
ISSUED BY
STEWART TITLE
PROPOSED INSURED:
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
CITY OF CLEARWATER, FLORIDA
Lot 11, Block 1, W.F. HUGHEY'S SUBDIVISION
LEGAL DESCRIPTION:
OWNER OF RECORD:
BARTOW REMBERT, widow and surviving spouse of
QUENTIN REMBERT, deceased
SAID BINDER IS HEREBY AMENDED TO READ:
Schedule A, number 4 shall now read:
Lot 11, Block 1, W.F. HUGHEY'S SUBDIVISION, according to the plat thereof, as
recorded in Plat Book 1, Page 70 of the Public Records of Pinellas County,
Florida
ALSO DESCRIBED AS:
Lot Eleven (11), Block One (1), of W.F. HUGHEY SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 1, Page 70 of the Public Records of
Pine lIas County, Florida.
ALL OTHER MATTERS CONTAINED THEREIN SHALL REMAIN TIlE SAME.
This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the
provisions hereof,
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated.
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the 12th
day of
Julyl,9 91
STEWART TITLE 1'1--; / /_/~;.,
GUARANTY COMPANY \d~ ///<9"""'-0{
-b~ '-hr~
~',~
,.JI., ,,~.', .........:f.'.'.6~', "
f5!JA.. ..~'... ...~~
(' 1/ t.O"PO~.f1; \"A
w:.t:,-*- ~:.~
.--:: .f"'1
"",\ ',1,9, '0, 89,'<:>",',.'
- ...' .'.
'\. .... . .. .....
~
President
Endorsement
Serial No,
E-9904 -
1060631
003
",
.
AlTA C'~WNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
--
..
I
-----------
POLICY OF TITLE INSURANCE ISSUED BY
91060026
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM Cli .". RAGE, THE E~TIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND '..'PULATIONS, STI'ART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures.."..".,;,.',.."",.,.""..",.". of Date of POIiC".l1.",.~,;ii"lhown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Sch " "Ie A, sustained or,;/rOcurred by the insured by reason of:
1. Title to the estate or interest described in .,e A being ve$ted other 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 frQil,lt
The Company will also pay the costs,i~
to the extent provided in the Conditions
defense of the title, as insured, but only
IN WITNESS WHEREOF, Stewart T
duly authorized officers as of the Date of
his policy to be signed and sealed by its
~~ h(~
Company
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (incl uilding 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 ons 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 viol inances or governmental regulations, except to the extent that a
notice of ~he enforce,ment thereof or a notice, of a defect, lien or)~'h~~mb~~nE~,~~wJling from a violation or alleged violation affecting the land has been
recorded In the public records at Date of Policy, . .
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy,
4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
.........~-~~----
Page 1 of
Policy 0-2111-
Serial No.
15759
~ ~ ~ ~ ~ --- ~ ~
211 (Rev, 4.6.90)
CONDITIONS AND STIPULATIONS
1, DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the imured 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 affecting the land,
(d) "land": the land described or referred to in Schedule A, and im~rove'
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) '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 of the clerk of the United States
district court for the district in which the land is located,
,__ -~- -- (q)J'unm Cl rketo b i1ity ofthe-title":a n' a Heged or a ppa reI\hl1 atter-~ffecti ng---'= '
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 purchase 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(a) 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 extent of the prejudice.
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Condi~ons and Stipulations, the Company, at its own cost
.'Q ncf wifhouTu n rllosonable 'd etay;-slio 1fpfovictetor thedelense-ol-an-j ns1JrelrTrr --
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 01 the insured to
object for reasonable causel to represent the insured as to those stated causes of
action and shall not be Iiab e for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of 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
detense 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
adverse judgment br order, 1
. .
(d) In all cases where this policy permits or requires the Company tOlrose-
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 Company is
prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such proof of loss or
-'---damage,----------,c--~-'-=--,.-'------- ,,--- ,-- ,,---,-
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 to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate,'including onyfia-bijityor obligotion--todefend; ptosecute,-orcontinue
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-
pany 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 \b)(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 monet<lry loss or dam-
age sustained or incurred by the insured claimant who has':'uffered loss Ot
damage by reason of .I, otters insured against by tflis policy. ~nd only to the
extent herein describe,
(continued and concluded on last page of this policy)
-
-
-
AL TA OWNER'S POLICY
.....,.
J
I
mls
SCHEDULE A
15759
Order No.:
91060026
Date of Policy:
Policy No.:
0-2111- 15759
Amount of Insurance: $
60,000.00
July 31, 1991
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
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 11, Block 1, W.F. HUGHEY'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 1, Page 70 of the Public
Records of PINELLAS County, Florida.
ALSO DESCRIBED AS:
Lot Eleven (11), Block One (1), of W.F. HUGHEY SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 1, Page
70 of the Public Records of PINELLAS County, Florida.
REG,00012
Page 2
STEWAR~'" TI'rI...E
GUARANTY COMPANY
AL TA OWNER'S POLICY
Order No. 91060026
.v
t
I
SCHEDULE B
2111
Policy No.: 0-~-15759
This policy does not insure against loss or damage (and the company will not pay costs,attorneys'
fees or expenses) which arise by reason of:
1. ~~~~~~~.
2. ~~~~~~~b~X\D;
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey and inspection of the premises.
delete 4.~~~~~1tX~a:k:bmOOtaROC>OOdm~
jm~~blt~x
delete 5, C. ' XllmCtm~X:~~l6JlXOOXe:ID\tx:x
XOOc~.
delet~' A'Wx:~~~'&~x:AA}tR~~~kxw~~x:kk~~~lGc~JtR!XtX<m.s,
g~~~~~*,~~rcKIlRJta:~~:m3C}OOCbatl:oxlxscxH
~K~1t~Kxl(X~~~~fc~m:~:D
M~~~x:~~~~~~~k~)tK
7. Taxes for the year 19 91 and thereafter.
delete
delete
2113 (Rev.-6-B7j
8. Subject to facts of survey by EVANS LAND SURVEYING dated July
8, 1991, showing the house encroaching into adjace~t Lot 10
along the easterly boundary.
Page 3
S~I'EWAR'l" 'rrrL]~~
GUARANTY COMPANY
,
'-',
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
,~~ -- -+- -- -+- --
\~ "
~
SdnoilY 0/ ((,,"roo
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
--- --- -- -- -+-- -- - - ...,....,. ....~
"
POLICY
OF
TITLE
INSURANCE
......-- ---.- - -- - -- ~-'"' - -
- ,.,
.~-"""=""'"'" ,.' ".~,. -
. ,
,,~
~ONDITIONS 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!?) (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 omount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner,
12, PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company,
(b) When liability and the extent of loss or damage has been definitely
fixed in accordCince 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 are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation, Arbitration pursuant to this policy and under the Rules in effect
on the date the demand 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 laws 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(s) may be entered in any court
having iurisdiction thereof,
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request,
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany, In interpreting any provision of this policy, this policy shall be construed as
a whole,
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company,
16, SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect,
17, NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P,O, Box 2029, Houston, Texas 77252,
STEWART TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
. .~,
..~.. ,.......
POLICY OF TITLE INSURANCE ISSUED BY
91( I , I
STEWART TITL:1!b 1;)4-/3
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM C
SCHEDULE B AND THE CONDITIONS AND
corporation, herein called the Company, insures
exceeding the Amount of Insurance stated in Sc
TIONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
of Date of Polic hown in Schedule A, against loss or damage, not
Ie A, sustained O~!I~curred by the insured by reason of:
1, Title to the estate or interest described in S(! Ie A being veSted other 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 from theli
The Company will also pay the costs, a~orl'!
to the extent provided in the Conditionsal'l"i$t
IN WITNESS WHEREOF, Stewart Tt
duly authorized officers as of the Date of
defense of the title, as insured, but only
this policy to be signed and sealed by its
~~ ht:~
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of: ".,
1. (a) Any law, ordinance or governmentol regulation (incl~~ not limitedtQbuilding and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or . '..te>f,n.lond;fii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ,. .:mfQ,~ons 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 h of tIiese laWf/:i.idinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or,encumbrance resulting from a violation or alleged violation affecting the land has been
'. . .,Jncfl/l' ('~I (oil/roo
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,
,'.," FIOMCOVElAGE
ttlispolicy and the Company WI
-- -- ........ .."...... -'+" ~ -
Page 1 of
Policy 0 -2111
Serial No. -
24270
~ ~ ~ ~ ........ ~ ~ ~
211 (Rey, 4.6,90)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to prose-
The followin~ terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insured shall
(a) "insured ': the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action
or defenses the 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 (ii) in any other lawful act which in the opinion of the Company may
or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured.
defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required
matters affeCting the land. cooperation, the Company's obligations to the insured under the policy shall ter.
(d) "land": the land described or referred to in Schedule A, and im~rove- minate, including any liability or obligation to defend, prosecute, or continue any
ments affixed thereto which by law constitute real property, The term \ land" litigation, with regard to the matter or matters requiring such cooperation,
does not include any property beyond the lines of the area described or referred 5, PROOF OF LOSS OR DAMAGE.
to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi.
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dam.
modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com.
insured by this 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 court for the district in which the land is located, any litigation, with regard to the matter or matters requiring such proof of loss or
(g) "unmarketability of the title": an alleged or apparent matter affecting damage,
the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to
a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and
the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times
deliverr 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 'purchase 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(0) 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
preludiced by the failure and then only to the extent of the prejudice, together with any costs, attorneys' fees and expenses incurred by the insured
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or
CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay,
(a) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option, all liability and obligations
in Section 6 of these Condi~ons and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall
and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue
litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for
insured, but only as to those stated causes of action alleging a defect, lien or cancellation,
encumbrance or other matter insured against by this policy, The Company shall (b) To 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 anr fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were
the defense of those causes 0 action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company
this policy, is obligated to pay; or
(b) The Company shall have the right, at its own cost, to institute and prose. (ii) to payor otherwise settle with the insured claimant the loss or dam-
cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and
necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com-
to prevent or reduce loss or damage to the insured, The Company may take any pany 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.
tion 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 iudg~ent or O1-d,er, I damage- by reason of latters insured against by this policy and only to the
'_ ' extent herein described,
(continued and concluded on last page of this policy) '~.. ~
AL TA OWNER'S POLICY
I
...
.,;lj ."
t
SCHEDULE A
m19Jrder No.:
91080003
Policy No,:
0-2111-24270
Date of Policy:
August 26, 1992
Amount of Insurance: $
48,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA
2, The estate or interest in the land which is covered by this policy is:
Fee Simple
3, Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
North fiO ft. of Lots 12 & 13, Block 1, W.F. HUGHEY'S
SUBDIVISION, according to the Plat thereof, as recorded in Plat
Book 1, Page 70 of the Public Records of PINELLAS County,
Florida.
ALSO DESCRIBED AS
The North Sixty (60) feet of Lots Twelve (12) and Thirteen (13)
in Block One (1) of W.F. HUGHEY'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book One (1), Page Seventy
(70) of the Public Records of PINELLAS County, Florida.
0012
Page 2
STEWART TI~"'I...E
GUARANTY COMPANY
AL TA OWNER'S POLICY
SCHEDULE B
Order No. 910SpDG34.
I
...
I
Policy No.:
0-2111-24270
This policy does not insure against loss or damage by reason of the following:
delete1, RigNjb€~~RkRHJ~~Xl~~k~R~~~~~,
delete2. E~~RkK~~~~~1{!~X~R~~xl~'''dd~~k!~kRX'~,
delete3. iflJnoootKR~~~~~x~)tX~~~~X~H(~JOOtl@Ol:~~i:OOcW~*!X(~bt~&R~~~y
al}t~~~W~~~~Rmt~m~klOOcIU~Rm.
delete4, An~x~~x~~Rk~~XR~~x~x~~~~X~XRK~~~~XR~~~~~~~~x~Xl~,
i~R~~~~k~~~~~xJs.
delete5, C~x!1{!kt~~~~~~~~~~~R:~~~09(~~Xi~~xif~~~~R~~~ of
t~k!~x
delete6. An~xldd~~~kX~R~tut~~xiXl~~:OOc~~~Mxt~~~~xff~XfK<K~~x
90V~~RkK~x~~X~R~~~xx~xkR~X~~~~R~~~~~XR~~~~xR~~~Of
n~g~Rkx~~~~~~K~R~~xR~~~~~K~xiiR~~~~~*~~~k~~2~x~~Rx~d
lin~~~~~~~~~~~W~~~~~~~~KXiX!~~kiRY.
7, Taxes for the year 19 93 and thereafter.
2113
Page 3
STEWART TITLE
GUARANTY COMPANY
--~
,
~
"'-
. ."-,~~
IONDITIONS AND STIPULATIONS Continued I
(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,
~ (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 ore
not used as a single site, and a 1055 is established affecting one or more of the
p'arcels but not all, the 1055 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 05 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, 011 05 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 1055 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 1055 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 1055 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 mode for costs, attorneys'
fees an expenses, sholl reduce the amount of the insurance pro tanto,
11, LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount 50 paid shall be deemed a payment
under this policy to the insured owner,
12, PAYMENT OF LOSS.
(a) No payment shall be mode without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of 1055 or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of 1055 or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the 1055 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 poid 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 011 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 1055 of the
insured claimant, the Company sholl be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the 1055,
If loss should result from any oct of the insured claimant, 05 stated above,
that oct sholl not void this policy, but the Company, in that event, sholl be
required to/ay only that part of any losses insured against by this policy which
sholl 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 relating to this policy, any service of the
Company in connection with its issuance or the breach of 0 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 laws of the state in which the land is
located permit 0 court to award attorneys' fees to 0 prevailing party, Judgment
upon the award rendered by the Arbitrator(s} may be entered in any court
having iurisdiction thereof,
The law of the situs of the land sholl apply to on arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request,
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany, In interpreting any provision of this policy, this policy sholl be construed 05
o whole.
(b) Any claim of 1055 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 con be made except by
a writing endorsed hereon or attached hereto signed by either the President, 0
Vice President, the Secretory, on Assistant Secretary, or validating officer or
authorized signatory of the Company.
16, SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the 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 sholl 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
'.
,
I,
.
'"
SanClilY of Comrtlu
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
v.
I);
,
,~
POLICY
OF
TITLE
INSURANCE
American Land Title Association Commitment. 1966
,
rc=====c=c===c===c======,,",==
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c'~~===,='=cccc=::t'='=c=='=~='======="'''==c::====-=;:=c=::::=======t
COMMITMENT FOR TITLE INSURAN{.;E
ISSUED BY
91060026
--li
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II
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II
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land descrigedor referred to in Schedule A, upon pay-
ment of the premiums and charges therefor;.aIJsubjecttotheprovisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective .onlywherltheidenfity of the proposed Insured and the
amount of the policy or policies comrnittEld forhav~ been . inserted in Schedule A hereof by the
Company, either at the time of the i$sua,nce ofttti$ Commitment or by subsequent endorsement.
This Commitment is preliminaryt()t~~J~~r5~~~~.,~policyor policies of title insurance and all
liability and obligations hereunder shaH cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, Ql/tthisCpmmitrnentshall not be valid or binding until it
bears an authorized Countersignature.
IN WITN ESS WH E R EOF, StewartTlc~leGuaran~YCorripany has caused its corporate name and
seal to be hereunto affixed by its duly authprizedoffjcersonthedate shown in Schedule A.
STEWART TITLE
;'lilHIIItNi//);~
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....,.," .f:.~~~i).,..;!.t.
w:~ -*- ~~i~J
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W~~-Jl7~
GUARANTY COMPANY
President
Company
City, State
Serial No. C. 9 912.7 6 2 4 5 0
005N Rev, 3/78
.' .
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Commitment No.
SCHEDULE A.
Q1 rlr;Orl?r:\
Prepared For: CI1'1' OF CLEARWA1'ER, FLORIDA
Inquiries Should, be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(8L3) 441-2689
1. Policy or Policies to be issued:
Amount
la) D<AL T A Owner's Policy
$
6CJ,(jOO.OO
Proposed Insured: CITY OF' CLEAR1iJATER, FLORIDA
Ib) 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:
BARTOW REMBERT, widow and surviving spouse of QUENTIN REMBERT, deceased
4 The land referred to in this Commitment is located in the County of PIN ELL A S
State of F LOR I D A and described as follows:
Lot 11, Block 1, W.E'. HUGHEY'S SUBDIVISIUN, according to the
Plat thereof, as recorded in Plat Book 1, Page 70 of the Public
Records of PINELLAS County, Florida.
ALSO DESCRIBED AS:
Lot Eleven (11), Block One (1), of W.E'. HUGHEY SUBDiVISION,
according to the Plat thereof, as recorded in Plat Book 1, Page
70 of the Public Records of PINELLAS County, Florida.
Page 2
of 4
STEWART TITLE
2552
GUARANTY COMPANY
I
SCHEDULE B
I
ORDER NO:
9 10 &0 0 :2 6
Commitment Number:
C' ,'~, 9 9 J. 2- 7 6 2 ;1 ':; I
I.
The following are the requirements to be complied with:
1, Instruments necessary to reate the estate or interest to be insured must be properly executed, delivered and duly filed for
reoo~. Vali" oto identification (ie: Driver's License, Passport) and
s 1a1 security numbers required of all parties to the
transaction by the Insuror.
'satisfacJ...~of that certain Certified Judgment from SOUTHERN
d )" ~ISC T CO., Plain~iff vs. BARTOW REJYIBEWC" Defendant): fi~ed
~~ ~eember 16, 1977 1n O.R. Book 4598, Page 1673 of the Publ1C
~f\)) / ecords of Pinellas County, Florida.
\\ Continued on next page
Sch dule Bof 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, r ,encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
. -,\~att lng, SUbsequent to the effective date hereof but prior to the datethe proposed Insured acquires for value of record the
~Jestate or interest or mortgage thereon covered by this Commitment.
\"
--C:2. Standard Exceptions:
~~ i:~ :::~~~~a~':;~I~:;:Sd~:~~~~:~~~;s~~~r~~~~' ,~y ~t::,~u:~~:~~l J~.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
public records,
0, 1,~ (e) Righ f dower, homestead or other marital rights of the spouse, if any, of any individual insured.
A 0 X)1;vl~f) Any titles or' ts asserted by anyone including but not limited to persons, corporations, governments or other entities,
U)./'/ \. to tide lands, or la omprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bu ad lines as established or changed by the United States Government or water rights, if any,
3. Special Exceptions:
(a) Taxes.
Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/41688/001/0110
Gross Tax for the year 1990, $144.55.
4. Subject to facts of survey by EVANS LAND SURVEYING, dated July
8, 1991, showing the house encroaChing into adjacent Lot 10
along the easterly boundary.
2153
Page 3
of 4
S'l""EWAH.T'rITLE
GUARANTY COMPANY
... 10 . ,t
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CONTINUATION SHEET
SCHEDULE _
B
Order Number:
Commitment Number:
91060026
C-9912-7624S0
SCHEDULE B- PART I CONTINUED
Wa' ~nty Deed to be executed from BARTOW REMBERT, unremarried
ldow and surviving spouse of QUENTIN REMBERT, deceased to CITY
OF CLEARWATER, FLORIDA.
,./
Page _4 of 4
STEWART TITLE
0055
GUARANTY COMPANY
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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 nsurecl 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 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-
BER which appears on the bottom of the front of the first page of this commitment.
COMMITMENT
FOR
TITLE INSURANCE
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Sarvtily of Dc":>)"
.....
Issued by
STEWART TITLE
GUARANTY COMPANY
CERTIFIED TO & CITY Of "'EA~ WATER.. J IS Z'-)S ISE..
PREPARED FOR: SfEWARI ITl.E. i:..OP.f>A~'1 of c..LEA~WATE:,I~!~' - TWP. - RGE. -
5TEwA~T TITLE. GUAR..A~TE.e. CoMFAt-Jy (p).. f'l..I\r /)rs,TAN'E..
(PI) = /VIEASl.lRED 1>'>T A,.]CE.
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A SURVEY OF LOT I' J Bl..OC.K., 1) c+ W. f. ~LJ6"'\f=:'()S ,Sue.DI'/.S,ON
/4SRECORDED IN PLAT BOOK ~ , PAGE 70 , OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA
FI RM "ZoN E.. C.
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: 7- 08-9'
OWN. BY: ~
g INV. NO.: 91- 3"
M
2.300 MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 734 - 3821
5ou,,", DA~'I SU~"fE.y ON L,-/
EVANS LAND SURVEYING
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L EVANS
. No. 2937
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Stllrdil.l 01 ('o,,(uu"l
RONALD (RON) E, SOMERS
President
STEWAR"r TrrI..E
OF CLEARWATER
P,O. Box 2756
Clearwater. Florida 34617
(B 13) 441-2689
1290 Court Street
Clearwater, Florida 34616
AUTHORIZATION AND ACKNOWLEI:X;EMENT FORM
Reference:
FILE NO.
91060026
LOr 11, BLK 1, W.F. HUGHEY'S SUBDIVISION
LEGAL
SELLER
BARTOW REMBERT
CITY OF CLEARWATER
BUYER
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SETI'LEMENT STATEMENT - HOD FORM 1) and authorized disbursement
of frmds as shown therein this 31 day of JULY , 19 91. We further
acknowledge that we rmderstand utility bills are not included in this statement
and that the proration of taxes as sho\vn 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 rmderstood that Stewart Title Company of Clearwater,
Inc., cannot, at this time, assertain if there will be personal property tax on
subject property or an arnormt on which to base a proration. Any proration necessary
when tax bills become available will be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
~ 11 ~ tA~(~c1llt+
BARTOW REMBERT
for: CITY OF
/~
SELLER I S FORWARDING ADDRESS:
//1 0 6 ~~d&-:
./ ~L~ hLA)~/'i-~d.)_,~brc,
I
Ha1E PHONE#./
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WORK PHONE#
BUYER I S FORWARDING ADDRESS:
Po ,,&I <(7/j
{Ja~-~ 3+'tt
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Ha1E PHONE# ~
WORK PHONE# ./
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tj'~-'7~o
'!HIS IS TO FURTHER AUTHORIZE
CHANGES NECESSARY TO THE CLOSING STATEMENT.
///l
TO APPROVE 'ANY
SIDVARr ?ANY OF crEARWATIR,
BY: ~ ;>-/.-.
[
INC.
io 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
BARTOW REMBERT
1m 11, BLK 1, W.F. ~~S~~~~"
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 77 ~
7i; Ck. J
Approximate Amount
~1tL
Approximate Amount
2. No loans of any kind on said property except the following: (If
NAME AND ADDRESS OF CREDITOR
ne, so state.)
,.
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 pF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount
-7) f2.../t'1~
f ,
@ik
'J
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS Approximate Amount
5. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th~,t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND AITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE ,SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMA TION OF THIS TRANSACTION,
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or lending money thereon and would not purchase same or lend money thereon unless said representations were made.
/BAImM REl'ffiERT 1J ~ ~ 1(. -<M Jt~~ ~~C;::-TER
,-:' r~. 1':, t " ,'~ t".
County,
31' d~~ ~~,""',<~~JuLY
:', & /, :,' .1- ': ~,(:'
, ':'MY~~~rhm.i~~iori:ExPire~/ / I'-l ~ r l{
FLORIDA, ",
91
,19_,
FORE ME THIS
Rev. 1/88
, .
NOTE: This form is to be ligned by ..Iler in .... of ..Ie. If no ..Ie, it is 10 be sianed by;he ownt;,bon06wet: if I"'~ il Iny new conltruction, lh. contrlclor mUlt 1110 join in thil form
or sian I separaJe one. '. : ," .,
-'"
,t BE FILLED IN PERSONALJ,
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
SeHer or Owner-Borrower
LOr 11, BLK 1, W.F. HUGHEY'S SUBDIVISION
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
foHowing: (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 fuHy 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, CRE~TOR, SUPPLIER OF
LABOR OR MATERIALS JON~ _ ~
Approximate Amount
/"
/'
"'
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERI~S,
Alw= .- ;:tQt-
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 UNMENTlQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTL Y 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.
tion are relying on the representation contained herein in purchasing
e same lend money thereon unless said representations were made.
(!;; I
SWORN TO AND SUBSCRIBED BEFORE ME T~IS
/ /--:7 .--/" . / /7
(~/,r~
Notary Public in and for
31
day of
JULY
91
,19_.
PINELLAS
County,
NOTMIY ~IArE _.,
My Commissi~~~'Ut~Jn." iXrlrlE!o~~ LO;,llJA,
FLORIDA .. T"'RU ~OT"RYPUI";;C ~~lI'~~;';~#t.
Rev, 1/88
NOTE: This form is to be ligncd by ..Ucr in .... of sale, II no sale, it is 10 be ligned by lhe owner-borro....r, If lhe... is any new conltruclion, the contractor mull allo join in this form
or sian a separate one.
I
I
."""11 (if \ "I COli/flU"
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STE"\VAl-lT "l~rrI..JE
OF CLEARWATER
p,o, Box 2756
Clearwater, Florida 34617
(813) 441.2689
D I S C LOS U R E
We, the Owners of that certain real property located at
LOT 11, BLK 1, W. F. HUGHEY I S SUBDIVISION
Pinellas County, Florida, do hereby disclose the following facts
of said property.
~Mv
desirability
known to me which may materially
I HEREBY CERTIFY that I have
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.
~CZ,~.
Witness /
/- ~d~
WIthess
/~~~/M
,
BARTOW REMBERT
STATE OF
COUNTY OF
FLORIDA
PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
31
DAY OF
JULY
, 19--21:.
My Commission Expires: ~
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NON-FOHlnGN CEJ~'l'H'IC^,rION UY INlJIVlDU1\L 'l'1U\NSP'EnOR
1.
Section 1445 of the Internal Hevel1ue Code provides that a trdnsferee uf a United
States real properLy interest IllUSt withhold tax if the transf~ror is (j foreign person.
2.
In order to in[Ol:llI the LJ:ans[el"ee that withholding o[ lax is not required U[XJn the
disposi lion by BARTOW REMBERT
of the United States real property described as [allows:
LOr 11, BLK 1, W. F. HUGHEY I S SUBDIVISION"
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 anel,
(b) l\1y United States taypaper identifying llumber(s) (Social Security Number) is/are:
N1\I'1E SOCIl\TJ SECUIU'lY NUMDER
It / C) (j7-~.c:2o -6'? /6-
n
It
It
BAR'IDW REMBERT
(c) My 110me cl<ldress is
(n ttachec1 ndc1itional page if necessary)
(<1) There are no other. persons who have an ownership interest in the al.xJve-descr:l.bed
property.othor than those persons set forth nbove in subparagraph (b).
3. 'Jl1e tllldersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the above described prop8r-ty intends
to rely on the fOl:egoing representations in connection with the United Stales
l;'oreign Investment in Heal Property Tax ^ct. (94 Statute 26/32 as amended).
(b) :I. (wn) uncler.stnnd this certification lI\:lY be disclosed to the Internal Revenue
Service by transferee and that any false statement contained in this certification
JIli.1Y be p\ud.shed by ClIIC, JJ\I[)t'JsOlll11Cllt or lxJLh.
Under pClluHies of perjury I (we) declare I (we) have examined carefully this certi-
fication and it is true, correct and complete.
at
PINElLAS
County,
FLDRIDA
/l3~~,~
BARTCM REMBERT
Witn ss "
(This document must be retained Wlt11 the end of the fifth taxable year following the.'
taxable year in which the transfer takes place).
CONSUUl' YOUR Nrl'Ol1NEY ^ND/OR 'I'l\X l\DVISOR - NO REPHESENTNl'rON OR REC()!\1l\1END1\'nON IS Ml\DE BY
STEW1\RT TITLE INSlml\NCE CavlPJ\NY ^NIJ/OR CONCEl1NING TIlE
LEGl\lJ SUFFICIENCY l\ND/OR 'J'^X CONSQUENCES OF' '111IS OOCUMr~N'l'. YOU I\11\Y DE REQUlHED 'ro FILE
^ COpy OF 'l'IIIS DOCUMI;;N'l' WJ'l1I 'l'Im IN'l'ERN1\J~ H1WE:NUI~ SlmVICE. 'nlJ!:sr: 1\HE QUES'l'10NS FOR YOUR
l\'rl,()RNI~ OR Tl\X l\DVISOH.
S'l'l\'rE OF
COUN'lY OF
FLDRIDA
PINELLAS
I I1EREBY 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 nppeared
BARID'l REMBERT
to me known to be the persons described in and who executed the foregoing instrument
and they acknowlwged be,fore me that they executed the same.
_. I,
WITNESS my hand 'and offi~i,al seal in ast aforesaid this 31 day
of ~'i', . '" ,;_-:19 91
.... "
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....'on ..,i,l' ,,/ (:O"'UI'"
RONALD (RON) E, SOMERS
President
S'l'E"V AI~'r 'rrrLE
OF CLEARWATER
1290 Court Street
Clearwater, Florida 34616
DATED
July 31. 1991
P,O. Box 2756
Clearwater, Florida 34617
(813) 441.2689
INDENNIFlCATION
RELEASE AND ACKNOWLEDGEMENT
CITY OF CLEARWATER, FWRIDA
hereinafter referred to as
Acknowledgement to STEWART
GUARANTY and N/ A
TITLE COMPANY OF CLEARWATER, INC. to insure
following real property to wit:
Lot 11, Block 1, W.F. HUGHEY'S SUBDIVISION, according to, the plat thereof, as recorded in
Plat Book 1, Page 70 of the Public Records of Pinellas County, Florida.
ALSO DESCRIBED AS
Lot Eleven (11), Block One (1), of W.F. HUGHEY SUBDIVISION, according to the plat thereof
as recorded in Plat Book 1, Page 70 of the Public Records of Pinellas County, Florida.
Purchaser(s) makes this Indemnification, Release and
TITLE CmtPANY OF CLEARWATER, INC., STEWART TITLE
, in order to induce STEWART
and close the transaction on the
Purchaser(s) hereby acknowledges the following to be true and cor~ect:
Survey by EVANS LAND SURVEYING, dated July 8, 1991 shows one story frame structure and
chimney encroaching 3.0' into adjacent Lot 10 along the easterly boundary.
If said encroachment is ever required to be moved or removed and further that
the moving or removal of same will be done promptly upon request and completely
at the expense of the undersigned, andfurtbe[ agrees to release, absolve, in-
demnify and hold STEWART TITLE COMPANY OF CLEARWATER, INC., STEWART TITLE
GUARANTY and N/A harmless from any
liability whatsover as to the matters and things hereinabove set forth. That
this Indemnification, Release, and Acknowledgement was executed by the under-
signed in connection with and prior to transfer of title to the above described
property.
insured
will
PURCHASERS
CITY OF CLEARWATER, FLORIDA
6Y~JU?~ t~4;
Sworn to, and subscribed before me this 31st day of
1 a-"- -- 9i- ~.~-
-? . - .
July
-------
. ,C ,WE OFfLOR'D', ~ -
NO'iAI',Y pu~L N' EXP'RES. .'R,2,19"" ,~
MY COMMISSIO a~c UNDERWRITERI, ~ /
, SONDED THRU NOTARY pU I ' j/ '( ,
NOTAR PUBLIC
-' -~-
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My Commission Expires: vi
a:H'I'lFlED'lU & (,"-1''1 of ILEA~WATE..R.. I IS zl:.)S ISE..
PREPARED FOR: .:),EwARj -"LE. t.OJIIPAN'I of C.LEAJ~WATER, ~E~' - TWP. - RGE. _
5TtWAfZT TITLE. GUAR..A~TE.E- CoMFA~Y (p)~ PLAT t>f~TAt.'CI::"
.
(M) :: I'1EASU/ZED /)1'<>1 ArJCE.
SIR e 5E.T ,~o,J f{oD
H. H. Fi~ f}'~ F_ TT:'5 5UE.~. Fc.M:: Fov....p Co,.JCR.E:T1S !VJO,JU,NlE,Jl
EVANS LAND SURVEYING
C\if, C':j. I~~~'fl
LA~RP L EVANS
Ro. Reg. No. 2937
2.7t7
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ASURVEVOF LOT I,) BL.OC.K., 1, of w.~ f-HJGHE."('S SUe-DIVls,a,..)
M RECORDED IN PLAT BOOK .E.L , PAGE 70 , OF THE PUBLIC RECORDS
OF PINEllAS COUNTY, FLORIDA
FI RM "Zo~ E.. Co-
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: 7- C\9- '9 ,
OWN. BY: ~
I NY. NO.: 9(- 3"
2..300 MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 734 - 3821
fSouN DAR..'I $U~"E.y ON L'I
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INFORMATION FOR REAL ESTATE 1099-S REPbRT FILING
Section 6045 of the Internal Revenue Code, as amended by the Tax
Reform Act of 1986, requires the reporting of certain information on
every real estate transaction. From the information you provide
below, a Form 1099-s will be produced, a copy of it will be furnished
to the I.R.S. and to you no later than January 31 of the next year,
and a copy may be sent to other third parties. If you fail to furnish
adequate information (in particular, a taxpayer ID number), then you
will be subject to all I.R.S. Regulations, including the possible
withholding of twenty percent (20%) of the current sales price.
File Number:
91060026
Taxpayer ID Number:Seller 1
/Ol/?-:lcJ-67/t Seller 2
".
Taxpayer ID Type:
2
,(1 = business, 2 = individual)
SELLER 1 NAME:
Last:
REMBERT
First & Middle:
BAR'IDW
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
\(
SELLER 1:
Street:
City:
~ q~
state: aL
v- ~. J"-
Zip Code: <-/-Y- 6 V
SELLER 2:
Street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
JULY 31, 1991
Contract Sales Price: Seller 1 -
60,000.00
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address: 1160 BROWNELL STREET CLEARWATER, FL 34616
Legal Description:
LOT 11, BLK 1, W.F. HUGHEY'S SUBDIVISION
Under penalties of perjury, I,
BARTOW REMBERT
(Name of Seller (s))
certify that the number shown on this form is my correct Taxpayer
Identification Number and that the other information is correct to the
best of my understanding and I understand that it will appear on a Form
1099-S that will be sent to me and to the Internal Revenue Service.
Seller - 1 Signature: /"8/7' b -f-o.-L/\ ~, I' .-4--
BARTOW ~~T ' . L.ltbi-1
/7--;[ C(-7/
Date:
Date:
Seller - 2 Signature:
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name: STEWART TITLE COMPANY OF CLEARWATER, INC.
Mailing Address: 1290 COURT STREET""
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918