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RUTH YOUNG ---- '1 I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk ~ FROM: M. A. Galbraith, Jr., City Attorney RE: Purchase from Estate of David Lee - Lot 9, Block 1, W. F. Hughey's Subdivision - For future development DATE: December 30, 1991 The subj ect purchase was completed today, and enclosed are the following documents: Contract for Purchase and Sale with Addendum Settlement Statement Title Commitment # C-9912-762467 issued by Stewart Title Guaranty Company Survey Copies of: Personal representatives deeds Quit claim deeds from Gladys Young, Margaret Lee, Luvenia Evelyn, and Nancy Hickman Information for real estate 1099-S report filing Non-foreign certification by individual transferor Disclosure form Indemnity and affidavit form Authorization and acknowledgement I will forward the original deed and title policy when I receive them. MAG: jmp Enclosures Copy: Daniel J. Deignan, Finance Director w/copy of Settlement Statement Return to: (enclose seff.addressed stamped envelope) Name: 91010113 INST t 92-001289 ,.Jti.N.. ," 19(:).. .',' ''2' '~61:'1 __ ___ _ _ , TAu..j. 'f I --! ----~-.U----- - ---. ~ RAM eo FORM 8 Address: :). '\ I'" i ,..., . .. ,~v ,."", 8 . \)l1L0~y: ,~,:~~.:.sT~GERMAnJ ThiS Instrumen'}prepared by: .., ':',,,'''', " J: C.Cd" .,'. "'., <\j ~ ~ .!l g 's ~ ,__PI~ELLAS COUNTY FI A 01- F . h.'EC Bk-' '77' ..,,," '" ... · --- .. '. ''\.. / ...J P (3 1. f37 :l. ~'1 . ! ; Address: ," \~~,~-;:-.I'-"~'~:: .,' VVhi,;:~ h,S,:'lE:L,,';: to 'Nri1ln~~ (_,,f ~J 'f~':~.2' f ~ "~~ L:: ~',.'~:,~ '.' r. Property Appraisers Parcel Identification IFoliol Number(sl: Grantee[s] 5.5. Its]: SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA mitis (@uit-Qtlaim ilttb. Executed this / ,zf day of December" , A.D. 19 91 ,by RUTH YOUNG, ad Jl-~ woman, as heir to the Estate of DAVID LEE, deceased first party, to unmarried CITY OF CLEARWATER, FLORIDA whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748 second party: (Wherever used herein the terms '1irst party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) BitUtssdlJ. That the said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party, the receipt whereofis hereby acknowledged, does hereby remise, release and quit-claim unto the said second party for(J/)er, all the right, title, interest, claim and demand which the said first party has in and to the follouring described lot, piece or parcel of land, situate, lying and being in the County of Pinellas , State of Florida , to-wit: The West Two-thirds (2/3) of Lot Nine (9) of Block One (1) of W.F. HUGHEY'S SUBDIVISION of LOT 8 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 1, Page 70 of the Public Records of Pinella~ County, Florida. Being the same property as described in Deed Book 250, Page2z4 of tne Public Re~ord9 of Pinel 1, as County, Florida. Parcel no. 15/29/15/41688/001/0090 f' Grantors social sec. II / ~ :1 J .-)!L. j 31- b (RUTH) J" This is a deed of convenience, consideration less than $100.00. Property is not the principal residence of the Grantor, she in fact resides at: i 1~ tJ~/ J1; r f'1/YY}Q, 'm4-, 021;39 Subject to taxes accruing subsequent to December 31, 1990, and all easements and restrictions of record. mn )lant aub tn )lnlb The same together with all and singular the appurtenances thereunto belonging on in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatso(J/)er of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 1Ju Bitutss Blttttnf. The said first party has signed and sealed these presents the day and year first above written. /c=",&zt H mmf ymThTr; . Printed Name l!D 26 WATSON ST.. CAMBRIDGE. MA 02139 Post Office Add...... ~"..Np~ uJ Witness Signature (as to second G"rantor, if any) ~'..gz 1fr ~- ---..::.-_..:.."..... KtiF'l FE:'N F:' X'IE:'l::<\ AI"r:'R"~" .:. ::'1," \...... . ....x....n\r....' . \ F~ECD\~D VEIUFIED BY: .,.. ,::- --- --~ 6--- l!D Printedr.o /, . Witness Signature (as to~ Grantor, if any) Printed Name , , F'"-;'n:; ...,. Grantor Signature Printed Name (i'~:~ OlA STATE OF Massachusetts COUNTY OF Middlesex I HEREBY CERTIFY th,at on this day, before me, an officer dUl~, a thorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RUTH ~OUNG i. ~t.<.. h . L ,a n arried woman, as elr to the Estate of DAVID LEE, deceased to me known to be the person described in and who executed the foregoing Quit.Claim Deed and she acknowledged before me that she . executed the same. ~. .,"," .. fH WITNESS my: ~~nQ a~d..officiaLseal in the County and State l~aIO_=id l~i'~{P day 01 . December" A.D ,19 91 . C,,, .-' _....A...~.t 'v ~ 1Il^-) .. . N Signature '\: , , , nf SEAII . ;;;J:;:~,tl.:!U':! I e K (J 1.\ ' I'J S (J My COlllmi..ion Expire.: / 2 ~ 4- '7 t "',oj .tI~.i ' , ';':' 5{)tJO [) Ju{pDII 5 I q ~ }D INST t 92-001293 JAN 2, 1992 3:46PM ---..-------------..---- .-------------.------- ;1 PINELLAS COUNTY FLA. OFF.REC.BK 7775 PG 1879 ...~ -~ PERSONAL REPRESENTATIVE'S DISTRIBUTIVE DEED (intestate -- single personal representative) THIS IND&"ITURE, made this 7 ')th day of Ncwpmhpr Ruth Young 26 Watson Street, Cambridge, MA 02139 the duly qualified and acting personal representative of the estate of Willie V. Duncan deceased, party of the first part and City of Clearwater whose post office address is P.O. Box 4748. Clearwater, FL 34618-4748 and whose SIBUk~CXlXtax identification number is 59-6000289 -' 19~ by and between whose post office address is --' . party of the second part. WITNESSETH: That WHEREAS, Willie V. Duncan -~.-' died intestate a resident of Pinellas County, Florida, on September 28 19 ~ seized and possessed of the real property hereinafter described; and WHEREAS, title to said property passed to the party of the second part as of the date of said decedent's death pursuant to the Florida law of descent and distribution as will more fully appear from those certain proceedings in the Circuit Court for P inellas County, Florida, Probate Division, in Case ~o. 91- 3799-ES003. subject only to the right of the party of the first part to sell or encumber the property for the purpose of defraying claims, costs and expenses of enminiRtration of the decedent's estate; and r] i"l J~'" ...-P'~....-.."".:.-- 'II ,>;\ WHEREAS, the party of the first part wishes to distribute said property to the party of the second part and evidence the release of the property from said right to sell or encumber; NOW, THEREFORE, in consideration of the foregoing and in connection with the distribution of the estate of said decedent, the party of the first part has released to the party of the second part the right to sell or encumber said property and granted, conveyed and confU'IDed unto the party of !".,FPD.:Jll. ,. ~lfr~e second part, . its . heirs and llSJIIlgJ"A forever, all of th~ interest ~f said decedent in and to, .~ 1t~ real property Sltuated m P;nollo. County, FIonda, deoenbed os rollows: 0 Undivided 1/6 interest as tenant in common of ~L5 Y1 West 2/3 of Lot 9 of Block 1 of W.F. HUGHEY'S SUBDIVISION of Lot 8 of R.H. PADGETT'S SUBDIVISION, according to Plat thereof recorded in Plat Book 1, Page 70, Public Records of P inellas County, F lor ida. Being the same property as described in Deed Book 250 page 224 of the Public Records of Pinellas County, Florida: 'L.J~3 0 J}/f PROPERTY APPRAISER'S PARCEL IDENTIFICATION NO. 15/29/15/1+1688/001/0090 Form No. P-5.0600-1 of 2 Copyright by The Florida Bar 1991 January q u1J / () 'Ar: I'''E'N F" I' E"Y: I AK""'R' ~"'I E" ",.' Knp:l.. ::. " ". .I.:......l...n :. , .,.,,: RECORD VEliIFIED f.<Y: ~ . , ,..' , 1 1 PINELLAS COUNTY FLA. nFF.REC.BK 7775 PG 1880 -~-_._------ _._._-.------~------_.._------ TOGETHER with all and singular the' tenements. hereditaments and appurtenances belonging to or in any way appertaining to that real property, subject to all restrictions, reservations and easements of record, if any, and ad valorem taxes for the current year. Because this deed is given to evidence the distribution of assets of a decedent's estate aIAd involves the assumption of no mortgage, minimum state documentary stamps are affixed. IN ,WITNESS WHEREOF, the undersigned, as personal representative of the estate of the said decedent, has executed' this instrument under seal on the date aforesaid. Signed, sealed and delivered in the presence of PdntN?~ ~ ~:7Z # RUTH YOUNGe" -~ As personal representative of the estate of ~ q~ YliUieV.nunc~D Print Name 00'/ L L G r... OL deceased STATE OF -&1 tA 5 S I COUNTY OF jv\ "JdLes ~ The foregoing instrument was acknowledged before me this ~ 6 day of N d v:. - 19...2.L, by Ruth Young as personal representative of the estate of W ilUe V. Duncan deceased. Printed Name: ~JI tJ~~L~SD~ ~tate of' 1'V\ tc '.~.. ~ ' ' . ,.:_ At Large J My Commi!ll.q1on Expires: Lf - :2. -71 This instrument prepared by: WHITSON & WHITSON, P.A. 309 South Garden A venue Clearwater, FL 34616 [Print or type names under all signature lines.] Form No. P.5.0600-2 oC2 Copyright by The Florida Bar 1991 January .1 ~y"' CjID[YOI/!J' 1 In ohIO I ..; INS,. i 92-"()01294 JAN 2, 1992 3:46PM _~PINELLAS COUNTY FLA. el':.! .I:;;EC. BI\ 77 "7 I:'j ':'(~'l (:)8'1 __0____ ___ __ 1\. .? \;)\, ,.... PERSONAL REPRESENTATIVE'S DISTRIBUTIVE DEED (intestate - single personal representative) THIS IND&'ITURE, made this ? Sth day of Ruth Y oun~ 26 Watson Street, Cambridge, MA 02139 the duly qualified and acting personal representative of the estate of David Lee Nm/Pmnpr' . 191L-, by and between whose post office address is deceased, party of the first part and City of Clearwater whose post office address is P.o. Ro'){ lJ.7lJ.Rr rlp;:lrwrltprr FT 1lJ.h 1 R-lJ.7lJ.R and whose socialxsecl.l!'iqxoo<tax identification number is 59-6000289 the second part. . party oi WITNESSETH: That WHEREAS, Oavid Lee I ~, i ' died intestate a resident of Pinpll;:lc; County, Florida, on l;:lnIl;:lry 1 R 19 ~ seized and possessed of the real property hereinafter described; and WHEREAS, title to said property passed to the party of the second part as of the date of said decedent's death pursuant to the Florida law of descent and distribution as will more fully appear from those certain proceedings in the Circuit Court for Pinpll;:ls County, Florida, Probate /; Division, in Case ~ o. 91- 3 3 6 9- E 3 . subject only to the right of the party of the flr'St part to sell ,'t j or encumber the property for the purpose of defraying claims, costs and expenses of suhniniRtration of the decedent's estate; and WHEREAS, the party of the first part wishes to distribute said property to the party of the second part and evidence the release of the property from said right to sell or encumber; NOW, THEREFORE, in consideration of the foregoing and in connection with the distribution of the estate of said decedent, the party of the first part bas released to the party of the second part the right to sell or encumber said property and granted, conveyed and confIrmed unto the party of the second part, its heirs and assigJ'\R forever, all of the interest of said decedent in and to the real property situated in Pinellas CoWlty, Florida, described as follows: IH P"1t!lv'r.' l~::;~h ~ West two-thirds (2/3) of Lot 9 of Block 1 ~~l. ;::":/c:' --- of W.F. HUGHEY'S SUBDIVISION of Lot 8 of . . '~~r:'~"v T'); : , .------ R.H. PADGETT'S SUBDIVISION, according to ,,- ~..__.-...~ is ----__._.._ the Plat thereof recorded in Plat Book 1, ~:, ri . pa~e 70, Public Records of Pinellas County, Florida I;v Belng the same property as described in Deed Book 250 pa 4 of the Public Records of Pinellas County, Florida. ' rt/j/ ad t39So /Jf -- PROPERTY APPRAISER'S PARCEL IDENTIFICATION NO. 1 5/?9/ 1 5/lJ.l hRR/on 1 lonqn Form No. P'5.0600-1 of 2 Copyright by The Florida Bar 1991 January /D ~ 10 KARl..EEN F: ~ . l~':-:F~I.:.tiKEf:, ~~K \:-.: E C ()Rl)nl,J~I~~li~_~-!-<~ · ~~ ... . ...,. . 1 I F'INEI...I...AS COUNTY Fl...h. DtJ-_.fi E~~~_l:ll< ? II ~:5_1:1-L_ 1. ~3!3 :-5 :-/ TOGETHER with all and singular the tenemenis, hereditaments and appurtenances belonging to or in any way appertaining to that real property, subject to all restrictions, reservations and easements of record. if any, and ad valorem taxes for the current year. Because this deed is given to evidence the distribution of assets of a decedent's estate ac..d involves the assumption of no mortgage, minimum state documentary stamps are affixed. IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of the said decedent, has executed this instrument under seal on the date aforesaid. S~ea1ed and d, elivered in the presence of . ' /.,,', / ~~ ~ ~~. Print Name · RUTH YOUNG;:'> . - :-B' loa personal repr.....tative of thoLe of ~~~ ~. David Lee Print Name LV e, ILL c ;:; ~ 0 L Y deceased STATE OF ~ Ass. " COUNTY OF j/l.' d J lr; s ~~ The foregoing instrument was acknowledged before me this .2 ~ day of IV tJ VI 19~ by Ruth Young as personal representative or the estate or David Lee deceased. Printed Name: ~: e ~'!'ISQIJ ~ta}f~(~~-~--- At Large -. My ()unmilUlion Expires: Lj'-' ~ - (if This instrument prepared by: WHITSON & WHITSON, P.A. 309 South Garden A venue Clearwater, FL 34616 [Print or type names under all signature lines.] Form No. P'5.0600-2 of 2 Copyright by The Florida Bar 1991 January ~ ~ ~"T"ti~~~~'~i~;{:1Jr;;, ~t~'~"2geH~as~C o,,13r ::~q]591~ ~ Igt'M Ihallh8 Seller llhalI .... and Buyer lhall buy the following real property ("Real Property") and perlonal property ("Pe~onallY") (colleCllwly .~.I upon Ihe following terlTll ancI conditions whICh INCLUDE the Standards lor Rtlal Eslattl TrllnsaetlOn~ Printed on the reverse or all ached I Slandard!s]') a any addendum to th..liiiifriiment. N 11: " f: ~ \ ~""',\ ev ,.... 1/ hh 1:?'r-^U1Y)-e(1 I. (b) Street address. elly. zip, 01 the Properly is: (cl Personalty: ~5. 'J7S. DO ii I , . I ll'Oi/ided, \hit Iher8 exlIta at cIoIIng no violation of the loregoing and none 01 theni prevents use 01 Real Property lor ( . () W1 W\ "yo / r' -4 I purpoae(ll, nil. OCCUMNCY: Seller ~ thai there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied b8l/Ond cloIIng. ItlI fact and Wma 'nerU ahalI be stated herein, IInd the tenent(s) or oc~nta disclosed put'lIUI\Ill 10 Standard F. Seller agrees to deliYer occupancy of Property at time of cloIIng unleu oIherwiIe ltated hInIln. II occupancy II to be deliV8l8d before cloaing, Buyer a88Umes sll risk of loss to Property from date of occupancy, shall be responsible and liable for ftlIlnaIn8nce from ''IaI dIIe, 1IId' atlaIl be.4eemld to haV8 accepted Properly In their exi8ling condiIioo as 01 time 01 taking occupancy unless otherwise staled herein or in a aeparale ~ "x. ~ITTEN OR HANDWflITTEN PROVISIONS: Typewritten or handwritten provisions &hall control all printed provisions 01 Contract in conflict wfth lhem. l(. INIULA1'ION 'UD'fllll ConIraQIII IllIIIIzed for the aaIe 01 a new relldence, ItlIlnaulation Aider or eQUivalent may be allached. lO. ~AL OONITRUOTION CONTROL UN. (.CCCL.) RIDER: If Conlracll8 utilized for the I8le of Property affacted by the CCCL., Chapter 181. FA, (1~851. .. amenclId. i lhIlI ~ ....... COCL'Alder or eQUIvlIIInt may be a.~ 10 thlI Contract. I '[." i'a. . '.oRI. . .,INVUTIIINT ....RIAI. MOPIRTY . TAX It&f (.FIR~:DER: The parties shall comply with the provisions of FIAPT., ~ and, a, ppllcable /1IllUIlUlllIla whIGh CllIIIId J .;......1II'CMdI.....-".. ~,k).... wtthholdi~ IeQU and the FIRPTA Aider or tQuivalBnl may be altached 10 this Contract 1 ~.~"~'AI""""ITYI (ct.:ic'f1) 01 (2)): Buyer' (110 may aaaign OR (21M may not aaaign Contract. . ' '~ ~";~~'~ ~. QLAUIII: (a.cK (1) or (2)): Addandum (1) 0 Ie attached OR (2)m is not applicable. ,'} /r,io THIS IS INTENDED -10 BE A LEGALLY BINDING CONTRACT. ,.' Ii .. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. II . THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAA. I., i A/IIJItfJNeI doN not 00Il8tJtUt8 lIfJ opinion th8I, Bff'I of /he terms and CO(Iditions in lIlis Con/IIlCt should be accepted by the parlifls In B particular ttansactitn Terms ,'l II'Id conditions IhouId be negoIiated besMJ l4POfl /he I8IiJllICW8 inlerests. obieclives and balgalning positions 01 aU interested petSOIIS. , 1 COPYRIGHT 1988 BY THE FLORIDA BAA AND THE FLORIDA ASSOCIATION OF REALTORS, INC. i: I; .:-5j~/9/ Date . :i;tY~'.A't;torne~. '. Cl1<!e~ Wright. C:i, ty-M~nager ___ '~fJf1~~~"~{ ~~~ Citr:!e:k on '. .' / - '~. . . ....(. ' HEN SUBJECT TO CLEARANCE. iQWIr8 FEE: (CHECK. c:OMPl.EllHl'lE D!E'APPI.ICASLE1 By: '1" ~ AQRUMeNTie-CURRENTLY IN EFFECT: . . ... .-to pay the BluUr namad btIoW.1nclud1lQ cooperatl~ aub-agenta named. according to the terms of sn existing, separate listing agreement: ....., ' Jjc!!" . ~ AGAUMUr 18 Q!lRAENTLY IN EFFECT: .,'., , ",., .... pay the ifoIIer iiiiiiiillleIOw. at time of cIoeIng. lrom Ih8 diaburaementa of the proceedl 01 the sale, compensalion in the amounl 01 (COMPLETE ONLY ONEI ,. err gIQII PllRlhIIIf prIM OR . '. for BroUr'I 88nric88 In effecting the salB by finding the Buyer ready. willing and able 10 purchase purauant 10 the foregoing .., . __ talII 10 perform and depoaIt(lllI retained. 60'11. thereof. but)lDt -""""o:lil1lllhe Broker's fee abo\l8 provided, shall be paid Broker, 81 full coneideration for Broker'. '"....lncUdIna 00Ita 8IQlIIIdId by BnlMr. and the balance shalt be paid J6 SeIer. " the trel188Ction shall not close because ot refusal or failure 01 Seller 10 perform. Seller Ihalt tV .. ,1uI lie to, EIn:IMr on -....s. In any HllgBtlon artaing out, 01 the Contract concerning the Broker'a 1$8, the prevailing perty shall r8CO\l8l' I8UOI'llIbl8 Ittorney. feel and COIta. ,~cial Security or Tax 1.0. 11 Date (Sellerl Soclal Security or Tax to. 11 (E8crow AQenlI (film NIIIO of Brok.erl ''''J'X! _~"'-'l - ,1-f I NOAA =t (Seller) (authorized aignaloryl (Seller) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. I ! '-" I r STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract 01 title prepared or brought current by a reputable and existing abstract firm (if not existing then cerlilied as correct by an existing fir purporting to be an accurate synopsis 01 the instruments affechng htle to Real Property recolderl in thl'! public /I'cords of tho county wherein Real Property is located. through Effect, Date and which shall commence with the earliest public records. or such later 'dote as may be customary In the county, Upon closing of this transaction the abstract shall becol the property 01 Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A htle insur>lnce commitment issued by a Florida licensed title insurer agreei to i~ to Buyer, upon recording of the deed to Buyer, an owner's policy 01 title insurence in the amount 01 the purchase price. insuring Buyer's title to Real Property, SUbject Of to 1I8ns, encumbrances, exceptions or qualilicatioR Set lorth in this Contract and those which shall be discharged by Seller at or belore closing. Seller shall convey I marketa! title aubject only to liens, encumbrances, exceptions or qualilications set lorth in Contract. Marketable title shall be determined according to applicable Title Standards adopted I authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, il abstract, or 5 days, if lIlIe commitment, from date of receiving evidence 01 title to exami: It. If title ,islound delectlve, Buyer ahall, within 3 days, notify Seller in writing speCifying delect(sl. II the defect(s) render title unmarketable, Seller will have 120 days lrom recel of notice within which to remove the defect(s), laili(lg which Buyer shall have the option of either accepting the titie as it then is or demanding a refund 01 deposil(s) paid whi, shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all furthel obligations undel the Contract. Seller will, if title is found unmarketab use diligent effort to correct de'ect(sl in titie within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage, and mortgage note to Seller shall provide lor a 30 deY grace period the event 01 default il a lirst mortgage and a 15 day grace period if a second or lesser mortgage; shall provide lor right of prepayment in whole or in part without penally; sh not permit acceleration or interest adjustment in event of resale of Real Property; shall require all priol lien and encumbrances to be kept in good standing and forbid medificatio' of or future advances under prior mortgage(s); and the mortgage. note and security agreement shall be otherwise in form and content lequired by Seller; but Seller may only requl clauses customarily lound in mortgages. mortgage notes. and security agreements generally utilized by saving and loan institutions, 01 state or national banks located in the coun wherein Real Property is located, All Personalty and lease$ being conveyed or assigned will. at Seller's option, be sublect to the lien of a security agreement evidenced by record, llnancing statements. II a balloon mortgage. the final payment will exceed the periodic payments thereon. C, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to e_amine same, may have Real Property surveyed and certified by a registered Flori surveyor. If survey shows encroachment on Real Propelty or that improvements located on Real Properly encroach on setback lines. easements, lands of others. or violate any restrictior Contract covenants or applicable gover,nmental legulation, the same shall constitute a title defect. P.TERM!IES: _Buyer. at Suyer:1UaxpenSe.wilhin ti~le_allO'Ned to detiverevidence of title and. to examine same. may have Real Property inspected by a Florida Certified Pest Cont, Operator to determine if there is any visible active termite fnfestitlori or Visible eXlstlllg,-oamage fr6m Wrrtllle lnl~stat1<:m1Irtha impro',-ements. .ireither-.~-t\flth-llre.fGUr.d,8\Jye' " have 4 days from date of written notice thereof. within which to have aU dam~es; wl1ether visible or not. inspected arid estimatep by a licensed builder or general contlactor. Sel! shall pay valid costs of treatment and repair of all damage up to 2% !lll1joch<!sll'j~ice, ShOuld such costs exceed that amount. Buyer shall have the option of cancelling Contra withill 5 days after receipt of contractor's lepair estimate by giving wrjtten-noHce-to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall recei' a' 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. "Tel mites" shall be deemed to include all woe destroying organisms required to be reported under the Florida Pest Control Act. E. INGRESS AND EGRESS: Seller warrants and represents that thele is Ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII heree title to which is in accordance ~ith Standard A. F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel Iellers flom each tenant specifying the nature and dura tic of the tenant's occupal'lCY. rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall t furnished by Seller to Buyer within that lime period in the form 01 a Seller's affidav~, and Buyer may therealler contact tenants to confirm such information. Seller shall, at c10sin .dellver and assign all original leases to Buyer. G. WENS: Seller shall furnish to Buyer at time of closing an affidavit aile sting to the absence. unless otherwise provided lor herein. of any financing statements, claims of lien ( potenllal lienors known to Seller and further attesting that there have been no improvements or repairs to Property lor 90 days immediateiy praceding date of closing. If Proper! has been improvec;l, or repaired within that time,Seller shall deliver releases or waivers 01 mechanics' liens executed by all general contractors, subcontractors. suppliers. and materialme in addition to Seller's lien affidavit selling lorth the names 01 all such general contractors, subcontractors, suppliels and materialmen and further affirming that all charges lor Improvement or repairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the allorney or other Closing agent designaled by Seller. I. nME: Time ill of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays end slate or IlIl1on81 ~ hoIIlJays and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next ?usiness day. . J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill 01 sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppellellers, and correcttve lnslrumenL Buyer shall furnish closing statement, mortgage, mortgage note. security agreement. and financing statements. K, EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intllngible tax and recording purcha5e mane IT1OI'tgage to Seller. deed and financing statements shall be paid by Buyer. L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Properly shall be prorated through dey belore closing. Buyer shall hay the option of taking over any existing policies 01 insurance, If assumable, in which event premiums shall be prorated. Cash ai' closing shall be increased or decreased as may b required by prorations. Prorations will ba made through day prior to occupancy il occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer ar> escrow depoaits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum aHowable discour. homestead and other exemptions. If Closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated base lJI)Ol1sucl1l1Ssessment.andtl1e_!l!:ior year's millage. If current year's assessment is not available, then taxes will be prorated on tha prior year's tax. If there are completed improvement on Real Property oy .January ist 01 yean5fClOsing Wl'iiCnlrTlpI'OVtimen;S- -"".era--not-1n l:)(ister:ca--ert.~lsHH-#1e-pr~.thell- taxes shalLbeororated b<lSeduoon.Jhll grn; year's millage and at an equitable assessment to be agreed upon between the parties, lailing which, request will, be made to the County Property Appraiser for an inlormal assessmel taking Into consideralion available exemptions. Any tax proration based on an estimate may, at requestor either Buyer or Seller, be SUbsequently readjusted upon receipt 01 tax b on condlllon that a stalement to that eflect is in the closing statement. M. SPECIAL ASSESSMENT LIENS; Certified, confirmed and ratified special assessment liens as of date 01 closing (and not as of Effective Date) are to be paid by Seller. Pendir. liens as 01 dete of closing shall be assumed by Buyer. If the improvement has been substantially completed as 01 Effective Date. such pending lien shall be considered as certifier coafirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate 01 assessment for the improvement by the public body. N, INSPEcnON, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, rool (including the fascia and solllts) and exterior and Interior wal! do not haYe any VISIBLE EVIDENCE 01 leaks 'Or water damage and that the septic tank, pool. all major appliances, heating, cooling. electrical, pIlJmbing systems and machinery ar in WORKING CONDITION. Buyer may, at Buyer's - expense, have inspections made 01 those items by an appropriately Florida licensed person dealing in the construcllon, repair 0 malnJenanceof those items and shall report in writing to Seller such items that do not meet the above standards as to delects together with the cost 01 correcting them, prior t, Buyer's CICC\JP1IIlCy or not less than 10 days prior to closing; whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have wsived Seller" warranlles as \fa defects not reported. If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for, such repairs or replacements by an appropriatel' Florida licensed parsO" selectad by Seller. If the cost lor such repairs or replacement exceeds 3% 01 the purchase price. Buyer or Seller may elect to pay such excess, falling whic' either party' may cancel this Contract. II Seller is unable to correct the defects prior to closing, the cost thereol shall be paid Into escrow at closing. Seller will, upon reasonabl, notice, provide utilities service for Inspections. Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio herein warranled, Ordinary wear and tear excepted. Buyer shall be permitted access lor inspection 01 Property prior to c10lling in order to conlirm compliance with this Slandarc , 0., RISK OF LOSS: If the Property is damaged by lire or other casualty belore closing and cost 01 restoration does not exceed 3% 01 the assessed valuation of the Property s' , deme.ged, 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 co~ 01 restoration exceeds 3% of the Bssessedvaluation 01 the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% e any Insurance proceeds payable by virtue 01 such loss or damage. or 01 cancelling Contract and receiving relurn of deposit(s). p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of lunds. If abstract. evidence 01 title shall be continued at Buyer's expense to sho, title In Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held In escro\' 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. II Seller's title is rendered unmarketabl. through no fault 01 Buyer, Buyer shall. within the 5 day period. notily Seller in writing of the defect and Seller shall have 30 days from date 01 leceipt of such notification to cur the defect. If Seller lails to timely cure the defect. all deposlt(s) shall. upon wrillen demand by, Buyer and within 5 days after demand. be returned to B~r and simultaneously wit such repayment, Buyer shall return Personally and vacate Real Property and recolwey it to Seller by special warranty deed. If Buyer fails to maketimell/. demand lor refund, Buy~ shall take title as is. waiving all rights against. Seller as to any intervening delect except as may be ,available 10 Buyer by virtue or warranties contaiood 'in the deed. II a portio of lhepurchase price is to be derived from institutional financing or refinancing. requirements of the lending, institution as to place, time ,of day and procedures. for closing, and fe disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the light to require Iromthejeriding institut;on a .....rilten commitment thi' It will not withhold disbursement of mortgage proceeds as a lesull of any title defect attributable to Buyer.mortgagor. The escrow ar>d closing procedure required by this Standar may be waived II title agent insures adverseruatlerspu..rsuantto Section 627.7841. FS. (1987). as amended . . Q, ESCROW: Any escrow agent ("~n receiving funds or equivalent is authorized and agrees by acceptance of them to depOsif them promptl'f, hold same irr G3c!'?w and;5ubjec 10 clearance, disburse them in accordance with terms and conditions 01 Contract. Failure of clearance of funds shalf not excuse Buyer's p_erfof'mance. II in doubt. ~ to Agent's dulie or liabilities under the provisions 0' Contract. Agent may, at Agent's option, continue to hold the subject matter of the escrow u~til th,i parties mutually agreEt.!p its disbursemen or unt" a judgment 01 a court 01 competent jurisdiction shall determine the rights of the parties or Agent may deposit wilh Ihe. glerk ,,,r'ihecircuit court h~~J- jurisdicllon of th dispute. Upon notifying all parties concerned of such action. all liability on the part of Agent shall fully terminate. except to the e,>!.Ieill ol~"tOl;nting: for any it,ems. previously delivere' out 01 escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475. F.S. (1987), as amended. Any suit-between Bu~r and Se.ller where Agent is mad a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shan .ret:over reasonable' ato.."ffieY's lees and cost incurred with the fees and cosls to be charged and assessed as courl costs in favor 01 the prevailing party. Parties agree that AI/ent sh!lll not be. liable 10 any party or perso: for misdelivery to Buyer or Seller 01 items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross ~gligenceo'- Agent. R, ATTORNEY FEES; COSTS: In any litigation arising out of this Contra!:t. the prevailing party shall be entitled to recover reasonable allorRtl'{'s'lees and oost,s. . S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the lime specified (including payment 01 all deposit(s)), the deposil(sf paid by Buyer may be retaine, by or for the account of Seller as agreed upon liquidated damages. consideration for the execution of this Contlact and in full settlement of any, claims; whereupon, Buyer and Selle ~hall be relieved or all Obligations under Contract; ur Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. II. for any reason other than lailur. JI Seller to make Seiler'S title marketable after diligent effort. Seller fails. neglects or refuses to perform this Contract. the Buyer may seek specific performance or elect to receiv. the raturn of Buyer's deposit(s) without thereby waiving any action for damages resulling from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind an' .nure to the benefit 01 the parties and theil successols in interest. Whenever Ihe context permits. singular shall include plural and one gender shall include all. Notice given by 0 '0 the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warral1ty. truslee's. personal representative's or guardian's deed, as appropriate 10 the status of Seller. sublee only to matters contained in Paragraph VII and li.',se otherwis,! )ccepted by Buyer Persol1dlty slnll. at request of Buyer. be transferred by an absolute bill of sale with warrant', 'Jf tille, subject only to such matters as may be otherWise provided for herein. . V, OTHER AGREEMENTS: No prior or present agleements or repreSe!ltations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change ir this ContI act shall be valid or binding upon Ihe parties ul1less in writing arXf" executed by the party or parties intended to be b0unrl by it. . N. WARRANTIES: Seller warrants that there are no facts knowl1 to Seller materially affpcting the value of the Aeal Property which ,lie not readily observable by Buyel or whic' 'ave not been disclosed to Buyer. . I Add-;ndum To l,ontact '-or ::;;'dlC Vi i .t...... _~i...m: ADDENDUM NO. -.ONE CONTRACT DATED: June 21st, 1991 SELLER: Ruth Young BUYER: City of Clearwater PROPERTY ADDRIiS~: " 1166 Brownell Street, Clearwater, Fi. 34616 LEGAL DESCRIPTION: w. F. Hughey's Sub. Block 1 West 2/3 of Lot 9 II is understood and agreed by all parties with their signatures alllxed hereto that the additional prOlJlslons of this addendum shall become a permanent part of the subjed Contract. .. EXTEND CLOSING DATE OF ABOVE DESCRIBED PROPERTY TO ON OR BEFORE 31 DECEMBER 1991 SEEK LEGAL AND TAX ADVICE PRIOR TO SIGNING, IF NOT UNDERSTOOD. --~-WHNE3SES AS 10 SIGNATURE OF BUYER:--- ITwosiwlalures recQ(t!mendad but not reQuired) Accepted and ApprC'.'sd ,19 jSEAL) BUYER (SEAL\ WITNESSES AS TO SIGNATURE OF SELLER: (Two signatures recommended but not reql.ll!&d) BUtER. , -d Accepted and Approved )1 c~ cl, 9 ,19~_ ~ ~-d-I4'J7, "." - (SEAL1 SELLER I (SEAL) SELLER I I S""I'lil.. ,,/ CO,II,ncL RONALD IRONI E. SOMERS President 1290 Court Sheet Clearwater, Florida 34616 STEWAR'l" 'l"I'l"LE OF CLEARWATER P.O. Box 2756 Clearwater, Florida 34617 (813) 441.2689 AU'lliORIZATION AND ACKNOWLEDGEMENT FORM Reference: FILE NO. LEGAL W 2/3 OF wr 9, BLK I, W.F. HUGHEY'S SUB 91060113 SELLER ESTATE OF DAVID LEE BUYER CITY OF CLEARWATER We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SE'ITI..El'1ENT STATEMENT - I-RJD FORM 1) and authorized disbursement of funds as shown therein this 30 day of DECEMBER , 19 91. We further acknowledge that we understand utility bills are not included in this statement and that the proration of taxes as shown in the statement of actual cost is based on the latest information available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this transaction. Stewart Title Company of Clearwater, Inc., will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, assertain if there will be personal property tax on subject property or an amount on which to base a proration. N1Y proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company Company of Clearwater, Inc. Stewart Title Company of Clearwater, Inc., will be not held responsible. '!HAT ALL UITLITY BILLS (WATER, SEWm, EL&:1.RIC, MAlNI.'mANCE FEES) HAVE BEEN PAID OR WIIL BE PAID UPON REX:EIPl' OF FINAL BILLS. ,,/ 4,4~l~ . . by: R YOUNG, PERSONAL REP. ~ INITIMB ~,~~ -{i -By: CITY O~ CL 'ATER, ---- SELLER'S FORWARDING ADDRESS: V1 :Af W~#: V- f ~ J lJ2a&1;. HOME PHONE# v"I ? / 7 ~ 5 '17~ 013 Y.s-' , I . BUYER'S FORWARDING ADDRESS: Ro.4 {71i ~ ~ J/t,tf I HOME PHONE# WORK PHONE# ~1."'h7bo WORK PHONE#~ THIS IS TO FURTHER Aill'HORIZE CHANGES NECESSARY TO THE CLOSING STATEMENT. TO APPROVE 'ANY STEWARl' TITLE COMPANY OF CLEARWA'l'ER, INC. BY: , .. TL BE FILLED IN PERSONALLf BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY ESTATE OF DAVID LEE Seller or Owner-Borrower W 2/3 OF LOT 9, BLK 1, W.F HUGHEY'S SUB Contractor (if new construction) Purchaser personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there are: l. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an- tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a financing statement, security agreement or otherwise except the following: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY I Approximate Amount ,,/ 7J ~YlJ___ . 2. No loans of any kind on said property except the following: (If none, so state.) NAME AND ADDRESS OF CREDITOR Approximate Amount J ,./ 17 hU../ 3. All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements or repairs have been fully paid and satisfied, except: (If none, so state.) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS J Approximate Amount ....- '7'1....n<.-1 4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state.) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MA TERIALS Approximate Amount 5. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or firms, except: (If none, so state.) SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS 6. I, the undersigned owner, further certify th2'.t the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color of title or right of possession. The improvements or repairs to said property are now completed and have been accepted by purchaser and/or owner-borrower. INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PA Y 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 HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMA TION OF THIS TRANSACTION. I realize that the purchaser and / or lender in this transaction are relying on the representation contained herein in purchasing same or lending mo th r on d would not purchase same or lend money thereon unless said representations were made. ~ .- by: SWORN TO AND SUBSCRIBED BEFORE ME T~I; zbth..dayof DECF;MBER 91 ,19_. ~ Not ry Public in and for 1_ My Commission Expires: County, MASSACHUSETTS ~ _ 2- ~PIV '-{- - 1 ft-i 1 Rev. 1/88 NOTE: 11Ii. rorm It 10 be .ilftOCl by leU., in cale or ..... If no...., ills 10 be .ipod by lhe oOln.,.bonowe,. Ir lhere it Iny 11001 con.l,uclion, Ih. conl'lclo, mull 11.0 join in Ihis rorm or lian I wpartJt one. I I '\"nf";/)' nf ('Olllll1'-' RONALD (RONI E. SOMERS President 1290 Court Street Clearwatar, Florida 34616 s'rEW AIl'l" 'l'l'l'l~I~ OF CLEARWATER P.O. Box 2756 Clearwater, Florida 34617 18131441-2689 D I S C LOS U R E We, the Owners of that certain real property located at W 2/3 OF LOr 9, BLK 1, W.F. HUGHEY'S SUB Pinellas County, Florida, do hereby disclose the following facts known to me which may materially affect the value or desirability of said property. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially effect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. :J v ~:df, WI. ness \ ....,... ,~7L e~it. Rt1IH YOUNG, ERSON REP. STATE OF COUNTY OF MASSAQillSEITS MIDDLESEX 3 SWORN TO AND SUBSCRIBED BEFORE ME THIS - -Z C 'r~ DAY OF DECEMBER , 19 91. 5 V"" My Commission Expires: ~A'~~ Notary Public 2 - 4 -1'i ,'0 :2-,,~-C;1- .,"'1 ~ ~(t/l ~ .: 1 J NON-FOlm.LGN CI!;H'1'.LFJCl\'l~LOH BY 1I-IIJJ V JlJUAL 'l'\lJ\I'/SP'J.i;HOH 1. SecU.ull H"5 uf Lhe lllLetlla.l HeVel111e Coue pl'uvJ.uen lhnt 0 tt:tl\lsferee 1.'[ 0 Ulliled SLoles reoI propel'Ly illterest IUllst w.Lthhu.ld tox if Lhe trolls(eror is IJ roreJYII t)(!r901l. 2. 1.11 order Lo :lIlIot.1lI Lhe LUJIIsferen Lhot wlLhho.ld.l.lIV or Lox Ju 1101.:. lequlred UpOIl Lhe l1.lspos.l.l.:..I.oll by ESTATE OF DAVlD LEE ~he UlIlte<.J Stol.:.es real property t1escdbed os [o.l.lows: W 2/3 OF LOT 9, BLK I, W.F. HUGHEY'S SUB Lhe ulltJersiyneU trans(et.or certifies olld declares 1Jy IneallS o( lhis certlflcutiuII, Lhe (ollowIl1g: . (a) I (We) 0111 (ore) 110t Iloll-reaIdelll.:. a11ell(s) (or lXJrposes of UlIlleu SLutes illcome taxal.:..ioll 011(1, (b) I'ly Ullil r..o Sloles Nl'tm ESTATE OF DAVID LEE taypapet,' ic.1elll1fyillY Illllllber( s) (SocIal Secur! ty Number) SOCJ.^,.J mX:UH1'.l'Y NUl'IlJEIl \ ~ ~A77, ~ " .~ " " . I' " is/m'o: (e) Ny hOllle {l(klteus Js (ultochetJ oddllJ.ollul puye Jf lIecessm:y) (d) There ore 110 oLher lJersoll9 who huve UII OWlleJ:uh.l.p JIILereul 111 Lhe oIJOvc-t1eucr.l.b2d proJ,Jetly oLh8rUIQIl those (Jersolls set (OI:'UI ulJove III sutJ(JClJ:'OYrtlllh (b). J. ',IlIe ulldeL's.I.gllud hereby [Ut'l.:.her cerl.:..i(J.es olld t1ecJ.on~u: (a) I (We) UIldet'stolKJ lhat lhe purchaser of the obove describell P1'Op(~rly inLellds lo ':eJ.y 011 the [OI:egoiIIV r.epreselllal.:.J.ol1s :l.1l cOllllecl:.tOI1 wilh lhe 1Il1.1.l:ed Sloles f1'ol'eJ.YIl Illveullllcllt:. ill Heal {It'ol'erly '1'ox 1\ct:.. (94 SlHtute 2GU2 ou {lIl1elldetl). (b) I (WI!) Ulldet:nlulld LIds ccrlJ.f.l.coUoll lIny IJe l1.l8c.l.oned Lo Lito Illlerllal Hevullue SeJ:v.l.ce by ltolls(etee OlKJ lltat OilY fulso stalelllenl cOlllull1ell ill LIds cetUUcaL.lolI 11Ii.IY Ix! I~lll.l.SIt(!d hy L1.1m, J.lIlvd.nolllllollt 01: hAil. UIlder pOllull.:.J.es of lJet-jUty 1 (we) (Jeclure I (we) (!collon onll it is Lrue, correct alld complete. J,..., Uate DECEMBER hove exom.llletl corefully lItls cerll-:- ~ ,/'" Wtna V Witness ('ll1is clOCllll1ellt h1Uat be retail1 Wlt:.i1 the end of the fifth taxable year (oilowIng I.:.he,' taxable yeor J.11 wh.lch the transfer takes place). CONSUIJ1' YOun 1\'l'lQllNI~V 1\NU/On 'I'1\.X 1\IJVlSOH - No HEPHESI!.N'l'l\'l'lON on ImU:JlIl'mNIJATION IS HAIJI!: BY STl!.WAH'J.' 'J.'.l'JH~ INSlJlt1\NCI~ C{]\IP1\.NY 1\NIJ/on CONCI~ltNJ.NG 'l'Il~~ LEG^I.. SUFL;'JC.I.I~;NCY ^NIJ/on 'l'^X CONSQUI~'NCES m' '11IJ.S lXJCUNI~t-ir:-yUl."-;;;AY IJ~ UI!;QUlJU;U TO FILe ^ COpy OL~ 'I'll W J.xX:tJMUf.l.' W.I '1'11 'l'III~ INTl!;nNAJ~ IUWI!MJI~ SI~:nV.tCI!:. 'J1ll!:SI~ AIm QUES'J'.lUNS run YOun ^'1'ronNI~Y OH T^X ^IN lS0H. 1991 at MIDDLESEX COUI\ty, 3 ;Z;tt JI1 . ..- by: Rill'H YOUNGW~~P. l'1ASSACHUSETIS 'I.' . .' ,',', S'1'1\'l'l!: olr MASSACHUSE1TS COUNTY O~" MIDDLESEX I 1Il!:IU~tJY CI:.ltl'll''Y thot on Lhla clay, before llle, an of;ficer uuly aulhorizeu 1n the State aforeaeid allll iu the Coul1ty o(oreaaid t:.o toka oclt.nowleclYlUel1t:.s, persol1011y nppeored ' Rill'H YOUNG, PERSONAL REP. FOR DAVID LEE ESTATE _ to me ItllOWtI to be Lhe petelJI1S described in alld who execul.:.ed lhe {oteyoll1Y .I.lIslnunellt olld Lhey ot:kl1owletlyell 1..x~fote IlIe lhat:. they executed lhe Elome. <;:... Wl'lNI.!:SS IllY Imnll ond officiol 8eal in the Counly und SLole laal.:. of ores aid LlIls ;? ~ of DECEMBER 19. ,91. . \j~ ~ '~J ' . v ~.ul~ NO!' ItY PUUJJJ.C '] ..... , MY CUI'IISSION EXPlm~S I ? ... ~.. '1 t/. . J duy (,1 tv ~~\ ) I INFORMATION FOR REAL ESTATE 1099-S REPORT FILING Section 6045 of the Internal Revenue Code, as amended by. the Tax Reform Act of 1986, requires the'reporting of certain information on every real estate transaction. From the information you provide below, a Form 1099-s will be produced, a copy of it will be furnished to the I.R.S. and to you no later than January 31 of the next year, and a copy may be sent to other third parties. If you fail to furnish adequate information (in particular, a taxpayer ID number), then you will be subject to all I.R.S. Regulations, including the possible withholding of twenty percent (20%) ,of the current sales price. File Number: 91060113 Taxpayer ID Number:Seller 1 Seller 2 Taxpayer ID Type: 2 ~1 - business, 2 = individual) SELLER 1 NAME: Last: ESTATE OF DAVID LEE First & Middle: SELLER 2 NAME: Last: First & Middle: MAILING ADDRESS (as of January 31 of next year) SELLER 1: ar; (-j- Street: v/ ,):,0 0./;;;,/11/ 6 City:,/' t~ SELLER 2: Street: State: ;Jz~ , Zip code:cJ;l:;).3J City: state: Zip Code: TRANSACTION INFORMATION Closing Date (MMDDYY): 12/30/91 Contract Sales Price: Seller 1 - 25,775.00 Seller 2 - (If multiple sellers please allocate the sales price among the sellers) Description of Property: Street Address: 1166 BROONE[L STREET CLEARWATER, FL 34616 Legal Description: W 2/3 OF WI' 9, BLK 1, W.F. HUGHEY'S SUB Under penalties of perjury, I, ESTATE OF DAVID LEE (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:v I' ). - ~ t - f / Seller - 1 Signature :.........." ' kJ J d. /#:u4-~ R~ NAL . Date: Seller - 2 Signature: CLOSING AGENT INFORMATION (to be completed by closing agent) Name: STEWART TITLE COMPANY OF CLEARWATER, INC. Mailing Address: 1290 COURT STREET City: CLEARWATER State: FL Zip Code: 34616 Taxpayer ID Number: 59-1433918 1 I I -:,....... -r::' ~'. ,J t MIS (REG) OMB No. 2502,0265 A. U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B, TYPE OF LOAN: 1. o FHA 2. o FMHA 3. o CONV. UNINS. 4. OVA 5. o CONV.INS. 6. FILE NUMBER 17. LOAN NUMBER 91060113 8. MORTG. INS. CASE NO. SETTLEMENT STATEMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLE~ F. NAME AND ADDRESS OF LENDER CITY OF CLEARWATER, FLORIDA ESTATE OF DAVID LEE CASH TRANSACTION P.O. BOX 4748, RUTII YOUNG, PERSONAL REP. CLEARWATER, FL. 34617-4748 26 WATSON ST. CAMBRIDGE, MA. 02139 G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE: W 2/3 OF LOT 9 OF BLK 1 of W.F. STEWART TITLE COMPANY OF CLEARWATER DEC. 30, 1991 HUGHEYS SUB. OF LOT 8 OF R.H. . PADGETTS SUB PLACE OF SETTLEMENT 364th day of year a/k/a 1166 BROWNELL ST., 1290 COURT STREET, CLEARWATER, FL. 34616 CLEARWATER, FL. 34616 J.SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER: 400 GROSS AMOUNT DUE TO SELLER: 1101 Contract sales price 2 Cj 77 Cj . 00 401 Contract sales price ?'> ns nn 102, Personal property 402 Personal property 103, Settlement charges to borrow (line 1400) 51. 00 ~03, -- 104 404, 105. 405, Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 106. City /town taxes 10 406, City/town taxes to .-. 107. County taxes to 407 County taxes to 108. Assessments to 408, Assessments to , . 109. 409 110. 410 111 41" - 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: 25,826.00 420. GROSS AMOUNT DUE TO SELLER: 25.775.00 200, AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SELLER: 201, Oeposit or earnest money fA 501, Excess deposit (see instructions) 202, Principal amount 01 new loan(s) 502, Settlement charges to seller (line 1400) ~ 41q on 203. Existing loan(s) taken subject 10 503. Existing loan(s) taken subject to 204. 504, Payofl of lirst mortgage loan 205, 505 payoll ot second mortgage loan 206. 506, 207. 507. ,QQl RFAT. 'AXI':S ( ,) 338.61 208, 508, 209. 509. Adjustments for items unpaid bv seller: Adjustments for items unpaid by seller: 210. City/town taxes to 510, City /town taxes to 211 County taxes to 5". County taxes to 212. Assessments to 512. Assessments to 213, 513. 214. 514. 215. 515. 216. 516. 217 517. 218, 518. 219. 519. 220, TOTAL PAlO BY/FOR BORROWER: r/J 520 TOTAL REDUCTION AMOUNT DUE SElLER: 3,758.51 300, CASH AT SETTLMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SElLER: 301. Gross amount due from borrower (line 120) ?S A?h nn 601. Gross amounl due to seller (line 420) 25.775.00 302. less amounts paid by /for borrower (line 220) fA 602. less lotal reductions in amount due seller (line 520) 3,758.51 303. CASH ([XFROMI (l:XXOOfORROWER: 25 826.00 603. CASH DTO~ SELLER: 22,016.49 HUD-l RESPA. HB 4305,2 . . t I M{S LDI I , PAGE 2 OF OMB No. 2502,0265 .....- r .' ,. !II PAID FROM PAID FROM , L. SETTLEMENT CHARGES BORROWER'S SELLER'S FUNDS FUNDS 700. TOTAL SALES/BROKER'S COMMISSION Baaed on price $ 2'5 775.00 @ 10 %= 2,577.50 AT SETTLEMENT AT SETTLEMENT Division ot commission (line 700) as follows: 701.$ ') ~77~n to 'RT./\ 1\T..1< 111.'111/ IS 'R~/\ T TMr 702, $ to 703, Commission paid at settlement ') ':;'77 ~n 704. 800 ITEMS PAYABLE IN CONNECTION WITH lOAN. 801, Loan Origination fee % 802, Loan Discount % 803, Appraisal Fee to 804, Credit Report to 805, Lender's inspection tee 806, Mortgage Insurance application fee to 801. Assumption Fee 808, 809. 810, 81l 9QO,lTEMS REQUIRED BY lENDER TO BE PAID IN ADVANCE. 901, Interest trom to @$ /day 902. Mortgage II1SUrance premium for mo. to 903, Hazard insurance premium lor yrs. to 904. yrs. to 905. 1000. RESERVES DEPOSITED WITH lENDER 100l Hazard insurance mo.@$ per mo. .;:: . , '., . mO.@$ -ioJ 1002 Mortgage insurance per mo, ) "~ 1003. City property taxes mO,@$ per mo. ,.\t.F,' 1004. Counly property taxes mO.@$ per mo, 1005, Annual assessments (Main!.) mo,@$ per mo. " ~ 1006, mO.@$ per mo, 1001. mO.@$ per,mo. 1008, mO.@$ per mo. 1;1i. ~i:-1< '. 0.' ; 1100. TITlE CHARGES: 110l Settlement or closing fee to 1102, Abstract or tille search to ~'fr. ')<:;n nn 1103. Title examination to 1104, Tille insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to to (includes above ilems No.: .. -t'.~., ~ >{' " " .' 1108, Tille insurance (11 m ) to '1'1 .1<, I nli' TN( (includes above items No,: 0< ~ "*~ 1109. Lender's coverage $ 1110, Owner's coverage $ ')11 7711 nn ;",,~~~., 1111. 1112, 1113, 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 120l Recording fees: Deed $ '51 . 00 Mortgage $ Releases $ '51 nn 1202. City/county tax/stamps: Deed $ Mortgage $ 1203, Slate tax/stamps: Deed $ 154.80 ~ STAMPS ON OUlT CLAIM DEEDS 3.60 1 ~R I....n 1204. 1/ 111<:I1TH ('VU'I'Tli' ' A "'1<:<.; H'n'R nA \T T,~~ . T'R IT.TTIT ,T1<' '" 11\11' 81\ 1? .nn 1205. 1/ 81<'11'1 11A \I '1"-" -- ,--- T .1<'1<' {.,nn D rT1<'DV 'c:: A Ii'li'T IAUI'" {., nn 1300.ADDITIONAl SETTlEMENT CHARGES 1301. Survey to 1<'\181\1<": T.ANn <';fll"\ltl.Y pnr. 1302. Pest inspection to 1303, FEDERAL EXPRESS CLOSING DOCUMENTS (2 WAYS) 30.00 1304, . CITY OF rT ,!;,A DT.TATRR LIEN SEARCH 5.00 1305, 1400, TOTAL SETTLEMENT CHARGES (entered on lines 103,-Sect/on J and 502, Sect/on K) <:;1 nn ~ 1....1Q Qn CERTIFICATION: I hav~;r~IJ~~UD'\Settl. ~~tatemuo ~my knowledgeaOO belief. II Is a true and accurate statement of all ~~sbur~nts made on mltaccount or by me In this tranSlction.1 Ic;ther certify that I have received S co o.u e t St t · V- ;<A. L 'n, .AA . T.'rm . ,.. T'T'V n.T!' (' -- I / DTl'T'tJ VnTThT(' ,'T'THT.' Borrowers.~ Sellers . .~ tJ To thrbest ~~o\oYledljll.the H~D. ~ Seitlem';l't Sta ent ~c~ I hWJjPrepared is a true and accurate account 01 the funds which were received and have been or will be disbursed by the undersigned part 01 the settlement 01 this transaction, DF.r.. 30 . 1 qql ~-~~ ~ ' SELLER' ANu/O URCHASER'S STATEM NT Seller's and Purchasel'sslgnature hereon scknowledgeshlslthelr approval of lax prorations and signifies their understsnding that prorations were based on tues for Ihe preceding year. or estimates lor Ihe current year. and In the event of any chlnge for the currenl year, III necessary IIIlustments muet be mlde bet_n SIller and Purchaser; likewise sny delault In dlllnquent taxes will be reimbursed to Title Company by the Seller. TItle Company. In Its cspaclty as Escrow Agent, Is Ind hiS been aulhorlzed to deposit all funds It receives In this trlftSsctlon In any flnanclallnstllutlon, whether affiliated or not. Such financial Institution msy provide Tille Company computer accounting and audllservlces directly or through I sepsrste entlly whlch,lf affiliated with Tille Complny, may elllrge thsflnanclallnstllutlon reasonsble and proper compensltlon therelore and retain any profits therefrom. Any escrow fees paid by any party Involved In this transaction shall only be for checkwrltlng and Input to Ihe compulers. but not for aforessld accounllng snd audit services. TItle Complny shall not be liable for any Interest or other charges on the earnesl money Ind shill be under no duly to Invest or reinvest funds held by It at any lime. 5 lIers and Pure sers hereby acknowledge and consent to thedeposll of the escrow money in IInanclallnstltullons wllh which TItle Co any has or may have other banking relationships and further consent to the rstention by Title Company and/or its lIates of I)!tl all beneflb (Including sdvlntlgtOUslnterest ratas on loans) Title Company and/or Its affiliates may r elve fro s h fin. cl Ilnslllutlons by reason oltheir, maintenance 01 said escrow accounts. I !ahnJ c4t.~ I . The parties have,read th~ ns her ,a ree to lime, and recognize Title Com~ relying on the same. Purchasers/Borrower ' sellerti , Ited States on this or any olher similar form. Penlltles upon conviction can Include a ffne 100 Imprisonment. For delails see: Tille 18: U.S Code Seetlon 1001 and Section 1010. ALTA OWNER'S POLICY - (4,6,90) WITH FLORIDA MODIFICATIONS , , '. I I POLICY OF TITLE INSURANCE ISSUED BY 91060113 " STEWART TITLE GU ARANTY COMPANY 1. Title to the estate or interest described in ..", ,.Ie A being vII." 2. Any defect in or lien or encumbrance on th~~!,~; f ' ~~,~o" ,', ,'0 3. Unmarketability of the title; !I, , :;J~j RAGE, THE E PULATIONS, ST of Date of Polic Ie A, sustained 0 TIONS FROM COVERAGE CONTAINED IN ART TITLE GUARANTY COMPANY, a Texas own in Schedule A, against loss or damage, not urred by the insured by reason of: ther than as stated therein; ~ SUBJECT TO THE EXCLUSIONS FROM C SCHEDULE B AND THE CONDITIONS AND corporation, herein called the Company, insures exceeding the Amount of I nsurance stated in Sc 4. The Company will also pay the costs, to the extent provided in the Conditions IN WITNESS WHEREOF, Stewart T duly authorized officers as of the Date of defense of the title, as insured, but only his policy to be signed and sealed by its ~~ nr~ Chairman of the Board Co"~~~ 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 inot ll~fOibuildingand 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 governmentol 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. . an<'lll)' (~! CO/l!racr (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. - 16675 ~ ~ ~ ~ - - ~ ~ - ~\ 211 (Rov. 4-6.90) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to/rose, The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insure shall (a) "insured": the imured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action or defenses the Company would have had against the named insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its succeed to the interest of the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the from purchase including, but not .limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit. (b) "insured claimant": an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle. (c) "knowledge" or "known": actual knowledge, not constructive knowledge ment, and (ii) in any other lawful act which in the opinion of the Company may or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required matters affeCting the land. cooperation, the Company's obligations to the insured under the policy shall ter. (d) "land": the land described or referred to in Schedule A, and imerove- minate, including any liability or obligation to defend, prosecute, or continue any ments affixed thereto which by law constitute real property. The term' land" litigation, with regard to the matter or matters requiring such cooperation. does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE, to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi. streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dam, modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com, insured by this policy,. pony within 90 days after the insured claimant shall ascertain the facts giving rise (e) 'mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damoge shall describe the defect in, instrument. or lien or encumbrance on the title, or other matter insured against by this policy (f) "public records": records established under state statutes at Date of Pol. which constitutes the basis of loss or damage and shall state, to the extent possi. icy for the purpose of imparting constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Company is property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of th~ insu~ed ~Iaim~nt t~ ,provide the required proof of l(a)(iv) of the-Exclusions From Coverage, "publicreccmU"nshall also include- - ---lossordamage;-theComf1any s obligations to the Insurea under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue district court for the district in which the land is located. any litigation, with regard to the matter or matters requiring such proof of loss or (g) "unmarketability of the title": an alleged or apparent matter affecting damage. the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE, pany, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Date of Policy in whether bearing a:!:::te b'!fore or after Date of Policy, which reasonably pertain favor of on insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody ance of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the an indebtedness secured by a yurchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the The insured shall notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro. litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea, an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest, as insured, is rejected as unmarketable. If prompt notice shall LIABILITY. not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall have the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required; provided, however, that failure to notify the Company shalf in no case (a) To Payor Tender Payment of the Amount of Insurance. prejudice the rights of any insured under this policy unless the Company shall be To payor tender payment of the amount of insurance under this policy preludiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or CLAIMANUO COOj)ERATE, ._,_' .,. ._ .,_ .,,__.. _ __. . _. tender of pa}'mer~LClncJ whi~htheCompanyisobligated to pay. (a) Upon written request by the insured and subject to the optionscontalned -- Upon the exercise by the Company of this option, allliCibilityarid obligaiioris - in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Payor Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant. object for reasonable cause) to represent the insured as to those stated causes of (i) to payor otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy, is obligated to pay; or (b) The Company shall have the right, at its own cost, to institute and prose, (ii) to payor otherwise settle with the insured claimant the loss or dam, cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com, to prevent or reduce loss or damage to the insured. The Company may take any pony up to the time of payment and which the Company is obligated to pay, appropriate action under the terms of this policy, whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in hereunder, and sholl not thereby concede liability or waive any provision of this paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol- policy. If the Company shall exercise its rights under this paragraph, it sholl do so icy for the claimed loss or damage, other than the payments required to be diligently, mode, sholl terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company sholl hove brought an action or interposed a or continue any litiQation, defense os required or permitted by the provisions of this policy, the Company 7, DETERMINATION, EXTENT OF LIABILITY, may pursue any litigation to final determination by 0 court of competent jurisdic' This policy is a contract of indemnity against actual monetary loss or dam, tiO::., and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or Qlverse judgment or order. damage by reason of m.atters insured against by this policy and only to the l extent herein describe1. (continued and concluded on last page of this policy) '~ '.AL TA OWNER'S POLICY ) I mls 16675 SCHEDULE A Order No.: 91.0601.13 Policy No.: 1.66'15 0-2111- Amountof Insurance: $ 25 "7 '7 S () {' . r -..' . d Date of Policy: January 02, 1992 1. Name of Insured: CITY OF CL~AHWAT~R, ~LORIUA 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 CL~ARWATER, ~LORIDA 4. The land referred to in this policy is described as follows: The West two-thirds (2/3) of Lot 9 of Block One (1) of W.f. HUGHr~~'S SUJ:HHVlSION of Lot. 8 of R.H. PADGE~rT'S SU1:H>lVlSlON, according to the Plat thereof, as recorded in Plat l:$ook 1, Page 70 of the Public Records of PIN~LLAS County, ~lorida. STEWART TITLE 0012 Page 2 GUARANTY COMPANY 00.- -. delete 1. delete 2. delete 3. delete 4. delete 5. delete 6. 2113 AL TA OWNER'S POLICY Order No. 91060113 -.~.. 1 t SCHEDULE B 2111 Policy No.: O~.-166'l5 This pOlicy does not insure against loss or damage by reason of the following: RiS~~D~irx~anrmKl6t1XlWOC~~ ~~~~,Qt~~~~~x El'JO{magk~~K:K~~~RJKf~~X~}ffUlft~~I)~~~~~ amaooor~~Ktm~}(l<iW~ItK.~ ~~~x1oc~Xi~~~x~~K1dmKKXXmatmro:skmemt<<xIxKlf:XIDcnecf[a:H:f['ot!![~l<iWlSI , i~~b~I~~}OOt~~~~~mRdsc ~~KililX\~EK:X~~~K~Qt~~mc]iXl~~5f *MdO~tKUx ~~tmc~x:beckDvxIlmpamlxioot!![1d~~~~~~Xl~fC ~~~~~fc~iIt~x:boobdeda'lt~t~xmxxl1aXlmxglll~X1tQX~IllS:XODobotNmlS: of ~X~}{~~x~x~xcr 1lXOOooat~~ >>X1'n:rmesmtxlisbeOOmc~il~~~~~~ 7. Taxes for the year 19 92 and thereafter. 8. Subject. t.o agreement bet.ween BEULAH Lb::b:: and ALBERl' 6. lWG.KkO, IN. and MANY M. HOG~NO, husband and wife, filed August 22, 1984 in O.k. Book 5827, Page 1936 of the Public kecords of Pinellas County, ~lorida; stating that the house is encroaching into adjoining lot and must be removed from the property of the Hogeros within sixty (60) days of any transfer. Page 3 STEWART TITLE GUARANTY COMPANY " " tONDITIONS AND STIPULATIONS Continue! (continued and concluded from reverse side of Policy Face) (al 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, (!U (This paraQraph removed in Florida policies,) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accor~ance with Section 4 of the Conditions and Stipulations, 8. APPORTIONMENT, If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the p'arcels but not all, the loss shall be computed and settled on a pro rata basis as If the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or SUit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, AII/ayments under this policy, except poyments made for costs, attorneys' fees an expenses, shall reduce the amount of the insurance pro tanto. 11, LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol, icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant, The Company shall be subrogated to and be entitled to all rights and reme' dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com, pany, the insured claimant shall transter to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro, gation, The insured claimant shal! permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required tOlay only that part of any losses insured against by this policy which shall excee the amount, if any, lost to the Company by reason of the impair, ment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non,insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi, tions contained in those instruments which provide for subrogation rights by rea' son of this policy, 14, ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur: 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, JudQment 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, pony, 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 ro1icy 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 NAM E RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY ''''.::'!..... -'+'- -+- -- -+--- -- --- --- -- -- SanClily of ('On/ran STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 ~ -- --- -- -- -- -- - -- --- ......~ POLICY OF TITLE INSURANCE \~ , -~ ~-' American Land Title Association Commitment - 1966 r ._~~-~~~-t~~~;~~~:~~~'i~~ 1~~~=~~t~~-'~~106:~13 -~~===i I I I 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 I nsured 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 ef,fecti~eQ;flfYWhtm~e of the proposed Insured and the amount of the policy or policie~ cO~~~~~~~f~~t).~~Qeen inserted in Schedule A hereof by the Company, either at the time oftbe~~,l),tfilO(ll~,~J,tlii~Comrnitment or by subsequent endorsement. This Commitment is preliminary to the issuanc~g~;~~~~~~fiC~.2t policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE ....I.-~~ ,r oO(,~.;..;.!~.f~ # 1;-.... .........~\. J~:.~r,p;i,POff4~, X~"," ;1...:, -*-~: ~ ~';.\., 1, 9,0. 8J.t:>~,.".' }... .. *. ...~ ' '':-..'~'., '...IJ EX~plf'l" elAuu/lI7~ GUARANTY CUMPANY President Company City, State Serial No. C. 9 912.7 6 2 4 6 7 005N Rev. 3/78 " !' I I .... .mls SCHEDULE A 91060113 CITY OF CLEARWATER, FLORIDA Prepared For: 1 qC1 I (~) ~~) . ~ I l ;1ti~ ' Commitment No. C-9912-762467 Your No.: Inquiries Should be Directed to: MIKELL L. ST.GERMAIN Stewart Title Company of Clearwater 1290 Court Street Clearwater, Florida 34616 (813) 441-2689 1. Policy or Policies to be issued: Amount (a) D~L TA Owner's Policy $ ie,,? }:::, 1:10 Proposed Insured: CITY OF CLEARWATER, FLORIDA (b) 0 AL TA Loan Policy $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: ESTATE OF DAVID LEE, deceased 4 The land referred to in this Commitment is located in the County of PINELLAS State of F LOR I D A and described as follows: The West two-thirds (2/3) of Lot 9 of Block One (1) of W.F. HUGHEY'S SUBDIVISION of Lot 8 of R.H. PADGETT'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 1, Page 70 of the Public Records of PINELLAS County, Florida. Page 2 of 4 STEWART TITLE GU ARANTY COMPANY 2552 ,~ l SCHEDULE B I ORDER NO: 91060r-r3 ,. C', q 9 12m? 6 2 4 6 ? 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 reco~. Valid photo identification (ie: Driver's License, Passport) and social security numbers required of all parties to the transaction by the Insuror. Proper probate proceedings for DAVID LEE, deceased to be filed in the Public Records of Pinellas County, Florida. Death certificate for BEULAH LEE to be recorded in the Public Continued on next page II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: ~. D ' , liens, encu s, adverse claims or other matters, if any, created, first appearing in the public records or achin, quent to the effective date hereof but prior to. the date the proposed Insured acquires for value of record the ,. or interest or mortgage thereon covered by this Commitment. 2. Standard Exceptions: (a) R;gl,b VI claims of parties in possession not shown by the public records. ents, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey an~he premises. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the pu ---(~) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured. titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide Ian ds comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhea I or changed by the United States Government or water rights, if any. 3. Special Exceptions: (a) Taxes. Subject to Taxes for the year 1991 and subsequent years, which are not yet due and payable. Parcel No. 15/29/15/41688/001/0090 Gross Tax for the year 1990, $304.20. 4. Subject to agreement between BEULAH LEE and ALBERT L. ROGERO, JR. and MARY M. ROGERO, husband and wife, filed August 22, 1984 in O.R. Book 5827, Page 1936 of the Public Records of Pinellas County, Florida; stating that the house is encroaching into adjoining lot and must be removed from the property of the Rogeros within sixty (60) days of any transfer. 2153 Page 3 of 4 s"rE'VAH.T "rITLE GUARANTY COMPANY I CONTINUATION SHEET SCHEDULE_ B Order Number: 91060113 SCHEDULE B - PART I CONTINUED Records of Pinellas County, Florida. I - Commitment Number: C-9912-762467 Personal Representative Deed to be executed from the Personal Representative of the ESTATE OF DAVID LEE, deceased to CITY OF CLEARWATER, FLORIDA. Page -4-of 4 0055 STEWART TITLE GUARANTY COMPANY _.~----'-- - -""'""ii !' . . I , -. CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or ~ights of action that the proposed I nsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STE"W'ART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. I" COMMITMENT FOR TITLE INSURANCE l ~ SaT/c/il} oj Con/mct ~ Issued by STEWART TITLE GUARANTY COMPANY " CER'fIFIED 'lD & CITV of EAR WATER.. PREPARED FOR: 1 ., $-rE.WA~ TlTL-e. CoM PAN" OF C.U::.AfC:.WATEIZ. IJlJc... 0TEWAf~:r ,rTl..E.. GU~ANTee.. U::>MFA.....y ~ 0-, ~-<~ ~ t" u '1fJ) ~~ q~~. ~.\o 'f-' ~f ~~. 0 (p) 3318(M) ~ ~ '-oJ 1 w ') '2. ~ ~ I '< o V\ - \ ('I , -~ >- ~~ ~ f>-. ~ p.. ,,?'1;J ~c(..':7'\ "'"' A.. '-J ~ A.. '.J ~ ~ - ~ ~ I ~ cD ({\ .q- - I , Z7. tf7 fO.-\ d- 0, 2.(,' NO. <tl.2l'w. \ ZOO.9~(M) \ Zoo.O (r) -.0 ~ ~, >.. l1f1\'].) ~u~O. o '7"f . \~ .rlfl 0)' 37,79 eM) ~? 0 '(P) 9,,, ~. ~ f\fZ.. (~1A-1) Sl~ jl~ I t . ~ - eROWNE'-L- So Tfi: E I!.. T EC. ~ lWP. 'ZCjS RGE. ~ (p)- f\.AT bf$TAN'E.. (M) 1: /'1EASLlR~D 1>1$T ArJCE. :5H( ::. $E.T II\'D,J ~O.D HI'"': Fou....o ,~c:>,.J PIP€- KM= fou,..t7 (o,JGf!:.Ere:.. JV\O"h.lMe:,..JT '7.0 (r) FIr ""' ~ t; ~ J=:j J " IlJ \, .... 2 " ; -t .. ij '" J ~ ..... ,... It ! lIli Cl v aJ :) 2 nJ ~ -. rJ :> ~I '" ~ r~ I,..-J-I \,../ 't:' '-' I ~ f ~' ~e,.09 (M) fie .0 (f>') '..,AII .. -0 If\ I . A SURVEY OF THE.. WE~-r '3~, 0 of L.or 9, .BLo~ i, 4- W.f. I-WGHEy 5 'SU8DI'v'IS t o,J AS RECORDED IN PLAT BOOK ~ , PAGE 70 , OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA f'~N\ ZoNE.. C . I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE. DATE: 7- /I .9' EVANS LAND SURVEYING '2..300 MAIN STREET - UNIT'H DUNEDIN, FLORIDA 34698 PH: 1~4 - 3821 e.oU""DA~" Svr:-VE.V ONL,-/ OWN. BY: lL INY. NO.: 91- 37~