SALLY DAVIS
Return to: (enclo.
Name:
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JA~ ;4, 1992 4:52PM
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PINELLAS COUNTY FLA.
WARRANTY DEE ..,..... ..'.., ',' "'" F"(" i '')'~ /.
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This Instrument Prepared by:
Property Appraisers Parcel Identification lFolio) Numberls):
15/29/15/65214/005/0160
Grantee!s) 5.S. ~!s):( ,
SPACE ABOVE THIS LINE FOR PROCESSING DATA
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SPACE ABOVE THIS LINE FOR RECORDING DATA
A.D. 19 92 by
mItis lIfarrantg lIeeb Made the 14th day of January,
SAILY DAVIS, an unmarried woman
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P . 0 . Box 4748
Clearwater, Fl. 34617-4748
hereinafter called the grantee:
(Wherever uaed heroin the terma .grantor. and .grantee. Include aU the partieS to thi. lnotrument and the
heln, lepl repre.entad... and as.lgna of Incllvldual., and the .ncce..ore and as.lgn. of corporatlono)
_ttntll1ld~: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee all that certain land situate in Pine11as
County, State of Florida , viz:
Lot 16, Block 5, PADGETT SUBDIVISION, according to the Plat thereof, as recorded in P1a
Book 4, Page 32 of the Public Records of Pine11as County, Florida.
ALSO DESCRIBED AS:
Lot 16 of ORIGINAL LOT 5 of R.H. PADGETT'S SUB (REVISED MAP OF), according to the Plat
thereof, as recorded in Plat Book 4, Page 32 of the Public Records of Pine11as County,
Florida. ALSO DESCRIBED AS:
Lot 16, Block 5 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 4, Pages 32 and 41 of the Public Records of Pine11as County, I
Florida. Grantors soc. sec. fll;l67-57-9..:l'-7 (SALLY)
*BEING THE SAME PROPERTY AS DESCRIBED IN DEED RECORDED IN DEED BOOK 959, PAGE 150,
PUBLJ;.C REillRDS OF. PINELLAS COUNTY FLORIDA. . . .
WiJgflqtr. wtth all the tenem.ents, hereaitam.ents and appurtenances thereto belongtng or tn anywtse
appertaining.
IDn )lant anti tn Jlnlti. the same in fee simple forever.
Anti the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all emumbrames, except taxes accruing sJJ,bsequent to ~ January 14, 1992, and
'11. _.. f easements .and .res.trlctlons of record. .
.vn ttntllll I,trtn. the saHt grantor nas stgned ana sealea these presents the day and year first above
written.
(._. xf CZ-E!rLy L(J e. Mm
SALLY DAVIS
Printed Signature
delivered i Ute preseme of:
~
flRONALD E. SOMERS
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.~ witnes.tj, ;if
a / N. e;?c/~J"n, Jr.
n ignature /
Poot Office Addreso
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Signature
Signature
Printed Signature
Printed Signature
Signature
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Poot Office Addf:ffitumentarv Tax Pd. $_ (00 _
$_,___ r,~~nnib'fl Tax pd.
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Printed Signature
STATE OF FLORIDA "v - Deputy Cler...
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 SALLY DAVIS, an unmarried woman, who produced her' medical
papers as identification and took an oathtomeknowntobetheperson described in and
who executed the foregoing instrument and she acknowledged before me that executed the same.
WITNESS my hand and official seal in the County and State last aforesaid s th day of J uary, ,A,D, 1992,
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RONALD E. SOMERS
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My Commi..lon Expil...o: ~,'
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12-o/;/~'09
PARTIES: Sally L Davis
~ 1159 Gould Street, Clearwater. Florida
and \. i ty of \.1 p.qrw:Hpr, F1 or i da
of P 0 Rox 474P., \.1 p.qrw.qtpr , Florida 14618 (Phone 462-6638
hereby agree thai the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "P~perty") upon the followil
terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") printed on the reverse or attached and any Riders and ddenda to this instrumer
I. DESCRIPTION:
)
CONTRACT FOR SALE AND. PURCHASE I
34616
(Phone 446-0 123
("Seller
("~
(a) Legal description of Real Property located in
Lot Jr., Rpvil'lpn M,qp of R H
Pin ell a I'l County, Florida;
P::Jd~ett'l'l Subdivision of Original Dot 5.
(b) Street address, city, zip, of the Property is;
(c) Personalty;
IJ')q Gould Street
II. PURCHASE PRiCE,.." .... ,.. '" ..,., ..,., ....,.. ,.,.. ......, .., ".., ". .."... ,....,.... ,...' ,. ,..., ...'.,..,'....,..... ,.... .,..., ....... '" ,. '.., ,.."... $
PAYMENT:
(a) Deposit(s) to be held in escrow by in the amount of ., $
(b) Additional escrow deposit within days after Effective Date in the amount of ...........".........,..............,. ...,......... $
(c) Subject to AND assumption of mortgage in good standing in fallOl" of
60.000.00
N/A
N/A
N/A
N/A
N/A
60.000.00,
haYing an approximate present principal balance of . , $
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of ,....".....,.,......,.,..,...,... $
(e) Other; $
(f) Balance to close (U.S. cash, LOCALLY DRAWN certilied or cashier's check), subject to adjustments and prorations............,...,....".... $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this oller is not executed by and deliyered.to all parties OR FACT OF EXECUTION communicated in writin,
between the parties on or before' S e p t emb e r I 0 . I 99 1 ,the deposit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of thi[
Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date wher
the last one of the Buyer and Seller has signed this offer.
IV. FINANCING: N / A
(a) If the purChase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1
or (2) or (3)); (1) 0 a fixed, (2) 0 an adjustable or (3) 0 a fixed or adjustable rate loan wittlin_ days after Effective Date at an initial interest rate not to exceed__ %
term of years and for the principal amount of $ . Buyer will make application within days after Effective Date and use reasonab'~
diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer
fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within ,the time for obtaining the commitment or after diligent effort fails to meet th~
terms and conditions of the commitment, then either parly thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s)
(b) The existing mortgage described in Paragraph lI(c) above has (CHECK (1) or (2)); (1) 0 a variable interest rate or (2) 0 a fixed interest rate of % per annum
At time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed % per annum. Seller shall, within __ days afte1
Effective Date, furnish statements from all mortgagees stating prinCipal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed, to assume a
mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and returr
them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided). If Buyer is not
accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount
Seller or Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges
V" TITLE EVIDENCE: At least 1 0 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's at eY~in c7[Zrd nc ith Standard A
(CHECK (1) or (2)); (1) 0 abstract of title or (2) IKItitle insurance commitment and, after closing, owner's p~icy of title~ "
VI. CLOSING DATE: This transaction shall be cioseti and the deed and other closing pallers aeiivereo onor bf>fore -. , 19~ ~nles extend by ot er provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to; zoning. restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the SUbdivision; public utility easements of record (easements are to be located contiguous to Real Properly lines and
not more than 10 feet in width as to the rear or front lines and 7'h feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages. if any; other:
Date
; provided.
that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for l.C'f1TJPr i (" a 1 purpose(s),
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond clOSing. the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliyer occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in contlict with them.
X. RIDERS: (CHECK if any of the follOWing Riders are applicable and are attached to this Contract);
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHAIVA RIDER
(f) 0 OTHER:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign or (2) (]I may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)); Addendum (1) 0 is attached or (2) IX) there is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer 0 acknowledges or 0 does not acknowledge receipt of the agency/radon/compensation and estimated clOSing costs disclosures".
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does mt constitute an opinion that any of the terms and conditions In this Contract should be accepted by the parties in a particular ttansactlon, Terms
' and conditions should be negotiated based upon the respective interests. ob;ecfives and bargaining positions of al/ Interested persons.
CITYA~F:~~;~~.\~ ~YRIGHT 1991 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
~:tt<. C q/;It:-~..------:J[ oJl, fP &/l-v./'>
Mien;..' 'Wri nt r. / . ' Sally L. Davis ~,
. - ,.,1, "/~/f/ Il:Ite Social Security or Tax ID,# dd>/_'j-7 -9,2c" 7
lOeer ~/s-/t:/
,,' ' ~~/.;J~/ Il:Ite
M.A. Galm-aith7Jr, C" y Att _ ' , ' Social Security or Tax 1.0. #
Deposit under Paragraph Il(a) r ive; IF O~HAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By:
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT;
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
o
---------------
Date
(Seller)
Date
(Escrow Agent)
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, at lime of closing. from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
- % of gross purchase price or $ for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purChase pursuant to the foregoing
Contract. If Buyer fails to perform and deposit(s) is retained, 50% thereof. but not exceeding the Broker's fee above provided, shall be paid Broker as full consideration for Broker's
services, including costs expended by Broker, and the balance shall be paid 10 Seller, If the transaction shall not close because of refusal or failure of Seller to perform. Seller shall
pay the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney's fees and costs,
(firm name of listing Broker)
By;
(authorized signatory)
(firm name of selling Broker)
By:
(authonzed signatory)
(Seller)
( Seller)
-.- -.-
Rlnr:R~ rA~ RI=' nRTAIt.Jen C'Dnl..I TUC' ~I nDlnA AC!~n"'IA"I"\a.. I"\~ ~1:''''T''''e~ "" TlII!!',... _rill"" ~"r1I
STANDARDS FOR REAL ESTATE TRANSACTIONS
, EVIDENCE OF TITLE: (1) fl.n abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing lirm)
Jrporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records 01 the county wherein Real Property is localed through
Ilective Date and which shall commence with the earliest public records, or such later dale as may be customary In lhe county, Upon closing of this transaction, the abstract shall
lcome theprope>rty of Buyer,subject to the right of retention thereof by first mortgagee until fully paid, (2) A title insurance commitment issued by a Florida licensed title insurer
lreeing to issue to Buyer, upon recording 01 the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to the Real Property,
Jbject only to liens, encumbrances, exceptions or qualifications set forth in tllis Contract and those which shall be discharged by Seller at or before closing, Seller shall convey
arketable title subject only to liens, encumbrances, exceptions or qualifications specified in the Contract. MarketRble title shall be determined according to applicable Title StandArds
jopted by authority 01 The Florida Bar and in accordance with law, Buyer shall have 30 days, if abstract, or 5 days, II title commitment, f'9m date of receiving evidence of title
1 examine it. ,II title is found defective,.Buyer ShAll. within 3 dRYS, notify Se>lIer in writing specifyin,! defect(s\. If the defect(s) mnder title unmRrKetable, Seller will hAve 120 daye, from
,ceipt of notice within which '\0 removethedefect(sl, failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid
hich shall immediately ~ returRed.to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is lound unmarketable,
;e diligent effort fo~orr~~ !:lefeclfs) in the' ~Uewilhin the time provided therelor, including the bringing of necessary suits,
, PURCHASE "'ONE:9,MORTGAGE;~-EClJR1TY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 3D-day grace period in
.e event of dllfa,olt if''a first rhi)rlfJage_~f)cf a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall
)t permit acc;ela:-B!ioii or interest, adjD>;tment in event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications
I or future advar>..cfls:under prior mor\99ge(s); ami tne mortgilge, note ,and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
iauses customarllv i~und io, tni)[t.ga~~_.fT1ortgag~' riotes and security agreements generally utilized by savings andtoan institutions or state or national banks tocated in the county
'herein Real P-fopef~-is locate:d, All Pe!"",nalty ancQeases being conveyed or assigned will, at Seller's option, be subjecl to the lien of a security agreement evidenced by recorded
nancing statements, n:aballoof) mortgag:;, the fi~! payment will exceed the periodic payments thereon. '
:, SURVEY: Buyer, at BUyer's expense, withir:f l~ne allowed to deliver evidence of litle and to examine same, may have Real Property surveyed and certified by a registered Florida
urveyor. If survey shows eir.J'oachment on Rep: ,~r()perty or that improvements located on Real Property encroach on setback lines, easements, lands of others or violate any restrictIons,
:ontract covenants- Of appficabie governm(lOtal ~egulation, the same shall constitute a title defect. '
I, TERMITES: Buyer, at Buyds expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control
Iperalor to determine if there' is any visible active termite infestation or visible existing damage from termite infestation in the improvements, If either or both are found, Buyer will
ave 4 days from date of written notice thereof within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller
hall pay valid costs of treatment and repair of alf damage up to 2% of purchase price, Should such costs exceed that amount" Buyer shall have the option of cancelling Contract
lith in 5 days after receipt 01 contractor's repajr estimate by giving written notice to Seller or Buyer may elecl to proceed with the transaction, in which event Buyer shall receive
credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
estroying organisms required to be reported under the Florida Pest Control Act.
:, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof,
tie to which is in accordance with Standard A,
" LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all wrillen leases and esloppet letters from each tenant specifying the nature and duration
If the tenanl's occupancy, renlal rates, advanced rent and security deposits paid by tenant. 11 Seller is unabie 10 obtain such ,letter from each tenant, the same information shall be
urnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information, Seller shall, at closing,
leliver and assign all original leases to B~r. ' ~
i, LIENS: Seller shall furnish ,to Buyer at time of closing an affidavit allesting to the absence, unless cAllerwise provided for herein, of any financing statements, claims of lien or
lotentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Property for 90 days immediately preceding date of closing, If Property
las been Improved or repaired iwithin that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers and materialmen
1 addition to Seller's lien affidayit setting forth the names 01 all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
" repairs which could serve as' a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
i, PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the atlorney or other closing agent designated by Seller.
. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or nationai legal holidays, and any time period provided for herein
",hich shall end on Saturday, SlcJnday or a legal holiday shall extend to 5:00 p,m, 01 the next business day,
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill 01 sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments,
3uyer shall lurnish closing statement, mortgage, mortgage note, security agreement and financing statements,
(, EXPENSES: Documentary :stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
nortgage to Seller, deed and fi~ancing statements shall be paid by Buyer.
_ PRORATIONS; CREDITS: l:axes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day belore closing, Buyer shall have
the option 01 taking over any! existing policies of insurance, if assumable, in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may be
'equired by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and
~scrow deposits held by mor\gagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,
10meslead and other exemptions. 11 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 bused
JpOn such assessment and the prior year's millage, If current year's assessment is not available, Ihen taxes will be prorated on the prior year's tax, 11 there are completed improvements
)n Jhe Pea! Properly by, January 1st of year of, do"iIIQ whk;h'ill1p'ovemenis~Weie' n0Iin-existnncson-,january 1St' orootne' piioryear, 'then taxes $t1aiibe prorated t'as"d upon 11'16
prior year's millage and at an. equitable assessment to be agreed upon between the parties, failing which, request wilf be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions, Any tax proration based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
of tax bill on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT 'LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date of closing shall be,assumed by Buyer. If the improvement has been substantially completed as of Effective Dale, such pending lien shall be considered certified, confirmed
or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body,
N, INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls,
seawalls (or equivalent) .and dockage do not have any VISIBLE EVIDENCE of leaks, waler damage or structural damage and that the septic tank, pool, all appliances, mechanical
items, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by a firm
or individual specializing in hqme inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor. Buyer shall, prior
to Buyer's occupancy or not :Iess than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet ,the above standards as to defects,
Unless Buyer reports such defects within thai time, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required,
Seller shall cause such repairs to be made and shall pay up to 3% of the purchase price for such repairs or replacements as may be required in order to place such items in WORKING
CONDITION, If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel
this Contract 11 Seller is unable to correct the defects prior to closing, the cost Ihereof shall be paid inlo escrow at closing, Seller will, upon reasonable notice, provide utilities service
and access to the Property for inspections, including a walk,through prior to closing, Between Effective Date and the date of closing, except for repairs required by Ihis Standard,
Seller shall maintain Property, including, but not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing, If the cost
of restoration exceeds 3% Ofi the assessed valualion of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payaqle by virtue of such loss or damage, or of cancelling this Contract and receiving return of deposit(s),
P. PROCEEDS OF SALE; CI!.OSING PROCEDURE: The deed shall be recorded upon clearance of funds, If abstract, evidence of title shall be conlinued at Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the dale of the last evidence. Proceeds of the sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable,
through no faull of Buyer" BYver shall, within the 5-day period, notify Seller in writing of Ihe defect and Seller shall have 30 days from date of receipt of such notification to cure
the defect If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such rep~yment, Buyer shall return Personar,y and vacate Property and reconvey it to Seller by special warranty deed. If Buyer fails to make, timely demand for
refund, Buyer shall take litleas is, waiving all rights against Seller as to any intervening defect except as may be available 10 Buyer by virtue of warranties contained in the deed.
If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institulion as to place, time of day and procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision, in this Contract Seller shall have the right to require from the lending institution a written commitment
that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627,7841, F.S, (1989), as amended.
0, ESCHOW: Any escrow a~ent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and conditions of Conlract Failure of clearance of funds shall not excuse Buyer's performance, If in doubt as to Agent's duties
or liabilities under the prOVisions 01 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parlies mutually agree to its disbursement
or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit same with the clerk of the circuit court having juriSdiction
of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow, If a licensed real estate broker, Agent will comply with provisions of Chapter 475, FS, (1989), as amended. Any suit between Buyer and Seller wherein Agent
IS made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matler of the escrow, Agent shall recover reasonable attorney's fees
and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
Parties agree that Agent shall not be liable 10 any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach
of this Contract or gross negligence of Agent
R. ATTORNEY'S FEES; COSTS: In any litigation arising out of Ihis Contract: the prevaili~g party in such litigation which, for the purposes of this Standard, sh<111 include Seller, Buyer,
listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable atlorney's fees and costs,
S, FAILURE OF PERFORMANCE: If BUyer fails to perform this Contract within the time specified, including payment of all deposit(s), the deposit(s) paid by Buyer and deposit(s)
agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract
If, lor any reason other than failure of Seller to make Seller's title marketable after diligent efforl, Seller fails, neglects or refuses to,perform this Contract, the Buyer may seek specifiC
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting Irom Seller's breach,
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any notice of it, shall be recorded in any public records, This Contract shall bind and
inure to the benefit of the parlies ana tneir successors in interest. Whenever the context permits, singular shall include plural and one gender shall includE: all. Notice given by or
to the allorney for any party ,shall be as effective as if given by or to that party,
U; CONVEYANCE: Seller stiall convey Iitle to the Real Properly by statutory warranty, trustee's, personal representative's or guardian's, deed, as appropriate to Ihe slatus of Seller,
subject only to matters cont~ined in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty
01 hlle, subject only to such matters as may be otherwise provided for herein,
V" OTHER AGREEMENTS: :NO prior or present agreements or representations shall be binding upon Buyer or Seller unless included in lIlis Contract. No modification or chan;)e in
thiS COntrflCt shall b,~ valid o~ binding upon the parties unless i1 writing nnd executed by the pnrly or parties intencJed to be hrlnd by it.
W. WARRANTIES: Sel!er w~rrants Ihal there me no facts ~ lawn to Seller materblly allecling the valut1 of the Real Prc',erty Wllich are not reacJily observ;ll1l~ by Auyer or which
l1~ve not been dIsclosed \0 Bpyer,'
i
!
MIS \1099)" 1 ,--h-TYPE OF LOAN OMS No, 2502,0265
'A:--:::~.S, DEPARTMENT OF HOUSING AND URBA~ DEVElOPMENT
, 1.0FHA 2. 0 FMHA 3. 0 CONV, UNINS,
4. OVA 5, 0 CONV, INS.
6, FILE r LOAN
SETTLEMENT STATEMENT NUMBER 91090036 NUMBER
8, MORTG, INS, CASE NO
C. NOTE: This form is furnished to tve you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown. Items marked
("p,o.c.") were paid outsi e the closing: they are shown here for information purposes and are not included in the totals.
D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA
ADDRESS:
E. NAME OF SEllER: SALLY DAVIS
ADDRESS: SELLE R TIN:
F. NAME OF LENDER:
ADDRESS: CASH TRANSACTION
G. PROPERTY LOCATION: LCYl' 16, ELK 5, PADGETI'I S SUBDIVISION a/k/a LOT l6 OF ORIGINAL LOT 5 OF R.H.
a/k/a P~ETI' I S SUB hREVISED MAPJ.
II GOULD STRE CLEARWA: ER, FL 34616
H. SETTlEMENT AGENT: STEWART TI'ILE COMPANY OF CLEARWATER, INC. SETTlEMENT AGENT TIN: 59-14339l8
ADDRESS: l290 COURT STREET I
CLEARWATER. FL 34616
--
PLACE OF SETTlEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTlEMENT DATE:
ADDRESS: l290 COURT STREEI' JANUARY 14, 1992
CLEARWATER. FL 34616 l4th DAY OF YEAR
J, SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100, GROSS AMOUNT OUE FROM BORROWER: 400 GROSS AMOUNT OUE TO SELLER:
101. Contract sales priLe 60 000.00 401 Contracl sales price 60 000.00
102, Personal properly ~02 Personal properly
103 SeUlement charges to borrow lIine /4(}(}) 6.00 403
104, 404,
lOS, 405
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106, City/town taxes to 406, City /town taxes to
lOr County taxes to 407, County,tax~s 10
108, Assessments to 408 Assessments 10
10~ to 409 to
110, to 410 to
111. ~11.
112, 412
120 GROSS AMOUNT DUE FROM BORROWER: 60,006.00 420, GROSS AMOUNT DUE TO SEllER:: 60,000.00
200, AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SEllER:
201, Oeposit or earnest money -0- 501, excess deposit (see Instructions)
202, Principal amount of new loan(s) 502, Setllement charges to seller lIine 1400) 971.lliL
203, Existing loan(s) taken subject to 503 Existing loanls) taken sublecllo
204, 504, Payofl of lirst mortgage loan CITY OF CLEARWAT R 15.000.00
205, 505 Payoff of~ mortgage loan FOR'IUNE SAVINGS 10 no 7R
206, 506,
lOr 507,
208, 508, 1991 REAL ESTATE 1')1 1')
209. 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City /town taxes to 510. City Ilown taxes to
211. County taxes to 511, County taxes l/l/92 to l/l4/92 -0-
212, Assessments to 512, Assessments to
213 to 513 to
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:: 26,362.90
300. CASH AT SETTlEMENT FROM/TO BORROWER: 600, CASH AT SETTlEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 12{]) 60 not; _ no 601. Gross amount due to seller (line 42{]) nO'OOO.OO
302 Less amounts paid by Ifor borrower (line 22{]) -0. 602, Less total reductions in amount due seller (line 520) 26 362.90
303, CASH [lXI FROM) [ooteJ BORROWER: 60,006.00 603, CASH [oo}{O) [1XJ)fQftt;[ SElLER: 33,637.l0
SUBSTITUTE FORM 1099 SELLER STATEMENT-The Information contained in Blocks E, G, H and I and on line 401 (or, illine 401 is asterlsked.lines 403 and 404) is important tax information and is being
Jurnished to t~e Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and the IRS
determines that it has not been reported, .
SELLER INSTRUCTION.lf this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return: for other transactions.
:omplete the applicable parts of form 4797, Form 6252 and/or Schedule 0 (Form 1040).
(ou are required by law to provide I . R. S with your correct taxpayer identification number.
f you do not provide I. R. S 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.
Seller SALLY DAVIS
MIS LDI f I I PAGE 2 OF OMS No, 2502-0265
SETTLErAENT CHARGES t PAID FROM PAID FROM
L. BORROWER'S SELLER'S
. FUNDS FUNDS
700, TOTAL SALES/BROKER'S COMMISSION Based on prtce S @ %= AT SETTLEMENT AT SETTLEMENT
Division 01 commission (line 700) as lollows:
701.$ to
702.$ to
703, Commission paid at settlement
704,
800 ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination lee %
802, Loan Discount %
803, Appraisal Fee to
804. Credit Re~ort to
80s, Lender's inspection lee
806, Mortgage Insurance application lee to
807. Assumption Fee
808,
809,
810,
811.
9OO,lTEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest from to @$ /day
902, Mortgage insurance premium for mo, to
903, Hazard insurance premium lor yrs. to .
904, yrs, to
905,
1000, RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mo,@$ per mo,
1002 Mortgage insurance mO,@$ per mo,
1003, City property taxes mO,@$ per mo,
1004, County property taxes mO,@$ per mo, ,. ;)l
10OS, Annual assessments (Main!.) mO.@$ per mo,
1006, mO,@$ per moo
1007, mo,@$ ,
permo,
1008, mO,@$ per mo, ,
1100, TITlE CHARGES:
1101. Selllemenl or closing fee to
1102, Abstract or title search to STC 100.00
1103, Title examination to
1104, Title insurance binder to
1105, Document preparation to
1106, Notary fees to
1107. Attorney's fees to to HOWARD P. RIVES, III {PREPARE RELEASE BONI 50.00
{includes above items No,:
1108, Title insurance (1101) to STEWART TI'TIE COMPANY OF CLEARWATER, INC. 450.00
{includes above items No,:
1109, Lender's coverage $
1110, Owner's coverage $ 60,000.00
1111.
1112,
1113,
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES
1201, Recording fees: Deed $ 6.00 Mortgage $ Releases $ 6.00
1202, City /county tax/stamps: Deed $ Mortgage $
1203, State tax/stamps: Deed $ 360.00 Mortgage $ 360.00
1204, RECORD AFFIDAVIT 6.00
1205,
1300,ADDITIONAL SETTlEMENT CHARGES
1301. Survey to EVANS LAND SURVEYING POC
1302, Pest inspection 10
1303. CITY OF CLEARWATER-LIEN SEARQi 5.00
1304.
1305,
1400. TOTAL SETTLEMENT CHARuES (entered on lines 703, sect/on J ana ::i02, sect/on K) 6.00 971. 00
CERTIFICA fIUN: r have cer:Y:~Vj;:~ SeItle~II~nt endl~rlt4teand belltl, It Is a true and accura" lIalamanl of all rac:elpls and disbursements made on my account or by me In this transaction. I furthercertlfy
...,..w........ 't~" " "'"" / · ~ ~ ,f I ~
for: L.lTY ur' l I I ::;ACt:~
Borrower~ fr SeII8r1
To the best my ~~.d1,~UO-l Se~~teme, ~~ve prepared is a Irue andllCCU<lI1eaccount of ll1e funds which were received and haV\l been or will be disbursed by the undersigned as part of the selllemenl of this Iransaclion,
"-?1 // fi/ # /' vY -;/J {:.r7 'if/ '/J i'V JANUARY 14, 199~
tmemlnt t8fv~~; / - / / ;.~, Dale
B L R' All / URCHABER'B STATEMEIIT Sel' d Purchuer'ulonature hereon ICknowledges hls/thelr approval ollax proratlonund Ilonlftllthelr understanding that prorations were based on tUes forthe precedln~ year, or estimales
lor the current yea and In the event of any change for ll1e current year, all necessery adluslmanls muet be made between Seller and Purchller; likewise any de'auh In dell uent taxIS will be reimbursed to TItle Company b t e Seller,
Title Company, I t capaclt as Escrow Agent, Is and has been authorized to depoSit all funds II receives In this transaction In any flnancla'lnslllutlon, whether afflllat:l or not. Such financial Institution may provide TItre Compeny computer
accountlno and audllservlces lrectly or throuOh a separate entity which, If affiliated with Title Company. may charoe the financial Institution reuonable and proper compensation therefore and retain any profits therefrom. Any escrow fees paid by any
party Involved In this transaction shall only be for checkwrlllno end Input to the computere, but nottor afOflSllld accountlno and audllservlces. TItle Company shall not be liable for eny Interest or other charges on the earnest moner, and shall be under no
duty to invest or reinvest 'unds held by It ilt any time. Sellers and Purchasere hereby acknowledge and _I to the deposit ollha escrow money In flnanclallnstllullons with which TIt.. Company has or may have other banking re allonships and further
consent to the retenlion by Title Company a lor Its a etes of any a all bene.lts (Including advanllo-.lnterest rates on loans, TItle Company and/or Its alllllates may receive from such IInanciallnstltutions by reason of Ihelr maintenance ot said
&scrow accounts. r-
The parties have read Ihe above se Ie
Purchasers/Borrowers
for: ITY 0
IARRIR., Ills a crime to knowlnoly make false statemants to the
II 10 same, and rac:oonlze Title Company ~ng on the same, ~
Sellers ' ~
'S s
\her similar form. Penaltln upon convtctlon can Include a fine and Imprisonment. For details see: Title 18: U.S. Code Seclion 1001 and Seclion 1010,
J(J~,
ALTA QWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
,_ 1P' "
1:'
POLICY OF TITLE INSURANCE ISSUED BY
91090036
STEWART TITLE
GUARANTY COMPANY
~~ h(~
SUBJECT TO THE EXCLUSIONS FROM CWRAGE, THE E!' TIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND .PULATIONS, ST'ART TITLE GUARANTY COMPANY,a Texas
corporation, herein called the Company, insures,' of Date of PoliC~g~hown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schade A, sustained orillcurred by the insured by reason of:
~ '; r; :: ::: ;f~: :
1, Title to the estate or interest described in ~~Ie A being vested' other than as stated therein;
2. Any defect in or lien or encumbrance on the ,title;
3. Unmarketability of the title; :f'
4. Lack of a right of access to and frqtr t
The Company will also pay the costs'a~
to the extent provided in the Conditions
defense of the title, as insured, but only
IN WITNESS WHEREOF, Stewart Tl
duly authorized officers as of the Date of
this policy to be signed and sealed by its
Chairman of the Board
~"~ :J~
Authorized Signatory ~
Company
City, State
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (inc uilding and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership 0 ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vio inances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien orsencumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy, ' anew)' U! ( OIltral'!
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy,
4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
-------.-.........-
Page 1 of
Policy 0-2111-
Serial No.
~~~~~.......-~........-
16679
211 (Rev, 4.6.90)
, j; -~ ~
CONDITIONS AND STIPULATIONS
(d) In all cases where this policy permits or requires the Company to/rose-
cute or provide for the defense of any action or proceeding, the insure shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose, Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as insured,
If the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall ter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation,
5, PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage, The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage. If the Companr is
prejudiced by the failure of the insured claimant to provide the required proo of
loss or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
_aoyUtigc;ltion,withregardJo the_matter-oJ' matte[SJjlquiring such proof of loss Qr
damage,
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim, Failure of the insured claimant to submit for examination under oath, pro-
duce other reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay,
__ Ue~n t~eexercise by!heC~~pany of this opti~I1' ~lIliabilitxand_o.~li~atigns
- TOl~e Insurecf unaerlfiiSpolicy, other flian to make The payment requlred,snall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs \b)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the c aimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litiQation,
7. DETERMINATION, EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of ratters insured against by this policy and only to the
extent herein described
(continued and concluded on last page of this policy)
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Companr would have had against the named insured, those who
succeed to the interest 0 the named insured by operation of law as distinguished
from purchase including, bu:t not .limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imp~ted to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of
matters affecting the land, ·
(d) "land": the land described or referred to in Schedule A, and imerove-
ments affixed thereto which by law constitute real property, The term \ land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured br this policy,.
(e) \ mortgage ': mortgage, deed of trust, trust deed, or other security
instrument. i
(f) "public records": records established under state statutes at Date of Pol-
icy for the purpose of impbrting constructive notice of matters relating to real
property to purchasers for *alue and without knowledge, With respect to Section
1 (a)(iv) of the Exclusions ~rom Coverage, "public records" shall also include
environmental protection liens filed in the records of the clerk of the United States
hdistricltOJlI1lor thuiWrict ,iQ'!{hiclL1be.lo.nd is 1Q.~d.. " .,.., '.. ...
(g) "un marketability ()f the title": an alleged or apparent-m-aite;. affecting' .
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser o,f the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured,
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of a~y claim of title or interest which is adverse to the title
to the estate or interest, a~ insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regar~ to the matter or matters for which prompt notice is
required; provided, howev~r, that failure to notify the Company shall in no case
prejudice the rights of any ,insured under this policy unless the Company shall be
prejudiced by the, failure a,nd then only to the ext~nt of the prejudice.
4. DEFENSE AND PRQSECUTlON OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained
- in.Secfion 6 of-thllse-{:'Onditions- and Stt'puratiam, riTe-eompony, aT ITS owrr-cO$f
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any thirdi party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
have the right to select co~nsel of its choice (subject to the right of the insured to
object for reasonable causel to represent the insured as to those stated causes of
action and shall not be liab e for and will not pay the fees of any other counsel.
The Company will not pay !anr fees, costs or expenses incurred by the insured in
the defense of those causes 0 action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost, to institute and prose.
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy. If the Company shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Coinpany shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation tp final determination by a court of competent jurisdic-
tion and expressly reserves the right, in its sole discretion, to appeal from any
adverse judgment -or order,. .. ,
-
AL TA OWNER'S POLICY
mls
I
I
16679
SCHEDULE A
Order No.: 91090036
16679
Policy No.: 0-2111-
Date of Policy: ,January 14, 1992
60,000.00
Amount of Insurance: $
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
Lot 16, Block 5, PADGETT SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 4, Page 32 of the Public
Records of PINELLAS County, Florida.
ALSO DESCRIBED AS
Lot 16 of ORIGINAL LOT 5 OF R.H. PADGETT'S SUB (REVISED MAP OF),
according to the Plat thereof, as recorded in Plat Book 4, Page
32 of the Public Records of PINELLAS County, Florida.
ALSO DESCRIBED AS
Lot 16, Block 5 of R.H. PADGETT'S SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 4, Pages 32 and 41
of the Public Records of Pinellas County, Florida.
STEWART TITLE
0012
Page 2
GUARANTY COMPANY
lelete 1.
lelete 2,
lelete 3,
ielete 4.
ielete 5.
:lelete 6.
2113
~
. AL TA OWNER'S POLICY
Order No 91090036
..
I
I
SCHEDULE B
2111
Policy No.: Cl-~16679
This policy does not insure against loss or damage by reason of the following:
&5l~~~~~1tft~~~~~~~~ttt~~~&~Rdsc
~~~2im5t:ofEm~ID04:~~tm~~Qts.
qt]OOUt~~~~~~~~~~~~~~~
aXl~~~~~~~~'}{jf>{~~xxxxx
~XUOOOC~x1lcKlaXHI[Rid3~~X~~~nc~~~~~}ffi~~Ple{J?C
jm~5t<<~bb~}dll~tDm!oodxplmqgXlilHK}[Il~
~JQ.~~x.)CXI!tID1m~~~~~'f~~fC~fCliK~~tc
t ~iostIlr<<d .
A,rnx~x~x:~~~io'1Xa:R~Il[RlIxbootKlltmgoooocK~t:}4.!m~~~~~:j{j~~19~ff~fC
g,~~~,til~~~:MhbMc~xmt~a:RU~iOOr~~XOOXi>x>>tkKKKXOOx
n~~~~~K~~Itx~~~a:R~~ibclQ(xI>>milnlx~oodotbnntioocllxx>>lI~mM~x
li~~~~tMt~~)Otlut~Ea4ms:~mmeot~x:igOtK)dt~xx
7. Taxes for the year 19 9 3lnd thereafter.
8. Subject to reservations recorded in Deed Sook 959, Page 150 of
the Public Records of Pinellas County, Florida.
Page 3
STEWART TITLE
GUARANTY COMPANY
.~'-'"-,,,,"---
- - -,;;.,JI
tONDITIONS AND STIPULATIONS Continuedl
(continued and concluded from reverse side of Policy Face)
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
~ (This paragraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accorpance with Section 4 of the Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the
p,arcels but not all, the loss shall be computed and settled on a pro rata basis as
If the amount of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
AII/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is 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 doys thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com.
pony, the insured claimant shall transter to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro.
gation. The insured claimant shal! permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies,
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required tOlay only that part of any losses insured against by this policy which
shall excee the amount, if an7' lost to the Company by reason of the impair.
ment by the insured claimant 0 the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua.
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea.
son of this policy,
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
once Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party, Judgment
upon the award rendered by the Arbitrator/s) may be entered in any court
having iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request,
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole,
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the Folicy shall be deemed not to include that provision and all
other provisions shal remain in full force and effect,
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O, Box 2029, Houston, Texas 77252,
STEWART TITLE
GUARANTY COMPANY
(.
-+- -- - ~ --- -+- ~ --- -
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
t - -
-+-- ---- --- -- -+- -- -+- --- -- .....~'
S,muilY of ConrraCl
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston. Texas 77252
v.
-- ---- -- -- -+- -- -+- --- --
POLICY
OF
TITLE
INSURANCE
_________ v.
f;lff,fr/lB 18J:
I
City of C .cuwater
Stewart Title Catpany of Clearwater, Inc.
Stewart Title Guarantee C'.a!pany
SEC. 2Z... TWP. '21 $, RGE. Ig
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f.e-,M,::' f'u,",P LO,JC.Re..~ MO~.hJME.tJT
(CALL.) "'CAL.C..UIATED DATA.
[,ot If), Block 5, PADGETT SUBDIVISION, according to t.he Plat
therof. 8S recorded in Plat Book 4. Page 32 of the Puhlic
Records of PINELLAS County, Florida.
, a-
t. )-
).0
ALSO DESCRIBED AS
Lot 16 of ORIGINAL LOT 5 OF R.H. PADGETT'S SUB (REVISKD MAP OF),
according to t.he Plat thereof, as recorded in Plat Book 4, Page
32 of the Public Records. of PINELLAS County, Florida.
ALSO DESCRIBED AS
Lot 16, Block 5 of R.n. PADGETT'S SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 4, Pages 32 and 41
. of the Public Records of Pinellas County, Florida.
Zone c, per City of CleatWater panel 0015 B (6-01-83)
. . .
. .
.' t HE~~8V CERtlN THAt tHEH,S~Hl 'UPRESENtlt)HE~EON MEETSttHE MINIMUM
REQUIREMENTS OF cHAPTEt( 2~ " -6,. OF THE FLORIDA AbMINIS ~ATIVE COD~.'
DATE: 9-13-9' EVANS LAND SURVEYING
oat. AIN STREET - UNIT K
DUNEDIN. FLO~IOA 34698 ~H: 134 - 3821
OWN I BV: l€.
..
i INV. NOI I 9'-52.5
&V~ DA f?-Y .su~.:v6.. '" oJoJ ,-y
Signature
Signature
mD
Relurn 10: (enclo.e .ell-add,essed .tamped envelope)
I
91090036
Ihis Instrume.1' Wln prepared by:
SIEWAIlT nTU':OI' (:[.EARWA'fER
By; 1'1IKELL L. ST. GEID1AI
WARRANTY DEED I
INDIVID. TO INDIVID.
Name:
Add,.."
1290 Court Street
This Instrument Prepared by; Cle~rwl1ll!r, Ft 34616
P.O. Box 2756
Add,...: Clearwater, Fl 34617
Which Imlrumclit "'liS prepared incidental
10 writing of II Tille Insurllm:r Policy.
Property Appraisers Parcel Identification IFoliol Numberls):
15/29/15/65214/005/0160
Grantee(s) 5.S. '(s): ( " /
SPACE ABOVE THIS UNE FOR PROCESSING DATA
SPACE ABOVE THIS UNE FOR RECORDING DATA
mitis JIIIarrantv I1ttb Made the 14th day of January,
SALLY DAVIS,an unmarried woman
hereinafter called the grantor, to
CITY OF CLEARVlATER, FLORIDA
whose post of.fice addres8 is P.O. Box 4748
Clearwater, Fl. 34617-4748
hereinafter called the grantee:
(Wherev.r UMd h.reln lbe lermo ......tor. and ......t.ee. '""Iude aU lbe partl.. to lbl. IllItrum.nt and lb.
h.l.... I.gal repre.entatlv.. and ...Ign. ollndlvldualo. and tII. .u.....o... and ...Ign. ol .0rporaUon.)
.ftntlllldlt: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknCYWledged, hereby grants, bargains, sells, aliens, remises,
releases, . conveys and co?\firms unto the grantee all that certain land situate in Pinellas
County, State of Florida , viz:
Lot 16, Block 5, PADGETT SIJBDIVISION, according to the Plat thereof, as recorded in PIa
Book 4, Page 32 of the Public Records of Pinellas County, Florida.
ALSO DESCRIBED AS:
Lot 16 of ORIGINAL LOT 5 of R.H. PADGETT'S SUB (REVISED MAP OF), according to the Plat
thereof, as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County,
Florida. ALSO DESCRIBED AS:
A.D. 19 92 by
Lot 16, Block 5 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 4, Pages 32 and 41 of the Public Records of Pinellas Cmmty,
Florida. Grantors soc. sec. #, (SALLY)
*BEING THE SANE PROPERTY AS DESCRIBED IN DEED RECORDED IN DEED BOOK 959, PAGE 150,
PUBL1.C REmRDS Of. PINELLAS COUNTY FWRIDA. .
WOgtll}tt, unth all the tenements, hereditaments and appurtenances thereto belonging or in anYWtse
appertaining.
mo )taut anb to )lolb. the same in fee simple forever.
1\nb the grantor hereby covenants with said grantee that the grantor is lawfully seized of SQ.id land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby wa?'rants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that sa1:d land
is free of all encumbrances, except taxes accruing spbsequent to.~ January 14, 1992, and
']I. ... f eas.ements .and .res.trlctlons of record. , .
.2JU itntllll .,ttto, the saut grantor nas stgned ana sealea these presents the day and year first above
written.
a delivered i the presence of:
~ ~
wi tness #kONALD E. SOMERS
Pri'''"" ~ L
I -""p,/b ~
.... witnes~~ ,&:, :>'
CG'i::/ AI. ,"u/'~rDH , Jr.
n Ignature ' /'
{ ,,_" xf q ear LfJ e. ~l!!D
SALLY DAVIS
Printed Signature
P".t Olll.. Addreoo
Printed Signature
Printed Signature
Signature
P".t om.. Add.....
Prin"'d Signature
STATE OF FLORIDA
COUNTY OF PINELLA..S
, 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 SALLY DAVIS, an unmarried woman, ~vho produced her'
as identification and took an oathtomeknowntobetheperson described in and
who executed the foregoing instrument and she acknowledged before me that executed the same.
WITNESS my hand and official seal in the County and State last aforesaid th day of J uary, . A.D, 1992.
~
SEAL-_ ,
RONALDE. SOME.I"~/'~':,
Notary Public, State of 1'1o~ld.
'J/l.y ccmm. expirt'1 Nov. 7, 1994
Comm. No. CC062246
RONALD E. SOMERS
l>rin"'d Nolary Slgnalu.'O
My Commioolon Expil...:""
SWORN TO AND SUBSCRIBED BEFORE ME THIS
l4
DAY OF
I
I
SI/I":lily of COII/TlIrt
RONALD (RON) E, SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STEWART TrrLE
OF CLEARWATER
P,O. Box 2756
Clearwater, FI,orida 34617
(813) 441.2689
DISCLOSURE
We, the Owners of that certain real property located at
Lor l6, BLK 5, PADGET!' SUB a/k/a LOT l6 OF ORIGINAL LOT 5, OF R.H. PADGE'IT
SUB (REVISED MAP OF)
Pinellas County, Florida, do ,hereby disclose the following facts
I HEREBY CERTIFY that I have no
known to me which may materially affect
cZJ ~
of said property.
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.
~?~
/ ~-~-
~1 ness -. ,/
/_ed~
wt:~
/.t (1 ~ J(Z~
SALLY DA IS
STATE OF
FLORIDA
COUNTY OF
PINElLAS
JANUARY
, 19
94
/~d~
.
My Commission Expires:
/
Notary Public
RONALD E. SOMERS
Notary PubUCiSiate of Florida
My comm.expires Nov. 7, 1994
Conun. No. CC062246
TI> BE FILLED IN PERSONALLl
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
SALLY DAVIS
Seller or Owner-Borrower
LOr l6, BLK 5, PADGETI' SUB a/k/a LOr l6 OF ORIGINAL LOr 5 OF R.H. PADGETI' SUB (REVISED MAP)
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, SteU . cement 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:
NAME AND ADDRESS OF CREDITOR
:Approximate Amount
//
3. s or repair on the above described property
have been paid for and there are no no unpaid labor or mater . s 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, e ce t: (If none, so state.)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MAT IAL Approximate Amount
/
4. I, the purchaser, represent that I have no knowledge of any debts
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MATERIALS
ind other than those listed
Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner, further certify 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 andlor
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 t er on and would not purchase same or lend money thereon unless said representations were made.
~ I ""
l4
day of
JANUARY
County,
,19~.
RONALD E. SOMERS
~ Public, Stat~ of Florida
. . . comm expires Nov. 7, li/\l4
My Commission Expires: . CC002243
FLORIDA Conun. .No.
Rev. 1/88
NOTE: This fonn is to be ,i,ned by ..Iler in.... of oaIe, If DO ..... i, ilia be siped by the owner-borrower. If IheR is any new conllruclion. ,he contractor mUll also join in Ihis form
or silln a separate one.
President
American Land Title Association Commitment - 1966
rr=---:==~=====~==="=~==-='=" ..,
'I -
~!::~'~=~NT-~~R' TITLE INSURA;t ,
ISSUED BY
91090036
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed I nsured and the
amount of the policy or policiesc()~~.itted for have been inserted in Schedule A hereof by the
Company, either at the time ofthei$$uance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereundershall~Ela~laan(;tterminate 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 iSrlotthefault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
~~~
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'(' ~..~o;;. OR.t~~
~.~ * .~....(
'a~\ 19 08 l~J
'".., '. ,}... . * . .,~ ~f
"'~',"""""""...,. ..~?'.'.i-"";."-;' ~'
.~tullnll~
eJAawtll17~
GUARANTY CUMPANY
Company
City. State
Serial No, C. 9912.7 6 2 5 7 5
005N Rev. 3/78
mls
I
I
SCHEDULE A
Commitment No.
91090036
Prepared For: CITY OF CLEARWATER, FLORIDA
Inquiries Should be Directed to: MIKELL L. ST. GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1 . Policy or Policies to be issued:
Amount
(aIUAL TA Owner's Policy
$
60,000.00
Proposed Insured: CITY OF CLEARWATER, FLORIDA
(bl DAL TA Loan Policy $
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
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SALLY DAVIS
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot 16, Block 5, PADGETT SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 4, Page 32 of the Public
Records of PINELLAS County, Florida.
ALSO DESCRIBED AS
Lot 16 of ORIGINAL LOT 5 OF R.H. PADGETT'S SUB (REVISED MAP OF),
according to the Plat thereof, as recorded in Plat Book 4, Page
32 of the Public Records of PINELLAS County, Florida.
ALSO DESCRIBED AS
2552
Lot 16, Block 5 of R.H. PADGETT'S SUBDIVISION, according to the
Page 2 ofCs>ntinue~EW'A~J.~ITLE
GUARANTY COMPANY
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CONTINUATION SHEET
SCHEDULE -r
Order Number:
Commitment Number:
91090036
C-9912-762575
PROPERTY DESCRIPTION CONTINUED:
map or plat thereof as recorded in Plat Book 4, Pages 32 and 41
of the Public Records of Pinellas County, Florida.
Page_ 3 of 5
STEWART TITLE
0055
GUARANTY COMPANY
I
SCHEDULE B
I ORDER NO:
910.90036
C-9912-762575
Commitment Number:
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
record. Valid photo identification (ie: Driver's License, Passport) and
a) social security numbers required of all parties to the
transaction by the Insuror.
. b) Proper disposition of that certai ent fo ttorney Fees
and Costs against SALLY DAVIS, nt st of DAVID JANES, a
Child, filed March 3, 1986 in 6178, Page 1517 of the
Public Records of Pinellas Co lorida.
Continued on next page
II. Schedule 8 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:
1. Defects,liens, encumbrances, adverse claims or
attaching subsequent to the effective date her
estate or interest or mortgage thereon cover
atters' y, created, first appearing in the public records or
o the date the proposed Insured acquires for value of record the
is Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records,
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
(d) Any lien, or rightto a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(I) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tide lands, or lands comprising the shores or bottoms of navigable rivers, lake"s" bays1Jijocean r gulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United States ~n nt or water rights, if any.
3. Special Exceptions: / '1'7''Z- fl d
(a) Taxes., . Subject to Taxes for the year i9~nd tS'ubsequent years, which
are not yet due and payable. Par~. 15/29/15/65214/005/0160
Gross Tax for the year 1990, $142.39.
~4. Subject to reservations recorded in Deed Book 959, Page 150 of
the Public Records of Pinellas County, Florida.
2153
Page JeXX 4 of 5
STE"T1\..H.T TITLE
GUARASTY COMPA'liY
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CONTINUATION SHEET
Order Number:
SCHEDULE_
B
Commitment Number:
91090036
C-9912-762575
, c)
SCHEDULE B - PART I CONTINUED
Proper disposition of that certain
DAVIS, filed April 28, 1981 in O.R.
Public Records of Pinellas Cou ty,
e lien against SALLY
5182, Page 787 of the
orida.
-d)
Release of Property Bond f
MINER, defendant,,~ filed J
144 of the Public, Records
vs. THADDEAS
Page
, e)
Satisfaction of Local Reloca
favor of the CITY OF CLEAR
GRANT PROGRAM, filed Febru y
1899 of the Public Recordspo
secure the principal amoun of
ement from SALLY DAVIS in
MUNITY DEVELOPMENT BLOCK
1985 in O.R. Book 5927, Page
inellas County, Florida, to
$15,000.00.
-f) Satisfaction of that certain mor gage from SALLY DAVIS, a single
individual in favor of CLEARW NEIG HOOD HOUSING
SERVICES, INC., filed Feb 5 in Official Record Book
5927, Page 1895 in the pro 1 amount of $11,000.00, of the
Public Records of PINE S unty, Florida.
g)
Warranty Deed to be executed from SALLY DAVIS, an unmarried
woman to CITY OF CLEARWATER, FLORIDA.
Page_ 5 of 5
STEWART TITLE
0055
GUARANTY COMPANY
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance. adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance. adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition of I nsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE"W'ART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment.
COMMITMENT
FOR
TITLE INSURANCE
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Sanctity oj Contract
,_
I ssued by
STEWART TITLE
GUARANTY COMPANY
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^ F F I 0 ^ V I T
STATE OF FLORIDA
COUNTY OF Pinellas
BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared
who being by me first duly sworn deposes and says:
Tha t she
is not one and the same person as
SALLY DAVIS
who is named in WELFARE LIEN AND
JUDGMENT FOR ATTORNEY FEES AND COSTS
5182
as recorded in O.R. Book
Page 787 **
Public Records of Pinellas County, Florida.
A f f i ant fur the r s tat est hat her S 0 cia 1 S e cur i t Y N u m b e r i s a s
fo 11 ows: ** AND O.R. BOOK 6178, PAGE 1547
and she has never resided at H05-B Prospect, Clearwater, Fl. and
4516 16th Ave. South, St. Petersburg, Fl. as shown in above instruments.
Signed, sealed and delivered
in the presence of:
W~~~
/ ~~,jm~
/' ,~ C l t:t !--C c.-, ...' -<A-
SALLY DAVIS .
~~l/~
Sworn to and subscribed before me this' ~ day of January
The foregoing instrument was acknowledged before me
SALLY DAVIS, who has produced her~
and who did take an oath.
...-
My Commission expir~ALDE.SOMERS
Notary Public, State of Florida
M1 CQDlJn. expires Nov. 7, 199,
Comm. No. CC062246
This instrument prepared by:
MIKELL L. ST. GERMAIN
for: Stewart Title Co. of Clearwater
1290 Court Street P.O. BOX 2756
Clearwater, Florida .3461~ CLW.34617
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NON-1"OHKlGN Cl:.H'l'H'lCNl'10N BY INlJl V lIJU^L 'l'HJ\NS1;'J.!:HOIl
1. SCCU.OIl ltI45 of Lhe IIlLerllal Hevenue Cooe pL-ovlues Lhat 0 trd\lsferec (If 0 Ullited
States real l>L'operty illterest IIIUSt withhold lox if the transferor is {J foreign t}Qrsc
2. III order lo 111[01.111 Lhe lwnsferee Lhat wlLhholdJJIV o( Lox is llot required uIXJn lhe
c.l.lsPOSJUoII hy SALLY DAVIS
of the Unltet.l StaLes real property descdbed os (ollows:
Lor lEi, BLK 5, PADGEIT SUB a/k/a rill l6, OF ORIGINAL rill 5 OF R.H. PADGEITS SUB
(REVISED MAP OF)
the unuei"signed transferor certifies and declares by means of this certification, lh
following:
(a) I (We) alii (are) 1101:. Iloll-residenl:. alien(s) for lXJrposes of United States income
toxal:..ton ond,
(b) f-1y Unil r.{] Stotes taypaper identifyll1<J Illltllber(s) (Social Security Number) is/ore
~ SOCIJ\L S~--CU1U'1'Y ~
SALLY DAVIS
( G ) ,.1y hOllle {l( k kess J B
(u Uocl u:xJ otklJ HOllo I puUe .:l.r lIecessm:y)
II/'
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(d) There ute no oLhcJI: per.SOIlS who huve 011 OWIlc.:H:sld.p lllLeL-est in lilt! uI.JOve-descdbec.:
property olhr:'!r limn lhose lJOr.solls sel:. forlh above ill subpc:u:ogroph (b).
J. '.llIe lIntletsJgned hereby fUL"Lher cerUfJes and declares:
(a) .1 (We) understand that the lXJrchaser of the above described properly illtends '
lo r.ely on the fotegoinU r.epreselltatlons JII connecUon with the tll1Jl:ed SLoles
ForeJglI Inveslmellt in Heal Properly '!'ux 1\ct. (94 StflLute 2GU2 fiB tll1lendetl).
(b) 1 (wo) ulltler:Rlund LIds cerlJ.f.tcalJ.on tiny IX! ll1scloaed to L1m Illterl1[tl Hevetlue
Serv.l.ce by tnlllsferee and that OilY false statement contained in lIlls cerUUcall
IIIi1Y \)0 11l1l1.l.slted by f.l.llH, Jl1lpt.l.SollulOnt or both.
Under POllullies of perjury 1 (we) declare I (we) have examlned carefUlly lids certi-
fication ond it is tnJe, correct and complete.
IJate
JANUARY 14, 1992
PINELLAS
County,
FLORIDA
WHne s
('lhis dcx;ltment nusl:. be retained Wlti1 the end of the fifth taxable year following the,;
taxable year In wh.lch the transfer takes place). '
CONSUW' YOUn J\'1TOIlNI~Y 1\NU/on 'l'J\X 1\IJVlSOn - NO llEPllESI1N'I'J\'I'lON on IU!XXX'1'1ENU/\'1'lON IS N/\lJ~ Uy
STI1W^lll' 'J.'l'J'LI~ INSlJn/\NCI~ o.X'1P/\NY 1\NlJ/OH CONCEHNJ.NG 'mE
LlX.;MJ SU1;'rJc.U~:NCY 1\NIJ/OH 't1\X CONSQUI~'NCI!;S Oli' '1111S I.XJCUNI~r:--voU f-1^Y BE lH~QUlHI!JJ '1'0 li'.lLI~
^ COpy 010' TII IS IX:OJMliN.l.' W,I 'm '1111~ IN'l'EHNMJ IUWI!:NUI~ SI~nV.lCI!:. 'J111!:S1~ ^Im QUI;;Sr.lONS leon YOun
^'1'1'OnNI~Y on TAX 1\1)v loon.
-----leY ti'or 42c.~. ~
SALLY DAVIS ',' .
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,'t',
S'l'J\'1'1!: Ol~ FLORIDA
COU~lY or PINELLAS
I lIl!:lU!:DY CI~n'1'lll'Y thaI:. Oil L1tls day, before 11I13, an officer duly authorized 1n the State
aforesaid anti in the County aforesaid lo lake oclmowledglllenls, persollally nppeored
SALLY DAVIS
to me Imown to be the (>aL-sons described in and who execuled lhe foregoing .lIlStnullellt
and they acknowledged Lafore hie lhat they execul:.ed lh~ same.
Wl'l'NESS my hand and officiol Beal in the CounLy nnd Slate last aforesaid Lhls l4 dny
of JANUARY . 19 . 92, ~ _ /
L~~~
Na1'l\nY PUUJJIC RONALD E. SOMERS
MY CUI'IISSION EXpnmS J{oWY' PUblic',State of Florid:4
l\4')' I;(h,..... ~Xl'lrell Ne... 7, 19
r'.""'~'Y~-: ~,T(." f""'rnn"',)1r
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RONALD IRON) E. SOMERS
President
-"",,"'i/y o{ COII/,nrt
STEWAR'l' 'l'I'l'LE
OF CLEARWATER
p,o, Box 2766
Clearwater, Florida 34617
(813) 441-2689
1290 Court Street
Clearwater, Florida 34616
AUlHORIZATION AND AO<NCMLEDGEMENT FORM
Reference:
FILE NO.
91090036
LOr l6, BLK 5, PADGETT SUB a/k/a LOr 16 OF ORIGINAL LOr 5
OF R.H. PADGErI' SUB (REVISED MAP OF)
SALLY DAVIS
LEGAL
SELLER
BUYER
CITY OF CLEARWATER, FLORIDA
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SETI.'LEMENT srATEMENT - HUD FORM l) and authorized disbursement
of funds as shown therein this l4 day of JANUARY , 19 92. We further
acknowledge that we understand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest infonnation available. If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. Stewart Title Company of Clea:rwater, Inc., will not be held
responsible. It is further understood that Stewart Title Comp:my of Clearwater,
Inc., cannot, at this time, assertain if there will be personal property tax on
subject property or an amount on which to base a proration. Any proration necessary
when tax bills become available wili be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
'!HAT ALL UTILI'lY BILLS (WATER, SDIER, Er..EClRIC, MAlNI.'ENANrn FEES) HAVE BEm PAID
OR WIIL BE PAID ~ ROCEIPl' OF FINAL BILLS.
L-
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INITIALS INITIALS
~~~TFR~4f
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t{ZQ/I ,AL)
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SELLER'S FORWARDING ADDRESS:
BUYER'S FORWARDING ADDRESS:
fOe &v. +7~
~ -( 3{.blf
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HCl'1E PHONE# ,/
Ha1E PHONE#
OORK PHONE# WORK PHONE# ...--
THIS IS TO FURTHER AUTHORIZE jl/' ~
CHANGES NECESSARY TO '!HE CLOSING srATEMENl'.
~62- b7to
TO APPROVE; ANY '
STEWARf TITLE COMPANY OF CLEARWATER, INC.
BY: ill(Z~#/d/{/>>{//;/
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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\) ,.ofthecurrent sales price.
..
91090036
File Number:
Taxpayer ID Number: Seller 1 /'
Seller 2
Taxpayer ID Type:
2
'~(1'= business, .2'= individual )
SELLER 1 NAME:
Last:
DAVIS
First & Middle:
SAlLY
SELLER 2 NAME:
Last:
First & Middle:
MAILING ADDRESS (as of January 31 of next '1~~r)
SELLER 1/
Street:
'"
t/~ S:fr
State: Fir Zip Code: 3,/ hiS-
City:
SELLER 2:
Street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
l/14/92
Contract Sales Price: Seller 1 -
60,000.00
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address:
1159 GOULD STREET CLEARWATER, FL 34615
Legal Description: LOr l6, BLK 5 PADGETT SUB a/k/a LOr l6 OF ORIGINAL Lor 5, R.H.
PADGETT SUB
Under penalties of perjury, I, SAlLY DAVIS
(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: /' j_IL-I_ <7:2- Seller - 1 Signature: /.,.f? r.~ L/",~
~Y DAVI7~
Date: Seller - 2 Si9nature:)(~ ~ l(J ~-r-a
CLOSING AGENT INFORMATION (to be completed by closing agent)
Name:
STEWART TITLE cx:M>ANY OF CLEARWATER, INC.
Mailing Address:
l290 COURT STREET
City:
CLEARWATER
State:
FL
Zip Code:
34616
Taxpayer ID Number:
59-l4339l8