RICHARD A MYERS
, Name:
Return to: (enclose seW.addressed stamped envelope)
I
INST t 91-221346
AUG 1~'5, 1991 5:0:?PMI
PINELLAS COUNTY FLA.
~FF.REC.BK 7653 PG 1282
Addr...:
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This Instrument Prepared by:
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Addr..s:
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Property Appraisers Parcel Identification !Folio) Number!s):
Grantee!s) 5.5. #[5):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
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SPACE ABOVE THIS LINE FOR RECORDING DATA
0111ia Barrantv 1I.e.eb Made the' /~Ut, day of August, A.D, 19 91 by
RICHARD A. MYERS, a married man as to an undivided one-half interest
hereinafter called the grantor, to
CITY OF CLEARWATER, FLORIDA
whose post office address is P.O. Box 4748, Clearwater, Fl. 34617-4748
",
hereinafter called the grantee:
(Wherever used herein the te...... .grantor. and .grantee. include all the parties to this instrument and the
heirs, legal representatives and ..signs of individuals, and the successors and assigns of corporations)
.itnelllldlJ: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknO'Wledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee all that certain land situate in Pinellas
County, State of Florida , viz:
Lots 8 and 9, in Block 1 of MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H.
PADGETT'S SUBDIVISION, according to the Plat thereof as recorded in Plat Boo
2, Page 85 of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part.
Parcel no. 15/29/15/58338/001/0080
Grantors social security tlv'~ l/--'1i{~q'-J-;',J (RICHARD)
Property is not the principal residence of the Grantor, he in fact resides at:
( JOq~ ~ CJfnt,~rilJ ~( OtJ-/~)d
mllDdlyrt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
mll )faue aub tll )flllb. the same in fee simple forever.
Aub the grantor hereby cavenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to.&c~ August 15, 1991, and *
Ju .ituellll .lyetellf. the said grantor has signed and sealed these presents the day and year first abave
written. ** easements and restrictions of record.
./
f~Af\ll/f1;A ~
1hgnsture
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~r.HARn A MYF.RS
Priu Signature
ItrJ~-Jxwu ~ ~~ GJ-ra.o~.a-~
cst ce A ress
Signature
IO~r_pf?~,~..,
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Signature
Printe Signature
Post Office Address
Printed Signature
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h;;:',l'l'~':i;'~ ~". ..;....';...'
,: Cc~,~,ty
- D"puty CIerI,
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, Signature
Printed Signature
STATE OF MASSACHU~SETTS
COUNTY OF I( ~ iL rtJ L. kJ
I HEREBY C~R~lI' that on thIS day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared RICffi\RDA..iMYER5, a married man
<:', ,'i,',' ..'.,.... to me known to be the person described in and
who executed the foregoing instrument an<i{,',he' ack~~i9dged before me that he ~ecuted the same.
WITNESS my hand and official se~)!~\'~'E!'(jibU,#~$'~~~tate last 'd this( Id- da of gust, , A.D. 1!91 .
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SEAL I
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KARLEEN F. DEBLAKERv CLERK
RECOF~D t,,'EI:;; I F I ED BYn~~~72_
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PINELLAS COUNT~ FL~..
OFF.REC.BK 7653 ~G 1~83
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23109951 SD6 08-15-91 16:42:5U
11 3010 - 00000S41
DED-ST.6ERMAIN - MYERS, R I
FEES 3 to.bU
TOTAL: $0.60
CHARGE AMOUNT $0. 60
23109953 SOG
01 -
DOC STAMPS
FEES PAID
MOD TRUST FUND
08-15-91 16:~J:49
2 $102.00
5 ili. ~U
6 ';1. OU
TOTAL:
CHECK AI'IT. TENDERED:
CHANGE:
$107.40
UL(I.40
'jO. 013
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TO BE FILLED IN PERSONALLY
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
RICHARD A. MYERS
Seller or Owner-Borrower
LOTS 8 and 9, BLK 1, MOASE & HARRISON SUB OF r.m 7 OF R. H. PADGETI'" S SUB
Contractor (if new construction)
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fen~es, 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/) APproXi~ Amount
\..Y~N'f\1 j~
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR en APproXim~ 1~
'\0'411\.I}'\ ,
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 t~J A~proXim~ Arrount
~1 ~,,~ t1rJ..
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY. CREDITOR. SUPPLIER OF
LABOR OR MATERIALS Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor,
services, or materials in connection with any improvements or repairs to said property from any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR. SERVICES OR MATERIALS .ADDRESS
6. I, the undersigned owner, further certify thl',t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND AITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in purchasing
same or lending money thereon and would not purchase same or lend money thereon unless said representations were made.
eLl) ,,/ r
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EFORE ME THIS:::/ /.2 day of
AUGUST
, 19-21...
, '
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County,
.../,.~1
My Commission Expires:
MASSACHUSE'ITS . y
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Rev, 1/88
NOTE: This form is 10 be signed by seller in case of sale. If no sale. it is to be si.ned b) .the owncr~borrowcr, If there is any new construction, the contractor mUsl al!lo join in Ihis (orm
or sian a ~t'paralc one
" '" . .' CONTRACT FOR SALE AND PURCHASE
r"'tIIlJ;~;;"'~ll,J.a Cooper. Theok_.F.. Houston.-&.-Richard '1: M*ers
)f address on file withBJ!-n-F.nwrlrCJ~_R~a]ty, IR~_ --,._~t----~. __II '''''ic78S-564l
and {'i t.y gf Cl93niat.er Florida ,('~'I,
JI P_o. Roy 474R r1e:llX:Yiil'tQr. F1 34610 IPllQne I.
I.-Dl/ ~ IhIIl the Seller IhIIII ,elllnd Buy..., BIuIII bUy lhe following real pro~wJrty r'R..~ Pro(l'''lt') "~'P'''Il'"1ill property ("!:.!!16onil11y'" (c:ollechll'llly "~'l UIlOfl lhll following
lerrnl and condition" whtch INCLUDE tlW Sld,tdiIfJ~ 101 Rtlal (~lalu lr..n~..~hun~ p'"11ud un lI,u It.V"",l. ur iJlldCIIl.(1 (' ~1.llklartJl~) 1....1 dny lllXlullllum lU Ihlll.nBtrument. I.
I. DE8CRIPTION: (a) Legal description of Real PlOperty localed In Pine 1 1 rl ~ County. Florida
f5lk I, Lots 8 and 9 Hoase Ii< Harrison SeC!f" ion 11i-?q-l &; 5'1b # 5lB3U
~
(b) Streel addresl. city, zip, of lhe Property is:
(cl P8rsonally:
1128 Brownell Sf" , rlprlrw~~~r. Vl
;.
II.
PURCHASE PRiCE.............,. ..... ,.,.,..."...... .......,... ..... -...,........"'.."..,."...".'.".'..'...""
PAYMENT:
(I) OIposIt(s) to b, held In lecR)W by
Ib) Subjecl 10 AND 88sumptlon of morlgage in good stanchng in la\lQ( 01
...,.....,.."..,.."..............5
&;n
qnn
nn
In thl smount 01 S
lI'OlIIded. that there ulIIa II ClIoIIng no vi:Jlalion oIlhe IontgoIng 8nd none 01 them preventl UH 01 Atial Properly tor CQJIIIIl8 rc i a 1 purpoM(l),
/ltl. OCCUPANCY: SeUer wtrrantllhal there .,. no parties in oceupancy other than Seller, but " Properly IS Intended to be rented or occupied beyond CIoIing, the lid 8nd termI
nereaf ahd be "lied heIIlln, and the tenanl(ll) or occupanta diactoaed ~I to Standard F, Seller agrees 10 deliver occupancy 01 Property at time 01 cIoIing unIH8 otherwiIe
;t8IId heNIln. " 0CQ.lPIllCY 1110 be deIIwIr8d before clo8ing. Buyer ll88U/Tlll1 III rilk 01 loss 10 Property 'rom date 01 occupancy, shall be responsible and liable lor INllIIIllnIIlCI 110m
''IIl ... .... IheII be deImed ~ hlwlllC8Pl8d Pwoj)erIy in thttIr exi&IIng condition 88 01 lime 01 taking occup8ncy unlell$ otherWise Slated herein Of in a aepatale ~.
.x. TYNWRmEN OR HANDWRITTlN PROVISION8: Typewritten Of handwrit1en provisions ahaUconlrol all prinlad prollisions 01 Contract in conflicl with lhem.
'Co IN8ULA'nON 1110111.11 Contract II MtlIIzId for the &ale 01 I .- re&ldence, the Insulation Rider or eQuivelent may be attached,
i\~' lO, OOAITAL. OONITllucmoNCONTROL. UNI (-CCCL'. RIDIR: II ConIrlCI Is utilized lor the aaIe 01 Property alfllCl8d by the CCCL., ChapI<< 161. FS. (19861. ulmlnlild.
". ',' 1flIII.-." cca. RIder . ~ may be ~."iCTiiG to this Conlract.
!.~.~.~..'.:' .'.... .'.......... . .1NVUn1INT.' '. ".IIIAL ....OPlRTYTAX ACT (-flRPTA". RIDIR: The partiea shall comply with lheProlliBi0n8 01 FIRPTA 8nd IppIicablI ragulltianl whitt coutcI
l~<~ ~.""~,"" ~ ~ 111IIII wlthhlllding r8QUlremenI8. and lhe FIRPTA Rider or equivalent may be attached 10 thi& Contract.
~.: :tIl'. ,...I..-rrn (CfD (1. Of (2)): __ (11 0 may IIIign OR (2)Dnav not aa8ign Contract .
r~,;:!QW.'''''''' OUUUI: (CHICK (1) 01 (2)): Addendum (1) 0 is attached OR (2)11 Is not applicable.
I ":'", .' - " THIS IS INTENDED- ro BE A LEGALLY BINDING CONTRACT.
! - IF NOT FUUY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
! THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR,
A/II1IIIMIl daeI nol aorrsUIuf8 /WI ~ hi IIflY dlhe I8m1S snd conditiOnS In ItJis Con/1lICt should be accepted by the paltiBs In a pwticu/ar /ninsaclion. Terms
IW1d oad/klna -.oukJ be t>>gOIialed based I4JOfI /ha respecfNa In/eresls. ob;ectrves and bargaining pOSltllXIS 01 all IntfHfISled ptJfSCfIS.
COPYRIGHT 1988 BY THE flORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC,
-----------
F;ARWAT~R (Buyer)
hailing an approximate present pronclpal balance 01 S
Ic) Purcha88 money mortgage and mortgage note bearing anr.Aa1 inlerest It % on lerma sel fOlth herein. in II/TlOUnt 01 ...','.'.' $
Id) Othar: $
. k) , I ad' I nd t' . $ 5 0 , 9 0 (') . 0 0
(e) Ballnce to clo.. (U.s, cash. LOCALLY DRAWN ctIrtilied or cashier's chec . sublecl 0 Justmen s a prora Ions,.",.",., "., ,., ,..,. -
III. nMI 'OR ACCIPTANCI;I'FICTtVE DATE: II Ihls oller Is nol axeculed by and delivered 10 all parties OR FACT OF EXECUTION commu/llClled In writ~ beI_ till pen..
)It or belen Apr ill, 1391 :JU";c ~.Jqq / '\. ' the depoail(a) will. at Buyer'a option. be returnld to Buyer and Ihl olllr wilhdrllil/n,
~he dlte ai thla Contract ("ellectlve Dale") will bl Ihe date when the lall one 01 Ihe Buyer and the Sellar has signed Ihl. oller. '
IV. PlNAHCINQ: (a) If the puRlha.e price or any' part 01 it Ie to be financed by e Ihird perty loan. Ihis Contract lor Sale and Purchlll8 I"Conlracn II condltlorwd on the Buyer
ltItIInIn8 I written aomml,"*,* for till loan within R / a daya Irom Ellectllle Date, at an Inlltal interesl rate nol to exceed %; 111m of )'earl; I
Jnd In 111I prI/101pall/llDUnt 0/ . ' . euy.r Will maklappllOltion wl/hln dIyIlrom Ell,chlll Clle, snd UI. ..1IOIlIbII dlllQlnOllD obIaln till lain aom.
lllIenIlIfld. tIlIAtaller. to meet the terma and condltionl ollhe commttlment and ta clo.. the loan, Buyer 1h811 pay all loan expenses, II Buyer falls 10 obIaln the IoIIn commllmentend, .,
:lItlIllPtIY noliliel Seller In writing, Of Ifter diligent ellart' fatls to meet the terme and conditions 01 lhe commitment or to waive Buyer's rights under this subpar/IQrap/l within till IIIllI !'
IlIIted far abtalnlng lhe commitment. then elIher party may cancel the Contract and Buyer shall be relunded the deposit(s). I
(b). The 8I(l&tl"" mor1gIgI deacrlbed In Paragraph IIlb) above hall (CHECK (1) OR (2)): (1) 0 a lIariable inlerest rale OR (2) 0 a lixed interest rate of % per snnum,
41 time al tllte Iranaler IonMI fbeld Inlerest ralea are subjecl to increase. If increased, Ihe rale ahall not exceed 'lIo per annum, Seller Bhllll, wilhln I
_ lrom ElMclthle Date, IurnlItI I atatement lrom all mortgageea Itating principal balances. method 01 payment. .nleresl rale and status 01 mortgages. 1/ Buyer hili ~ 10 Malme
I martuI8I which requlrel IPPfOIaI of ~ by the mortgagee lor uaumption, then Buyer ahalI promptly obtain all required applications and liIIlll ddigenlly complete and return them
:a ..mortgagee. Artf marlg/IQII chargl(11 1101 to exceed $ lhall be paid by (iI not filled in, equally dilllded). " Ihl Buyer il not IccIPted
~ rnar1lIIIlN Of till requl........ for Ualmptlon Ire not In' accan:lence with the .rme rael or morlgagee makes a charge In ellCll80f II1e llatedamounl. SIIItIr 01
~.,., IQOInd this Contrlllt tw j:lIClIllIX written notlclto till ather party unll.. either ~ rea.. In inlerest ra.. or exCI.. mortglgle chargee.
V. nru IVIDINCII Aile.. ....:..J...S.. days belore clostng clate, Seller ah8I1, II Sa e:;a:. e, I r to Buyar or Buyer's altornsy, In lllCordInce with Standard A. (Cheok (1) ,
11' (2)): (1) 0 abltrad of lllIeOR (2) lKltitle insuranca commitment. " :>', I " . : .
'il. CL08ING DATI: Thia tranllCtion shall be c10aect and the deed and other closing .'. '~red J5 - 31 - q 1 . unlass extended by other prOllieiona of Contract, "
\II. 1IIITIIIOTION';IAIIMlNTlj &.IMITATIONS: Buyer aIlall take IItle subjecllo: zoni. ' 'rk:lions hibilions and other requirements imposed bygovernmenlal authority; reatrictions
ind me... appearing on lhe plat Of olherwi.. common to the subdlllision; public utd.ly. 01 record (easements are to be localed contigUOUS to Real Property lineB and
101 men thin to feel In width U to lhe rear Of front lines and 7.. leel in width as to the side lines, unless olherwlse speCifIed herein); laxea for year 01 cIo8ing and su~ I'
_ ,/Hnl; a&UIlId mortg.sgeI and pwchaall money.mortgages. if any. other:
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t:I..~'i1 . D~~e00 !\oclal Security or Tax I,D (I '3 J l-'-IL(-9'> ~ 3
(,/~/fl Date
~!zA/fl Date
'01;>
J).... ~f -9 / Dale
Dale
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(S.,lIerl
Social Securaly or Tax 10 (I
M.A. Ga br41t~ ~ty tt~ney
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, ~~'-......i '"* AlraQracih" ,....;FOT.tolER THAN CASH, THEN SUBJECT TO CLEARANCE,
, -. ., '-
AC)\(IWI PEe: (CHeCK ',~Te THe ONE APPLlCASLEI By:
J '. ~IIU~ CURRENTLY IN IPPECT: '
pey Ihe IIIntId beloW, Inc:IIdIlO cooperating sub-agenla named, accordin\l 10 the lerms 01 an llxisling. separate listing agr~t:
: ."
J ..~ "~CURRE~Y INEFFlCT:
, 1 n ~ . . below. time of cIaltIng, lrom lhe cIiIIlur5emenls of the proceed" 01 Ihe sale. comPbllliillion in the amounl of (COMPLETE ONLY ONEI
.-.u.. .. or gtMI purohaIe prIae OR $ " for Broker'a aervic88 In eflecling lhe BIlle by landIng the Buyer ready, willing and able to purchase purllUlrll to the IorllgOlng
. __ " ~ falla to perfomI and deposIt(l) II retained, 50" 1heftlOf. but not exceeding lhe Broker'. lee above prOIlIded, shall be paid Broker. u luU coneidlIralion lor BroIler',
oMoM hlIudIno OOIte .expended by BroMr. and the balance aheM be paid 10 Seller, . the IrellllllCtion aIlall nol close because 01 refusal 01 fallure 01 Seller 10 perlorm, Seller ehIIl
I~ ... IuI ... to 8Rlk<< 011 cIemIlnd. In IIYY IIIlgallon arlelng out 01 the ConlraOl concerning the Broker's fee. the prevaIling party ahaIl rllCOV'lf reuonabII attorney .... end COIls.
(Eacrow Agent)
.'~Wf~:'
(IU tory 1 .
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_d.....~d;)..I. -~'''''..JRiChard ~s
(Seller)
AlDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
f
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE; (I) An abslract 01 1111" prepal"d or hlO"OI1I currellt by a n'putahl., illld "XI"III1\1 aIY;Ir.ld 'lfm (if nul ",,,,1 II KI IIll,n cerlllll'd as cOffecl by an OXlSlill<J III
purportin'J to be an accurate synopsis of 1111' insllull","ls .llh,dlllll 1111" I[) II'Jill f'IOIl,,,ly n\(",,,I,,d III "," 1'1I1)lIc "',,,,,b ",1 1110 c()lInly wl,."""1 nl',11 Prop.!rly IS locallld, Il1rolxlll [lIect,
Dale and which shall commence with Ihe earliest publiC ((lcorns, Of such laler (Ial,,'as may I)" cuslomary "' lilt) cO[)lIly, Upon CIOSlIlll 01 ltllS Iransa"lion II", abstract shall bocol
the property 01 Buyer, sublect to Ihe right 01 retenllon lhereo' hy IlIst morlrpgoe ulItil fully paul. (2) A IllIe "):;,"ilnce commlhll"nl Issued by a Florida licensed lllle Insurer agreel
10 issue to Buyer, upon recording 01 the deed tn Buyer, an owntlr's policy of IIl1e insurance In the amount of 1111-1 pllrchnse price, Insuring Buyer's hUe to Real Property, subject or
10 liens, encumbrances, exceptions or Qualilicalion sel forlh in this ConllAct and those which shall be dISChillt]"d by Sell..r at or before closing, Seller shall convey a mar1<etat
tille subject only to llens, encumbrances, excepltons or qualifications set lortt! in Contract Mar~etilhle tille sl1illl be determIned according 10 opplicable Tille Standards adopted I
authority 01 The Florida Bar and in accordance With law, Buyer shal,1 have 30 days, " abslract, or 5 ,lays, II hllll comlmlmant, Irom dalll of raClllvlng eVIdence 01 title to llxaml:
il. If Iille is lound delectlve, Buyer shall, within 3 days, nohfy Seller, III wrlhn\! spacllYlng dnlecl(s), II the defecl(ti) render tItle unmal~elable, Seller w1l1 have 120 days from rece,
01 notice withIn which to remove lhe defecl(sl, la1li(lg which Buyer sllall have the option ot ellher accopling Ihe II1Ie as It Ihen is or demanding a relund of deposIl(sl paId whi,
shall immediately be relurned to Buyer;, thereupon Buyer and Seller shall release one anoll1l-1" of 1111 furlll"r obligations under Ihe Conlract Seller w1l1, it (111e IS lound unmar1<etal>
use d~igent eflort to correct delect(sl in Iitle wllhin the lime provided lheretor, Including the bringing of necessary SUits,
B. PURCHASE MONEY MORTGAGE; SECURITY ,AGREEMENT TO SELLER: A purr:hase money mortgage and morlgage note to Seller shall providfl for a 30 day grace period
lhe event 01 de'ault II a firat mortgage and a 15 day grace period it a second or lesser morlgage; shall proVide lor rrght 01 prepayment in whole or in part wrlhout penally; sh
not permit acceleration or interest adjustment in event 01 resale of Real Property; shall reqlJlre all prior lien and 'encumbrances to be ~ept In good slanding and forbid modl',calio
01 or luture lIdvances under prior mortgage(s); and the morlgage, note and security agreement, shall be olherwise IiI Imm and conlent required hy Seller; bul Selier may only requ.
clauses customarily found in mortgages, mortgage notes, and security agreements generally ulilized by saVII1IJ .llld loan II1slllulions, or sta"l ornalional ban~s localed In the coun
wherein Real Property is located, All Personally and leases being conveyed or assigned Will, at Seller's ophon, be subJecl 10 Ille liell of a security agreement evidenced by record,
IInancing statements. " a balloon morlgage, the linal payment Will exceed the pemdic payments thereon,
C. SURVEY: Buyer, at Buyer'S expense, within (ime allowed to deliver evidence ai, title and to e,amine same, ,my Ililve Re,,1 Properly surveyed and cerlifled by a registered FIOri
surveyor, " survey shows encroachment on Real Properly or Il1at IInprovements located on Real Property ellcrOilch 011 selback lines, easements, lands 0' others, or Violate any reslrlclior
Contract covenants or applicable govemmentalregulallon, the same shall constitute a title delect.
u~D;TERMiTES;~~8uyef,~ al"-Suytlr'S -expense. wilhin :1I1lEr~ aIIGwf)d~to O()tivcr -evid.-;ncfl oHit!,,~;:!nd Io-e,nmine ~5all1e, ffltl'fcH,.,,,,,B.;al- rmp",Jy!n~pe<:te<l~by aEl&idaCer!.liedPe-sLCoo"- -
Operator to determine if Ihere is any visible aclive lemllle inlestation or viSible existing, d8ma~e from termite illfeslatlon II) the improvements~ " either or both are found, Buyer v
have 4 days Irom date 01 wrillen notice thereof, wilhln which 10 have alt damages; wl1elher visible or nol, inspected and estimaled by a licensed builder or general conlractor, Sel'
shall pay valid costs of trealment and repair 01 all damage up 10 2%<} burch~s8', ~Ice: ShOuld such costs exceed 1I1al amount, Buyer shall have the opllon of cancelling Contra
withi" 5 days after recelpl of conlractor's repair estllnate by 'JIving wljtlen.nollce-Io Seller Of Buyer may' eler;! to proceed wilh Ihe transaction, in which event Buyer shall r'lcel'
a credit at closing 01 an amount equal to the tolal of the treatment and mpall estimate nol In excess lJf 2% lJt the purchase plice "Termites" shall be deemed 10 Include all WOl
destroying organisms required to be reporled under the Florida Pest Conlrol Act.
E, INGRESS AND EGRESS; Seller warrants and represents Ihal there is Ingress and egress 10 Ihe Real Properly sufhClenl lor Ihe intended use as described in Paragraph VII here(
title to whICh is in accordance ~"h Standard A,
F. LEASES: Seller shall, not less Ihan 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and dural"
01 the tenant's oceupa'lcy, rental rates, advanced rent and security deposits paid by tenant " Seller is unable to oblain SllCh letter lrom each tenant, Ihe same inlormation shall I.,
'urnished by Seller to Buyer within that time period in Ihe lorm 01 a Seller's allidavit, and Buyer may thereafter contact tenants to conlirm such inlormation, Seller shall, at c1oslf1
.deliver and asslgn all original leases to Buyer,
G. LIENS: Seller shall lurnish to Buyer at lime of, closing an allidavit attesling to the absence, unless otherwise provided for herein, 01 any financing staloments, claims 0' lien (
potential lienors, known to Seller and further attesting Ihat there have been no improvements or repairs to Property lor 90 days immedialelY preceding dale of CloSing, " Proper:
has been improveo, or repaired within that time, Seller shall deliver releases or waivers or mechanics' liens executed by all general contraclors, subcontractors, suppliers, and matellalmf
in addillon to Seller's lien atlidavit setting forth the names of all such general contractors, subcontractors, suppliers and malerlalmen and lurther al/irming that all charges for improvemen'
Of repairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid al closing,
H. PUCE OF CLOSING: Closino shall be held in the county where Real Property is focated, at the aI/ice 0' the attorney or other closing agent designalad by Selier,.
I. TIME:, Time is 01 lhe essence 01 Ihis Contract. Time periodS herein of less than 6 days shall in the computation exclude Saturdays, Sundays and alale or IllIllonelleqal holiday,
and any time period provided lor herein which shall end on Saturday" Sunday or legal holiday shall extend to 500 pm, 01 Ihe next ~usiness day, '
J. DOCUMENTS FOR CLOSING: Seller shall lurnish deed, bill 01 sale, mechanic'~s llen'aflidavit, assignments of leases, tenant and mortgagee estoppelletlers, and corrective Instrumenl
Buyer shall furnish closing statement, morlgage, 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, intangible tax and recording purcha3e mono;
mortgage 10 Seller, deed and linancing stalements shali be paid by BlIyer~
L PRORATIONS; CREDITS: Taxes, assessments, rent, inlerest, insurance and other expellses and revenue of Properly shall be prorated through day belore closing, Buyer shall ha,
the option 01 taking over any existing policies 01 insurance, if assumable, in which event premiums shall ,be prorated, Cash at closing shall be increased or decreased as may t;
required by prorations, ,Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be creditad to Buyer aF'
escrow deposils held by morlgagee will be credited to Seller, Taxes shall be proratad based on the current year's tax wilh due allowance made for maximum allowable discour.
hc:lm8lIleadand olher exemp!iQos," closi~.9g':;,!,s ata date when the current year's millage is not lixed, and current year's assessment is available, taxes will be proraled base
upon lIUch asseasment and the prior year's mrllage-:-Ircurrent Y9ar'Sassessmel~1lvt1lVllitatJt;;, 1hemtaxes wdlbc~-en !he-fJ'k" y~'~ 1'l.)L-U~!w'ea,.u;~led ,morovement
on Real Property by January 1st 01 year 01 closing which improvements were not in existence on January 1st of the prior year Ihen laxes shall be prorated based upon the prie
year's millage and at an equitable aasessment to be agreed upon between the parlies, tailing which, request will be made ,to the Counly Property Appraiser lor an Inlormal assessmel
taking Into consideralion available exemptions, Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt or tax b
on condition that a statement to thai el/ect is in Ihe closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, conttrmed and ratilied special assessment liens as of date of closing (and not as of Elfeclive Date) are to be paid by Seller. Pendir,
liens as 01 date 01 closing shall be assumed by Buyer. " the improvement has been substantially completed as of EI/eclive Date, such pendIng lien shall be considered as certltte.
coalirmed or ralilied 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 0' 10 days prior to closing, the ceiling, rool (including the fascia and sollitsl and exterior and interior wal!
do not have any VISIBLE EVIDENCE 01 Ieaka 'or water damage ancl that the septic tank, pool, all major appliances, healing, cooling, electrical, plumbing systems and machinery al
In WORKING CONDITION, Buyer mey, at Buyer's' expense, have inspections made 01 those items by an appropriately Florida licensed person dealing in the construction, repair 0
maintenance ~ tho8e itema and shall report in writing 10' Seller such ilems that do not meel the above standards as to rtelecls logether with the cost 01 correcting them, prior t
~I ClCClJP8!lCY or not less Ihan 10 days prior to closing; whichever occura first. Unless Buyer reports SUCh defects within that time Buyer shall be deemed to have wsived Seller'
Wltflflliel II 'to defects not reported, II repairs or replacement are, required, Seller shall pay up to 3% 01 the purchase price for such repairs or replacements by an appropriatet
FIorIde licensed perlIOIt selected by Seller"II the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, lailing whle'
eithe, party may cancel Ihls Contract. II Seller Is unable to correct' Ihe defects prior to closing" the cost thereol shall be paid into escrow al closing. Seller will, upon reaaonabli
notice, provide utililles service lor Inspections, Between Elleclive Date and the closing, Seller sllall maintain Property including but nol limited to lhe lawn and shrubbery, in lhe conditio
herein warranted. ordinary wear and lear excepted, Buyer shall be per milled accesS for inspection at Property prior to c1o~ing in order to confirm compliance with thIS Standarr:
O. RISK OF LOSS:,II Ihe Property is damaged by fire or other casually before closing and cost of restoralion does not exceed 3% 01 Ihe assessed valualion of the Property s
damaged, cost 01 restorallon shall be an obligation 01 the Seller and closing shall proceed pursuant to the terms 01 Contract with restoration costs escrowed at clOSIng, II the co~
01 resloration exceedS 3% 01 the assessed valuation 0' the Improvements so darnaoed, Buyer shall have the option 01 eIther taking Property as is, togelher with eitber the 3% (
any Insurance proceeds payable by virtue or such loss or damage, or 01 cancelling Conlract and receiving relurn of deposil(s),
P. PStlCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded uJlOn clearance ot lunds, It abstracl, evidence of tille shall be continued at Buyer's expense 10 sho\
title ,~r, withoul any encumbrances or change which would render Seller's Iitle unmarketable lrom the date 01 Ihe last t:vldenr:e, Proceeds 0' Ihe sale shall be held in escrol'
by Seller's attorney or by such olher mutually acceptable escrow agent, lor a period of not 10n'JCr Ihan 5 days from and aller r:loslng date, It Seller's title is rendered unmarketabl.
through no fault 01 Buyer, Buyer shall, wllhln the 5 day period, notify Salll" III writinq ot Ihe delect and Soller shall havll JO days horn date 01 roceijJl 01 such nolillCatlOn to cur
the defect. II Seller fails to timely cure the delect, all deposlt(s) shall, upon wrillen demand tJY Buyer and wilhin 5 days after demand, ho returned to &1'fIBr~nd slInullaneously Wit
such repayment, Buyer shall relurn Personally and vacate Roal Property and reconvey it to Seller by special warranty doed, II Buyer 14Ils to ",ake ti:nely demand lor relund, BuYF
shall take title as is, watlling all righls against' Soller as to any inlerventn\! dofect excl.lpt as may be avallabli! to Buyer hy VIItue 01 warrantlas, cGniaine~ inil1e .deed, It a portio
of the purchase price is to be derived from institutional financing or refinanCing, reQuilfJl11ents 01 Ihe lendintJ ,,,,llllllion a.s to place, IlIflEl'Ol day and proCeQures 10r~cloSlng, and Ie
disbursement 01 mortgage proceeds shall control over conlrary proVIsion In Ihls Contracl, Seller shall have the righl 10 requrrfJ from Ihtl,1Iindill<J institution a written cemmitment lht
it will not Withhold disbursement at mortgage-lllucee,1s~ as a resull 01 ,)IlY lill" delecl attrllJulable 10 Buyer-nlOrlg.lgor. rile escrow_e,lt1 CIOSII1\l.,,y,oG&dure re(iUII~J by Ihls Slandar
may be waived if Iitle agent insures adverse mailers pursuanl 10 Seclion 627,784 I, FS, ( 198 7), as amended - -~ ~'- --::-- -> ~
a. ESCROW: Any escrow agenl ("~") receiving funds or eQuivalenl is authorized and agrees by acceptance of them to deposil lliem pro~y,-hold same in ~~iow <li\d, subjee
to clearance. disbursa them in accordance will1 terms and condihons 0' Contract. failure 01 clearance 01 lunds shall nol excuse Buyet's per.lormarlCe II in doubt as""1o Agent's dutre
or liabIlities under the provisions 01 Contracl, Agr",t may, ~t Af]1lI1t'o, uption, f:OlItlllue 10 hol,j tile sublecl m~tler 01 Ill() ",~;,;row 1lI111!)J!',! JJ~'5J1'lutually agree ,'10' it) ~disbursemen
or unlil a judgment of a court or competent jurisdiction sh~1I delerrOlne the nghts of the polrl",s or Aqenl may ,1,-,pn'Ht wllh Ih" c1l!1 ~ 01 th,-.' Cllcull ,,';'lJUrt' havll1o:r,OIlsdltlion 01 Ih
dispute, Upon notilVlng all parlies concerned of such aclion, all liability on the palt 01 Agenl shall lully tmrninale, ex(;(,pt 10 tile extent 01 ~(ICcourlling for any Ile,,\s preVlQUsly deliv"r;,'
out 01 escrow. II a licensed real estate bro~er, Agent will comply wllh proVISions 01 Chapter 475, F5. 11987), as amend"d Any SUlt~ belween~8l,lyer and SQ/kJr-~1A1here ,Agent IS mad
a parly because 01 acting as Agenl hereunder, or in any SUit wherein Agent interpleads the subjecl mailer of Ihe escrow, Agent Sl1itH,reco;'ef'se1lS0nable~ bllor:1ey's lees and cost
incurred with the lees and costs to be charged and assessed as court cosls in lavor of the prevailing party, Parties agree that A<;uJnl sh.all nol be. Iiable.td any party or perso
'or misdelivery to Buyer or Seller 01 ilems subject to this escrow, unless such misdelivery is due to Willful breach of Contract or gross ne\!ligenc~ o'f AgllAl, ~.
R. ATTORNEY FEES; COSTS: In any litigation arising out 01 this Contrabt, the prevailing pally shall be enlilled to recover reasonal)le allorney's fees-and costs,
S. FAILURE OF PERFORMANCE: II Buyer /alls to per/arm this Contract Within the time specitied (including paymenl of all deposll(S)), the deposit(s) paid by Buyer may be retallle
by or lor lhe account 01 Seller as agreed upon liquidated darmges, consideration lor tile execulion 01 Ihls Contract and in lull selllernent 01 any claims, whereupon, Buyer and Selle
shall be relieved 0' allobligalions under Contract, ur Seller, at ~)eller's option, may proceed in equily to enforce Seller's rights under this Conlract. II, lor any reason other than f"ilur'
)1 Seller to make Seller's title marketable alter diligent elfort, Seller fails, neglects or refuses to perform tl1is Conlract, Il1e Buyel rn..lY seek speCIfic performance or elect to receiv'
the return 01 Buyer's deposit(s) without thereby waiving any action lor damages resulting lrom Seller's !Jredch
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contracl nor any notice of it sl1,lil iJe record.,d in allY public records, This Conlract shall bind an
,nure to the benefit 01 Ihe par lies and tllttll successors in in";les' Whnnever the conte,1 pelllllls, Singular sl1all 1I1clod" plw..1 and O,le gender shall include all NohcR gIven by ()
'0 the allorney lor any parly shall be as effeclive as II 'J,ven by ,)r to thai pally
U. CONVEYANCE: Seller shall convey title 10 Aflal properly hy .';Iallllory wiu('lnly, Irll,'ilf"'S, p,>rson;,1 rppmsenl,ltiv<'S PI' f1",I" 11,111'" rt,>,'d,IS appropri~te to the slat uS 01 Seller, sublec
only to mailers contained in Paragraph VII and Ii ,se othelwISfl11CU'plf:<1 by BuyJ1r f',,,,,un:lllyslull, ,It Il"'luesl 'jl Buy.'r, be 1I,III,!ic"ed by ,)11 absolule bill at sale With warriJnl
,)1 tille, subject only to such mailers as may be oth."wlse proVided ,.., hmen
V. OTHER AGREEMENTS: No prior or present ilgrpernenls or rt1presenlations shall be binding upon Bllyer or S..lIpr unlJJss indutl,>d in IIlis Contract. No modification or change i'
11109 Contract shall be valid or binding upon Ihe p;ulies IInless in Willing ;IIJd'ex,'cLllt'd by the party or parties intend.l,1to I". """no1 by il ~
N. WARRANTIES: Seller warrants that there are no 13Cls known 10 S..lIer milterially 3lfpcling thl1 value of lilt' Rp,11 "nlpf'rly which ,)Ie not rpadlly ohserv3blp hy Buyer or whic
',we IIOt been d,sclos"d 10 Bllyer
MIS U)I ... .
I
I
".
PAlO FROM
BORROWER'S
FUNOS
A T SETTLEMENT
PAGE 2 OF OMS No, 2502-0265
PAlO FROM
SELLER'S
FUNDS
AT SETTLEMENT
. .
!!
L.
SETTLEMENT CHARGES
50,1300.00
@
10
%=
:>,U'3U.OO
700. TOTAL SALES/BROKER'S COMMISSION Based on price S
Division of commission (line 700) as follows'
~~-,l)J 090. 00______t~___BlbN=EDWARQ~R~~1~_______
702. $ to
-~---'---~----_..
-- --------"
703. Commission paid at seUlemenl
5 090.00
704.
8oo.ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee
802. Loan Discount
803. Appraisal Fee
804, Credit Report
805, Lender's inspeclion fee
806. Morlgage Insurance application fee
807. Assumption Fee
808.
809.
810,
8f1.
%
%
to
to
10
900. ITEMS REQUIREO BY LENOER TO BE PAlO IN ADVANCE.
901. Interest from
to
@$
/day
902. Mortgage insurance premium for mo, to
903. Hazard insurance premium for yrs 10
904. yrs. to
905.
1000 RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002 Mortgage insurance
1003. City property laxes
1004, County property taxes
1005. Annual assessments (Maint.)
1101 Selllement or closing lee
1102. Abstract or title search
1103 Title examination
1104. Tille insurance binder
1105, Documenl preparalion
1106. Notary fees
1107. Atlorney's fees fa
(includes above items No..
to
to ~
10
to
to
to
fo
mO,@$ per mo. .' .'; .>'-"
mO.@$ per mo, ....'.... ...;............. .
mO.@$ per mo. .,.. .... .';>. ;'.:..
mO,@$ per mo, ... '.. ........> i.....
mo,@$ per mo, ........ .. '"... .;.
mo@$ per mo .,' ;.i'. ;;.'.
mo @$ per.mo. Ci'
mO,@$ per mo. ..,..'>' ':.1 '.'i
, .... ."
,
150.00
1006.
1007.
1008.
1100, TITLE CHARGES:
(includes above Items No..
1109, Lender's coverage
1110, Owner's coverage
1111.
1112
1113.
$
$( 50.900.00 )
"
INC. ~11.il.nf'~.I~
~I
1108. Title insurance
(nol)
to STEWART TITLE COMPANY OF CLEARWATER
12oo.GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 12 .00 Morlgage $ Releases $
1202. Cily/counly tax/stamps: Deed $ Mortgage $
1203. Slale tax/stamps: Deed $ 305.40 Mortgage $
1204, RECORD AFFIDAVIT-EUIAH M. COOPER
1205.
12.00
305.40
6.00
1300 ADDITIONAL SETTlEMENT CHARGES
1301. Survey
EVANS LAND SURVEYING
NONE
MAILAWAY PREPARATION/COURIER
CITY OF CLEARWATER ASSESSMENT SEARo-I
10
POC
1302. Pes I inspeclion
to
1303
1304
1305.
1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, SectIOn J and :xJ2. Section K)
75.00
5.00
CERTIFICATION: I have carefully reviewed the HUO-l Settlemenl Statement and to the best of my knOWledge and belief, It Is a true and accurate statement of all receipts end dlsb
that I have received a copy of HUO-l Settlement Slatement. RICHARD A. MYERS
ElJLAH M. COOPER
Sellers THEOLA HOUSTON
lrue and accurate account of Ihe funds which were received and have been or will be disbursed by the undersigned as part of the settlement otthis Iransaction.
1? nn
6,098.40
/ 1 A~UST
s.rlemJnl Aaent Date
SEL ER'. AND/OR PURCHA R'S STATEMENT Seller'. and Purchaaer'a algnature hereon acknowladgee hllllhelr approval of lu prorallona and elgnllleethelr underslandlng that prorations were based on tllles for the preceding year, or estlmales
lor tM current year, and In Ihe event of any change for Ihe current year, all neceaaary adJuatmanll mUll be made between Saller and Purehaaer; IIkewlll any default In dellnquenl taxes will be reimbursed to Tille Company by Ihe Seller,
Tille Company, In Its capacity as Escrow Agenl, II and has been authorized 10 depolllall fund. II reeelveeln thlalral1leellon In any IInanclallnllllullon, whelher affiliated or not. Such IInanclallnslltutlon may provide Title Company com puler
accounllng and audit services directly or through a separate enllly which, II affiliated wllh Tille Company, may charge 1M IInanclallnslllullon reasonable and proper compensallon Iherefore and relaln any prollts therefrom, Any escrow fees paid by any
party involved in this transacllon shall only be 'or checkwrlllng and Inpul to the computers, but nollor a'orasald aecountl", and audit IIIVlcas. Title Company shall not be liable for any Interest or other charges on the earnest money and shall be under no
duty to invest or reinvest funds held by It el any lime. Sellers and Purchasers hereby aCknowledge and consenlto Ihe depoSIt of lhe escrow money In IInantiallnslllullons wllh which TIlle Company has or may have other banking relationships and further
consentlo Ihe retenlion by Tille Company and/or lis al1ll1ales 0' any and all benefits (includlllll advantageous interesl rales on loans) Tille Company and lor Its al1l11ates may receive 'rom such linanclalinstltullons by rea on of Iheir mainlenance of said
escrow accounts
The parties have read the above sentences, recognize Ihat the recilallons herein are malerlal, agree 10 same, and recognize Tille Compan't~e }tme, MYER
Purc""s.rs IBOf}Q'fifi Sell' , .
oy: l.. Y Or' CLt;Al{Wl\T1:'~1{ ~ . P
WARNINB: It is a crime 10 knowingly make lalse statemenls to the United States on this or any olher .imilar form, Penallles upon conviction can include a fine and imprisonment. For details see: Tille 18: U.5, Code Section 1001 and Section 1010.
I
I
S,,,,,-t;1) dt (.'01llrnf'l
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
s"rEWAIl.~" "rI~"LE
Or- CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
AUTHORIZATION AND ACKN~EMENT FORM
Reference:
FILE NO. 91060111
LEGAL rms 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOT 7 OF R.H.
PADGE'IT"S SUB
SELLER
RICHARD A. MYERS
BUYER
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE/SE'ITLEMENT STATEMENT - BUD FORM 1) and authorized disbursement
of funds as shown therein this 15 day of AUGUST , 1991. We further
acknowledge that we understand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest infonnation available. If any changes are to be made in this
proration when the tax bill is received, it will be handled between the parties of
this transaction. Stewart Title Company of 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 arnotmt on which to base a proration. Any proration necessary
when tax bills become available wili be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
'IlIAT AIL urILITY BIILS (WATER, SEl'IER, EJ:..EClRIC, MA:I:NTmANCE FEES) HAVE BEEN PAID
OR WIIL BE PAID UPON ROCEIPl' OF FINAL BIILS
~,~~
INITIALS
L-<~~A()~~-4 ~
RICHARD A. MYERS
SELLER'S FORWARDING ADDRESS:
0t/'7'? ~1/A7y;,.N S/
.
~/#;4.77/J,/J/I~/~d t/JIcJ.t
"'
Ha1E PHONE~lj/7 ~9JJ /3~1?
BUYER I S FORWARDING ADDRESS:
HOME PHONE#
WORK PHONE#/
WORK PHONE#
THIS IS 'TO F1JRTHER AUTHORIZE
CHANGES NECESSARY 'TO THE CLOSING STATEMENT.
'TO APPROVE. ANY
STEWART TITLE COMPANY OF CLEARWATER, INC.
BY:
I
I
S,"H'/;{.l' of (.'nlllf.,rl
RONALD (RON) E. SOMERS
President
STEWAI~T TrrLE
OF CLEARWATER
P.O, Box 2756
Clearwater, Florida 34617
(813} 441,2689
1290 Court Street
Clearwater, Florida 34616
D I S C LOS U R E
We, the Owners of that certain real property located at
LOTS 8 AND 9, BLK 1, IDASE AND HARRISON'S SUB OF LOT 7 OF
R.H. PADGETr'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
desirabili~y 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.
@ /~-#tl;&));; (l#J1~
v-p. t 's
~~
vC_ ' ~ . ('J-
W thess
(f)~cJ- -t >
RICHARD A. MYER
DAY OF
AUGUST
, 19 91.
If)
.".-
(I''J
,~
My Commiss ion Expires:"/) -/ ) -9~
""
''-'1 ..
'\'
v
(1, \
' "
... C("
'-.) ,\
I
I
NON-F'OlU~IGN CE.H'I'IFICl\'rION OY INDIVIDUAL 'l'RANSFEROR
1. Section 1445 of the Internal Hevenue Code provides that a trci~lsferee (IE a United
States real property interest must withhold tax if the transferor is C;1 foreign person.
2. In order to infotlll the transferee that withholding of tax i.s not required upon the
c1ispos.i.t:i.oll by RICHARD A. MYERS
of the United States real property described as follows:
LOTS 8 and 9, BLK 1, MOASE & HARRISON SUB OF LOT 7 OF R. H. PADGEIT" S SUB
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I fWe) am ~ not non-resident alien(s) for purposes of United states income
taxa lion ane'l,
(b) My United States
NJ\MI~
RICHARD .A. MYERS
taypaper identifying number( s) (Social Security Number)
SOCIAL SECUIU1'Y NUMDER
Ci1tv 31 J 'f Lf ?SJ..3
ft
ft
it
is/are:
(c) My home mldnms is
(attached additional page if necessary)
(d) There are no other: persons who have an ownership interest in the above-descd.bed
property other than those persons set forth aoove in subparagraph (b).
]. '.lhe undersigned hereby further certifies and declares:
(a) I (We) understand that the plrchaser of the above described property inlends '
to rely on the for.egoing representations in connection with the United States
1"oreign Investlllent in Heal Property 'l'ax Act. (94 Statute 2682 as alllende(l).
(b) I (WQ) ullder.sLi:1I1d this certification 110'1 1~ disclosed to the Internal Hevenue
Service by transferee and that any false statement contained in this certification
lIIl.1Y be punished by fille, J.lIl[K.i.501l1llGllt or lX)tl1.
Under penalties of
fication and it is
Qv
Oa te / ~ AUGUST
perjury I (we) declare I (we) have examined carefully this certi-
tn.le, correct and complete.
1991
S f/ P;Co L l' County"
(tf' .
:'-JM~~fJl{1f.- t ~N;,
RICHARD A. MYERS
MASSACHUSEITS
(...
~~,
('111i ocument must be retained until the end of the fifth taxable year following the','
taxall e year in which the transfer takes place).
CONSULT YOUI~ ATl'OHNEY AND/on 1'l\X l\DVISOR - NO REPHESE.'N1'l\'l'ION OR HECOMMENDl\'l'ION IS Ml\DE DY
S'l'E.WAHT TITLE INSUHl\NCE COMPANY AND/OR CONCERNING TIlE
LEGl\lJ SUFF'ICIENCY l\ND/OR 'rl\X CONSQUENCES Qli' '11115 OOCUMENl'. YOU Ml\Y DE REQUIRe1) TO FILE
l\ COpy OF' 'l'IIIS DOClJMEN'l' WJ'l'II 'l'1II~ IN'I'EHNl\r~ IU~E:NlJl~ SI~HVICE. 'H1ESE l\HE QUES'.l'IONSF'OH YOUH
J\'l'l'OHNI!:Y OH 'l'l\X l\DVISOH.
S'lWfE OF \.J.-'; MASSACHUSETI'S
COUN'l'Y OF' ~v
I IIEREBY C~-:H'l'nY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to 'take acknowledgments, personally nppeared
RICHARD A. MYERS
to me known to be the persons described in and who executed the foregoing instrument
and they acknowledged before me that they executed the same. 6) --av
WITNESS my hand and official seal in the coun(t,~Y nnd S. . last aforesai~r t/f3I~C. day
of AUGUST ,19 .91, ~
i), //'
-'..-\,,i'
',,',' \
{ \.
NOl'l\RY ,C
MY C(1I1)\1ISSION EXPIRES:
)-/7- 7J-'
American Land Title Association Commitment.- 1966
rr==~~
"cc~"=='=~='='='1"'="~"'='="=~'=' "=,=,,==~"===,="''''o-==''''=,,===,='''~cc====='=4:=-'==='=C~=====~='="===''''==
COMMITMENT FOR TITLE INSURA~CE 91060111
ISSUED BY
':~:--"':-==:-::=:.-;-":--;-:::-'--~:~
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II
ii
STEWART TITLE
GU ARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective ()nlyvvMn the identity of the proposed Insured and the
amount of the policy or policies cOrT'1rT'1jtt~dfor~ayeb~en inserted in Schedule A hereof by the
Company, either at the time oftheiss",,~nceofthisCornmjtment or by subsequent endorsement.
This Commitment is preliminarytC)tI1Elii$$Y~Qce~fs~cI1Policy()r 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
~~ '-hr~
GUARANTY COMPANY
Chairman of the Board
Coun ersi ned by:
I~~'C~
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~~. &. ......... ..;~,
lfil~(,,()apOIlf,;\-:J.
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';.\ 19 0 8 i~
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'J'...... ......... ... .~ ....
"\ ~Xj\""
,... .1f!'I.
W~$~
President
Company
Ci tv, State
Serial No. C. 9 912.7 6 2 5 0 2
______ ...__n__. _.___..
---. - - . . - -- .-.
005N Rev. 3/78
---:--~.
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I
SCHEDULE A.
Commitment No.
91060111
Prepared For: CITY OF CLEARWATER, FLORIDA
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(al 0 AL XA Owner's Policy
$
50,900.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA
(bl D ALTA 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:
RICHARD A. MYERS, as to a one-half interest, EULAH M. COOPER as to a
one-quarter interest and THEOLA F. HOUSTON, as to one-quarter interest
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lots 8 and 9, in Block 1 of MOASE AND HARRISONfS SUBDIVISION of
Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, Page 85 of the Public
Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
Page 2 of 4
STEWART TITLE
2552
GUARANTY COMPANY
I
SCHEDULE B
I
ORDER NO:
91060~11
C-9912-762~
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 nu bers required of all parties to the
transaction by the Insuror.
Payment of
Taxes.
Payment of
Taxes.
II.
Continued on next page
Schedule B of the policy or policies to be issued will contain exceptions to the followmg matters unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims 0
attaching subsequent to the effective date here f
estate or interest or mortgage thereon cover
matte 'any, created, first appearing in the public records or
o the date the proposed Insured acquires for value of record the
IS Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not
(b) Easements, or claims of easements, not
(c) Encroachments, overlaps, boundar
and inspection of the premises.
(d) Any lien, or right to a lien, for
the public records.
(e) Rights of dower, homestea r 0 al rights of the spouse, if any, of any individual insured.
(f) Any titles or rights asserte by ne including but not limited to persons, corporations, governments or other entities,
to tide lands, or lands co I 'f1g the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the har r bulK ead lines as established or changed by the United States Government or water rights, if any.
3. Special E c
(a) Taxes.
reto or hereafter furnished, imposed by law and not shown by
Subject to Taxes for the year 1991
are not yet due and payable. Parcel No.
Gross Tax for the year 1990, $1,074.41.
and subsequent years, which
15/29/15/58338/001/0080
2153
Page 3
of 4
s"rE,\VAU.T "rITLE
GU A RA NTY COMPA NY
'i ~- ..
".
J
I
CONTINUATION SHEET
SCHEDULE _
B
Commitment Number:
Order Number:
91060111
C-9912-762502
SCHEDULE B - PART I CONTINUED
Payment of 1990 Real Estate Tax
Proper disposition of that
ROBINSON'S OF FLORIDA, P
Defendant, filed Septemb
of the Public Records of
1729
RI D A~ MYERS, a married
is rincipal residence as to a
PER, an unmarried woman as to a
EOLA F. HOUSTON, an unmarried woman
to CITY OF CLEARWATER, FLORIDA.
Page --4 Of 4
0055
STEWART TITLE
GUARANTY COMPANY
;" " , ..,.
I
I
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. liability of the Company under this Commitment shall be only to the named
proposed 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.
,/ ,
> . -
ALTA OWNER'S POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS,
I
I
"
POLICY OF TITLE INSURANCE ISSUED BY
91060111
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM C
SCHEDULE B AND THE CONDITIONS AND
corporation, herein called the Company, insures
exceeding the Amount of Insurance stated in Sch
RAGE, THE E TIONS FROM COVERAGE CONTAINED IN
PULATIONS, ST ART TITLE GUARANTY COMPANY, a Texas
of Date of POliC~j~hOwn in Schedule A, against loss or damage, not
Ie A, sustained O~i~~purred by the insured by reason of:
1. Title to the estate or interest described in Ie A being ve$'mdother than as stated therein;
2. Any defect in or lien or encumbranceon thEl;~ittEl;
3. Unmarketabilityof the title;
4. Lack of a right of access to and frolTl t
The Company will also pay the costs,)l1:Pt
to the extent provided in the Conditions
defense of the title, as insured, but only
IN WITNESS WHEREOF, Stewart T
duly authorized officers as of the Date of
this policy to be signed and sealed by its
~~ nr:~
Chairman of the Board
~~edgnesd ~~4~
Au oraz Ignatory
Company
City, State
~IAGE
'\; Company will not pay loss or damage, costs, attorneys' fees or
The following matters are expressly excluded from the cove
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (incl iteciJa building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or i) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any vio inances or governmental regulations, except to the extent that a
notice of ~he enforce.ment thereof or a notice. of a defect, lien 0~S7}h~~I}'~~~nE~II~~W}ling from a violation or alleged violation affecting the land has been
recorded In the public records at Date of PoliCY. ) ,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
Or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
~---...,....-...-...=-~-
Page 1 of
Policy 0-2111-
Serial No.
15798
211 (Rov, 4-6,90)
-
~
t
t
t
t
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t
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t
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company tOlrose-
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,. pany within 90 days after the insured claimant shall ascertain the facts giving rise
(e) \ mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage, The proof of loss or damage shall describe the defect in,
instrument, or lien or encumbrance on the title, or other matter insured against by this policy
(f) "public records": records established under state statutes at Date of Pol- which constitutes the basis of loss or damage and shall state, to the extent possi-
icy for the purpose of imparting constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Company is
property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of
1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall
environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue
--districtcourt-forthe-distriEWR whkh~d i$loceted. _______<__ - .any-litlgation,with-l'egm4to-the matter or.-matters requirin9-such-prooLoUO$$.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. pony, all records, books, ledgers, checks, correspondence and memoranda,
The coverage of this policy shall continue in force as of Date of Policy in whether bearing a date before or after Date of Policy, which reasonably pertain
favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage, Further, if requested by any authorized representative of
land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any
a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all
reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody
once of the estate or interest, This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All
any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the
an indebtedness secured by a purchase money mortgage given to the insured, Company pursuant to this Section shall not be disclosed to others unless, in the
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the
The insured shall notify the Company promptly in writing (i) in case of any claim, Failure of the insured claimant to submit for examination under oath, pro-
litigation as set forth in Section 4(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 promrt notice is additional options:
required; provided, however, that failure to notify the Company shal 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 ext~nt 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
_ ;__~)~t~:nN~r~~nC~~~~~~~_~~jos~redJ1nd_~b~t.t(tthe~OPJLOn~ cQr1taiD_ed__ _ __~e:U8~fnj~G~~~c~s~~b~~~~ t~:~~~:~Gh::;~l:~~t~~Ja;~; (lndo.bligations
In Section 6 of these Conditions and Stipulations, the Company, at Its own cost to the Insured under !filS policy, otfler than To maKe the payment reqUired; sholl-
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 Pay or 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 I to represent the insured as to those stated causes of (i) to payor otherwise settle with other parties for or in the name of an
action and shall not be liab e for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any
The Company will not pay 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 t.he in~ured, The Compan.y may tak~ any pany up to the time .of payment and which t~e Company is ~bligated. to pay, ,
appropriate action under the terms of thiS policy, whether or not It shall be liable Upon the exercise by the Company of either of the options prOVided for In
hereunder, and shall not thereby concede liability or waive any provision of this paragraphs (b)(i) or (ii), the Company's obligations to the insured und~r this pol.
policy. If the Company shall exercise its rights under this paragraph, it shall do so icy for the claimed loss or damage, other than the payments reqUired to be
diligently, made, shall terminate, including any liability or obligation to defend, prosecute
(c) Whenever the Company shall have brought an action or interposed a or continue any litiQation.
defense as required or permitted by the provisions of this policy, the C~mpa~y 7. DE.TERIt.\IN~TION, EXTEN~ OF L1~BILlTY:
may pursue any litigation to final determination by a court of competent IUrlsdlc- ThiS ~olicy IS ~ contract of Inde.mOlty agal~st actual monetary loss or dam-
tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or Incurred by t~e Insured ~Ialmant ~ho h.as sulfere.d loss or
adverse judgment or order. damage by reason If matters Insured against by thiS poli~y and only to the
I extent herein describ d. .'
(contin~ed and ~oncluded on last page of this policy)
AL TI,\ OWNER'S POLICY
J
I
rnls
15798
SCHEDULE A
Order No.: 91060111
Policy NoO-2111- 15798
Amount of Insurance: $ 50,900.00
Date of Policy: August 15, 1991
1. Name of Insured: CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
Lots 8 and 9, in Block 1 of MOASE AND HARRISON'S SUBDIVISION of
Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, Page 85 of the Public
Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
REG, 00012
Page 2
STEWART TI'l~I...I~
GUARANTY COMPANY
delete
delete
delete
delete
delete
delete
2113
AL T A OWNER'S POLICY
Order No. 91060111
J
I
SCHEDULE B
Policy No.: 0~MM-15798
This policy does not insure against loss or damage by reason of the following:
1.mR~~tttt*rx~~~~~R!is.
2.~~~~~ .X
3. ~~~ ~!ltxby
~~ ~
4. ~~~cl~~~Ri2iobec~lOmxiJltmEl,
il~l~~tt~bbt~d~}oK~mt:~~~
5. ~~~~II~~lU[Qt~mc:lm~~k
t~.
6. A~XlX:xWl~~~~tootw:~~I1lJ<<x,
g~tf~x%c~~xRRR)f)(~gx~~ft~lbat~~f
n~~~~~~~g:l:!Mx:~xRttx!~~~~d
Ii ~~~~x:~xx
7. Taxes for the year 19 92 and thereafter.
Page 3
STEWART TITLE
GUARANTY COMPANY
I CONDITIONS AND STIPULATIONS Conti nuL
(continued and concluded from reverse side of Policy Face)
"
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured agoinst by this policy,
~ (This paragraph removed in Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accorflance 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 unmorketability 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 domage 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.
AlIlayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter,
13, SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant,
The Company shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com.
pany, the insured claimant shalltranster 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 ony, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation,
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea-
son of this policy_. ,
14, ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
ance Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties, The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator!s} may be entered in any court
having iurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company,
16, SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P,Q. Box 2029, Houston, Texas 77252.
STEWART TITLE
GUARANTY COMPANY
j
I
Sane/il." vi Contract
RONALD (RON) E. SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STEWART TITLE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441,2689
*
*
*
*
CITY OF CLEARWATER, FLORIDA
P.O. BOX 4748
CLEARWATER, FL. 34618
l\v.tttV'E'O
Sf..~ \) ; \99\
CLERK
ell'!
September 3, 1991
P-leaseinclooeourfile No~--Dn.al1-corr-espondence~tt9 till 00 1/1
:1 RE: Lot 12, B1k. 1, Moase & Harrison Sub of Lot 7 of R.H. Padgetts Sub.
Dear City of Clearwater,
Enclosed please find the following documents in connection with the above
mentioned property:
......
( Title Binder
( Mortgage Title Insurance Policy
Original Mortgage
(XX) Owners Title Insurance Policy
(XX) Original Warranty Deed
(
Check(s) #:
#:
#:
$
$
$
( Endorsement
Other
'!he opportunity to be of service to you is always appreciated. If we can be
of any further assistance to you, please do not hesitate to contact our office.
Very truly yours,
STEWART TITLE COMPANY OF
~,~.
Dawn D. Hickox
L