TRUMAN SIMS
Name:
.. Ret.'n \0: (enclose seK-addressed stamped erwelope)
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Adcl<.s.:
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INST t 91-205823
JbY 31, 1991 5:52PM
PINELLAS COUNTY f~LA
or',,- R'E-" "n ·
_=--~~u-. ._L. BK 7639 PG ~529
91060112
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This Instrument Prepafed by:
Address:
ij:~:J L':H~d L~tfe{t.
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Which IJi:'i?n~n;*;ftit .v' J.] prq:~:'in~(j k;d(!ent.i1,t
to nr'.ting ~Jf Sf Title I;1su.niUJ(.~ Fohcj.
Property Appraisers Parcel Identification --(Folio) Number(s):
Grantee[s) S.S. #[s):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
;- ;,'
SPACE ABOVE THIS LINE FOR RECORDING DATA
mItis JIlIarrantv lIeeb Made the - 31st day of July, A.D. 19 91 by
TRUMAN SIMS, a married man
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. BOX 4748, Clearwater, Fl. 34617-4748
hereinafter called the grantee:
(Wherever used berein the terms .grantor. and .grantee. include aJl the parties to this instrument and the
beirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
_itntlllldJy: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby crekncrwledged, 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 Ten (10), Block One (1), W.F. HUGHEYS SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book 1, Page 70, of the Public Records of Pinellas
County, Florida.
ALSO DESCRIBED AS:
/ Lot 10, Block 1, W.F. HUGHEYS SUBDIVISION of Lot 8 of R.H. PADGETTS SUBDIVISION of
SE 1/4 of NW 1/4 of Section 15, Township 29 South, Range 15 East, according to the
Plat thereof as recorded in Plat Book 1, Page 70 of the Public Records of Pinellas
County, Florida.
Parcel no. 15/29/15/41688/001/0100 Grantors social sec. 1I~(p -18 ~(p Z5? / (TR
mngdJytt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
mn Bant anb tn Bnlb. the same in fee simple forever.
Anb the grantor hereby cavenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes crecruing subsequent to~ July 3~1' 1991, and
In _itntllll _Jytttnf. the said granfo5ffjl6,W~rln~ifIA~ s~are~trs~}J~.IJren~f tieecfa~rarid year first abave
written. ** PROPERTY IS NOT THE PRINCIPAL RESIDENCE OF THE GRANTOR, HE IN FACT RESIDES A
Signe, ealed anddeliv,eredin e p'tesence of s-s-Il.o~s $r..:tt-30c;.- e:/..IEAIUo~rt=lS ;::45~W
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KM~LEEN F. DEBLAKEB'~
RECORD tJER I F I ED BV:_ "mn-
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Post Office Address
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Printed Signature
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared TRUMAN SIMS, a 'married man
to me known to be the person described in and
who executed the foregoing instrument and he acknowledged before me that he executed the same,
WI'INES8 my hal!d ~nd official seal in the County and State last v;: a~ esaid this, 31st day o( A .>!Ply, A,D. 1991 '
. - , _1 Me-/~~,-
-- Notary gnature
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P~tary Signature
My Commi~ion Expil"ee::
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: MAR. 2,1993.
iloNDEO THRU NOTARY PUBLIC UNDERWRITgRS.
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A survey of: lDt 10, Block l, W. F. HUGHEY'S SUBDIVISION, accordinq to the map or plat
thereof as recorded in Plat i3cx:>k 1, Page 70, of the Public Records of pine11as Cormty,
Florida.
AISO DESCRIBED AS:
lDt 10, Block 1, W.F. HUGHEY'S SUBDIVISICN of lDt 8 of R.H. PAIXiE'IT'S SUBDIVISICN of
the SE !4 of Section 15, 'I'cMnship 29 South, Range 15 East, according to the Plat there-
of as recorded in Plat Book 1, Page 70, of the Public Records of Pine11as Cormty, Florida.
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
OWN. BY: ~
INV, NO,: 9'- ~?lD
EVANS LAND SURVEYING
2.300 MAIN STREET - UNIT' H
DUNEDIN, FLORIDA 34698 PH: 134 - 3821
f$ouN DAR'! SVJf:-YfE.y Or-J L,/
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DATE: 7- o'}-~ ,
~". t>E~C.. : 1-30-9'
''Truman Sims
I ~V''4.ri.ACI '-:OR SAL~ J..ih' .'n'~''''f=
(Phone
,('~"),
),
Ci tv of Clearwater ,("Buver"),
If P . 0 . Box 4748 (Phone l,
18reby agree that the Saller shall sell and Buyer shall buy the fallowing real property ("Real Pr()~") and personal property ("Personalty") (collectively ".Eroperty") upon the following
:erlllllllldconditlons which INCLUDE the Standards lor Real Estell< Transacl,ons pnr.led on the revarse or attached ("StandardlSI") and allY addendum 10 thiS Instru"",n\.
DE8CRIPTION: (a) Legal description of Real Property located In pine1las County, Flonda
W. F. Huqhev's Sub. Block 1. Lot 10
,(b) Street address, city, zip, 01 the Property is:
(c) ~l8Onalty:
.
1164 Brownell Street. Clearwater. Florida 34616
PURCHA8E PRiCE".."..,.,..".".",.".,."..,..".,.".".""."..,."...:"",.,..,
PAYMENT:,
(8) Dfposil(s) to be held In escrow by
(b) Subject to AND assumption 01 mortgage In good standing In lallOr 01
~
.
""..,..,....",.."",..",..,..,..,.",....."....,.....,$
35,145.00
in the amount of
$
having an approximate present principal balance 01 $
(e) Purchll88 money mortgage and morlgage nole beafing annual inlerest at % on terms set tOllh he,,,,n, in amount 01 """, ., $
Cd) Other: $
(I) Balancl 10 oloae (U.s. OUh, L.OCAU.V ORAWN carlllled or cashler'a oheck), lubjecllO adJullmenl8 and prorlltions """"""""""", $ 3 5 . 145 . 00
II. nUE FOR ACCEPTANCE: EFFE VE DATE: 1/ this offer is I executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing belween the parties
ltI Of befol& , the deposit(s) will, at Buyer's opllon, be returned to Buyer and the offer withdrawn. i
-~ date Qi this Contract ("Effective Date") will be e date when the' last one 01 the Buyer and the Seller has signed this ,offer.
v.,' FINANCINQ: (a) 1/ the purchase price or any ~~rt.~f it is to be linanced by a third party loan, this Contract tor Sale and Purchase ("Contract") is conditioned on the Buyer
bt.IInIng 8 written commltmenllor the loan within NLA days Irom Elfecllve Date. at an IIllllallnterest rate not to exceed %;,term of years;
.nd In the principal amount Qf $ . , Buyer will make application WIthin days Irom Effective Date, and use reasonable diligence to obtain the loan com.
llileI!t and, thereafter, to meet tho terms and conditions 01 the commitiment and to close the loan, Buyer shall pay all loan expenses. 1/ Buyer lails to obtain the loan commitment and,
lfOIllPIlY notifies Seller In writing, or alter diligent elforHails to meet the terms and conditions 01 the commitment or to waive Buyer's rights under this subparagraph within the time
ilated lor Obtaining the CQI11m1tment, \tIen either party may cancel the Contract and Buyer shall be refunded the deposit(s), ' ..
(b) The plltlng mortgage descrtbed In Paragraph lI(b) abOl/8 has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate 01% per annum.
~t tlmt Qf title transfer somellxed Interest rates are subject to Increase, 1/ Increased, the rate shall not exceed 0.. per annum, Seller shall, within _
~ from Ef/ectlve Ostl, furnish. statemant from all mortgag&es stating principal balances, method 01 payment, interest rale and status 01 mortgages, 1/ Buyer has agreed 10 assume
~ mortgIge which requires 8PP/'Clll81 of Buyer by the mortgagee lor assumption, then Buyer shall promptly obtain aU required applicatlonll and will diligently complete and return them
:) the mOrtgagee. Arr>J mortgagel charge(s) not to exceed $ shall be paid by (II not filled in, equally divided}, If the Buyer Is not accepted
)'1 1'IIClrfIJIOM, or the ~IAlme"tI for usumptlon are nol In acCQrdance with the terlll$ 01 the Contract or, morlgagee makes a, charge In excess 01 the stated amount, Seller or
iIJ)'t, II'lIV reaclnd !hit ContrllCl ~'1 wrltt.n nollc. tQ the other party unlels either elects to pay the Incres.e in interest rate or excess mortgagee charges,
I. TITUIIVIDINC, II Alleall, dlys belfore closing date. Seller ahaH, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check, (1)
ir (a)): (1) CJ IbatrllOt of tltl, OR (2) title Insurance commitment, . :
II. CI.OIING DATE: This Iran*tion shall be closed and the deed and other closing papers delivered on 7 - 3 ] - 91 , unless extended by other provisions of Contract.
'11. RIITRICTIONIIIAlIMINTlI UMITATIONSI Buyer ahalllaka 1iI1e IUbject to: zoning, re:itrictiollli, prohibilions and other requirements imposed by governmental authollty; re.trictions
I'Id maltere appearing on the plat or othlrwlee colnmon to lhe IIUbdlVlalOl1; public ullllty easements of rtlcord (easements are 10 lie localed contiguous to Real Property lines and
~ ITlOreJhan 10 1881 in width as 10 the rear or fronl linea and 7 ~ I..t in width a. 10 lhe Iide Ilne8, unleas otherWIBU specified herein); taxes lor yl8r of Closing and llIbaaquent
N/'8; usumed mortgages and purohliee money ITlOrlQilg8li, II any; other:
. rovtdad, that there,exlala at oklaIng no violation 01 the loregoing al'ld none of them prevents use 01 Real Property lor CODUDerC1a~ purpose(s),
IIU. OCCUPANCY: Sailer warranta that there ere no parties in ~y olher than Saller, but II Property is intended to be renled or occupied beyond closing, the lact and terms
-..of shaH be stated herein, Bn(l the tenant(s) or occupants di<<lJised pursuant to Standard F, Seller agrees to delllltlr occupancy 01 Property at time 01 closing unless Qtherwise
!8ll1d heNin. " occupancy Is to be tleIivered belore closing. Buyer assumes all risk 01 loss 10 Property lrom date 01 occupancy, shall be responsible and liable for maintenance Irom
lllt elate. and shall be deemed to have a<;wepted Property in their existing condition as 01 time ot taking occupancy unlllss olherwise stated herein or in a separate writing.
X. TYPlWRITTEN OR HANDWRITTEN PROVI810NS: Typewritten or handwntten prollisions shall control all printed provisions of Contract in conflict with them,
{. lNaULAnON RIDIR: 1/ Cclnlract Is utilized lor t~ sale 01 a new residence, the Insulation Rider or equivalent may be attached,
;i~,i ,;(1. ~AL CONSTRucmONCONTROL UNE (-CCCL-) RIDER: 1/ Contract is utilized lor the sale of Property af/ected by the CCCL, Chapter 161, F,S" (1985), as amended.
p."",,iti:l'>""'~.an. CCCL Riqar Of equivalent may be atliCliid to this Contract.
~J " ,'~. ' - .
01':;' (I. .PORIION INVESTMENT IN REAL PROPEA1'-Y TAX ACT (-FIRPTA-) RIDER: The parties shall comply with the provisions 01 FIRPTA and applicable regulations which could
ii,: ~ SeIter to provide additional ,cash at closing to meet withholding reqwements, and the FIRPTA Rider or eqUlvalllnl may be allached to this Contrac\.
.",. , . .
,i, . :11. A88IQNA8IUTY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) aa may nol assign Contract
~;IY. 'Pl/CIAL CLAUSES: (CHECK (1) or (2)): Addendum ( 1) 0 is ettached OR (2) ~ is not applicable,
,"
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAA.
ApptovaJ does not conslltule ill opinion thaI any oflhe lenns and conditions in IhIs Conlnlct should be accepfed by Ihe parties in 8 particular Uansac/ion, Terms
and conditions should be negotialed based I.4POfl the I8Spf1CIIlIe interesls, objeclives and batg"ining posIlions of al/ inlerasled {>BrSons,
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC,
~~rj11 Date
"v~ ~ ~-<?-9/ Dale
(Sell..r)
:\ecial Security or Tax 1.0 ~-I t,.4> 291
Date
( Seller)
Date
~sioner
Social Security or Tax 1.0, '"
,iF ~~YHA~~MJBJECT TO CLEARANCE.
~E~'S FEE: (CHECK & COMPLETE THE ONE APPUCABLE) By:
J IF A USTING AGREEMENT IS CURRENTLY IN EFFECT: '
s....- agrees to pay the Broker named below, Incll.ding cooperaling sub. agent.. named, according to the terms 01 an exisllflg, separate Ilbtl/lQ agreerllen!:
(Escrow Agent)
,'I
] IF 1 L1anNG AGREEMENT IS CURRENTLY IN EFFECT:
'11f1 ahaIl pay the Broker named below. at time 01 closing, Irom the disbursements 01 the proceeds 01 the sale, compensation in the amount of (COMPLETE ONLY ONE)
'll. 01 gross purchase price OR $ , lor Broker's services in ellecllng the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing
Jfltraot. II Buyer fails to Jl8I:form and deposit(s) is retained, 50% thereol, but not exceeding the Broker's lee above provided, shall be paid Broker, as lull consideration lor Broker's
"Vices Including costs expendet:l by Broker, and the balance shall be paid to Saller If the transaction shall not close because of relusal or failure of Seller 10 perlorm, Seller shall
'I the full lee to 8roker on demand In any litigation ans'ng out of the Contract concerning the Broker's tee, the prevailing party shall reCOllllr reasollable allorney fees alld costs,
(auttlclrllad signatory)
(name 01 cooperating sub-agent)
Edward J. Henrv
~~.A._"""'_' ~
- (Seller)
Blan-Edwards REalty,
(firm name 01 Broker)
Inc.
(Selk,,)
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: ( 1) An nbstract of title pmpared or broltOht current by a reputnble and existing abstract firm (if not existing then certified as correct by an existing fin
purporting to be nn accur'te synopsIs of 111') instr L1ments affecting title to neill Property reco.ded in thf! public rocords of the county wherein Real Property is located, through Elfecti
Date and which shall corrll"ence with the earliest public records; or such later d:lte as may be customary in the county, Upon closing of this transaction the abstracl shall becor
Ihe property of Buyer, subl8Cl 10 the riqht of mlention thereof by first mortgagee until fully pnid, (2) A title insUr:1nce commitment Issued by a Florida licensed litle insurer agreei
10 issue to Buyer, upon recordinq of the deed to Buyer, an owner's policy of title insurance, in the amount of the nurchase price. insuring Buyer's title to Real Properly, subject or
to liens, exumbmnces. exceptions or Qualification set forth in this Contract and those which shall he disch;u-ged by Seller at or before closing, Seller shall convey a mart<etat
title subject only to ,liens, encumbrances, exceptions or Qunlifications sel forth in Contmct. Marketa"'.. title shall be determined according to applicable Tille Standards adopted I
:lUthonly of The Florida Bar and in accordance with law, Buyer shall have 30 days, if abstract. or 5 days, ,I tille commitment, from date 01 receiving evidence of title to examh
il If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s), If the defect(sl mnder title unmark"table, Seller will have 120 days from recel
of notice Within which to remove the defect(s), laili(lg which Buyer shall have the option of either accepting the titla as it then is or demanding a refund of deposit(s) paid whir
shall immediately be returned to Buyer: thereupon Buyer and Seller shall rele:lse one :lnother of all lurther obligations under the Contract. Seller, will, il title is found unrnarketab'
use diligent effort to correct defect(sl intille within the time provided therefor, including the bringing of necessary suils,
8. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provid!l for a 30 day grace period
the even I of default if a first mortgage and a 15 day grace period il a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; sh
not permit acceleration or interest adjustment ill event of resale of Real Property; shall reqUire all prior liell and encumbrances to be kept in good standing and lorbid modlficatlo'
01 or future advances und!5r prior ~r4gage(5); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only I'8qUi
clauses customarily )~Dd in nlOclg<lges, m6r{gil'lB notes, ilnd security agreements generally utilized by saving and loan institutions, or state or national banks located in the coun
wherein Real propert\( i1: .tociKed All "1'!r~9IlallV and leases being conveyed or assigned will, at Seller's option, be subjecl to the lien of a security agreement evidenced by recoro.
financing statemel~~!:If:a'baHoon morl.gage, HJ?1inal payment will exceed the periodic paymenls thereon,
C, SURVEY, Buyer, al Buye~'s expl!!l,oie, withnJ lime allowed to deliver evidence of titte and to examine same, moy have Reol Property surveyed and certified by a registered Ficm
wrveyor,lf s,!Jnltly sliows enero<1ch~1r'JI1 R8~J Pmpf'rly or th:lt improvpments toca"~d 011 Real Property QnCro,1Ci'1 on setback lines, easl'Jments, lands 01 others. or violate any restrlctior
Contrael covenanls:or applicable gov~~iliw"'lal r',qulatl<)ll, Ihe same sh1f1 constitute a tille delect. ) ! ,
D. TERMITES'1!Yver, at Buyer's e,,)..mse, withiil Jime allOWf!d to d'lliver evidence of lille and to examine same, may have Real Property inspected by a Florida Certified Pest Cont'
Operator to de~rLJlille if there 'is an\lVisible iltl~ t'lrmite infeslatlon or visible exisling,.damage from termite, infestation in the improvements. If either or both are found, Buyer y
11ave 4 days' frem.1j3le of written -oolice ther~~, will' " which to h,~ve all damages, wnether visible or not, inspected and estimated by a licensedbuikler or general contractor, Sell
-Mil pay valiti-.costs OItreatmenl "no:l repair ,or"...1I l1amage up 10 21', ~ (1irchaset,price: Should such costs exceed thai amount. Buyer shalf have the option of cancelling Contra
'NllI' n 5 d"yS 'Iller recerpl of contracto(s' n!pint eslllTlale by giVing wr!t1en.notice Hto Seller or Buyer may elect 10 proceed with the transaction, in which ev~nt Buyer shalf rece;,
a cr :dit :It r::losing ot an amount .e'ltlar to 1he-101;11 of the treatment and rep:llr .:stlmate not in excess of 2% of the purchase price, "Termites" shalf be deemed to include all woe.
d'lstroyi.v;J 0rganisrns requirc(l to ~ re)x;rtcd linde' Ih0 Florida Pest Control Act,
E, INGRE&S AND EGFnrS$: Seller warrants and represents that there is ingress and,egress to the Real Properly sufficient for the intended use as described in Paragraph VII heree
!ille to which is in accordance WIII, SlancLlrd A,
F, tEASES: Seller shall, not less than 15 Jays before closing, furnish to Buyer copies of all written leases and esloppel letters from each tenant specifying the nature and duratic
vf .ht. lenant's occup"ncy, r8nlal ratf,s, advanced rent and security depOSits paid by leilani, If Seller is unable to obtain such leller from each tenant, the same Information shah t
'urnished by 5eller to Buyer w,thin Ihal time peri'Jd in tho form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information, Seller shall. at closln
dUlv,'r and assign all original leases 10 Buyer. .
'G,L1ENS: Sei:,r shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, 01 any financing statements, claims of,lIen (
potential lienor::; known 10 Seller and furlhFlr attesling that ,there have been no improvements or repairs to Property for 90 days Immediately preceding date of closing. II Propert
has been improved, or rppaired w,thin that time, Seller shall deliver releases or waivers of mechanics' liens executed by alf general contractors, subcontractors, suppllers,and materialme
in addition to S:3l1er's lien affidavit selling forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for ifl'1l)lOV8lTl9lt
or repairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing,
H, "LACE C1F CLOSING: Closing shall be held in Ihe county where Rea: Property is located, at the olfice of the attorney or other ctoslnu agent designated by SeNer. .,:"
I. nME: Time is of the essence 01 this Contract. Time periods herein of less than, 6 days shall in the compulation exclude Saturdays. Sundays end ,ltale or neIIonII ... ,~;.,;~;
"nd any tilT' period provided for herein which shall end on Saturday, Sunday or legal holidey shall extend to 5:00 p,m. of the next business day, '
J, DOCUMENTS.FOR CLOSING: Seller shall rurnish deed. bill of sale, mechanic's lien affidavit, aSSig~ments 01 leases, lenant a~ mortgagee estoppelleltefs, and corrective tnstrumenb
! 3,:yer shall furnish closing statement. mortgage, mortgage note, security agreeme,'t, and financing statements,
K. EXPEN~'ES: Documentary stamps 9n the dE'ed and recording corrective instruments shall be paid by Seller, Documentary stamps, intanglbla tax and recording purchase mone
, mortgage to Seller, deed and financing stalements shall be paid by Buyer, ='
i .1
i L, PRORATiONS; CREDITS: Taxes, assessments, rent, interest. insurance and other expenses and revenue ,of ~perty shall be, prorated through ,day before ctosing, Buyer shall,hav'
Ihe option of taking over any existing policies 01 insurance, if assumable, In which' event premiums shall be pe-riIted, Cash at closing shall be'lncreased or decreased as may b
I "Quired by prorations Prorations will be made Ihrough day prior to occupancy it occupancy occurs belore closing. Advance rent and securily deposits wHlbe credited to Buyer an-
"scrow deposits held by mortgagee will be credited to Seller, Taxes shall be prorated basad on the current year's tax wllh due' allowance made for mAXimum allowable dlscourr .',
homestead and other exemptions, If closing occurs at a date when the current year's millage Is not fixed, ,and current year's assessment is available, taxes, will be prorated bale
upon such assessm'3nt 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. II there are completed improvlIIn8nt
on Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based UIIIOIl the prlc
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 asseasmel
taking Into consideration available exemptions, Any tax proration based on an estimate may, at request of either Buyer or Seifer, be subsequently readjusted upon receipt of tax bi'
'In condition that a statemenl to that effect is in the closing statement. .'
M, SPECIAL ASSESSMENT LIENS: ,Certified, confirmed and ratilied special assessment liens as of date 01 closing (and not as of Effective Date) are to be paid by Seller, Pendin
liens as of date of closing shall be assumed by Buyer, If th'l improvem~!I1t has been substantially completed as of Effective Date, such pending lien shall be considered as cerllflet
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 lascia and soffits) and exterior and Interior wall'
do not have any VISIBLE EVIDENCE 01 leaks or water damage and that the septic tank, pool, all major apptiances, heating, cooling, electrtcal, plumbing systems and machinery ar'
in WORKtNG CONDITION, Buyer may, at Buyer's' expense, have inspections made of those items by an appropriately Florida licensed person dealing in the conetructton. repair 0'
~laintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to delects together with the cost 01 correcting tMm, prtor tt
3uyer's occupancy or not less Ihan 10 days prior to closing, whichevp.r occurs first. Unless Buyer reports sueh defects within that time Buyer shall be deemed to have walved Seller"
warranties as to defects not reported, If repairs or replacement are required, Seller shalf pay up to 3% of the purchase price for such repairs or replacements by an apProprlale~
Florida licensed person selected by Seifer, If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay SUCh excess, falling wt\tel
dher parly may ca~1 this Contract. If Seller is unable to correct thedelects prior to closing, the cost thereof shall be paid Into escrow at closing, Seller wlli. upon rea9Ol'lllblt
notice, provide utilities service for inspections, Between Effective Date and the clOSing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio'
h('rein warranted, ordinary wear and tear excePted, Buyer shall be permitted access for Inspection 01 Property prior to closing in order to confirm-compliance with thll Standalt:
I 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.'
'. j ,jamaged, cost of restoratio!1 shall be an obligation of the Seller and closing shall, proceed pursuant to the terms of Contract with restoratloncol'ts escrowed al Closing, If the COl;
or restoration exceeds 3% of the assessed valuation of the impro'll'ments so damaged, Buyer shall have the option of either taking Properly as is. togelher with either the 3". C
any insurance proceeds payable by virtue of such loss or damage, or 01 cancelling Contract and receiving return of deposit(s), ' '
I p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If abstract. evidence oflitle shall be continued at Buyer's expense to shov
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the dale of the last evidence, Proceeds of the sale shall be held In escfO\'
by Scller's attorney or by such other mutually acceptable escrow agent for a period of, not longer than 5 days, rrom and after closing date. II Seller's title is rendered unmarkatabk
!through no fault of Buyer, Buyer shall, within the 5 day period, notify Sell~r in writing of the defecl and Seller shall have 30 days from date 01 receipt of such notification to cur'
the defect. If Seller lails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be relurned to Buyer and simultaneously wlli
I ~uch r!\payment, Buyer shall return Personalty and vacate Real Property and reconvey It to Seller by special warranty deed, II Buyer fails to make timely demand for refund, 8uyP
"ilall take title as is; waiving all rights against Sellm as loony intervening defect except as may be available 10 Buyer by virtue of warranties contained in the deed. II a perl/o'
i ,I the purchase price is to be derived from institutional, financing or refinancing. r'lQuirements of the lending institution as to place, time 01 day and procedures for closing, and fa
,i di~;blJrsement of mortgage proceedS shall control over contrary provision in this ConlraCt. Seller shall have the right to require from the lending institution a written commitment tI1<1
it will nol wilhhotd disbursement of morlgage proceeds as a result 01 any title defect attributable to Buyer-morl9agor, The escrow and closing procedure required by this Slandar'
nay be waived if title agent insures adverse matters purs,uant to Section 627,7841, FS, (1987), as amended ~
0, ESCROW: Any escrow agent ("Agenl") receiving furlds or FlQuivalenl is authorized and agrees by acceptance of them to deposit them promptly, hold same In escrow and,sublec
to clearance, disburse them in accordance with terms and condiliol15 of Conlract. Failure of clearance 01 funds shall not excuse Buyer'S performance, If in doubt as to Agent's dutle
" liabilities under the provisions of Contract. AgFlnt may. at Agent's option. continue to 110ld the subject mailer of Ihe escrow until the parties mutually agree to .lls dlsbureemen,
r \Jntil a judgment of a court of competent jurisdiction shall determine the rights 01 the parties or Agent may deposit with the clark 01 the circuit court having Jurisdiction of lh'
:i~:~ute, Upon notifying all parties concerned of sLlch aelion, all liability on the pari of Agent shall fully terminate, except to the extent of accounting for any items previously delivere'
,)'." of escrcw, If a licensed real estate brol<er, Agent willcolTlfJly wilh provisions of Chapter 475, F.S, (1987), as amended, Any suit between"Buyer and Seller where Agent Is mad,
1 ; l~rty because of 'acting as Agent hereunder, or in any suit wherein Agent i11lerpleads Ih.. subject mailer of lhe escrow, Agent shall recover reasonable attorney's lees and co.l~
: ,If''?d with the fees and cosls to be charged and assAssed as court costs' in favor of the prevRlling party, Parlies agree Ihat Agent shall not be liable to any party or persol
'r mi3delivery to Buyer or Seller of items subject to this escrow, unless such misdeliv'lry is due to willful breach of Contract or gross negligence of Agent.
, , ATTORNEY FEES; COSTS, In any liligalion arising out of this Contrilft, the prev3iling party shall be entitled 10 recover reasonable attorney's fee:1and costs,
I ; FAILURE OF PERFORMANCE: If Buyer lails 10,perforlTl this'Contrilct within the time specified (including payment 01 all deposit(s)), the deposit(s) paid by Buyer may be relaine'
, , or, for the account of Seller as ilgr(!",<I, upon licWid'1t"d <I:llTlages, consideration for Ihe execution of this Contract and in lull settlement of any claims; whereupon, Buyer and Selle
,,,111 be relieved of all obli<Jatio~s Linder Contract; or Sell()r, at Soller's option, may proceed in equity to enforce Seller's rights under this Contract. II" for any reason other than failurr
, :3sller to make Seller's title markel3ble after dillgenl ellort, Seller fails, neglc:cts or rofuS8S to perform this Contract, the Buyer may seek specific performance or elect to racei'"
, ,;~ return of Buyer's depostl(s) without 1I1ereby waiving a'lY action for ,jdn"lLJeS resultin'J from Selle"~breilch,
CbNTRACT NOT RECORDABLE; PERSONS BOUND; tIOTICE: Np.ither this Contract nor any notice of, it sh811 be record€'d in any public recordS" This Contractshafl blnd an'
ire 10 the benefit of the parties and Ihelr successors In interest, WhHnever t.lle conlext permits, singular shall inClude plural and one g'3nder shall include all. Notice given by 0'
"',8 attorney lor ~ny party Sh,,11 be as ell,)dive ,IS if qivpn by (0,' 10111,1' party,
SaNVEYANCE: S,~I'N shall convey title to R,>al Property by st,lllJl,)ly wamlllly, trustpFl'S, personal represent,ltiv8'S or gU8rdian's deed, as appropriate to the status 01 Seller, SlJbjec
_ I ('1 matters Gontaili"d in PnrRqraph VII alid 'h,-'ce otherwisp clcu'pl"d by 81lY8r, Pl'lrson"lty shal,l, at request of Buyer, be transferred by an absolute bill of sale with warrant~
@e, subiect only to such matters as lTlay be otherWise prOVided for herein,
OTHeR AGREEMENTS: No nrior or rrFlsent WlY8p.mpnls or repr"s""'~tiOIS sh"II he hindir1/] npon BIIYp.r or Seller unlFlssincllJded in this Contract, No modillcatlon or change h
, Contr'(\cl sh~1I bl!l vnlid or 1,,,,o1inq upon Ill., 11,'1 Ii.,,) ""IFlSS in writil1'l '~'~",,'cllled hy lh" p,lIly or p:lrlir's int~nded tf) be bound by it,
WI:RRANTIES: S~lIer WMra.,ts that thpre 3re no f'1Cts known tn :;,'Ih:,r mat~nally '''''rtinq the v:-lhJ" of t11"! Real Pr>:lpArty which arFl not readily observable by Buyer or whlel
:1:' not been dh,/:IOSt1lj to 8uyt')r.
(
I'
j 110991
A,---~-'JJ:s: DEPARTMENT OF HOUSING AND URBA'EVElOPMENT ---------,--0. TYP(OF LOAN
l,OFHA 2 0 F HA 3. 0 CONV, UNINS_
" , 4, OVA 5, 0 CONV, INS,
6, FILE /7, LOAN
NUMBER 91060112 NUMBER
8, MORTG, INS, CASE NO
C, NOTE: This fOfm is fUfnished to tve you a statement of actual seltlemenl cosls, Amounts paid to and by the seltlement agent afe shown, Items mafked
("p,o,c,") wefe paid outsi e the closing: they are shown here fOf infofmation pUfposes and are nol included in the totals,
D. NAME OF BORROWER: CITI OF CLEARWATER, FLORIDA
ADDRESS:
E. NAME OF SEllER: '!RUMAN SIMS
ADDRESS: SELLER TIN:
F. NAME OF LENDER: -
CASH TRANSACTION
ADDRESS:
G. PROPERTY LOCATION: rm N, B"LK T, W~F. I--lT ::;UB Oi" LUT ts Oi" l{. H . IJAI ,.I..::> srn
a/k/a 1164 BROWNELL STREET, CLEARWATER, FL 34616
H. SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT STREET
-- - 1<'1" ":lAt:;lt:;
PLACE OF SETTLEMENT: I. SETTLEMENT DATE: -
STEWART TITLE COMPANY OF CLEARWATER, INC.
ADDRESS: 1290 COURT S~ JULY 31 1991
CLEARWATER, FL 4616 212th DAy OF YEAR
J. SUMMARY OF BORROWER'S TRANSACTION ' , K, SUMMARY OF SELLER'S TRANSACTION
100, GROSS AMOUNT OUE fROM BORROWER: 400 GROSS AMOUNT DUE TO SElLER:
101. Contract sales price 35,145.00 401 Contracl sales price 35,145.00
102, Personal property ~02 Personal properly
103. Selllemenl charges 10 borrow (line 14001 6.00 403
104, 4D4 !
105, 405
Adjustments IOf items paid by sellef in advance: Adjustments fOf items paid fOf sellef in advance:
106, City /Iown taxes 10 406, Clty/lown taxes 10
107. County taxes to 407. County taxes 10
108, Assessments to 408 Assessments to
109 10 409 to
110, to 410 10
111. ~11
112 412
120, GROSS AMOUNT DUE FROM BORROWER: 35,151.00 420 GROSS AMOUNT DUE TO SElLER:: 35,145.00
200, AMOUNTS PAID BY DR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SELLER:
201, Oeposit or earnest money -0- 501, Excess depOSit (see instructions)
202, Principal amounl of new loan Is) 502, Selllemenl charges to seller (line 14001 4.231.70
203. Existing loan(s) taken subject to 503, existing 10an(s)laken subject 10
204, 504, Payoff 01 firsl mortgage loan -0-
205, 505, Payoft 01 second mortgage loan
206_ 506,
207. 507.
208, 508,
209, 509,
Adjustments fOf items unpaid by seller: Adjustments for items unpaid by sellef:
210, City /town laxes 10 510, City/lown taxes to
211, County taxes to 511 County taxes 1 /1 /Q1 to 7/11/q1 ?lQ 1.
212, Assessments 10 512, Assessments 10
213 10 513, 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:: 4,450.83
300, CASH AT SETTLEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SELLER:
301, Gross amount due from borrower (line 12{]) 35,151.00 601. Gross amount due to seller (line 420) 35,145.00
302 Less amounts paid by Ifor borrower (line 220) -0- 602, Less total reductions in amount due seller (line 520) 4.450.83
303, CASH 11]1 FROM) [WOJ BORROWER: 35,151.00 603_ CASH (1XI TO) (~ SElLER: 30,694.17
OMB Nn 2502-0265
&UBSTlTUTE FORM 1099 SELLER STATEMENT.The information contained in Blocks E, G, H and I and on line 401 (Of, II line 401 is asterisked, lines 403 and 404) is impoftant tax infofmation 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 to be reported and the IRS
jetermines that it has not been reported, ,
IELLER INSTRUCTION.1f this real estate was your pfincipal fesidence, file form 21 t9, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions,
:omplete the applicable parts 01 fOfm 4797, Form 62!f ~d/~ Schedule D (Form 1040),
(ou are required by law to pfovide . .
, you do not provide I . R. S
with your correct taxpayer identification number,
with your correct taxpayer identification number, you may be subject to civil or criminal penalties,
Jnder penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number,
,\/~j.4A'" ~A~
Selle 'IRTJMAN SIMS DRIVER I S LICENSE & SOCIAL SECURITI NUMBERS REQUIRED !!!!
v.
MIS LDI'
of
.
.
L. SETTLEMENT CHARGES
I
II
PAID FROM
BORROWER'S
FUNOS
AT SETTLEMENT
PAGE 2 OF OMS No, 2502-0265
PAID FROM
SElLER'S
FUNDS
AT SETTLEMENT
, ,
700, TOTAL SALES/BROKER'S COMMISSION Based on price S
35,145.00
@
10
%=
3,514.50
Division 01 commission .lIme 100) as lollows:
~c!-------3....sl4 ~-5D--.~-13LAN=-ED.wARI2S._REAld:;STA~______________
--.!.E.? $ to
70,1 Commission paid at selllement
704,
800 ITEMS PAYABLE IN CONNECTION WITH LOAN.
---.--I---------~-----,
---. --'---'.'- -- --'-_._---~._---
. C;lLl. c;n
801. Loan Ortgination fee
802, Loan Discount
803. Appraisal Fee
804, Credil Report
805, Lender's inspection fee
806, Mortgage Insurance application lee
807, Assumption Fee
BOB.
809,
810,
811.
%
%
10
to
to
9OO,lTEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE,
901,Inlerest Irom
to
@$
Iday
902, Mortgage insurance premium for mo, to
903, Hazard insurance premium 'or yrs, to
904, yrs, to
905,
1000, RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002 Mortgage insurance
100J City property taxes
1004, County property taxes
1005, Annual assessments IMain!.)
mO@$ per mo.
mO@$ per mo,
mO@$ per mo,
mo, @$ per mo,
mo, @$ per mo,
mO@$ per mo
mo, @$ per mo,
mO,@$ per mo,
-r;, ,,-<-:.h
, , " , , ,',':,' ':',' '~,:
:','.,:,'".,,'.',::Htl,: i' ~
""'<..:.:,i,, ",
I 'i:, ".' ::' ,'"",., ',:.:':
,",'.',,' ',":.< .':'." :'..":':,:,'
'..':.:::",:""',,"'.""',.'.'.,.,;,,,",',:,",::::'
,',:' :,""':::,,", ':'
. ,: ',' .'i --,---
1006.
1007,
1008
1100, TITLE CHARGES:
1101, Settlement or closing fee
1102, Abstract or tllle search
1103, Title examination
1104 Title insurance binder
1105, Document preparation
1106, Notary fees
1107. Attorney's lees to
(inCludes above ilems No,'
1108, Title insurance (1101)
(includes above Items No,
1109, Lender's coverage
1110, Owner's coverage
to
to
to
STC
100.00
to
to
10
to
to
STEWART TITIE COMPANY OF CLEARWATER
INC.
: ,,;.,t ':"~' "C; /'i' ,,' ': ,,), ',({d':,
.,y,,:_395.00
, '. '~~'",,:'.:tr ,"
I~ ,-"~ "l" '1' ,,-
1111.
1112.
1113,
$
$ 35,145.00
1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
I 1201. Recording fees: Deed $ 6 . 00 Mortgage S
1202, City/county lax/stamps: Deed $ Mortgage $
1203, State lax/stamps: Deed $ 211.20 Mortgage $
1204. RE-RECORD DEED
1205,
Releases $
6.00
211. 20
6.00
1300 ADDITIONAL SETTLEMENT CHARGES
1301, Survey
1302, Pest inspection
130J
1304,
1305,
1400 TOTAL SETTLEMENT CHARGEUentered on lines W3. SectIon J and 502, Section K) h nn LI. ? 1 7n
ERTlFICATlON: I have carel~\\Yl~~~ e..7ul;SeltlfJl11JnlSlI ~ and to ~e ~')Ilt 01 mytc.n~wledge and bellel,llls a true and accurate slalemenlo' all receipts and disbursements ma'!.\on my accounl Dr by ""' in this transaction,II";lher certily
lat I have recelved~ 'Y.k- f'- (f~ ~ ,,_ ~ _ __ / ~
:tor: CITY OF ('1 I I ...... . '1'1.'1 IMil 1\1 ~llVJS
Borrowers / () Sellers
To th; beS~.%m.~,!le~jI',lhe H~O. ~eltleme~late~ent ~li'v~pared is a Irue and accurate accounl 01 the 1unds which were received and have been or will be disbursed by the undersigned as part 01 the settlement of this Iransaction
'--//II/-fC/,tJ// -c-:;(' ,[ A//V/fln?/?~A JULY:31. 1991
Seltlf.fil(r~t e~l '-7 '-- ... Date
ELLER'8 A ,/OR PURCHASER'S STATEMENT Seller's and Purchaser'e Signature hereon acknowleclgea hlsllhelr approval 01 tax prorations and slgnllles lhlIlr understanding that prorations were based on ta~es lor the preceding year, Dr estimates
r Ihe curr I year, and In the event 01 any change 'Dr the current year, all necaesary adlustmenta mull be made betwean Seller and Purcheaer; IIkawlse any delault In delinquent laxes will be reimbursed to Tille Company by the Seller,
Title Company, In Its capacity as Escrow Agent, Is and has been authorized to deposit alllunds It receives In IIlls tranaactlon In any IInanclallnslltutlon, whether afflllaled Dr not. Such IInanclallnstltutlon may provide Title Company computer
:countlng and audit services dlreclly or through a separale entity which, II afflllaled with Title Company. may charge IhI llnanclallnslltutlon reasonable and proper compensation therelore and relaln any proflls there'rom, Any escrow lees paid by any
Ifty involved In this transaction shall onty be for checkwrltlng and Input to Ihe computers, bul not lor aloresald accounting and audit services, TIlle Company shall not be liable for any Interest Dr other charges on the earnest money and shall be under no
"y 10 invest Dr reinvest 'unds held by II at any time, S rs and Purchasers hereby aCknowledge and consent 10 thldeposll of the escrow money In IInanciallnslltulions with which Title Company has or mar have other banking relationships and 'urther
,nsent to the retention by T~'lIe Compan and lor Its i ates of anl'-'lnd benellts (Including advantageous Interest rates on loans) Title Company and lor Its altlliates may recelvelrom such flnanclallnstllullons by reaseI' 01 their maintenance 01 said
crow accounls, " ^ '~
The parties have read the ab e ,r 0 m erial a to same, and recognize Title ~~~' e same /"~
"chasers/Borrowers " Seifers'\._ _
f r: C
lRNIN8: It is a crime to knowingly make false slatemenls 10 the Unit tes on this Or any other Imilar lorm, Penalties upon conviction can include a line and imprisonment, For details see: Title 18: U,S, Code Section tOOl and Section 1010,
to EVANS LAND SURVEYING
to
POC
CI'IY OF CLEARWATER-ASSESSMENT SEARCH
5.00
,
~~
'AHA OWNi::R'S' POLICY _.(4_6_90) WITH FLORIDA MODIFICATIONS
I
'.
I
POLICY OF TITLE INSURANCE ISSUED BY
91060112
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures.j:lis of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or.li'lcurred by the insured by reason of:
1. Title to the estate or interest described in Schedule 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 ofa right of access to and
The Company will also pay the costs,
to the extent provided in the Conditions
IN WITNESS WHEREOF, Stewart
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
ST6'lWART TITLE
City, State
EXf.LUSlONS FR~It\COVERAGE
The following matters are expressly excluded from the coverQ,'~,',',"', .,','..,'."o.".,.f,..,..,..'.,t.,...h",...",..,..,,.."i"'.s,'.'""...,..p<l.,",..,...,I."..",.,i.,,cy.."..,.,'..,'.".,..,'..,."0,.,, ',n.,...d.,.""'..".',..t..h,...",,...,e.,.,.." Company will not pay loss Of damage, costs, attorneys
expenses which arise by reason of: .. ".,.,' ".."". .'.' ,,"...
1. (a) Any low, ordinonce or governmental regulation (inclu~il'lg:,~l1tnotlimjte~.tqbuilding and zoning laws, ordinances, or fegulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, orell:i~ym~ntoft~EllQnd;(ii) the character, dimensions or location of any improvement now or
hereaftef erected on the land; (iii) a separation in ownership ora diange irrthe dimensions or area of the land or any parcel of which the land is or was a
part; Of (iv) environmental protection, or the effect of any violotion of these laws, ordinances Of governmental regulations, except to the extent that a
notice of ~he enforce.ment thereof or a notice. of a defect, lien 0"s~,~~~mb~~nE7)i~~~~lling 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 ffom a violation or alleged violation affecting the land has been recofded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thefeof has been recorded in the public recofds 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 fights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) cfeated, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public recofds at Date of Policy, but known to the insufed 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 o( 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. -
029356
211 (Rev, 4.6.90)
CONDITIONS AND STIPULATIONS
(d) In 011 cases where this poli<y permits or requires the Compony to prose.
cute or provide for the defense of any action or proceeding, the insured sholl
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and 011 appeals therein, and permit the Company to use, at its
option, the nome of the insured for this purpose, Whenever requested by the
Company, the insured, at the Company's expense, sholl 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 os 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 sholl 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 sholl 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,
In addition, the insured claimant may reasonably be required to submit to
exsmiRotion URGer oath by--OOY-i1vlherized representative of~mpanyuand
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, 011 records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Dote 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, cOrrltspondence 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
sholl terminate any liability of the Company under this policy as to that claim,
6. OPTIONS TO PAY OR OTHHWISE 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 Ameunt 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, 011 liability and obligations
to the insured under this policy, other than to make the payment required, sholl
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy sholl 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 settte with other parties for or in the nome of on
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 claimed loss or damage, other than the payments required to be
mode, shall terminate, including any liability or obligation to defend, prosecute
or continue any litiClation,
7, DETERMINATION, EXTENT OF LIABILITY.
This policy is 0 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 matters insured against by this policy and only to the
I extent herein described'l
(continued and concluded on last page of this policy)
1, DEFINITION OF TERMS.
The following terms when used in this policy mean:
(0) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Companr would have hod ogainst 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": on insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to on insured by reason of the public records os
defined in this policy or any other records which import constructive notice of
matters affecting the land,
(d) "land": the land described or referred to in Schedule A, and imerove.
ments affixed thereto which by law constitute real property, The term' land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein sholl
modify or limit the extent to which 0 right of access to and from the land is
insured by this policy,-
(e) 'mortgage ':
instrument,
(f) "public records": records established under state statutes at Date of Pol.
icy for the purpose of importing 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" sholl 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,
(g) "un marketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a_purchaser!>f the estate..a.Unterestrlp<rrib",d in ScheduJeA-to..he-releo.sedfrom
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 sholl continue in force os of Date of Policy in
favor of on insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by 0 purchase money mortgage given by
o purchaser from the insured, or only so long as the insured sholl hove liability by
reason of covenants of warranty mode 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(0) below, (ii) in case knowledge shall come to
on insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, os insured, and which might couse 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 sholl
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 fOf 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 sholl 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 Conditions and Stipulations, the Company, at its own cost
and withaut unreasanable delay, sholl 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 sholl
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable causel to represent the insured as to those stated causes of
action and sholl not be liab 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 pfoceeding 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 toke any
appropriate action under the terms of this policy, whether or not it sholl be liable
hereunder, and sholl 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 on action or interposed a
defense os required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdic.
tioll and expressly reserves the right, in its sole discretion, to appeal from any
adverse judg,ment or order.
mortgage, deed of trust, trust deed, or other security
~.-
~
AL T A OWNER'S POLICY
mls
I
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SCHEDULE A
Order No,: 91060112
Date of Policy: July 31, 1991
1, Name of Insured: CITY OF CLEARWATER, FLORIDA
Policy No,:
0-2111-29356
Amount of Insurance: ~5, 145. 00
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4, The land referred to in this policy is described as follows:
Lot Ten (10), Block One (1), W.F. HUGHEYS 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 10, Block 1, W.F. HUGHEYS SUBDIVISION of Lot 8 of R.H.
PADGETTS SUBDIVISION of SE 1/4 of NW 1/4 of Section 15, Township
29 South, Range 15 East, according to the Plat thereof, as
recorded in Plat Book 1, Page 70 of the Public Records of
PINELLAS County, Florida.
0012
Page 2
STEWAR'r TI~"LE
GUARANTY COMPANY
delete
delete
delete
delete
delete
2113
AlTA "WNER'S"POLlCY
Order No. 910601~2
I
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I
SCHEDULE B
Policy No,: 0-2111-29356
This policy does not insure against loss or damage by reason of the following:
1. R~~X~YaOM{~m~~M~IDi~~~KX~s,
2, ~~K'K~~XH]I~KKlK9OO{I~Rk~~s.
3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey and inspection of the premises.
4. ~OCXxl~XK'K~}t~}@{IDmK~~~X~~ommmt~K'~K'K~xIDrn~d,
im~~ooom~X'~~oo~x1X~iec~RKX
5.xm:IDOO{[KK~~~}OOM{~~}oo(XWX1X~X}Q'f~li!KRKKKJiilOXiXiKXiX~mmKKDl~[KOCXK
XlXlmKKNKK
6. -1C~)OOO{K~X<XIXX~XK~<<OCXI)JOOOOOOOO{RKtOOU~mx~>>'ooo~x14~~}@x]Q~~XK~~~,
9~K'K~x.<<mt~XX}t~x<<9t~X1~X}mX~~fOOOOOt~~x~X'Xx1K~K'~x>f
~~~~x~~~x<Rmk~~xR~~m~~m&k~~~~x>x~~~~~
1~~K~~~~mc~m~~x~n~jl~~~
7. Taxes for the year 19 91 and thereafter.
8. Subject to adjacent one story frame residence encroaching along
westerly boundary as shown on survey by EVANS LAND SURVEYING,
dated July 9, 1991.
Page 3
STEWART TITLE
GUARANTY COMPANY
IONDITIONS AND STIPULATIONS continUedl-
(contmued and concluded from reverse side of Policy 'cel
--
,.....--.
, (a) The liability of the Company under this policy shall nat 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.
(Q) (This paragraph removed in Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accofdance 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
parcels 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 insufed
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
AII!ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto,
11, LIABILITY NONCUMULATIVE,
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is 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 inslJred claimant would have had against any person or property
in respect to the claim had this policy not been issued, If requested by the Com,
pany, the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro.
gation, The insured claimant 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,
..-- l'!'" -
~
!:'
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 to pay only that part of any 100ses insured against by this policy which
shall exceed 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 Agaimt Hen-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 low, 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 relatina to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation, Arbitration pursuant to this policy and under the Rules in effect
on the date the demand fOf arbitration is mad. 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 thereot.
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 endors.ments, 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 titl. to tne 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 thl policy is held invalid or unenforceable under
applicable law, the policy shall be d..",.d 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 shGlI include the number of this policy and
shall be addressed to the Company at P,O, lox 2029, Houston, Texas 77252,
STEWART TITLE
GUARANTY COMPANY
"
~
,
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
AS BEING
SYNONYMOUS WITH
SAFETY
S'<'!!1Cli!y q{ (-'onfract
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
~ -----------~---
___ ___ ___ __ -+-- -+-- ___ __ ___ --.t ~
POLICY
OF
TITLE
INSURANCE
'American Land Title Association Commitment - 1966
...,
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II
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dbMMITMENT FOR TITLE INSURANc'E
ISSUED BY
91060112
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby cornmits 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 effectiveonfy\iVhel1tneidentity of the proposed Insured and the
amount of the policy or policies comf11ittedforhaYE:lpeen inserted in Schedule A hereof by the
Company, either at the time of thejliSlJanceofthj~CQf)"Imjtment or by subsequent endorsement.
This Commitment is preliminaryf()thei~stJ~liceofsuchpoIJcY\9r 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.
S
~~ 'nt~
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liit ~yl)\l~ll~.f~\~\
,'~.,',,' "",',:,,", ,." -*-,,',, ""',~,,..,""'l!,','.
\1;;,\ 1 9 0 8 i:!1~
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","" .,"".,..,'.,~EX.;.'~II~
eJ~/-/ff~
GUARANTY CUMPANY
President
Company
City, State
Serial No, C. 9912.7 6 2 4 7 4
005N Rev, 3/78
I
I
- mls
SCHEDULE A
Commitment No.
at S:OO P.M.
C -- 9 9 1 2..L 7 6 2 4 '7 4
Your No,:
91060112
CITY OF CLEARWATER, FLORIDA
Prepared FOf:
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) ~ AL TA Ownef's Policy
$
35,145.00
Proposed Insured: CITY OF' CLEARWATER, F'LORIDA
(b) D AL TA Loan Policy $
Proposed Insured:
2. The estate Of interest in the land described or referred to in this Commitment and covered hefein is a Fee Simple,
3. Title to said estate or interest in said land is at the effective date hefeof vested in:
TRUMAN SIMS
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot Ten (10)1 Block One (1), W.F. HUGHEYS SUBDIVISION, according
to the map or plat thereof, as recorded in Plat Book 1, Page 70
of the Public Records of PINELLAS County, Florida.
ALSO DESCRIBED AS:
Lot 10, Block 1, W.F. HUGHEYS SUBDIVISION of Lot 8 of R.H.
PADGETTS SUBDIVISION of SE 1/4 of NW 1/4 of Section 15, Township
29 South, Range 15 East, according to the Plat thereof, as
recorded in Plat Book 1, Page 70 of the Public Records of
PINELLAS County, Florida.
Page 2 of 4
STEWART TITI--oIE
2552
GU ARANTY COMPANY
I
SCHEDULE B
I
ORDER NO:
...
'31CI60J,12
C-9912'-7624';.'
Commitment Number:
I. The following are the requirements to be complied with:
1. Instruments necessary t eate the estate or interest to be insured must be properly executed, delivered and duly filed for
recor~ Val') photo identification (ie: DriveL'S L,icen:::e, Passport) and
AV "'.cia1 security numbers required of all parties to the
V transaction by the Insuror.
"~'
Re-record that certain Warranty Deed from WILMA E. ENSIGN and
FRANK ELDRIDGE, by and through their Attorney in Fact, JACK
KENNEDY to TRUMAN SIMS, INC., a Florida corporation, recorded LD
O.R. Book 4183, Page 1394 of the Public Records of Pinellas
Continued on next page
II. 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:
~ Defects, liens, mbrances. adverse claims or other matters, if any, created, first appearing in the pUblic records or
',,' attachin sequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the
~:fJ est or interest or mortgage thereon covered by this Commitment.
(' ,
2. Stand Excepti
( aims of parties in possession not shown by the pUblic records.
asements, 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.
ny lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
th blic r d
(e) Rights 0 ad or other marital rights of the spouse, if any, of any individual insured,
(f) Any titles or rig as ed by anyone including but not limited to persons, corporations, governments or other entities,
to tide lands, or Ian mprising the shores or bottoms of navigable rivers, lakes, bays, ocean orgulf, or lands beyond
the line oftheharbor or bul stablished or changed by the United States Government or water rights, if any.
3. Special Exceptions:
(a) Taxes.
Subject to Taxes for the year 1991
are not yet due and payable. Parcel No.
Gross Tax for the year 1990, $394.81.
and subsequent years, which
15/29/15/41688/001/0100
4. Subject to Adjacent one story frame residence encroaching along
westerly boundary, as shown on survey by EVANS LAND SURVEYING,
dated July 9, 1991.
2153
Page 3
of 4
S'J'E"\\'AU.T TITLE
GUARANTY COMPANY
-
....
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CONTINUATION SHEET
SCHEDULE_
S
Order Number:
Commitment Number:
91060112
C'- 9912 - '/62474
SCHEDULE S - PART I CONTINUED
County, Florida to show marital status of Grantors.
W' _anty Deed to be executed from TRUMAN SIMS (showing marital
status) to CITY OF CLEARWATER, FLORIDA.
Page ---4- of4
STEWART TITLE
0055
GUARANTY COMPANY
- ---~.- -.---.- ,--~---,-----. -._'~-..--.'_.'_._--.-.-'_.- -'-.--'~-=
~,:.
.. '
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I
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition of I nsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or ~ights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE"W'ART TITLE
au ARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment.
If
\.
COMMITMENT
FOR
TITLE INSURANCE
-
Sanctily of Contrace
-
Issued by
STEWART TITLE
GUARANTY COMPANY
'I
,,>
I
I
.....:"ndll)' ", (:o"',,,r(
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
S'l~E"V A Il'l~ 'l~rrIAE
Of' CLEARWATER
July 31, 1991
P.o, Box 2756
Clearwater, Florida 34617
(B 13) 441.2689
DATED
INDEHNIFlCATION
RELEASE AND ACKNOWLEDGEMENT
CITY OF CLEARWATER, FLORIDA
hereinafter referred to as Purchaser{s) makes this Indemnification, Release and
Acknowledgement to STEWART TITLE COMPANY OF CLEARWATER, INC., STEWART TITLE
GUARANTY and N/A , in order to induce STEWART
TITLE COMPANY OF CLEARWATER, INC. to insure and close the transaction on the
following real property to wit:
Lot Ten (10) Block One (1), W.F. HUGHEYS SUBDIVISION, according to the map or plat
thereof, as recorded'in Plat Book 1, Page 70 of the Public Records of Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot 10, Block 1, W.F. HUGHEYS SUBDIVISION of Lot 8 of R.H. PADGETTS SUBDIVISION of
SE 1/4 of NW 1/4 of Section 15, Township 29 South, Range 15 East, accor~ing to the plat the**of
Purchaser{s) hereby acknowledges the following to be true and correct:
**as recorded in Plat book 1, Page 70 of the Public Records of Pinellas County, Florida.
Print of Survey by EVANS LAND SURVEYING, dated July 9, 1991 shows the house from adjacent
lot 11 encroaching into subject property along the westerly 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~~grees 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.
NOTICE:
By reason of the above described encroachment, the undersigned proposed insured
acknowledges that the the preprinted Schedule n policy survey exception will
not be eleted from the policy.
W
~/){~
PURCHASERS
BY:
CITY OF CLEARWATER, FLORIDA
~~ t~4f
Sworn to and subscribed before me this
19- -91 .
31st day of
July
- NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES; MAR. 2.1993,
IONQIED THRill ~Ot"AR\~ ,PUBL.IC UNDERWRfTlI:lt.
I'
~
,~~
My Commission Expires:
"
~)1iJ~~AA~g }b~: CITY Of cr-EA~ WATE.R..
STE:WAIRT TITLE L,oMp!NY Of CL.-'=,ARWATEf-). ING I
5TE;'A~'r TITLE:. GUAP\ANTE:E: LOMFAtJ'(
~ 'CP')
o .'" "J
,-~'
50. 0 (p)
~(1
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fsEC. .!.2... lWP. 2C) S RGE. IS E...
, (p)~ PLAT DISTANCE..
(M): tr1EASLJRED D1SrArJCE..
FIF;= FOUND l/~otJ ROD
ft:M ~ foLlNO CONcp-"E,€.. MO,JUME.,.rf
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(0.10
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If\
A SURVEY OF LOT 10) Bl.OC.K.. i, 0{- W. f; ,-",JC:;"'\I:_,('5 SU6t:'l'/tS'ON
AS RECORDED IN PLAT BOOK ..EL , PAGE :I:!- I OF THE PUBLIC RECORDS
OF PINEllAS COUNTY, FLORIDA.
fl~, Z:ON 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- Ol}-91
EVANS LAND SURVEYING
OWN. BY: ~
INV. NO.: 91-,':ilD
2.300 MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 134 - 3821
BOUNDARY SU~"I:-y ONt..'i
I
I
.'-,.0"1.1;/)' nf (.""rlltlu:1
RONALD (RON) E, SOMERS
President
STE'V AIl.'l'" "1"rrI~]~
Of CLEARWATER
P,O. Bo)( 2756
Clearwater, Florida 34617
(813) 441-2689
1290 Cou rt Street
Clearwater, Florida 34616
AUTHORIZATION AND ACKNOWLEDGfl\'lENT FORM
Reference:
FILE NO.
91060112
LEGAL
LOr 10, BLK 1, W. F. HUGHEYS SUB OF LOr 8 OF R. H. PADGEITS SUB
SELLER
TRUMAN SIMS
BUYER
CITY OF CLEARWATER
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SEITLEl'1ENT STATEMENT - HUD FORM 1) and authorized disbursement
of funds as shown therein this 31 day of JULY , 19 91. We further
acknowledge that we understand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest information available. If any changes are to be made in this
proration when the tax bill is received I it will 00 handled between the parties of
this transaction. Stewart Title Company of Clearwater, Inc., will not be held
responsible. It is further understood that Stewart Title Company of Clearwater,
Inc., cannot, at this time, assertain if there will be personal property tax on
subject property or an aITlOlll1t 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.
"'0~
TRUMAN SIMS
.
~
for: CITY OF
SELLER I S FORWARDING ADDRESS:
/c i-E.A-~t....V n7Z!!:~ h ~ I ~
HOOE PHONE# /' J.j-l.f- b - 0 J' bl:,
BUYER I S FORWARDING ADDRESS:
./ PO. ~ t[l{g
/ d~" FL 3 (tr!
r
HOOE PHONE#-4--
/c..{. '+- 2 - 4-1 2. 'f- WORK PHONE#./' t.{~ t.. - b 7 in
THIS IS TO ~THER AU'lllORlZE ~ ,,4--
CHANGES NECESSARY TO 'lliE CLOSING STA~IENT.
/1/ fs>-o
~~Sr
WORK PHONE#
TO APPROVE ANY
STEWART TITLE COMPANY OF CLEARWATER, INe.
BY: / ()~fi~
Tt BE FILLED IN PERSONALL J
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
TRUMAN SIMS
Seller or Owner-Borrower
LCYl' 10, ELK 1, W. F. HUGHEYS SUB OF LCYl' 8 OF R. H . PADGETI'S SUB
Contractor (if new construction)
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners. radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (If none, so state.)
NAME AND ~~JtlrfF W2. PARTY
Approximate Amount
//
.
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ~R~ OF ~R
o fE
Approximate Amount
//
3. AU 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 AD RES F SU L 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
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 UNMENTIQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or lending money thereon and would not purchase same or lend money thereon unless said representations were made.
)<.'~.- ~ '
". TRUMAN SIMS '
1'1 I ':/ ....
SWORN TO AND SUBSCRIBED BEFORE ME THIS~) day of
PINELLAS
County,
FLORIDA
91
,19_.
NOTARY PUBLIC. ST,UE OF FLORIDA,
MY COMMISSION EXPII~ES: MAR. 2. 1993.
BONDED T7 NOTARY P"t3LIC UNDERWRITERS.
My Commission Expires:
JULY
Rev. 1/88
NOTE: This form is 10 be liped by .ne, in .... of ...., If no ..... il is 10 be liped by lhe owner-borrower, If lhere iJ Iny new collltruction, lhe conlroclo, mUll lito join in IhiJ form
or sin a Kpara&e one.
Tb 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
Seller or Owner-Borrower
LOT la, BLK 1, W.F. HUGHEYS SUB OF LOr 8 OF R.H. PADGEiITS SUB
Contractor (if new construction)
CITY OF CLEARWATER
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
.
2. No loans of any kind on said property except the following: (If none, so state,)
NAME AND ADDRESS OF CREDITOR Approximate Amount
3. AU labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been fully paid and satisfied, except: (If none, so state.)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS
/JOI/G -
~
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.)
SUPPUER OR LABOR, SERVICES OR MA ;rERlALS il AD~SS
/VIJNG - ,~
6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or lending money thereon and would not purchase same or Ie d 0 there less sai~ epresentations were made.
a
D SUBSCRIBED BEFORE ME THIS
31
day of
JULY
, 19--1L.
/
-,d~
Notary
N~
. . ltl C. STA, _
My Commlsslo'Q Otl' rr OF Fl n""~q
HRU I/{!:.::>, MAR . .
FLORIDA NOTARY PU'JL,; _ .2. 1993.
\ I.;; Ui-,lLf"ll'hIN1T'Q'Fle.
NOTE: This form is 10 be liped by Ieller in .... of We, If no u". il is 10 be liped by lhe o.......-lIorro_r, If lhere is any ne.. conslruction. lhe COlllractor mull allO join in Ihis form
or sian. Mpan.ac OM.
PINELI..AS
County,
Rev. 1/88
I
I
.')r/lld;l\ III (:Ollfl/if't
RONALD (RON) E. SOMERS
President
S~~EWAI"-lT TrrLI~
OF CLEARWATER
p,o, Box 2756
Clearwater, Florida 34617
(813) 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
LOT 10, BLK 1, W. F. HUGHEYS SUB OF LOT 8 OF R. H. PADGE'ITS SUB
Pinellas County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property.
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially effect the value or
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.
,---
./ (~tufjj, ~~, o~..~
W1tness .
~Jk- .
~
~
'!RUMAN SIMS
STATE OF
FLORIDA
COUNTY OF
PINELLAS
JULY
SWORN TO AND SUBSCRIBED BEFORE ME THIS
19 91.
bl~l
DAY OF
My Commission Expires:~
NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES; MAR. 2. 1993.
BONO"O THRU NOTARY PUBLIC UNOIlRWRITIl-'
/~~4~
Notary Public
I
I
NON-li'OHKLGN CEH'l'IF'ICNl'ION BY INDIVIDU1\L 'l'H1\NSfo'EHOR
1.
Section 1445 of tile Internal Hevenue Code provides that a trctnsferee (If a United
States real property interest must withhold tax if the trans[~ror is u foreign person.
2.
In order to inform the transferee L1lat withholding of tax is not required upon the
clispos.i. lion by TRUMAN SIMS
of the United States reill property described as follows:
LOr 10, BLK 1, W. F. HUGHEYS SUB OF LOr 8 OF R. H. PADGETrS SUB
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) am (are) not non-resident alien(s) for purposes of United States income
taxa tion ane1,
(b) My United States
Nl\ME
TRUMAN SIMS
taypaper identifying llumber(s) (Social Security Nwnber)
SOCI^L SF.cURI'l'Y NUMBER
# H 5"(;,- / g,-b29 (
/
j~
j~
it
is/are:
(c) My 110me mlc1ress is
(attached additional page if necessary)
(d) There an~ no other persons who have an ownel:ship interest in the alxJVe-descd.~d
property other limn those persons set forth alx>ve in subparagraph (b).
3. ~llle undersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the above described propedy intends.
to rely on the foregoing representations in connection with the Unit.ed States
[i'ore1g11 lnvestlllGIIL in Heal Property 1'ax 1\ct. (94 Statute 2602 as amended).
(b) J (wn) ulI(lerstwl(] Lhis cerLification lIay l~ disclosed Lo the Internal Hevenue
Service by transferee and that any false statement contained in this certification
1lIay be plllri.shed by fine, JmpdHOlllllC!llt or lX)tll.
Under penalties of perjury I (we) declare I (we) bave examined carefully this certi-
fication and it is true, correct and complete.
Date
1991
at
PINELIAS
County,
FLORIDA
X;~/lA_~4~ ~
TRUMAN SIMS ';,'
W1 tness"
(This docwnent must be retained lUltil the end of the fifth taxable year following the)
taxable year in which the transfer takes place).
CONSUW' YOUR A'rlDRNEY /\NO/OR 1'l\X 1\DVISOR - NO REPHESE.'N'l'l\'l'ION OR REC0MI'1END1\TION IS Ml\DE BY
STE.WArrr TITLE INSlmJ\NCE COOP/\NY /\NO/OR CONCERNING TIlE
LEGJ\lJ Sm'FJCIENCY ^ND/OR 'J'J\X CONSQUENCES Ol!' 'HIlS OOCUMENl'. YOU MJ\Y DE REQUIRED '1'0 FILE
1\ COpy OF' 'l'IIIS rx:x:UMI;;N'l' Wl'l1I 'rlll~ IN'l'ERNJ\TJ mWE.'Nlm SI~HVICE:. 'nlE:SE J\RE QUESTIONS FOR YOUR
A'!'1DHNEY OH 'l'J\X NN!SOH.
S'lWi'E OF
COUN'I'Y or
FLORIDA
PINELLAS
I IIEREBY C~~R'l'Il""Y that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to taJ<.e acknowledgments, personally ':lppeared
TRUMAN SIMS
to me known to be the persons described in and who executed the foregoing instrument
and they acknowledged before me that they executed the same. .---.
WITNESS my hand ilnd official seal in the COWlty nnd state last aforesaid this ~\ ~, day
of JULY,.. OOT," .19 91, /~_ ~!~/ .
Myc YPUBl/, ~~ ~
"o"'o~oM:IISSIO~'ESX;ATE OF Fl NOl'l\RY PUI3LIC
HRU "O't~ PIRES'''A orUDA II /
~Ry p .." R < .
Ulil-Ie CJ... "993. MY C<11I'lISSION EXPInES: '
I.O.~W . _
RI't.Rd, ,
"
I J
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:
91060112
Taxpayer ID Number:Seller 1 4~-/~'621f I Seller 2
Taxpayer ID Type:
2
~1= business, 2 = individual)
SELLER 1 NAME:
Last:
SIMS
First & Middle:
TRUMAN
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next year)
SELLER 1:
street: I z: c;",~R!.r
C i t Y : C - A..tv14-""'~-i
SELLER 2:
Street:
s..r
State:
F'-
Zip Code:~bJh
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
JULY 31, 1991
Contract Sales Price: Seller 1 -
35,145.00
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address: 1164 BROWNELL S'IREET CLEARWATER, FL 34616
Legal Description: 1m 10, BLK 1, W.F. HUGHEYS SUB OF 1m 8 OF R. H. PADGE'ITS SUB
Under penalties of perjury, I, TRUMAN SIMS
(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.
Date: / 7- 01-9/ Seller - 1 Signatur~/~ ~
TRUMAN SIMS
Date:
Seller - 2 Signature:
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name:
STEWART TITLE cct1PANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT STREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-1433918
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO: City Clerk's Office
FROM: Janis M. Przywara, Senior Legal Staff Assistant ~
RE: Purchase from Truman Sims - Lot 10, Block 1,
W. F. Hughey's Subdivision of Lot 8 of R. H. Padgett's
Subdivision
DATE: November 18, 1992
As a follow-up to Mr. Galbraith1s memo of August 5, 1991, enclosed are the
original warranty deed and title policy for the above purchase. I kept a copy
of the deed in order to include it in the resolution for tax abatement for an
upcoming city commission agenda.
/jmp
Enclosure
~
A
RE'EIVED
AUG 0 6 1991
CITY CLERK
JK I') CI ...1
J-,,,-/'-/5
I} r'1!""' -~
!/.'-L),}'[/
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO: Cynthia E. Goudeau, City Clerk
FROM:
RE:
DATE:
M. A. Galbraith, Jr., City Attorney ~
Purchase from Truman Sims - Lot 10, Block 1,
W. F. Hughey's Subdivision of Lot 8 of R. H. Padgett's
Subdivision for future development
August 5, 1991
The subject purchase was completed on July 31, 1991, and enclosed
are the following documents:
Contract for Purchase and Sale
Settlement Statement
Title Commitment II C-9912-762474 issued by Stewart Title
Guaranty Company
Survey
Indemnification, release and acknowledgement (City)
Copies of the following documents:
Warranty deed
Authorization and acknowledgement form
Indemnity and affidavit as to debts, etc. (Sims)
Indemnity and affidavit as to debts, etc. (City)
Disclosure form
Non-foreign certification by individual transferor
Information for real estate 1099-S report filing
I will forward the original deed and title policy when I receive
them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement