DOROTHY F WEST
I
91100053
PINELLAS COUNTY FLA.
I ~~~RR;N:;l~_E;; l651-~F~_.r~t~:~:. BK7~~_~__':.~_ ~)60
NOV 26, 1991 4: l~PM
Namfl:
~''ftnclose lelf-addrt"9ised stamped er.illJfof.""tt)
Add,...:
" .' ]) I ~
." , .,~, . :-
{) n "~y(~JI,)
~'---tv -.;; ,.MIKEiJ.L~~;~;.~~:,~_G~JN
This Instrument Prepared by:
Addr...:
:; ':'::',/ ~~,';L .:;'::, ,'J
';". :. ~ -;,~ >,');?:{
.'_ -~ -,'I ~ "
!; ) ',', ~ ~ .. -',
.-, .~~>: .~. ./' ~~.:r.:p.,1; :__:~; !::--;C':~F:Fl-'~~
~i '-~ ,:':f;.-~ .tr..,~,'tir~cc.: i~'J.I;:(',""
Properly Appraisers Parcel Identification I Folio) Numberls):
~r.. ';"'}" ,:.,,:;-'t~
Grantee(slS,S, #(s):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
01 RBCO
REC
Ds3z
INT
FEES
MTF
PIC
REV
roTA!3 :z
SPACE ABOVE THIS LINE FOR RECORDING DATA
lnltisBsrrantu Itelt lrfade the 26th day of November
DOROTIIY F. HEST, a single woman
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748
A,D. 19 91 by
LI
hereinafter called the grantee:
(Wh.rev.r uoed herein th. te1'lllJl "grantor. and .grante.. in.lud. aU th. parti.. to thi. ioetrum.nt and the
h.in, I.gal repr...ntatlv.. and ...Igna of Individual., and the .u.....on and ...Ign. of .orporationo)
.itnflllldlt: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknOOJledged, hereby grants, bargains, sells, aliens, rem1:ses,
releases, conveys and corifirms unto the grantee all that certain land situate in Pinellas
County, State of Florida , viz:
Lot 3, MAC DIXSON'S SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot three (3), MAC DIXSON'S SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida.
Parcel no. 1~/29/15/2~672/000/0030 / //2/ (Yrl ~ ,./)
Grantors soclal securlty munber ~-/[,r .....-u~4~
(DOROTIIY)
\lruget.iyet. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
aJn liaut anb tn )tnlb. the same in fee simple forever.
.Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and he?'eby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that sa1:d land
is free of all encumbrances, except taxes accru1:ng subseque.nt to ~ Noyember 26, 1991,
'](. ... and all ea.sements and J:estridic)Ds-'OI rgcord., .
.;un itntllll .,treof. tne sata grantor nas Stgned and sealed these presents the da,y and year first above
written, ;1
//
~~~~~'nc'of /1
gna re
Printed Signatu",
RONALD E. SOt.4ERS
Signature
)~~/' / (5
~
27101637
1~Q1 -
/~~cmol~6
Signature DOC STAMPS
'"I
-.l..c
RI1H
11-26-91
15:41:32
1
$III
, $372. DO
.~--
-.....~-~----
Signature
Printed Signature
Docunentary Tax Pd.. -37';;" cJ 0
. IntanglbleP'PmPftr. Addrees
KarkMi F~ Blaker, CIert. PIne".. County
IJy = I,~ Deputy CIarW
l
$378.00
$378.00
$0. 00
TOTAL:
CHECK AMT.TOOEREQ:
CHANGE:
PrintM Signature
STATE OF FLORIDA
COUNTY OF PINELLAS
T 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 DOROTIIY F. lVEST, a single woman
described in and
SEAL-,
3\
who executed the for~gn.!n.~ instrument and she acknowledged before me that
WITNES8my halld at,!d {,fficial seal in the County and State last aforesai IS
. A,V, 1991 '
Printed Notary SignatUl"
My Commi..ioll Exph',o: RONALD E. SOMERS
Notary Public, State of Florida
KABLEEN F. DEBL.AKEB y-FI...EBK'4Y comm. expires NO~. 7, 1994
RECORD VEFnFIED BY:~ Comm, No. CC06..24j2___0J{r_('Q
'----...------.--- --- -
-~-
5'
CONTRACT FOR SALE ;,1..0 PUHCHASE
PARTIES; _ Dorothv F. Wes t (_~"\
of 314 South Madison Avenue. CleJrwater, Floridi'l 14616 l (Phone 443-3024 I
and Citv of Clearwater, Florida ("Buyer")
at P..O. Box 4748. Clearwater, Florida 34618 (Phone 462-6638 )
hereby agree Ihal the Seller shall sell and Buyer shall buy the fOllowing real property ("Real Property") and personal property ("Personally") (collectively "Property") upon the lollowifl{
terl1ls and conditions. 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:
(a) Legal description 01 Real Property located in
Pinellas
County. Florida: T,ot 1, M;H' nix()n'~ Sllhrli,,;~inn
(b) Streel address. city, zip. of Ihe Property is: 114 SOli th Mi'ld i s on Avenue I C 1 ea rwa t er I F 1 or i da 346 16
(c) Personally: The seller may remain on the property rent free for 1!1 rlflY" flfh:>r rln"in~
il. PURCHASE PRICE., ,'.'.'" '.,.......,....,... ...,..." "" ,..,. ,., ,...'...." ,", "..,.. ,." ,.", '" ...,., ,.,.... ..." ".,.'", ",..........., "..",."." $
PAYMENT:
(a) Deposit(s) to be held in escrow by in the amount 01 " $
(b) Additional escrow deposit within days atler Elfective Date in the amcunt of ..................................................... $
(c) Subject to AND assumption of mortgage In good standing In favor of
62.000.00
N/A
N/A
N/A
N/A
N/A
62,000.00
having an approximate present principal balance of " $
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount 01 ..,."'..""",....".".,,....,. $
(e) Other: $
(f) Balance to close (U.S. cash. LOCALLY DRAWN certified or cashier's check), subject 10 adjustments and prorations ........................... $
III. TIME FOR ACCEPTANCEj EFFECTIVE DATEj FACSIMILE: If this oller Is not executed by and delivered IQ all parties OR FACT OF EXECUTION communicated in writing
between lhe parties on or before Or t onpr '} I, 199 1 , the deposit(s) will, at Buyer's option, be returned to Buyer and this oller withdrawn. A facsimile copy of this
Contract lor Sale and Purchase ("Contract") ai1d any signatures hereon shall be considered for all purposes as originals, The date of Contract ("Ellective Date") will be thE! date when
the last one of Ihe Buyer and Seller has signed this oller,
IV. FINANCING: NI A
(a) If the purchase price or any ..eart 01 It is to be financed by a third-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 atler Elleclive Dale at an initial Interest rate not to exceed_ %.
term 01 years and for the principal amount of $ , Buyer will make application within days after Ellective 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. commitmenl or lails to waive Buyer's rights under this subparagraph within lhe time for obtaining the commitment or atler diligent effort lails to meet the
terms and conditions 01 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 lI(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 transler some fixed interest rates are subject to increase, II increased. the rate shall not exceed % per annum, Seller shall. within clays atter
Effective Date. furnish statements from all mortgagees stating principal balances~ method 01 payment. interest rate and status 01 mortgages. II 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 lor assumption are not in accordance with the terms 01 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 1 0 days before closing date, Seller shall. at Seller's expense. deliver to Buyer or Buyer's attorney. in accordance with Standard A.
(CHECI< (1) or (2)): (1) 0 abstract 01 title or (2) QIItltle insurance commitment and. atter closing, owner's policy of title insurance,
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered oRr before Apr i 1 15, I ?Jn~ss extended by other provisions 01 Contract.
VII. RESTRICTIONS; EASEMENTSj LIMITATIONS: Buyer shall take title SUbject to: zoning. reslrictions. prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public: utility easemenls 01 record (easements are to be located contiguous to Real Property lines and
nol more than 10 feel in width as to the rear or front lines and 7 If.! feet in widlh as to lhe side lines. unless otherwise stated herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages, if any; other: Non e
; provided.
that there exists at closing no violation of the loregoing and none of them prevents use 01 Real Property !or C omme rei a 1 purpose(s),
VIII. OCCUPANCY: Seller warrants that there are no parties In occupancy other than Seller; bul, 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 01 Property at time of Closing unless otherwise
stated herein. II occupancy is to be delivered belore closing. Buyer assumes all risk 01 loss to Property from date of occupancy, shall be responsible and liable lor maintenance from
that date. and shall be deemed to have accepted Property 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 prinled provisions of Contract in conflict with them,
X. RIDERS: (CHECK il any 01 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
It) 0 OTHER:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign or (2) 1XI may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached or (2) Qlthere is no Addendum,
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT, BUYER'S INITIALS
XIV. DISCLOSURES: Buyer 0, acknowledges or 0 does not acknowledge receipl 01 theagency/radon/compensation and estimated closing costs disclosures..,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT,
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FOAM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constltule an opinion thal any of the ferms and condifions In this Contracl should be accepted by the parties In a particular tJansacllon, TemJS
and r;;OQw/i should be negotiated based upon lhe respective inlerests, objectives and bargaining positions of all Interesfed petSons,
RIGHT t991 BY THE FLORIDA BAA AND THE F R~A_A~~IATION OJ;ORS
li/l7/f / Date esY-RM ~20~,,~ate
/01 i,l Date
.:. ./') Date
1 ty: " er
. __. ) Date
. _Crt~ A..., torney Social Security o.Tax 1.0, #
v€d; IF 91i1ER THAN CASH, THEN SUBJECT TO CLEARANCE.
R'S FEE: (CHECK At.ID COMPLETE THE ONE APPLICABLE) By;
o IF A LIS EEMENT IS CURRENTLY IN EFFECTj
lleragrees 10 pay name eow. including cooperating sub-agents named. according to the terms 01 an existing. separate listing agreement:.
~ '~ '. ; 1
Date
'.'
(Escrow Agent)
:..~
OR
o IF NO LISTING AGREEMENT 18 CUR EFFECT: , , .
Seller agrees to pay the ro er name e ow. at tOle , from the disbursements of the proceeds 01 the sale, compensation in the amount 01 (COMPLETE ONLY ONE)
_ % of gross purchase price or $ for Broker's s . effecting the sale by finding the Buyer ready, willing and able 10 purchase pursuant 10 the foregoing
Contract. " Buyer lails to pertorm and deposit(s) Is retained. 50% thereof, but not e the Brol(er's lee above provided, shall be paid Broker as lull consideration for Broker's
services. Including costs expended by Broker. and the balance shall be paid to Seller. If the tra . shall not close because of refusal or lailure of Seller to pertorm. Seller shall
pay the full fee' to Broker on demand, In any litigation arising out 01 the Contract concerning the Broker's rev ailing party shall recover reasonable attorney's fees and costs,
(firm name of listing Broker)
By:
(authorized signatory)
(firm name of selling Broker)
By.
(authorized signatory) ller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
fAR/BAR 002A-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 b~ an existing firm)
purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public reccrrls of the county ~herein Real Prope~ty IS located through
Effective Date and which shall commence with the earliest public records. or such later dale 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 Inortgagee until fully paid. (2) A tille 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 qualilications set lorth in Ihis Contracl and those which shall be discharged by Seller al or before clOSing. Seller shall corn.'ey
marketable title subject only to liens, encumbrances, exceptions or qualifications specified in the Contract. Marketable title shall be determined according to applicable Title Standards
adopted by authority of The Florida Bar and in accordance wilh law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, lrom date of receiving evidence 01 litle
to examine it. If litle is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). II the delecl(s) mnder htle unmarketable, Seller will hisve 120 days from
receipt of notice within which to remove the defect(s), lailing which Buyer shall have Ihe option of either accepting the title as it then is or demanding a refund of deposil(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 tocorrjlcl'del'Jct(s) in the tille within the time provided therefor, including the bringing 01 necessary suits,
B, PURCHASE MONEY -MORTGAGE; ,SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide lor a 30-day grace period in
the event of detaulllf. a -first mortgage' and a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole Of in part wilhout penally; shall
not permit accel9ratiof\"or interest adjustment iil event of resale of Real Properly; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications
of or future advarces' under prior mOl!gage(sl; and the mortgage, note and security agreement shall be otherwise inform and content required by Seller; bul Selle, may only require
clauses customarily.lound in ;,i1ortgaQ~_mortgage notes and securily agreements generally utilized by savings and loan institutions or state or national banks located in the county
wherein Real Pru,:e(ty is located. All Personally. and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a securily agreement evidenced by recorded
financing statements" II a lJalloon mortgage, the flrlal payment will exceed the periodic payments ther~on.
C, SURVEY;.'B~'-.at Buyer's 'expmi[e, within:time allowed to deliver evidence of !ille and to examine same, may have Real Prope,rty surveyed and cerlified by a registered Florida
surveyor: II SlJrvcy,shows encroachm"nl on R9i11 F'(operty or Ihat improvements localed on Real Property encroach on selback lines, easements, lands of others or violate ally restricllons,
Contract covel1ar.rn or applicabie tovernmental regulation, the same shall constitute a tille defect. '
D. TERMITES: .f3uy~r', at' BuYer's expense, -".;:t,in time allowed to deliver evidence of title end to examine same, may have Real Property inspected by a Florida Certified Pest Control
Operalor to detl.~ine if there .is any' ilis.bi'3 active termite inlestation or visible existing damage from lermile infestation in the improvements. II either or both are found, Buyer will
have 4 days Irom date of wrillen notice thereof within which to have all damages, whether visible' or not, inspected and oslimated by a licensed builder or general contractor. Seller
shall pay valid costs' of treatmenland repair of all damage up to 2% of purchase price, Should such costs exceed that amount, Buyer shall have the option of cancelling Contracl
within 5 days aller receipi of contractor's repair estimate by giving wrillen notice to Seller or Buyer may elect to proceed with lhetransaction, in which event Buyer shall receive
a credit al closing of an amount equal to the total of the treatment and repair estimale not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
destroying organisms required to be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hBleol,
Iille 10 which is in accordance with Standard A.
F. LEASES: Seller shall, not less Ihan 15 days before closing, furnish to Buyer copies 01 all written leases and estoppel letters from each tenant specifying the nature and duration
of the tenant's occupancy, rental rates. advanced rent and securily deposits paid by tenant. II Seller is unable to obtain such letter from each lenanl, the same inlormation shall be
'furnished by Seller 10 Buyer within that time period in the form 01 a Seller's affidavit, and Buyer may therealter contact tenants to confirm such information, Seller shall, at closing,
deliver and assign all original leases to Buyer. . ..
G, LIENS: Seller shall furnish to Buyer <II time of closing an affidavit attesting to the absence, unless 0lherwise provided for herein, of any financing statements, claims of lien or
potenliallienors known to Seller and lurther attesting that there have been no improvements or repairs to the Property lor 90 days immediately preceding date of closing. If Property
has been Improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens execuled by all general contractors, subcontractors, suppliers and materialmen
in addition to Seller's lien altidavit setting forlh the names 01 all such general contractors, subcontractors, suppliers and materialmen and further aflirming 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 inthe county wherein the Real Property is localed at the office of Ihe allorney or other closing agent designated by Seller.
I, TIME: Time periods herein of less than 6 days shall in Ihe computation exclude Saturdays, Sundays and slate or nationai 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: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignmenls of leases, lenant and mortgagee esloppelletters and corrective instruments
Buyer shalllurnish closing statement, mortgage, mortgage note, security agreement and financing statements.
K, EXPENSES: Documentary stamps on the deed and recording correclive 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 olher expenses and revenue 01 Property shall be prorated Ihrough day before closing. Buyer shall have
the option of taking over any existing policies 01 insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be "
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and '
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on lhe current year's tax with due allowance made lor maximum allowable discount,
homeslead and other exemptions. If closing occurs al a date when the currenl year's millage is not fixed and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on Ihe Real Property by.January 1st of year of closing which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an, equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideralion available exemplions. Any lax proralion based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
01 tax bill on condition Ihat a statement to that effect is in the closing statement.
M, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date 01 closing shall be assumed by Buyer. If the improvement has been substantially completed as of Eflective Date, such pending lien shall be considered certified, confirmed
or ratified and Seifer 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 w:-'Is,
seawalls (or equivalent) .and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic lank, pool, all appliances, mechar,cal
items, 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 inspeclions 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 slandards as to defects.
Unless Buyer reports such defects wilhin that time, 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 repairs to be made and shall pay up to 3% of the purchase price for such repairs or replacemenls as may be required in order to place such items in WORKING
CONDITION. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elecl to pay such excess, lailing which eilher party may cancel
this Contract. If Seller is unable to correct the defects prior to closing, Ihe 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 tor repairs required by this Standard,
Seller shall maintain Property, including, but not limiled to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted,
O. RISK OF LOSS: If the Properly is damaged by fire or other casually before closing and cost of restoration does not exceed 3% 01 the assessed valuation 01 the Property so
damaged, cost of resloration shall be an obligation of the Seller and Closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing, If the cost
of restoralion exceeds 3% of the 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 01 cancelling this Contract and receiving relurn of deposit(s).
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be conlinued at Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's tille unmarketable from the date of the last evidence, Proceeds of Ihe sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period 01 not longer than 5 days from and alter closing date, If Seller's litle is rendered unmarketable,
through no faull of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure
the defect. If Seller fails 10 timely cure the defect, all deposil(sJ, and closing funds shall, upon wrillen demand by Buyer and within 5 days alter demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personarty and vacate Property and reconvey it to Seller by special warranty deed, If Buyer fails 10 make timely demand lor
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defee! excepl as may be available to Buyer by virtue 01 warranties contained in the deed.
If a portion of .the purchase price is to be derived from institutional linancing 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 wrillen commitment
that it will not withhold disbursement of mortgage proceeds as a resull of any title defect allributable to Buyer-mortgagor. The escrow and Closing procedure required by this Standard
may be waived if tille agent insures adverse mailers pursuant to Section 627,7841, F.S. (1989), as amended.
a. ESCROW: Any escrow agent ("Agent") 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 01 Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties
or liat.ilities under the provisions of Contract, Agent may, at Agent's option, continue 10 hold the subject mailer of the escrow unlil the parties mutually agree to its disbursement
or until a judgment of a court of competenl jurisdiction shall determine the rights of the parties or Agenl may deposit same wilh 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 lully terminate, except to the extent of accounting for any items previously
delivered oul of escrow, If Ii 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 01 acting as Agent hereunder, or in any suit wherein Agent interpleads the subject mailer 0.1 tile escrow, Agent shall recover reasonable allorney's fees
and costs incurred with the fees and costs 10 be paid from and oul of tile escrowed funds or equivalent and charged and awarded as courl costs in favor of the prevailing party.
Parties agree thai Agent shall not be liable to any party or person lor 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 Sucllliligation which, for the purposes of this Standard, shall include Seller, Buyer,
listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable allorney's fees and costs.
S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contracl within the time specilied, including payment of all deposit(s), the deposit(s) paid by Buyer and deposil(s)
agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
claims; whereupon, Buyer and Seller.shall 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.
If, for any reason o.ther than failure of Seller to make Seller's tille marketable aller diligent effort, Seller fails, neglects or refuses to perform this Contract, tile Buyer may seek specific
performance or elect 10 receive tile return of Buyer's deposit(s) without thereby waiving any action for damages resulling from Seller's breach,
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any notice 01 ii, shall be recorded in any public records. This Contract shall bind and
inure to the benefit of the parties and their successors in interesi. Whenever Ihe context pennils, singular shall include plural and one gender shall include all. Notice given by or
to the allorney for any party shall be as effective as if given by or to that party.
U, CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriale to Ihe stalus of Seller,
subject only to mailers contained in Paragraph VII and those otherwise accepted by Buyer. Personally shall, at request of Buyer, be transferred by an absolule bill of sale wilh warranty
of tille, subject only to such mailers as may be olherwise provided for herein.
V, OTHER AGREEMENTS: No prior or present agreemenls or rep,esenlations shall be binrling upon Buyer or Seller unless included in this Contract. No modification or chanJe in
this Contract shall be valid or binding upon the parties unless in wriling and executed by Ihe pmty or parties intencled to be bound by it,
W, WARRANTIES: Seller warrants that tilere are no fact known to Seller materially affecting the value of the Roal' r'roperty which are not readily observable by Buyer or which
nave'not been disclosed to Buver, '
fl. r-o , ! r'" 'I I TI
...1 f."
,1;-,
": i-I T,',[
AL1A OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
I
- -- -- -- -- - -- -- - -- -~
POLICY OF TITLE INSURANCE ISSUED BY
91100053
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM C.RAGE, THE E
SCHEDULE B AND THE CONDITIONS AND .rPULATIONS, ST
corporation, herein called the Company, insures'I,"lt,I,ii, ',,' of Date of Polic
exceeding the Amount of Insurance stated in Sch61e A, sustained 0
TIONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
hown in Schedule A, against loss or damage, not
curred by the insured by reason of:
1, Title to the estate or interest described in ~\Jle A being ve$tedother than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;!i,
4, Lack of a right of access to and fr~~ ~
The Company will also pay the costs, defense of the title, as insured, but only
to the extent provided in the Conditions
~~ hc~
IN WITNESS WHEREOF, Stewart
duly authorized officers as of the Date of
this policy to be signed and sealed by its
Chairman of the Board
CO"~
&~
Aut orized Si9natory
Company
City, State
"'l,
The following mailers are expressly excluded from the cover
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (inc building and zoning laws, ordinances, or regulations) restrieling,
regulating, prohibiting or relating to (i) the occupancy, use, or ) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental proteelion, or the effeel of any vio inances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defeel, lien or,encumbrance resulting from a violation or alleged violation affeeling the land has been
recorded in the public records at Date of Policy. "hm,'TII)' ,1/ ((!Ii/l'llt'l
(b) Any governmental police power not excluded by (a) above, except to the exlentthat a notice of the exercise thereof or a notice of a defeel, lien
or encumbrance resulting from a violation or alleged violation aHeeling 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, Defeels, liens, encumbrances, adverse claims or other mailers:
(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) allaching 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. -
16625
211 (Rev. 4-6-90)
CONDITIONS AND STIPULATIONS
1, DEFINITION OF TERMS,
The followin~ terms when used in this policy mean:
(a) "insured': the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those who
succeed to the interest of 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
matlers affecling the land.
(d) "land": the land described or referred to in Schedule A, and imerove.
ments affixed thereto which by law constitute real property, The term \ land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutling
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 br 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 matlers 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
____..dlltrict .tou.rt..foI.1hulistrkt in whicn.the..Iand..isJotote.d. -.- '._-._--
(g) "unmarketability of the title": an alleged or apparent matler affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title,
2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest, This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a 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 mailer or mailers 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}-UpDn w.ritten requesLbyJhe insur.ed and..su.Qiectlolbe optionuontained
in Section 6 of these Conditions and Stipulations, the Company, at ils own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy, The Company shall
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable causelto represent the insured as to those stated causes of
action and shall not be liab e for and will not pay the fees of any other counsel.
The Company will not pay anr fees, cosls or expenses incurred by the insured in
the defense of those causes 0 action which allege mailers not insured against by
this policy,
(b) The Company shall have the right, at its own cost, to institute and prose.
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured, The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy, If the Company shall exercise its rights under this paragraph, it shall do so
diligently,
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permilled 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 or order, I
(d) In all cases where !his policy permits or requires the Company to/rose-
cute or provide for the defense of any action or proceeding, the insure shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose, Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or effecting sellle-
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 shallter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the mailer or mailers requiring such cooperation,
5, PROOF OF LOSS OR DAMAGE.
In addition to and affer 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 affer 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 !he title, or other matler insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage, If the Companr is
prejudiced by the failure of the insured claimant to provide the required proo of
loss or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
_~tjgation~~ard to the matter QJ'_m.Qtl.er.u.e.Qllidng..su.t.iLp.r~f.olloss-Qr _ ',-
damage,
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, all records, books, ledgers" checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage, Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage, All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of !he
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, atlorneys' 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,
. Upo.n the exercisEl._by the ~0.mf:l.QJ)..x..QLthiU1Ptio.n,.lill.li9biliry-.an4 oJiliggtjQo.$__
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation,
(b ) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant,
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
cosls, 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, atlorneys' 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 monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of Jatters insured against by this POl,iCY and only to the
extent herein described,'
. -
(continued and concluded on last page of this policy)
.
. AL TA OWNER'S POLICY
mls
I
I
"
16625
Order No,: 91100053
SCHEDULE A
Date of Policy:
November 26, 1991
Poli8!'.:l11i _ 16625
Amount of Insurance: $ 62,000.00
1, Name of Insured:
CITY OF CLEARWATER, FLORIDA
2, The estate or interest in the land which is covered by this policy is:
1:"ee Simple
3, Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4, The land referred to in this policy is described as follows:
Lot 3, MAC DIXSON'S SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 3, Page 44 of the Public Records of
PINELLAS County, Florida.
Lot three (3), MAC DIXSON'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 3, Page 44 of the Public
Records of PINELLAS County, Florida.
REG, D 0012
Page 2
STEWAR"r TI"rI..I~
GUARANTY COMPANY
-
Al TAOWNER'S POLICY
Order No, 91100053
,.
I
I
SCHEDULE B
Policy No.:
2111
O-ij~16625
This policy does not insure against loss or damage by reason of the following:
delete 1, R' ~j&~ds,
delete 2'~~f~f&Jr~~m~
delete 3. E~,~~~Jt~n:.x~U(~~~~~~y
a~RR\\t~iooc~kUlecR~}(x
delete 4xxbitx~kX~x~x:W~~K~RWitMKR~~~Wx~~,
~R~~~~x
delete 5, CO~~~~~~~~~~~~~x98Qk~Rf&I~
~1(!~~,
delete 6, AnYxkM~~~odgd~X:R~U:~~~~~xftj{k*~htit~b&€kft!f~~1f~~
gO~UK~~~Xj~Kx~x:kJtjx~x<xtX~~~~xt:OOc~~~xR~J~~~x
n~n~kK1tin~x!mc~~U~xmtlfx~lt~~~~:ti~~R~~xR~:kl~sl
~~~tmtlO{~~iWtt~~~~~kRny,
7. Taxes for the year 19 92 and thereafter,
2113
Page 3
STEWART TITLE
GUARANTY COMPANY
,.....-
'-,
....~,
.'
.~.l' _-:.L.'-""" __
.~~
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
'east 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 paraaraph 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 fwo 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 br the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company,
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY,
AII/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is 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 accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter,
13. SUBROGATION UPON PAYMENT OR SETTLEMENT,
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and reme.
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued, If requested by the Com.
pany, the insured claimant shall transter to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro.
gation, The insured claimant shall 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:
once Arbitration Rules of the American Arbitration Association may be demanded
if aareed 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 arisina out of or relatina to this policy. any service of the
Company in connection with its issuance or the breach of a policy provision or
other obliaation. 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 bindina 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 prevailina party, Judament
upon the award rendered by the Arbitrator(s) may be entered in any court
havina 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
,<
i'
,\
~ - - ~ - - - - -
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
-".-::!- -- --- -+- ----
to
SanClilyof (onrracl
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
POLICY
OF
TITLE
INSURANCE
~09!~L",___. I I OMB No 2502.0265
A. . '. U,S, DEPARTMENT OF HOUSING AND URBAJI DEVELOPMENT I B. TYPE OF LOAN
1. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS.
4. OVA 5. 0 CONV. INS.
6. FILE 17, LOAN
SETTLEMENT STATEMENT NUMBER 91100053 NUMBER
8, MORTG, INS. CASE NO
C. NOTE: This form is furnished to sive 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.
p, NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA
AOORESS:
E, NAME OF SelLER: OOROI'HY F. WEST
ADDRESS: SelLER TIN:
F. NAME OF LENDER:
CASH TRANSACTION
ADDRESS:
G. PROPERTY LOCATION: Lor 3, MAC DIXSON I S SUBDIVISION
a/k/a 314 S. MADISON CLEARWATER, FL 34616
H, SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT STREET I
CLEARWATER, FL 34616
PLACE OF SETTLEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTLEMENT DATE:
ADDRESS: 1290 COURT STREET NOVEMBER 26, 1991
CLEARWATER. FL 34616 330th DAY OF YEAR/35 REMAIN
J, SUMMARY OF BORROWER'S TRANSACTION K, SUMMARY OF SEllER'S TRANSACTION
100. GROSS AMOUNT OUE FROM BORROWER: 400, GROSS AMOUNT OUE TO SELLER:
101. Contracl sales pllce 62,000.00 401. Contract sales pllce 62,000.00
102. Personal property ~02, Personal property
103. Settlement charges to borrow (/ine 14001 6.00 403
104. 404
105 405
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. City /town taxes to 406. City /Iown taxes to
107. Counly taxes 10 407. County la'.es 10
108. Assessments to 408, Assessmenls to
109 10 409. to
110. to 410, to
111. 411
112. 412
120 GROSS AMOUNT DUE FROM BORROWER: 62,006.00 420, GROSS AMOUNT DUE TO SelLER:: 62,000,00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501, Excess deposll (see Instrucllons)
202. Principal amount 01 new loan(s) -0- 502. Settlemenl charges 10 seller (line 14001 949.00
203. Existing loanis) laken subjec110 503. ExistIng loan(s) laken subJect 10
204 504 Payol! 01 IllS I mortgage loan BOWEST MI'G. 20 480.76
205, 505 Payott 01 second mortgage loan MJNEYLINE 6,834.04
206. 506.
207. 507
208 508.
209. 509
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210. City Itown taxes 10 510. Cilyltown laxes 10
211. County taxes 10 511 Counly taxes 1/1/91 10 11/26/91 86.38
212, Assessmenls 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: -0- 520 TOTAL REDUCTION IN AMOUNT DUE SelLER:: 28,350.18
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SELLER:
301 Gross amount due from borrower (line 120) 62,006.00 601. Gross amount due to seller (line 420) 62,000.00
302 Less amounts paid by Ifor borrower (line 220) -0- 602. Less total reductions in amount due seller (line 520) 28 350.18
303. CASH 1m FROM) lCXYJ)f BORROWER: 62,006.00 603. CASH Ll{J TO) ~) SELLER: 33,649.82
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being
furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS
determines that it has not been reported. '
SELLER INSTRUCTION-If this real estate was your principal residence, file form 2119, Sale or Exchange ot Principal Residence. tor any gain, with your income tax return: tor other transactions,
complete the applicable parts of form 4797, Form 6252 and/or Schedule 0 (Form 1040).
You are required by law to provide I. R. S with your correcltaxpayer identification number.
If you do not provide I, R. S with your correct taxpayer identification number. you may be subject to civil or criminal penalties.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
- '! 1 I
MIS LOJ.. . PAGE 2 OF OMS No, 2502-0265
. . PAID FROM PAID FROM
L. SEnLEMENT CHARGES BORROWER'S SELLER'S
FUNDS FUNDS
700 TOTAL SALES/BROKER'S COMMISSION Based on price S @ '10= AT SETTLEMENT AT SETTLEMENT
DIVISion 01 commission (/ine 700) as follows:
701$ to
702 $ 10
703 CommissIOn paid at seltlement NONE
704.
800 ITEMS PAYABLE IN CONNECTION WITH LOAN.
801 Loan Origination' tee %
802. Loan Discount %
803. Appraisal Fee 10
804. Credit Report to
805, Lender's inspection lee
806. Mortgage Insurance application lee to
807. Assumption Fee
808.
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest Irom to @$ /day
902. Mortgage insurance premium lor mo. 10
903. Hazard insurance premium 'or yrs. to
904 yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mO.@$ per mo. f ,
1002 Mortgage insurance mO@$ .,.
per mo. :'
1003, City properly laxes mO.@$ per mo. " "
1004. County property taxes mo,@$ : ,
per mo. .~
1005 Annual assessments (Maint) mO.@$ per mo. ;:tif.:~r' Ii":' (
,
1006 mO.@$ per mo. c~:
1007. mO.@$ per. mo. ~ . ,
..".,<
1008 mO.@$ per mo. iJ,:'.~
1100 TITlE CHARGES:
1101 Selttement or closing fee 10
1102 Abstract or tille search 10 src 100.00
1103. Tille examination 10
1104, Title insurance binder to
1105. Document preparation to
1106. Notary lees to
1107. Altorney's fees to to
(Includes above items No ,,'-r; ,t;. u'
t" . "~
1108 Title insurance (1101 ) 10 STEWART TI'ILE COMPANY OF CLEARWATER INC.
(lnc/udes above items No.: ';".c'/! ,"" "
,
1109. Lender's coverage $
:. .
1110. Owner's coverage $ 62 000.00 1"1,..
."'::t'~l:"
1111
1112
1113
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201 Recording 'ees: Deed $ 6.00 Mortgage $ Releases $ 12 00 (2) h nn l?.OO
1202 City/county lax/stamps: Deed $ Mortgage $
1203, State tax/stamps: Deed $ 372.00 Morlgage S 17? nn
1204
1205
1300 ADDITIONAL SETTlEMENT CHARGES
1301 Survey to EVANS T .ANn c:Tl1~' II\lh POC
1302, Pesl rnspec1ion 10
1303 CI'IY OF CLEARWATER-LIEN SEARCH ",nn
1304
1305
1400, TOTAL SETTLEMENT CHARGES (entered on lines lOJ, sectIOn J and 502, sect/on K) 6.00 949.00
ERTlFICA TlON: I hav~:IIY rev. Hup, 1 Selue"ent Stateme'A! ~ my knowledge and belief, It Is a true and accuj,! (sta~:m:tIf all receipts and disbllr7..;ron my account or by me In Ihls transaction. I '";lhercertlly
at! have receivtz '~'1( nl ~, ,j' Yh '/UF Ilui\ ..PUI-<:
hv: ("T'rY OF' ('T , A ' , tF' WR~'T'
Borrowers , V U . Sellers '-/
To llie best of my knowledge. The 'j,uo.t Settlement StaJj>ment~ I ha"e prepared is a true and accurate accounl of the funds whIch were received and have been or will be disbursed by the undersigned as part of the seUlement of this transaction.
.1 ~ ' r
Y/ {jk',/. ./:1 ,'jf,' " ".//' 7/;' ./ NOVEMBER 26. 1991
SeUlement A8enl,. '.,. Date
LLER'S AN lOR PU~CHASER'S BTA TEMENT Seller's and Purchaser's slgnalure hereon acknowledges hislthelr approval 0' tax prorallons and Signifies their understanding thai prorations were based on talles 'or Ihe precedln~ year, or estimales
r the curren 1 year, an .In Ihe event 01 any change 'or Ihe current year, all necessary adjustments must be mede between Seller and Purchuer; likewise any de'ault In delinquent taxes will be reimbursed 10 TIUe Company bY, t e Seller.
Tille Company, in its capacit~ as Esc,ow Agent. is and has been authorized to deposit aU 'unds it receives In this Iransacllon In any IInanclallnslllulion, whether affiliated or not. Such IInanclallnslltullon may provide Tit e Company computer
countinf and audit services d reclly or Ihrou~h a separate enllty which,lI affiliated with nile Company, ma~ charge the IInanclal Inslltutlon reasonable and procer comransation therelore end retain any prollts there'rom. Any escrow rees g:1d ':r. any
rly invo ved in this transaction shall only be or checkwriting and input to the computers, but not 'or a'oresa d accounlln~ and audit services, Title Company sha I not be lable 'or any Interest or other Charges on the earnest moner. and shall un er no
11y to Invesl or reinvesl funds held by it at any ti~~;S and Purchuers hereby acknowledge and consent to the depoe ollhe escrow money In Ilnanclal institutions with which Tille Company has or may have other bankin? re etionshlps and further
nsenl to the retenllon by Tille Company and/or ils ales 01 any and all benefils (Including advantageous interest rates on loans) TIIte Company and/or its aHlliates may receive from such financial inslltullons by reason 0 Ihet, maintenance olsaid
crow accounts. :dM:. at.l~ ~~; ~
The parties have read Ihe abo , ,Ie s, ref Ilha", ' Inions herei2t ma~gr.. to same, and recognize Title companf$; ~n ~. ~ 7 AJ~
Jrchaser'f1ly9wers Sellers ' ,I I'
.._.,..t.;l:J'X.J)E....C.Lf'l\RWAT~__-'__......J._.~____.___ , ,W ',ST, ...
F!., ~
C' American Land Title Association Commitment. 1966
-::'":" .':=--.:.~~:_.~_:;;,.-----
J
COMMITMENT FOR TITLE INSURANJE
ISSUED BY
.
-~'i.:---:-:"::I-'
~
91100053
~'(mniIY oj CuntrrTU
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 described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effecti~~.,()nly when the identity of the proposed Insured and the
amount of the policy or policiesGo~ffl~~ted for have been inserted in Schedule A hereof by the
Company, either at the time ofti:lei$$Yiir)ce of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature,
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
eJAadl%~
President
Company
City, State
Serial No, C. 9 912~ 787221
- _._.. I
005N Rev, 3/78
,.
I
I'
i. ..
CONDITIONS AI\!D STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed I nsured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition of I nsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE~ART TITLE
GU ARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
':,
~
C"
I
I
" ,
SCHEDULE A
mls
Commitment NO:-----
7ective Date of Commitment:
----~~ October 16, 1991
~--Q..Q.12 7 8 'l~._-_.
Yoll'f N6.~
--9-i-HHHl53
Prepared For: CLEARWATER,
at- 5:00 P.M.
FLORIDA
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1, Policy or Policies to be issued:
Amount
(a) D XL TA Owner's Policy
CITY OF
Proposed Insured: CLEARWATER, FLORIDA
(b) 0 AL TA Loan Policy
$
6 2 , 0.0.0........0 0
$
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:
DOROTHY F. WEST
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot 3, MAC DIXSON'S SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 3, Page 44 of the Public Records of
PINELLAS County, Florida.
Lot three (3), MAC DIXSON'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 3, Page 44 of the Public
Records of PINELLAS County, Florida.
Page 2
of 4
STEWART TrrI.....E
2552
GU ARANTY COMPANY
I
SCHEDULE B
I
ORDER NO:
91100053.
C-9912-78722'1
:. l'....
Commitment Number:
I. The following are the requirements to be complied with:
1, Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
~co~, Valid photo identification (ie: Driver's License, Passport) and
a) social security numbers required of all parties to the
transaction by the Insuror.
Satisfaction of that certain mortgage from DOROTHY F. WEST in
favor of FLORIDA SOUTHERN MORTGAGE CORPORATION, filed July 16,
1980 in Official Record Book 5047, Page 1710 in the principal
amount of $22,000.00 and being re-recorded in O.R. Book 5052,
Continued on next page
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company:
b)
II.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2, Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
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
the public records,
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured,
(f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any.
3. Special Exceptions:
(a) Taxes, Subject to Taxes for the year 1991 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/21672/000/0030
Gross Tax for the year 1990, $114.34.
2153 (Rev. 3/80)
Page 3
of 4
S'I'E,\\,AH.'I' TITLE
GUARANTY COMPANY
~ _.... ,r:
I
I
, -~
. ~
CONTINUATION SHEET
Order Number:
SCHEDULE _
B
Commitment Number:
91100053
C-9912-787221
SCHEDULE B - PART I CONTINUED
Page 87 and thereafter assigned to 1ST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF BROWARD COUNTY, on July 25, 1980 in Official
Record Book 5047, Page 1714 and being re-recorded in O.R. Book
5052, Page 91 all in the Public Records of PINELLAS County,
Florida.
c)
Satisfaction of that certain mortgage from DOROTHY F. WEST in
favor of THE CITIZENS AND SOUTHERN NATIONAL BANK OF FLORIDA
filed August 31, 1990 in Official Record Book 7366, Page 2262 in
the principal amount of $7,500.00, of the Public Records of
PINELLAS County, Florida.
d)
Warranty Deed to be executed from DOROTHY F. WEST, a single
woman to CLEARWATER, FLORIDA.
Page -4 of 4
0055
STEWART TITLE
GUARANTY COMPANY
CERTIFIED 10:
CITY of CL.eAR.t:Te~ I
5Te.WARt TITLE. (.oMfANY of c.LEARWA-re,~, INC~
S-n:WAR..T TITLE: ~ uA~f-JTE:e:. coMFANY
SECTION IS
10WNSHIP ~:>.
RANGE i'?e...
f::J
I,
U~IT'" of r<K -' { ~ ~
.--- ~ (l f'l'1)
r 1
'-/ ~
g q .
-:. ~
~W I
-~
II
~ .
--4
(1
L/
.
"-
o
\
f1~ ~G'
f~'t
150.0 (PLAT)
148.95 (M)
~
~, \
.Y&.
SIIZ
....... t;' J
~ ~ :>
..... ~
v L
~ 0
. W
~ 0 ~
\!\
I
, ~
2.~
SIlt
I~D, 0 {Pl.A.i}
14~. e+ (CALL. f !-t.)
o
HR.. J
Q.25~i .
O.00n,
~
~""'
~~
va>
q<o
o .
\1\~
\..0"'\
,,~~
'? ,Jt.~~
~'l.f/.,O ~o ~
lftP~
I,'l....
t"
TIN
SH E.D
1 '_,>\
\.0 I
t-v
V)o'
cd
:J
IJ)
,
~J.?
( Mr:s')
-'2
o
'11
o
~
I
I
30
~.. (~ptAr)
?- .
~..\
S7'P
I"
J I
'.-
I
1_-
.
l!.!
o!J
CJ
..{
fl.
:c
[(~
fff
qoUI-D ST~E.-r
A SURVEY OF lot 3, MacDixsoll' s
MacDixson t s Sulxlivisicn
AS RECORDED IN PLAT BOOK 03
COUNTY, FLORIDA.
Subdivision. AlSO DESCRIBED AS: lDt Tlu:ee (3) I
, PAGE(S)
44
, OF PUBLIC RECORDS OF PINELLAS
EVANS LAND SURVEYING INC
1. DESCRIPTION AS PROVIDED BY CLIENT
2. SURVEY WAS PERFORMED WITHOUT BENEFIT OF AN ABSTRACT OF TITLE
3. OTHER THAN SHOWN ON PLAT THIS FIRM MADE NO AttEMPT TO RESEARCH
INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS OF WAY.
AND/OR OWNERSHIP THAT MAY EXIST AND ARE NOT SHOWN ON THIS
SURVEY.
4. NO UNDERGROUND INPROVEMENTS WERE LOCATED
FCM .FOUND CONCRETE MONUMENT PCP .PERMANENT CONTROL POINT
FIP .FOUND IRON PIPE PRM .PERMANENT REFERENCE MONUMENT
FPP .FOUND PINCH PIPE CONC .CONCRETE
FIR .FOUND IRON ROD ESMT .EASEMENT
FNID .FOUND NAIL IN DISK DRN .DRAINAGE
SNID .SET NAIL IN DISK M -MEASURED
SIR -SET IRON ROD C .CALCULATED
2300 MAIN STREET
DUNEDIN FL 34698
UNIT H
813 734-3821
DATE
10-2.1-9 ,
INV NO
9' - '33
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON
MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6
OF THE FLORIDA ADMINISTRATIVE CODE.
:A.N FLORIDA REGISTRATION NO. 2937
I DER FLORIDA REGISTRATION NO. 4888
(SURVEY INVALID WITHOUT EMBOSSED SEAL)
nelurn 10: (enClose !IIelf-addressed stamped envelore)
I
91100053
WARRANTY DEED
IHOIVIO. TO INOIVIO.
I
Name:
Add,...:
"l'l'!~'" ',~~\
i~ > j ,~.;.: ' '. ~,~.
. MIKELL .L...,ST.. .._~E~.IN
This Instrument Prepared by:
. ''-'.';
~~: :' ",.
r" ~ :..j;)
t', ~) . >', ;', '.: ~: ~')
Add,...:
("!('~,:7"..t' ':".'~'" F~ "''''~l,ri
,~:,. i.'",::: ~::,.>::(~::~~,:.: ';:i~:':)""~'~'U:::~~~',I.':..i~.~.::.!
~,l) ''::'~'!:':';;';~I, !,,1' ~l '~,:~':':\ h~,".:r_hU,"~':f,.' ~,:,.'Fl"
Property Appraisers Percel Identification IFoliol Numberls):
Granteels! 5.S. lis):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
WJ,is .arrantu ittb Made the 26th day of NovePlber
OOROTIIY F. VlEST, a single woman
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748
A.D. 19 91
by
hereinafter called the grantee:
(Wherever WJtrd heretn the teMnl -grantor- and -grantee- Include aU the parties to thip instrument and the
holro. logal ropr...nl.atlv.. and ao.lgn. of Individual.. and tho .u..o.ooro and aoolgno or .orporatlon.)
.fturss tt~: That the grantor, for and in consideratiO'n of the sum of $ lO . 00 tLnd other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aHens, reml:ses,
releases, conveys and confirms unto the grantee all that certain land situtLte in Pinellas
County, State of Florida . viz:
Lot 3, MAC DIXSON'S SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot three (3), MAC DIXSON'S SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida.
Parcel no. 1~/29/15/2~672/000/0030 / /.a/ ml /- 0,1
Grantors soclal securlty number ~-,:r.% ---O~4~
(DOROTIIY)
WU!ld~tt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
Wu )laut anb tu Jlulb. the same in fee simple forever.
.Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized O'f said la,nd in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby wa1Tants the
title to said land and will defend the same against the lawful claims of a1l persons whomsoever; and tho t sa1:d land
is free of all encumbrances, except taxes accruing subseque.nt to ~ Noycmber 26, 1991,
11 111II .~ f and all ea.selllents and r:estridions-'oI rQcord.
n _itUtss .a,tttl1. tlte sata grantor nas stgnea ana sealea these presents the aay and year first above
written. )
'/
Signed ~nd d e in the presence of: ,.
/Ju~:
liD
Printed Signature
RONALD E. SO~ERS
Signature
/tJaL ~/.
r (5
~ ,/
'''''"'-::'-,
,~
M-~,,~,,\
/ /; At;: !u
Signature
fLU
Printed Signature
Signature
Poot Olli.. Add.....
Print<od Slgnaturo
STATE OF FLORIDA
COUNTY OF PINELLAS
, T HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforcsaid to take
acknowledgments, personally appeared DOROTIIY F. lVEST, a single woman
to me known to be the pcrson described in and
who executed the .r~regoi~g instrument and she acknowledged before me that ~ executed the same.
WITNESSr!1y;~all~ ~~dofficial seal in the County and State last aforesai hfs........---1.6t;;h day of vember . A.D, 1991 .
<':;~""'""'::..' , . & ,', ,....
} ~"/A~.' olAl')'
SEAL'" .
...~, :::r ,--
r.
PrinLed Notary Signatu.'O
My Commi..ion Explr..: RONALD E. SOMERS
Notary Public, State of Florida
My comm. expires Nov. 7, 1994
Carom. No. CC062246
f. " ,
,10 BE FILLED IN PERSONALL~
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
DOROTHY F. WEST
wr 3, l\1AC DIXSON' S s~1fVfsI8~ner-Borrower
Contractor (if new construction)
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (H none, so state.)
NAME AND ADDRESS &CURED ~RT}.4
t A..-' I': ' t2?U-
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
~ ~~}~;,tJ:"~ /
3. AU labor :"" material used in tbe ..nstruetion of improvements or repain on tbe 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 F SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount
/
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify th2.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or ndin o~thereo and would not purchase same or lend money thereon unless said representations were made.
SWORN TO A~RIBED BEFORE ME THIS
/ /)~~~
Notary Nblic in and for PINEUAS
26
day of
NOVEMBER
91
,19_.
My Commission Expires:
County, FLORIDA
"'///.- 7 ,- ;9~
Rev. 1/88
NOTE: This form is 10 be lisned by ..lie, in .... of 1&Ie. If 110 ..... it io '0 .. ..... by ... o_-borrower. If.hen is any new ",,'ruedon. .he ..n......or mUI' allo join in Ihis fo""
or lian a leparale one.
I
I
NON-FOHE.LGN CE.H'l'U'ICl\'l'lON BY INIJIVIlJUl\L 'l1U\NSF'EHOH
1. Section 1445 of the Internal ltevenue Code provides that a trd\ISferee ,-,f a United
States real property interest must withhold tax if the transferor is (j foreign person.
2. In ordot' La illfol1ll Lhe Lnllls[eree Lhut wlLhhohHnu or Lax i.s noL requIred upon the
disp:JS.i.UOIl by OORCYTHY F. WEST
of the United States real property uescribeu as [allows:
wr 3, MacDIXSON' S SUBDIVISION
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) am (are) not Ilon-resident alien(s) for purposes of United States income
taxa t.i.on aml.
(b) My Unilc-d States taypape~ identifying l111mber(s) (Social Security Number) is/are:
NN-1E SOCI^L s~"CU(n'l"i NUNDEH
fI /-<jgt:- f!-&Jdz)
It
fI
II
OORCYTHY F. WEST
(G) My home mklrcss 1a
(utttlched addJUOlltll page if necessary)
(d) There ore no other persons who huve nn owneJ:sh.ip .I.lIterest 111 the o!Jove-uescr.\.lell
property oLh8r thall those persollS set forth nbove in sublX'ragraph (b).
J. '.ll1e 1II1deJ:s.i.glled hereby rut"ther certifies ilIKl declares:
(a) I (We) understand that the purchaser of the above described property intends
to rely on the fOl:egoinu representations 111 connectIon with the lIn.i.ted SLaLes
{;'ore1gn InvesLment ill Heal Properly 'l'ax J\ct. (94 SlaLute 2G02 as wnende<.1).
(b) 1 (wn) understnlld L1d.s cerU.Licat:i.oll Ilny be llisclosed to L1m Il1tel'llal Hevenue
Service by transferee and that any false statement contained in this certification
lIli.lY Ix~ (11 1I1i.shed hy f.l.l\e, .I.lIlpd.HOlllllOllt Ot" h)th,
Under LxmD1lies of perjury I (we) declare I (we) have examined carefully this certi-
fication and it is LnJe, correct and complete.
Date
26. 1991
ut
PINELLAS
FLORIDA
~l1t~v
F. WEST
l. ,r
, .
S'lWl'E Ol~
COUN'l'Y m'
FLORIDA
PINELLAS
I IIElU!:OY CI~H'l'H"{ that 011 L1lls day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to lake aclmowlec1glllents, personally nppeared
OORCYTHY F. WEST
to me 'mown to be the perslJllS described in and who execuLed lhe foregoing .tnslnnnent
and they acknowledged before Ille thal they executed Lhe same.
WI'l'NESS my hand and oHicial seal in the Counly and SLate last aforesaid this 26
of NOVEMBER , 19 91
day
~~d~
NOl'ARY PUDJJIC //
MY C(}l'lISSION EXPlRF..s:/ / / - )
~/:.-
/'/
I
,
SO"",;,.. Ilf ('()1I'lfU"t
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
s~rI~W AI{~r ~1~I'l~I~1~
OF CLEARWATER
P.O. Box 2756
Clearwater. Florida 34617
(B 13) 441.2689
AlJlllORIZATION AND ACKNOWLEI:X;EMENT FORM
Reference:
FILE NO.
91100053
LEGAL
rm 3, MAC DIXSON'S SUBDIVISION
SELLER
OOROIHY F. WEST
BUYER
CITY OF CLEARWATER
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SE'ITI..EMENT STATEMEN'f - BUD FORM 1) and authorized disbursement
of funds as shown therein this 26 day of NOVEMBER , 1991. We further
acknowledge that we rmderstand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest infonnation available. If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. Stewart Title Company of Clearwater, Inc., will not be held
responsible. It is further rmderstood that Stewart Title Company of Clearwater,
Inc., carulot, at this time, assertain if there will be personal property tax on
subject property or an amount on which to base a proration. Any proration necessary
when tax bills become available will be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
'!HAT AIL UITLITY BilLS (WATER, SEWER, .EL.&:"lRIC, MAIN'l"mANCE FEES) HAVE BEEN PAID
OR WILL BE PAID UPON REX::EIPl' OF FINAL BilLS.
4tj/~ O:VM
I OOROIHY . WEST
/P/ ;:t/
mITIMB ~ ~
~..Jar:f: CITY OF CL WATER
SELLER'S FORWARDING ADDRESS:
BUYER'S FORWARDING ADDRESS:
/'
1'->6/ (Mia 9, tJt( r! 3~(,1 ~
Ha-lE PI-IONEtt /' ..yy~ ~-3a;)t/
WORK PHONE# ,/ ,-)~6 - 15'11
HCl1E PHONE#
WORK PI-IONE#
'lHIS IS TO FUR'lHER AUTHORIZE
GIANGES NECESSARY TO '!HE CLOSING STATEMENT.
;/ III
TO APPROVE. ANY
STEWAR'f TITLE COMPANY -OF CLEARWATER, INC.
BY:V; ilhlcJ;lblnJ7D/J
{. '
I
,
....,("'d',~ 0/ (()IIt",,-t
RONALD (RONI E. SOMERS
President
S'l'EW AI.{~r 'l'rl'LE
OF CLEARWATER
P.O. Box 2756
Clearwater. Florida 34617
(8131 441.2689
1290 Court Street
Clearwater, Florida 34616
D I S C LOS U R E
We, the Owners of that certain real property located at
Im' 3, MAC DIXSON'S SUBDIVISION
Pinellas County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property.
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially effect the value or
desirability of said property, except as set forth above, I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer.
/W~ /f~,~
#~/
1 tness '.
RONALD E. SOMERS
STATE OF
COUNTY OF
FLORIDA
PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
26
DAY OF
NOVEMBER
, 19 91 ,
My Commission EXPires:~
/ ~d,~
"
Notary Public
. I
INFORMATION FOR REAL ESTATE 1099-S REPORT 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: 91100053
Taxpayer 10 Number:Seller l~~h~~ Seller 2
Taxpayer ID Type: 2(1 = business, 2 = individual)
SELLER 1 NAME:
Last:
WEST
First & Middle:
DORCY.rHY F.
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
~ / ~ ~- 12
SELLER 1: .... ... _ .
Stryt: ",/1'1 6/ ~ IrAvv !J: . ~~ '1.0
City: r!(fArt{./~ . S~te: tc::/
&~Jtl(w ~/ -.1f'66-
Zipr-code: 3,9'L(/5--
SELLER 2:
Street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
NOVEMBER 26, 1991
Contract Sales Price: Seller 1 -
62,000.00
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address: 314 S. MADISON CLEARWATER, FL 34616
Legal Description:
LOT 3, MAC DIXSON'S SUBDIVISION
Under penal ties of perjury, I, DOROTHY F. WEST
(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 tha; wil~_be sent to me and to. the Internal/~enue Service.
Date: /)1,.:( b 7'/ Seller - 1 S1gnature: -;;:It #AtJ~ F~/A"/
DOROTHY F.
Date: Seller - 2 Signature:
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name:
STEWART TITLE C<:l'1PANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT STREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918