KENNETH L & DEBRA L WALKER
I
J
'~';(lT1f'/i,-y 01 ('()ntrart
RONALD (RON) E, SOMERS
President
STEWART TITI~E
OF CLEARWATER
1290 Court Street
Clearwater, Florida 34616
August 1, 1991
P.O. Box 2756
Clearwater. Florida 34617
(813) 441-2689
*
*
*
*
CITY OF CLEARWATER
PO BOX 4748
CLEARWATER, FL 34618
1\tctl1tD
~UG n '2. \99\
cr,;,y ClERK
Please include our file NO.~,U~T~QP9nQ~Jl,<:;e.:___,__~JQgD039
RE: WALKER/CITY OF CLEARWATER
rm 20, FIRST ADDITION TO MAC DIXSON I S SUB
Dear' SIR:
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
( ) Checks(s)#
#
II
$
$
$
( ) Endorsement
( XX) Other
COPY OF CORRECT SURVEY
The 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, ~ /1rn-&~
STEWART TITLE COMPANY OF CLEARWATER/, INC.
Christine M. Larkin
mitis JIIIarrantv IIttb Made the 11th day of July,
KENNETH L. WALKER and DEBRA L.WALKER, his wife
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 terms .gnmtor. and .gnmtoe. include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
_ftntllllttlJ: That the grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee all that certain land situate in Pinellas
County, State of Florida , viz:
Lot 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 5, Page 96 of the Public Records of Pinellas County, Florida.
Parcel Number 15/29/15/21690/000/0200
, ,
, I'd
R~lur~ 10: ~nclose.....W-addressed stamped envelope) 1-1 [")I'J"'~ I
Name: "
r!:~~~2822,i~ '11'1l1S prepiiffd by:
Addr_~fJc ~ . L :~::P.'~~~~~~;:L~:,OF;;"EA~;~~E:~
t u L,01IL17c.J - ' X291l Com't S:w;i
This Instrument Prepared by: Cle:uwater, FL 3416::16
P.O, BOll 2756
Cl\!lIn'l'lItl:t, FL 34617
Which Instrument WitS prep.ued incidental
to writing of II Tille Insurance Policy.
Addr...:
Property Appraisers Parcel Identification (Folio) Number!s):
Grantee[sJ 5.5. #[sJ: C'~ It)\:'ru J't
SPACE ABOVE THIS LINE FOR PROCESsING DATA
01 Rf:>:~;H';i<
REC ,"H{C :
DS ~73.Q.
^-,.Lb'
WARRANTY DEED
INDIVID. TO INDIVID.
I
PINELLAS COUNTY FLA.
OFF.Rr::C.BK 7622 F'G 374
INST t 91-186227
JLY 12, 1991 4:43PM
SPACE ABOVE THIS LINE FOR RECORDING DATA
A.D. 19 91
Grantors social security
c?C)CJ- (141 -S2()(J (KENNETH) ~h((z-I/'30Jf(DEBRA)
'JA ~.-)
Documentary TilX Pd, $Ci'\.~~'L,J,) ,
Subject to all easements and restrictions of record. it< 'lux Pd.
$,-,..--.,........-.--,
Karleen F,~U B ,'(!i', Cie:':~, r':f,;;il:n County
By , G Jputy Clerk
mngdlJtt. with all the tenements, hereditaments and appurtenances th 0 belonging or in anywise
appertaining.
mn lIIaut anb tn lIInlb. the same in fee simple forever.
Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and 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 December 31, 1991 .
3Jn _ftntllll _lJtttnf. the said grantor has signed and sealed these presents the day and year first above
written.
J- f{ e.l)rf/l~ L../aL
Signature
l!.U
KENNETH L. WALKER
Printed Signature
5JiAf 1J!.l~:JI)LL)1i~' /hi, '
Post ce Aadress
(1Jur c3l/t/::
, tltA
Signat .
/i~~
l!.U
_. '. . DEBRA 1.1. .-. WALKER
Printed SIgnature . .,--
6/.1 A/ J)U6.s{)iL.}c'lft;~~. tiLu ,j'<I~/~
Post Office Ad~
STATE OF FLORIDA
COUNTY OF PlNELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared KENNETH L. WALKER and DEBRA L. WALKER, his wife
to me known to be the person described in and
who executed the foregoing instrument and the~knowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State Ipst af~e~i~, this 11 th day o.~ . July ,A.D. 1991 .
.~. )..7 ~. ~/!f~W .
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Prin~otary Signatu... ,
My Commission Expil..s: if ..,;I("t/ . 7 d
ct~ t.
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SEAL
KARLEEN F. DEBLAKER, CLERK . .
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A SURVEY OF LOT 20 tf fl~ST ADDI'710N To MAC.J;>l)(SONS
SUBD,v' oS' 0 N
AS RECORDED IN PLAT BOOK ~ , PAGE qro I OF THE PUBLIC RECORDS
OF PINElLAS COUNTY, FLORIDA
""lo,.Jf'-; c, re..~ CII'( of aEA.Ji:"",A:TE.~ PA"-'E.L- 15 (~-o,- 53)
. I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE.
DATE: (0-19-91 EVANS LAND SURVEYING
OfNG. f?6. rG.~ :"-~-,,
eM:. CoNC,R,E-rE.. MONlJME:NT fOU,.JD
ALTA, OWNER'S, POLICY - (4-6-90) WITH FLORIDA MODIFICATIONS
!"
I
~ - - - - - - - -
POLICY OF TITLE INSURANCE ISSUED BY
91060039
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 I nsurance stated in Sc
1. Title to the estate or interest described in S,
TIONS FROM COVERAGE CONTAINED IN
ART TITLE GUARANTY COMPANY, a Texas
of Date of Polic hown in Schedule A, against loss or damage, not
Ie A, sustained or:~~curred by the insured by reason of:
Ie A being vested other than as stated therein;
2. Any defect in or I ien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from t
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
~~~~
defense of the title, as insured, but only
this policy to be signed and sealed by its
Chairman of the Board
~""~ed~
Au1liorized Signatory
Company
City, State
COVERAGE
The following matters are expressly excluded from the cove !illldthf Company will not pay loss or damage, costs, attorneys ees or
expenses which arise by reason of:~~.~",,,,;,~_, .
1. (a) Any law, ordinance or governmental regulation (incl.,l:lufnot fimited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or . ' ') the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership 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
not, ice of the enforcement thereof or a notice of a defect, lien orsencumbrance resulting from a violation or alleged violation affecting the land has been
" . '. anCfll)' (If ( ()l![racr
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.
f
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~----~........
Page 1 of
Policy 0-2111-
Serial No.
15742
~ - ~
211 (Rev. 4,6.90)
CONDITIONS AND STIPULATIONS
1, DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Companr would have had against the named insured, those who
succeed to the interest 0 the named insured by operation of law as distinguished
from purchase including, but not .limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of
matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and im~rove-
ments affixed thereto which by law constitute real property. The term' land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy,.
(e) 'mortgage ': mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of Pol-
icy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
_ l(a)(iv) oUhe Exclusions From Coverage, "public records" shall also include
environmentar proiectionliensfiledintn-e' records of-the,defk-ef.the. Uflited,States- ~--'-
district court for the district in which the land is located.
(g) "unmarketability of the title"; an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a 'purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(0) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the ext~nt of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
,CLAIMANT TO COOPERATE,
----'-~ -CofUpori wnttenreqiTest by tnemsured aiHtsuojecffothf1optionn:ontainecl-- ,
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable cause I to represent the insured as to those stated causes of
action and shall not be liab e for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost, to institute and prose-
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy. If the Company shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdic-
tion and expressly reserves the right, in its sole discretion, to appeal from any
a,dverse judllgment or order, I
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as insured.
If the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall ter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, the Company's obligations to the insured under the policy shall
cJermj.rtaJe.",i.llcluding any liability or obligation to defend, prosecute, or continue
any litigation, with regariflotne' mafrerormmteTs'requiriny-;treh'proot'i)f~o~1'- '
damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath, pro-
duce other reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exer-cise by the Compcmy at this Dption, allliability_and..Qbligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs \b)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the c aimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litiQation.
7. DETERMINATION, EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffere,d, loss or .
damage by reason o1.tatters insured against by this policy and only to the'
extent herein describe,
(continued and concluded on last page of this policy)
-
.'AL TA OWNER'S POLICY
I
I
mls
SCHEDULE A
Ordet Nb:~ 2
Date of Polic~~ 0 6 0 039
1. Name of Insur&&~Jy 121 1991
Policy No.:
0-2111- 1574)
Amount of lnsurance: $' .-
45..500,00
CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA
4. The land referred to in this policy is described as follows:
Lot 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION according to
the Plat thereof, as recorded in Plat Book 5, Page 96 of the
Public Records of PINELLAS County, Florida.
REG, {) 0012
Page 2
STEWART TrrI.JI~
GUARANTY COMPANY
Order No.
91060039
ALTA qWNER'S POLICY
(
I
I
S C H E 0 U L EB
Policy No.: OZ~h~-l r:; '7 4 2
This policy does not insure against 1055 or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
delete 1. R
delete 2. E
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey and inspection of the premises.
delete 4.
d,
imp
delete 5. ~RK:RW:R:N:
the i~x
delete 6. An')t~~~~nwc.ntt::mmxkm4:mdcIDoXpm~~:.tiXlXllS,
~~~kttx~x!~ R~J1l~XJ1ltcx
n~~~~~m~~R~XXX
x ~~~~~fmkft~~~x
7. Taxes for the year 19 91 and thereafter.
ioaeooatsxx
m~w~~xm~lcx
8. Subject to facts of survey by EVANS LAND SURVEYING, dated June
19, 1991 showing adjacent single story frame house from Lot 21
encroaching 0.7' on the westerly boundary.
2113 (Rev. 6-87)
Page 3
ST:F~WAI-l'I" 'rrl"LJ~;
GUARANTY COMPANY
- - ,-~
lONDITIONS 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.
iliJ (This paragraph 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 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 hod this policy not been issued, If requested by the Com-
pany, the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro-
gation. The Insured claimant 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 0 payment on account of a claim does not fully cover the loss of the
insured claimant, the Company sholl 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, sholl be
required tOlay only that port of any losses insured against by this policy which
sholl 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. Judgment
upon the award rendered by the Arbitratorlsl 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, sholl 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 Secretory, 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 sholl include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.r
STEWART TITLE
GUARANTY COMPANY
,
~\
--------------
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 80 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
,~~ -- -+-- -- --- --
1 :'
-- -- -+- -- -+- .....~
S'anoilY oj OmmlCl
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
\~
,
'I
-- - -- --- -- - -- -- -
POLICY
OF
TITLE
INSURANCE
- -- - -- -- -- -- -- --
\~
,~
I
I
CITY OF CLEARWATER
Interdepartmental correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
Purchase from Kenneth L. and Debra L. Walker, Lot 20,
Mac Dixson Subdivision for future development
FROM:
RE:
DATE:
July 17, 1991
The subject purchase was completed on Thursday, July 11, 1991, and
enclosed are the following documents:
Contract for Purchase and Sale
Settlement Statement
Title Commitment # C-9912-762452 issued by Stewart Title
Guaranty Company
Survey
Copies of the following documents:
I will
them.
Warranty deed
Authorization and acknowledgement form
Indemnity and affidavit as to debts, liens and possession
Information for real estate 1099-S report filing
Non-foreign certification by individual transferor
Disclosure
Affidavit of marriage
Affidavit of no liens
Indemnification, release and acknowledgement
forward the original deed and title policy when I receive
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director w/copy of Settlement Statement
RECEIVED
J U l 1 8 1991
CITY CLERK
CONTRACT FOR SALE AND PURCHASE
PARTIES: Kenneth L. Walker ani Debra L. Walker, husband ~d wife, ("Seiler"),
Clpi1n.vrlter. Florida (Phone),
("; ty of CJ earwater. Florida ('Buyer"),
of POBox 4748. Clearwater, :F'lorida 34618 (Phone ),
~Iereby agree that the Seller shall sell and Buyer shall buy the fOllowing real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the fOllowing
terms and conditions, which INCLUDE the Standards for Real Estate TransacliCJns("Standard(s)") printed on the reverse or attached and any Riders and Addenda to this instrument.
I. DESCRIPTION:
(a) Legal description of Real Proper~y located in P; n p 1 1 i1 c:: County, Florida:
Lot 20, Mac Di'Xson Sllnn;'v;c::;on 1c::t- Ar'l(lit-;on as recorded in Plat Book
5 pag.e.-96 Pllblic Rpr'o"('nc:; of P;np11i1C:: ("olJnt-y. Flori(la
(b) Streeladdress, city, zip, of the Property is: (:0111 n ~ t- rppt-. (" 1 Pi1 rwi'I t- F' r. F 1 or i d a 34 6i] 6
(c) Personalty: NonE'>
PURCHASE PRICE ..... .,.. .... ,. ..,....
PAYMENT:
45,500.00
...............,.................,..,..,.. $
(a)
(b)
(c)
Deposit(s) to be held in escrow by ,Tf\R 0 f (" 1 P i1 rw i'I t- p r, Tn c .
Additional escrow deposit within 5 days afler Effective Date in the amount of ., ,
Subject to AND assumption of mortgage in good standing in favor of
,..,......,.......,..... $
in the amount of . , $
-0-
2,000.00
having an approximate present principal balance of ,. $
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of ""... ,.......,....,.....,..,. . $
(e) Other: $
.. '!t"J.) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations..,.,...."...,.,.,... .... $ 43, 500 . 00
11I9 IME FOR. ACCEPTANCE; EF~ECTIVE DATE; FACSIMILt[ thi10ffer is not executed by and delivered to all parties OR FACT OF EXECUTION. communicated in writing
betw(;en the parties on or beforo 1'. r r; 1 ". 1 'I '11 _ ,~t/. ~e~osit(S) will, at Buyer's option, be returned to Buyer and this offer withdrawn, A facsimile copy of this
Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originats. The date of Contract ("Effective Date") will be the date when
the last one of the Buyer and Seller has signed this offer.
FINANCING: Not Applicable
(a) If. t tIe purchase price or any...e.art of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commit.ment for (CHECK (1)
or (2)or (3)): (1) 0 a fixed, (2) U an adjustable or (3) 0 a fixed or adjustable rate loan within_ days after Effective Date at an initial interest rate not to exceed_ %,
term of years and for the princ;pal amount of $ , Buyer will make application within days after Effective Date and use reasonable
diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan, Buyer shall pay all loan expenses, If Buyer
fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the
terms and conditions of tile commitment, Iheneither party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph II(c) ubove has (CHECK (1) or (2)): (1) 0 a variable interest rate or (2) 0 a fixed interest rate of % perannum,
At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within days afler
Effective Date, furnish statements from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a
morlgag8 w~lich requires approval of Buyer by the mortgagee for assumption, then BUY8r shall promptly obtain all required applications and wil! diligently complele and relurn
them tb the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided), If Buyer is not
accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the staled amount,
Seller or Buyer may rescind this Contract by prompt written notice to the other party unless. either elects to pay the increase in interest rate or excess mortgagee charges,
V. TITLE EVIDENCE: At least ---l- 5 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's a ley, in accordance with Standurd A,
(CHECK (1) or (2)): (1) 0 abslract oT title or (2) 5a title insurance commitmont and, after closing, owner's policy 01 title insuranc . ~I,;
VI. CLOSING DATE: This transaction shall be closed and the deed and other ciosing papers delivered on ? " ~ ~nle t . ended by other provisions of Contract.
Vii. RESTR!CTIONS; EASEM!:NTS; L1MITATlONS: B"y(); shall laria iille subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and mallers appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 ieet in width as to the rear or front lines and 7 'f, feet i width as to the side lines, unless otherwise stated here' axes for year of closing and subsequent
)
years; assumed mortgages and purchase money mortgages, if any; other:
, provided,
tllat there exists at closing no violation of the foregOing and none of them prevents use of Real Properly for g e n era 1 c omrne r cia 1 purpose(s).
VIII. OCCUPANCY: Seller warrants Illat there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all riSk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing,
IX. ,TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with. them,
RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (~) 0 FOREIGN INVESTMENT IN REAl PROPERTY TAX ACTRIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHAIVA RIDER
(f) 0 OTHER:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) IJl::may assign or (2) 0 may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached or (2) $ there is no Addendum,
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
(lV. DISCLOSURES: Buyer 'ltl acknowledges or 0 does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures..,
---------------
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Approval does,notflcostitute an opinion that any of the terms and conditions in this Con/met shoutd be accepted by the parties in a particular /ransactioiJ. Terms
iJnJ~con.;Jilion$ ~houJd be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons,
-' 'COPYRIGI-iT 1991 BY THE FLORIDA BAR AND THE EL IDA ASSOGIATIO OF REALTOR
-C)::BAR A'U'~,F~q,:RIDA - - - - - - - - - I J / .i
. -:..... -. c~' _ fol'cJj'f( Date :3///~'
'1:;t:;i ~~r::MandyeL Kenneth L. W~<1Jker
_-L-~- t;;,. r-- (, -/0 - '7 ( Date. .
_ .~'(,iTrr*~ ct L.: C.i. t Y c 1 er k SO/~ secunJ or Tax WI' .'
~nljssiOJlPr(;,-lo-"( ~:te /VL/ijl}/l.4, / .i~Ja..IA~G j./V4/ Date
' . ~-'.Afc Date Debra L. Wa(J;~6#)L
o~I.5A.c~ritY(!laT:l Z\. t torney Social Security or Tax 1.0. #
eposit under Paragraph lI(a) receive; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. JBR of Cl€l6l.ry1a ter, Ine' (Escrow Agent)
ROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By:
3: IF A LISTING AGR!:~MENT ISCURR~NTLY IN ;.fFECT;
seiler agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract ot litle prepared or brought current by 0 reputable and existing abstract firm (if not existing then certified as correct by an existing firm)
purporting to be an accurate synopsis of the instruments affecting tille to Ihe Real Property recorded in the public records 01 the county wherein Real Property is located through
Effective Dale and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction, the abstract shall
become the property of Buyer. subjecl to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to the Real Properly,
subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey
marketable title subject only to liens, encumbrances, exceptions or qualifications "ipecified in the Contract. Marketable title shall be determined according to applicabie Title Standards
adopted by authority of The Florida Bar and in accordance with law, Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title
to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). II the defect(s) render title unmarketable, Seller will havei20 days from
receipt of notice within which to remove the defect(s), lailing which Buyer shall have the option of either accepting the title os it then is or demanding a refund of deposit(s) p"id
which shall immediately be returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations L'n,:ler the Contract. Seller shall. if title is found unmarketable,
use diligent effort to correct del~=,(s) in the title within the time provided therefor, inCluding the bringing of necessary suits.
B. PURCHASE MONEY MOflTGAG& SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller sholl provide for a 30-day grace period in
the event of default. if a' ;irst mQrJgqge and a 15-day grace periOd if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall
not permit acceleration or iDtetest adjustment in event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications
of or future advt1nce!l,uf1Aar prior mortQage(s.); :lf1d the mortgage, note and security agreement. shall be otherwise in form and content required by Seller; but Seller may only require
clauses customaril:r- !ol.lnd in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county
wherein Real F'roperty,-is local()tt All P",fsonalty",and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorderl
financing statemeut~. tJ a balloor. mortgage, 'the final payment will exceed the periodic payments thereon.
C. SURVEY: BUYQr,al Buyer's expe~'f~.within time. allowed to deliver evidence of title and to examine same, may have Real Prope'ty surveyed and certified by J rC~lisl()red FIClrida
surveyor. If surve~~hows encr0Hchrni;nt on Real r>rc,;Qerty or that improvements located on Real Property encroach on setback lines, easements, lands of others or violate' any restrictions,
Contract cove'~an~""'lIPplicable gO\~(li'''''ntal r:'9.u1alion, the same shall constitute a title defect.
D.. TERMITES: BuWr,.ftl_Buyers expense,withir1imeallowed to deliver evidence of title and to examine same, may hove Real Property inspected by a Florida Certified Pest Con'rol
Operator to determinaif. lbere is any visibi€'e-(;:iVe iermite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will
have 4 days from Llate of'wrlttp./l notice tile mol within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller
shall pay valid costs 01 'irGati!'2nt and'epair of all damage up to 2% of purchase price. Should such costs exceed. that amount, Buyer shall have the option of cancelling Contract
within 5 days alter receipt' o! contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credit at closing of an amoL'llt eClual to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
destroying organisms required to be reported under the Florida Pest Control Act.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof,
tille to which is in accordance with Standard A
F. LEASES: Seller shall, not less than 15 days before dosing, furnish to Buyer copies of all written leases and estoppelletlers from each tenant speCifying the nature and duration
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain. such letler from each tenant, the same informalion shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and. Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing,
deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any finanCing statements, claims of lien or
potential llenors known to Seller and lurther. attesting that there have been no improvements or repairs to the Property lor 90 days immediately preceding date of closing. If Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens .executed by all general contractors, subcontractors, suppliers and materialmen
in addition to Seller's lien affidavit setling forth the names of all such general contractors, subcontractors, suppliers and materiillmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing sholl be held in the county wherein the Real Property is located at the office of the allorney or other closing agent designated by Seller
I. TIME: Time periOds herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time ;:.eriod provided for herein
which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day,
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments,
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, intangible tax and recording purchase mOney
mortgage tei Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue 01 Property shall be prorated through day before closing, Buyer shall hal/e
the option of taking over any existing policies of insurance, it assumable, in which event premiums shall be prorated. Cash at closing shall be increased ordecrea.sed as may be
required by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall b.e prorated based on the current year's tax with due allowance made for maximum allowable discount,
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 based
upon such assessment and the prior year's mi lage.lf current year's assessment is not available, then taxes will be prorated cnth€: prior year's tax. If there are completed improvement:;
on the Real Property by ,Januarvlst of ye8'oi "l:1sing which imprcverrc'lts wen: n~l in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment .to be agreed upon 1;3tween the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proratio,l based on an estimate shall, at request of either Buyer or Selier, be subsequently readjusted upon receip:
of tax bill on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of dosing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date of ctosing shall be assumed by Buyer. If the improvement has been substantially completed as 01 Effective Date, such pending lien shall be considered ce;tified, confirmed
or ratified and Seller shall, at closing, be charged an amount equal to the fast estimate of assessment for the improvement by the public body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffit5) and exterior and interior walls,
seawalls (or equivalunt) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical
items, healing, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense,have inspections mode of those items by a firm
or individual specializing in home inspections and hOlding an occupational license for such purpose (if required) or by an appropriately licensed Florida contraClor. Buyer shall, prior
to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet .the above standards as to defects.
Unless Buyer reports such. defects within that time, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are 'equired,
Seller shall cause such repairs to be made and shall pay up to J% of the purchase price for such repairs or replacements as may be required in order to place sLlch items in WORKING
CONDITION, If the cost lor such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel
this Contract. If Seiler is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service
and access to .the Property for inspections, inClUding a walk-through prior to closing. Between Effective Date and the date 01 closing, except for repairs required by this Standard,
Seller shall maintain Property, including, but not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted.
O. RISK OF LOSS: If the Properly is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of th., Property so
damaged; cost of restoration shall be an obligation 01 the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost
of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shail have the option of either taking Property as is, together with either the 3% or
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Ihis Contract and receiving return of deposit(sl.
P. PROCEEDS OF SALE; CLOSING PROCEDURE: 'The deed shall be recorded upon clearance of funds. If abstract, evidence 01 title shall be continued at Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's titie unmarketable from the date 01 the last evidence. Proceeds of the sale shall be held in escrow
by Seller's allorney or by such other mutually acceptable escrow agent for a periOd 01 not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable,
ttlrough no fault 01 Buyer, Buyer. shall,' within the 5-day period, notify Seller in writing of the defect and Seiler stlail have 30 days from date of receipt of such notification to cure
the defect. If Seller lails to timely cure the delect, ail deposit(s) and closing funds shall, upon wrillen demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand lor
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available. to Buyer by virtue of warranties contained in the deed,
If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of ,day and procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a wrillen commitment
that it wiH not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627.7841, F,S. (1989), as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds Or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance With terms and conditions of Contract. Failure of clearance of funds shall not excuse, !3uyer's performance. If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement
or until a jUdgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit same with the clerk 01 the circuit court. having jurisdiction
of the dispute. Upon notifying ail parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply witli provision$ 'of Chapter 475; F,S. (1989), as amended. Any suit between Buyer and Seller wherein Agent
IS made a party because of acting as Agent hereunder, or in any suit wherein Agent inlerpleads the subject maller of the escrow, Agent shall recover reasonable attorney's fees
and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded os court costs in favor of the prevailing party,
Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery. is due to willful breach
of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, sha!! include Seller, Buyer,
listing broker, Buyer's broker and any subagents to the listing broker Or Buyer's broker, shailbe entitled to recover reasonable attorney's fees and costs,
S. FAILURE OF PERFORMA,,!CE: If Buyer fails to perform this Contract within the time' specified,' including payment of alldeposit(s), the deposit(s) paid by Buyer and deposit(s)
agreed to be paid, may be retained by or for the account of.Seller as agreed upon IiquiO\lted damages, <:;onsideration (oLlhe execution of this Contract and in fuil settlement of any
claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract,; or, Seiler, ar Seller's, option, may proceed .in equity tQ enforce Seller's rights under this Contract.
If, lor any reason other than failure of Sell,erto make Seller's title marketable afler diligen.t:'effort, Seller Jails, neglects or refuses.to perform thiS Contract, the Buyer may seek specific
p~rrormance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting .from Sel1er's breach., .,' ,
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither .lhis Contract, nor any notice of it, shall be recorded ,in any public records,. This Contract shall bind and
inure to the benefit of the parties and their successors)n interest. Whenever the contey,t permits, singular shail include plural and one gender shall include all. Notice given by or
to .the allorney for any party shail be as effective as if given by or to that party,
U, CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or. guardian's deed, as appropriate (0 the status of Seller,
subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personaltyshail, at request of Buyer, be transferred by an absolute biilof sale with warranty
of title, subject only to such mallers as may be otherwise, provided for herein. '
V. 'OTHER AGREEMENTS:.No prior or present agreements or'representations shall be' binding upon Buyer or Seller unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRANTIES: Sel.leiwarrantslhat there are no facts k'tn to Seller materially affecting the value of the Real Pror.rty which are not readily observable by Buyer or which
nave not been disclosed to Buyer. , , ' , 'TJ
. - .... ,", . .-
COl'vriCJhl 1():)'
'h" Florida R,o, e'ncj Thl) ~Ioridil !\'iso";'1Iion 01 REALTORS
MIS 11099)
-r-'u.S. DEPARTMENT OF HOUSING AND URB N DEVELOPMENT '---' B. TYP( OF LOAN
,
1.0FHA 2. 0 FMHA 3 0 CONV, UNINS,
',' 4. OVA 5, 0 CONV, INS,
6 FILE 17. LOAN
NUMBER 91060039 NUMBER
8. MORTG. INS. CASE NO.
C. NOTE: This form is furnished to 9ive you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown. Items marked
("p.o.c,") were paid outsi e the closing: they are shown here for information purposes and are not included in the totals,
D. NAME OF BORROWER: CITY OF CLEARWATER, FIDRIDA
ADDRESS:
E. NAME OF SELLER: KENNETH L. WALKER and DEBRA L. WALKER
ADDRESS: SElLER TIN:
F. NAME OF LENDER:
CASH TRANSACTION
ADDRESS:
G. PROPERTY LOCATION: LDT 20, MAC DIXSON SUBDIVISION, 1ST ADDITION
a/ka/ VACANT LAND (GOUID STREET')
H. SETTLEMENT AGENT: STEWART TITLE COMPANY OF CLEARWATER, INC. SETTLEMENT AGENT TIN: 59-1433918
ADDRESS: 1290 COURT STREET
'1 F'L 1461n
PLACE OF SETTLEMENT: STEWART TITLE COMPANY OF CLEARWATER, INC. I. SETTLEMENT DATE:
ADDRESS: 1290 COURT STREET' JULY 11, 1991
rr F'T, 14hlh 192nd DAY OF YEAR
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400 GROSS AMOUNT OUE TO SELLER:
101. Conlract sales pri~e 45 500.00 401. Conlract sales price 45 500.00
102. Personal properly ~02. Personal property
103. Seltlement charges to borrow (line 1400) 6.00 403
104, 404
105 405.
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. Cltyltown taxes 10 406 City/lown laxes 10
107, Counly taxes 10 407. County la'es 10
108, Assessmenls to 408. Assessmenls to
109 10 409 10
110. to 410 to
111. ~1'.
112 412
120 GROSS AMOUNT DUE FROM BORROWER: 45,506.00 420. GROSS AMOUNT DUE TO SELLER:: 45,500.00
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 2 nnn nn 501, Excess deposit (see instructions)
202, Principal amount 01 new loanls) 502. Selllement charges to seller (line 1400) 4.439.50
203, Existing loan(s) laken 5ubjectlo 503 Existing loan(s) laken subJect 10
204. 504. Payoll 01 lirsl mOrlgage loan
205. 505. Payoll 01 second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City /town taxes to 510, Cltyltown taxes 10
211. County taxes to 51" County laxes 1/1/91 10 7/11/91 279.60
212, Assessments to 512, Assessments to
213, to 513. to
214, 514.
215, 515.
216, 516.
217 517
218, 518.
219, 519,
220, TOTAL PAID BY/FOR BORROWER: 2,000.00 520. TOTAL REDUCTION IN AMOUNT DUE SElLER:: 4,719.10
300. CASH AT SETTlEMENT FROM/TO BORROWER: 600. CASH AT SETTlEMENT TO/FROM SEllER:
301. Gross amount due from borrower (line 12U) 45,506.00 601. Gross amount due to seller (line 420) 45 500.00
302 Less amounts paid by Ifor borrower (line 220) 2,000.00 602. Less total reductions in amount due seller (line 520) 4 719.10
303. CASH ([)fROM) [~ORROWER: 43,506.00 603. CASH (rxTO)~) SElLER: 40,780.90
t
t
SUBSTITUTE FORM 1099 SEllER STATEMENT.The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being
furnished 10 the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS
determines that it has not been reported. '
SELLER INSTRUCTlON.lf this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax relurn; for other transactions,
complete the applicable parts of form 4797, Form 6252 and/or Schedule 0 (Form 1040).
, I ....
You are required by law to provide ,R ;,S
If you do not provide
unde;nallie of Re~certifY that
eller KENNETH L. WALKER/
with your correct taxpayer identification number.
with your correct taxpayer identification number, you may be subject to civil or criminal penalties,
n b Show~n~n th.i st1em. ent ~~orrect taxpayer identification number,
1. ~ / , !/l 4-fc/C^-
RA L. WAL ER
.. I- I
M/B LDI I PAGE 2 OF OMB No. 2502-0265
.. . . PAID FROM PAID FROM
L. SETTLEMENT CHARGES BORROWER'S SELlER'S
, FUNDS FUNDS
100. TOTAL SALES/BROKER'S COMMISSION Based on price S 45,500.00 @ 8 %= 3,640.00 A T SETTlEMENT AT SETTlEMENT
~ivision of commission (Ime 100) as tollows: ,-....--- ---,._--,--,--
---., ,-,---,~---, ----- ..
_,~~.~,$___l",390-.,D'O. _.-.._--------. _,to",____E,::MARK.PROPERTIES,-..INC-,----,- '___ -----_._----_._.~_._.._- .- _._-------~-----._-
~~".250. 00 10 .JBR..QF~TER. INc...
703, CommIssion paid at selllemenl 1 F,4n.oo
704,
800. ITEMS PAYABLE IN CONNECTION WITH LOAN,
801. Loan Originalion fee %
802, Loan Discount %
803. Appraisal Fee to
804, Credit Report to
805, Lender's inspection fee
806, Mortgage Insurance application tee to
807. Assumption Fee
808.
809,
810
811
9OO.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901, Inlerest from to @$ /day
902, Mortgage insurance premium for mo to
903. Hazard insurance premium for yrs, to
904, yrs, to
905.
1000 RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance mO@$ ..' ...... '.:' '.
per mo .' ,
1002 Mortgage Insurance mO.@$ per mo ',., .
1003, City property taxes mo@$ per mo, Ii. ,.' ' ,"
1004, County property taxes mo@$ per mo, ' . ....
'.
1005, Annual assessments (Main!.) mo. @$ per mo '.' ' .. . ., .'
1006. mo @$ per mo, '< . .... '.:. .'
1007. mo @S per,mo, I. :." :;'.i" ..' '.' '..
1008. mo@$ per mo .......: ., .... , .
.............>:................... :,.'
1100. TITlE CHARGES:
1101, Setllement or closing fee to
1102, Abslract or tille search to STC 100.00
1103. Tille examination to
1104, Tille insurance binder to
1105, Document preparation 10
1106, Notary fees 10
1107. Ailorney's fees to 10
(includes above ilems No :Y',T .'.: :. ,-
1108, Tille insurance (1101) to STEWART TITLE COMPANY OF CLEARWATER, INC 395.00
(includes above items No" -.... ~~
1109, Lender's coverage $ C;:.~,
1110, Owner's coverage $ 45,500.00 1-':. .
1111.
1112,
1113.
1200.GOVERNMENT RECORDING AND TRANSFER CHARGES
1201, Recording fees: Deed $ 6.00 Mortgage S Releases $ F"nn
1202, City/county tax/stamps: Deed $ Mortgage $
1203, State tax Istamps: Deed $ 273.00 Mortgage $ 273.00
1204, RE-RECORD WARRANTY DEED 6.00
1205. RECORD CONTINUOUS MARRIAGE AFFIDAVIT & MARRIAGE CERTIFICATE 10.50
1206. RECORD AFFIDAVIT FOR DEBRA 10.00
1300. ADDITIONAL SETTlEMENT CHARGES
1301. Survey to EVANS LAND SURVEYING roc
1302. Pest inspection to
1303, CITY OF CLFARWATER/LIEN SEARCH 5.00
1304.
1305,
1400. TOT AL SETTLEMENT CHARGES ( entered on lines 103, SectIon J and 502, Section K) 6-:D0 4 439 50
CERTIFICATION: 'haveCrlr~ ~andtoa:t:'1J1edgeandbeliel,'t'satrueandaccuri?;mento7;(j7~smadeo7iI7inthistr7/'~
thatlhaverecelved~CopyO 'A1,S e en. [!04#. ~ t "'/7 1/
:tor: crn: VI' PI. YIJ jJ:{J.DA I I L. WALKER A v Y A /{ 4... /- v
Borrowers V Sellers I 11,( K1,l A . WA ,KI'H
Ameri.can Land Title Association Commitment - 1966
'I . "."
'''=' "='.""='===C='."=o-~='===='==~=='=-='=='==='=='==~~'=I=.=.==="===.=======,.====,=.===,===.===~
COMMITMENT FOR TITLE INSURANCE 91060039 Ii
ISSUED BY Ii
II
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:
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STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective only wh~~i~.?ejdentity of the proposed Insured and the
amount of the policy or policies committed forhay~.?~en inserted in Schedule A hereof by the
Company, either at the time of the issuance of thi~,G9mrnitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it
bears an authorized Countersignature.
IN WITNESS WHEREOF, StewartJi~I!3(1uaranty Company has caused its corporate name and
seal to be hereunto affixed by its duly Bl;ltJiorized officers on the date shown in Schedule A.
STEWART TITLE
~~ '-hr~
Chairman of the Board
co'Z~/~
Auth~orized Signatory
Company
City. State
GUARANTY COMPANY
e1~$~
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It:-~.'''. ..;~
(i:.~+"'()9.PO'4~\"J.
u.I:'-o: -*- <<a:
'ft.";.... 1 9 0 8 J.{]
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President
Serial No. C. 9912. 7 6 2 4 5 2
005N Rev. 3/78
-------_._._--_._----_._--------~
------.-------- ----- ----. ---
I
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SCHEDULE A
Commitment No.
Effective Date of Commitment:
C-9Q12'-762452
Your No.:
Ju __.2.1. 1991 at 5:00 P,I\"l.
9106()()'J,9
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
(a) Dr AL T A Owner's Policy
$
4':.), ':>00, DO
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:
KENNETH L. WALKER and DEBRA L. WALKER
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION according to
the Plat thereof, as recorded in Plat Book 5, Page 96 of the
Public Records of PINELLAS County, Florida.
Page 2
of 4
STEWART TITI~E
2552
GUARANTY COMPANY
I
SCHEDULE B
t
ORUE:F NO:
91060039
C'.~C) 91:2,,/ G 2 41:,/
Commitment Number:
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for
record. Valid photo identification (ie: Driver's License, Passport) and
social security numbers required of all parties to the'
transaction by the Insuror.
Re-record Warranty Deed from DANIAL E. DISCO and NATALIE 0,
Drsco to KENNETH L. WALKER and DEBRA L. WALKER in the Public
Records of Pinellas County, Florida to show marital status of
the Grantors.
Continued on next paqe
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:
II.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
(f) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities,
to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any.
3. Special Exceptions:
(a) Taxes. Subject to Taxes f or the year 1991 and subsequent yuars ,\lirh
are not yet due and payable. Parcel No. 15/29/15/21690/000/0200
Gross Tax for the year 1990, $418.54.
n
4. Subject to facts of survey by EVANS LAND SURVEYING, dated June
19, 1991 showing adjacent single story frame house from Lot 21
encroaching 0.7' on the westerly boundary.
2153
Page 3
of 4
S'I'E,\VAH.'I'TITLE
GUARA:'>TY CO!\lPASY
I
l
CONTINUATION SHEET
Order Number:
SCHEDULE _
B
Commitment Number:
91060039
C-9912-762452
SCHEDULE B - PART I CONTINUED
Continuous Marriage Affidavit from KENNETH L, WALKER and DEBRA
L. WALKER to be recorded in the Public Records of Pinellas
County, Florida along with a certified copy of their Marriage
Certificate.
- Proper disposition of Welfare Lien against DEBRA WALKER, filed
March 16, 1976 in O.R. Book 4388, Page 1838 of the Public
Records of Pinellas County, Florida.
. Proper dispositon of Claim of Lien against KENNETH LEE WALKER,
filed November 15, 1976 in O.R. Book 4478, Page 247 of the
Public Records of Pinellas County, Florida.
-Proper dispostion of Judgment for Attorney Fees from STATS OF
FLORIDA against KENNETH LEE WALKER, filed August 29, 1980 in
O.R. Book 5068, Page 1059 of the Public Records of Pinellas
County, Florida.
-Proper disposition of Notice of Lien from STATE OF FLORIDA
against KENNETH LEE WALKER, filed July J9, 1983 in O.R. Book
5567, Page 933 of the Public Records of Pinellas County,
Florida.
'Proper disposition of Judgment for Attorney Fees from STATE OF
FLORIDA against DEBRA WALKER, filed April 6, 1984 in O.R. Book
5734, Page 256 of the Public Records of Pinellas County,
Florida.
-Proper dispostion of Certified Judgment from THE GARDENS
CONDOMINIUM ASSOCIATION, INC., against KEN WALKER filed March
15, 1990 in O.R. Book 7235, Page 1454 of the Public Records of
Pinellas County, Florida.
Warranty Deed to be executed from KENNETH L. WALKER and DEBRA L.
WALKER, his wife to CITY OF CLEARWATER, FLORIDA.
Page_ 4 of 4
STEWART TITLE
0055
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 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 I nsured and such parties included under the definition of I nsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed I nsured may have or
may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STE"W"ART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BE R which appears on the bottom of the front of the first page of this commitment.
; t;.~ ~~AR~g FOR: cny of clEA~wATe:.fZ I SEC. .!2.... TWP. 205 RGE. 15E..
S/E.VJAI?T IITLE. of CLEA~ATER. IJ.JG .
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eM:. CoNeRE-IE.. MONUMENT fOUJ'olD
A SURVEY OF LOT 20 4 fl~ST ADorfloN To MAC-PD<'SONS
~{)BD''''.s ION
M RECORDED IN PLAT BOOK ~ , PAGE 6b , OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA
"ZONE,., C I rE,~ c',y of a.EArcwATE~ PAI--'E.L- 15 ((.,-0'- 63)
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE.
DATE: ft,- 19- 91
EVANS LAND SURVEYING
(~
2.."300 MAIN STREET - UNIT H
DUNEDIN, FLORIDA 34698 PH: 734 - 3821
OWN, BY: Lf.
INV. NO.; 91-319
~out-JOA.t<- Y 5ul~:""ey ON l..'(
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,'<o,,'-t;ll of (.'O,,(U,'"
RONALD (RON) E. SOMERS
President
srl'EW AI~'" rrrrLE
OF CLEARWATER
P.O. Box 2756
Clearwater, Florida 34617
(813) 441-2689
1290 Court Street
Clearwater, Florida 34616
AUTHORIZATION AND ACKNOWl.E[X;EMENT FORM
Reference:
FILE NO.
91060039
LEGAL
LOT 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION
SELLER
KENNErH L. WALKER and DEBRA L. WALKER
BUYER
CITY OF CLEARWATER, FlDRIDA
We hereby approve and acknowledge receipt of a copy of the Statement and actual
cost (DISCLOSURE!SEITLEMEN'l' STATEMENT - BUD FORM 1) and authorized disbursement
of funds as shown therein this 11 day of JULY , 19 91. We further
acknowledge that we understand utility bills are not included in this statement
and that the proration of taxes as shown in the statement of actual cost is
based on the latest 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 amount on which to base a proration. Any proration necessary
when tax bills become available will be handled between the parties to this
transaction, outside of Stewart Title Company Company of Clearwater, Inc.
Stewart Title Company of Clearwater, Inc., will be not held responsible.
()~~ j~
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KENNETH L. WALKER
/ 5/5 /)/, m/~ 5 o{J f' J. A-v-e
CITY OF CLEARWATER, FLORIDA
~~~~
BUYER'S FORWARDING ADDRESS:
~(S~
DEBRA L. WALKER
SELLER'S FORWARDING ADDRESS:
/
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Ha1E PHONE# / I/~/ - :3 53;:?,
IDRK PHONE# / L/J./7- / / ?2.
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WORK PHONE#
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THIS IS TO FURTHER AumORIZE
CHANGES NECESSARY TO '!HE CLOSING STATEMENT.
TO APPROVE ANY
STE.WARr TITLE c;a.wANY OF CLEARWATER, INC.
a/l;;(7iwJ ;{: /)/ff/1<//1'd<1
lo 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
KENNETH L. WALKER and DEBRA L. WALKER
Seller or Owner-Borrower
LOT 20, FIRST ADDITION TO MAC DIXSON'S SlJBDIVISION
Contractor (if new construction)
CITY OF CLEARWATER, FLORIDA
Purchaser
personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction
that to my knowledge there are:
1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY Approximate Amount
y, //1, V i&' ;/'0.
.
2. No loans of any kind on said property except the following: (If none, so state.)
NAME AND ADDRESS OF CREDITOR
Approximate Amount
_ J I.(l,~ f)(/~.
/'"
3. AU labor and material used in the construction of improvements or repairs on the above described property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been fully paid and satisfied, except: (If none, so state.)
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS Approximate Amount
LIlt, ut tV .xlv;
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
I\JOk&. Al--
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
jo~ -4-
6. I, the undersigned owner, further certify th~.t the real estate and personal property above described are in the
actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons,
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession.
The improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNITY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND
TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL
AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS
AND AITORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIQNED
LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME,
KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
11
JULY
,19~.
day of
/'
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:7dvG
FLORIDA
My Commission Expires:
Rev. 1/88
NOTE: This rorlft is to be li...ed by seller in case or ..Ie, Ir no ..... it is to be liJned by the owner.borro_r, Ir the", is any new conltruction. the contractor mUlt allO join in this rorlft
or sian . wpArale one.
I 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 10 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:
91060039
Taxpayer ID Number: Seller 1 ~ 't 9-t1ti . 5;; (){I
Seller 2
-/:2&&-11 .-30) J
Taxpayer ID Type:
2
Jl = business, 2 = individual)
SELLER 1 NAME:
Last:
WALKER
First & Middle:
KENNETH L.
SELLER 2 NAME:
Last:
WALKER
First & Middle:
DEBRA L.
MAILING ADDRESS (as of January 31 of next year)
SELLER 1:
Street: &5 7J. /J1J~.so VR./ /ft-c'
City: /f?/I.r71?e.IA.Jrr1b71... State: Fl.
Zip Code: .3 L) (0 ;,:;-
SELLER 2:
Street:
City:
State:
Zip Code:
TRANSACTION INFORMATION
Closing Date (MMDDYY):
JULY 11, 1991
45,500.00
Contract Sales Price: Seller 1 -
Seller 2 -
(If multiple sellers please allocate the sales price among the sellers)
Description of Property:
Street Address:
VACANT LAND
Legal Description:
LOT 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION
Under penalties of perjury, I,
KENNETH L. WALKER and DEBRA L. WALKER
(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.
Seller - 1 s~gnature: /~V~d~/__
Seller - 2 Slgnature: /' ~M~ ~~
DEBRA L. WALKER
CLOSING AGENT INFORMATION (to be completed by closing agent)
Date: /'
7-/1 -91
7-)1-<'91
Date: "
"
Name:
STEWART TITLE CQVIPANY OF CLEARWATER, INC.
Mailing Address:
1290 COURT STREET
City:
CLEARWATER
Zip Code:
34616
FL
State:
Taxpayer ID Number:
59-1433918
.--....-
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NON-FOlmlGN CEH'l'H'ICNl'ION BY INIJIVJDUl\L 'l'Rl\NSF'EltOR
1.
Section 1445 of: tile Internal Hevenue Crx]e provides that a trdnsferee uf a United
States real property interest must withhold tax if the transf~ror is [j foreign person.
2.
In order to inform Lhe Lransferee that withholding of tax is noL required upon Lhe
dis[x)siUon by KENNEI'H L. WALKER and DEBRA L. WALKER
of Lhe United States reill property described as follows:
LOT 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION
the undersigned transferor certifies and declares by means of this certification, the
following:
(a) I (We) am (are) not non-resident alien(s) for purposes of United States income
taxa lion aml,
(b) My Unilr:d SLates taypaper identifying
NN11~
KENNEI'H L. WALKER
DEBRA L. WALKER
number(s) (Social Security NLUnber)
SOCIl\TJ SF.cUIU'l'Y NUl'mIm
U / ~ 9 9 . . LI 6' , 5;;2 0 ()
it /c2(gt; - J J~ JOI/
It
it
is/are:
(c) ~1y 110me mklress is
(attached additional page if necessary)
(d) There are no oLher. persons who have an ownership interest in the above-descd.lX!d
property oth8r Lhan those persons set forth nbove in subparagraph (b).
3. '.ll1e undersigned hereby further certifies and declares:
(a) I (We) understand that the purchaser of the above described propet"ty intends
to rely on the foregoing representations in connection with the United States
Foreign Investment in Heal ProperLy 'lux l\ct. (94 Statute 2602 as amended).
(b) 1 (Wt1) uncle rs Lnll(] Lhis certification "BY 1~ disclosed to the Internal Hevenue
Service by transferee and that any false statement contained in this certification
Ill<.lY be p'lIlished by nile, imprisolllllcmt or lDtll.
Under penalties of perjury I (we) declare I (we) have examined carefully this certi-
fication and it is true, correct and complete.
Date
JULY 11, 1991
PINELLAS
FlDRIDA
at
County,
/' ;! 'UPJ/~wwL
/~-J: d-WAUffi/ L~.
EBRA L. WALKER
('1'11i document must be retained Wltil the end of the fifth taxable year following the}
taxable year in which the transfer takes place).
CONSUJJl' YOUR l\'!'roRNEY l\Nn/On. 'l'l\X 1\DVlSOn. - NO REPHESE.'NT1\TION on RECOMMENDl\TION IS Ml\DE BY
S'l'EW1\Rl' 'lTl'LE INSlml\NCE C()\1Pl\NY l\ND/On. CONCERNING TIlE
LEGl\lJ SUl;'l~JCIENCY 1\ND/OH 'J'1\X CONSQUENCES Ol~ 'nlls OOCU[\11~N'l'. yOU M1\Y I3E REQUlREJJ '1'0 PILE
1\ COpy or TIllS rxx:tJMI;;N'l' WJ TIJ '1'1II~ IN'l'ERNl\T, mWI!.:NlJI~ SI~HVICE. 'n mSE l\RE QUES'l'lONS Fon YOun
l\'l'l'OHNEY em TAX 1\UVISOH.
STl\TE OF
COUNTY OF
FlDRIDA
PINEILAS
I I1EREBY C~-;H'l'H"Y that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowlec1gments, personally <'ppeared
KENNEIH L. WALKER and DEBRA L. WALKER
to me ImOMl to be the persons described in and who executed the foregoing instrument
and they acknowledged befor~ me that they executed the same.
11
WITNESS my hand and official seal in the County and State last aforesaid this day
of JULY , 19 91 .
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,I...,rrnf'/i/l /If (.'nnll0rl
RONALD (RON) E, SOMERS
President
1290 Court Street
Clearwater, Florida 34616
STEW A ll'I' 'I'rI'LE
or: CLEARWATER
P.O. Box 2756
Clearwater. Florida 34617
(B13) 441,2689
D I S C LOS U R E
We, the Owners of that certain real property located at
LOT 20, FIRST ADDITION TO MAC DIXSON'S SUBDIVISION
Pinellas County, Florida, do hereby disclose the following facts
known to me which may materially affect the value or desirability
of said property.
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially effect the value or
desirability of said property, except as set forth above. I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer.
/j(~~L
KENNETH L. WALKER
/~~~ :/~
~~ ~ '
'. .. .if/c,;( ... . ~~
1tness
DEBRA L. WALKER
STATE OF
COUNTY OF
FLORIDA
PINEILAS
SWORN TO AND SUBSCRIBED BEFORE ME THIS
JULY 19 91 .
11
DAY OF
My Commission Expires:
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~ N~tary Public
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91060039
A F F IDA V I T
STATE OF
COUNTY OF
Florida
Pinellas
BEFORE ME, the undersigned authority duly authorized to administer
oaths and take acknowledgments, personally appeared:
KENNETH L. WALKER AND DEBRA L. WALKER
, who
after being duly sworn, deposes, and says:
,/,
1. That they have been continuously married since fJJA-1 ~ /CJ7;j!:.*.
FURTHER AFFIANT SAYETH NAUGHT. ** AS SHOWN ON ATTACHED MARRIAGE CERTIFICATE
iJD
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~ L. WAlliffi
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D RA L. WALKER
STATE OF
FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was sworn to and subscribed and acknowledged before me
this 11th day of July, 18&x by
1991
Witness my hand and offi~al seal.
My Conmission Expires:V Lf'~4,r~
)If~
/0f~/J~
/. otary Public
Tb!~ Instrumtnt wt'~ !'rl:r~1r~<I !):;:_
__ \.. . ... .~., I\.' ~ Ti t')
STEWART TilLE 01" 0..1,;; .'.. .,'.
By: _lUKF.T ,T , .L-SX.-.GERMMN
1293 CO\ill Strc ~J
Clcrmnler. FL 34.:.10
P.O. nox 21:,6
CICluwllter, FL 3-i!in
Which Instrument W:lSpfCV:U~'.! ill~i~~nt:I1
to writing of Il Title Insufal'lc2 Il.;lf,Y,
91060039
,
/\I.;'liIDAVIT
I
STATE 0[1' FLDRIDA
(DUNIY OF
PINELLAS
On this day before me, an officer duly qualified to take acknowledgements and
administer oaths, personally appeared DEBRA L. WALKER
_, who after being first duly sworn deposes and states that:
(S)he is not the same DEBRA WALKER who appears in that c~~10F FLORIDA
j_~mxstyled as PINELLAS COUN1Y, A POLITICAL SUBDIVISION OF THE vs.
FARE LIEN DF.RRA WALKER dated February 9 1976 and filed
in O.R. Book 4388 , page 1838 , Public Records of Pinelias County, Florida.
(S)he is not the same DEBRA WALKER
judgement/lien styled as STATE OF FLORIDA
DEBRA WALKER da ted March 19, 19~4 and filed
in O.R. Book 5734 , page 256 Public Records of Pinellas County, Florida.
who appears in that certain
vs.
(S)he is not the same
j l1dgem(-~n t/lien styled as
i,lJ O.R. 1300k
, page
who appears in that certain
vs.
dated and filed
Public Records of Pinellas County, Florida.
who appears 1n that certain
vs.
dated and filed
Public Records of Pinellas County, Florida.
who appears in that certain
VS.
dated and filed
Public Records of Pinellas County, Florida.
(S)he is not the same
judgement/lien styled as
-in O. R. Book
, page
(S)he is not the same
judgement/lien styled as
Tn o. R-. Book ___, page
'1.hat in fact his/her social security number is:
'Il\3t she/he never resided at the property aqdresses shown on said judgements/
liens as follows: 526 15th ST. NO. , ST. PEI'ERSBURG, FL.
That said affidavit is being executed for the express purposes of inducing STEWART
TI'fLE COMPANY OF CLEARWATER, INC. and STEWART TITLE GUARANfY to issue title insur-
ance on the property described as:
Furt1er Affiant sa eth not
STATE OF FLDRIDA
COUNTY OF PINELLAS
~AFFI(){~!~
I herel)y certify that on this day before me an officer duly authorized in the
state and county aforesaid to take acknowledgements personally appeared
DEBRA L. WALKER
to me known to be the person(s) described in and who executed the foregoing
ins trument and who .acknowledged before me that SHE executed the ,same.
Witness my hand and oIficial seal this
19 91 . -.
~d2JM ;;( Cf/~dL~~__
NOltRY / .,.
MY COI'1MISSION EXPIRES: /' q 'd.c/'-:9~
lltklay of __ July,
..
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~==::y 0; CtJlllrcu::
-'
S'~'~WART TITLE
RONALD (Ron) E. SOMERS
Presioent
1290 Court Street "
P.O. Sox 27S6
Clearwater, Florioa 33517
(813) 441-2589
DAlm July 11, 1991
INDEMNIFICAnON
RELc..~'=E .lOO) ~
CITY OF CLEARWATER, FLORIDA
he=-eir..a:ftsr refe==ed to as Purchase::' (s) makes this Inde!nni:E.ication, Rele=...se ar..d
.:r..c..'c:1cwledc;ment to ~ TI'lU: C!:MP_~ OF ~'{, me., SI'EWA..~ TITLE GL"AR?..N:'Y
ar.d nla , in order'to induce S'l'EW;..RT 1:1.'1'1 ,;::' CCMP.~'\j~
OF c::r..E]l~~, me. to insure and close t..~e ~:r..sac---ion on t:'1e follcw~"g des(._:::ibed
real prcpe::.-:y, to-w"it:
LotZO of FIRST ADDITION TO MAC DIXSON'S SUBDIVISION,- accordi~g to the
.plat thereof, as recorded in Plat Book 5, Page 86 of the PubllC Records
Pinellas County, Florida.
P.-1--:::hase::- ( 5) hereby ac.1mcwledges t..""le follow:! ng to be t::ue 2nd corr~:
Survey by EVANS LAND SURVEYING, dated June 19~ 1991 ~how adjacent
single story frame house from Lot 21 encroach1Ilg 0.7 on the westerly
boundary
If said e.TlC::'Oac."mle..."1t is ever requL-edto be IIOved or re!IX:l~ed end f'~,-,""er t:-J.2.t t..'-1e
IDOV::::'"lg or rerova.l of same wi" be Cone p..~Uy up::n request and c0lIlp1etely at. t..'1e
e."q;::er'..se or 't..'1e unde..-...-gigned, 2nd furt.."ler ~...s to =el<=se, absolve, ir.denni.fI 2I".d
hole STSWAR!' 'l.'1."'! ,7 c::::r1PANY OF ~!-L'{, INC., ST:SWART 'l.'1."" ,7 GUARANl'Y and
n /,q haImless f:=-:m any ,; ;:01-1; 1; ty whatsoever as to t.'-1e !IE.1:~e!:'s
and t:..'-1.i.'lgs he-~ set fort..'1.. Tn2.t this Tl"lfiPmn; f.; ~tion, Release a..TJd Ac.1.;:::Jcwleeg-
ment wc..s exec..rted by the undersigned i...""1 connec-..i.on with and ,!,J.Li.or to t=an.sfe= of title
to .... e al::ove des ~ pt"Ope-"'"'t:y.
BY:'
Sworn and subscribed before me this
11 th day of
July,
19 91
MY CCMMISSION EXPIRES: q.~ 0 9 ;,l
~ 7.
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