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C S M CORPORATION '" ~., '~~ Ir,' WARP<ANTY DEi,ED I ,~ ...\, I (~y , ,<'G ,this l:ttarranly !eed Made and executed the lath day of by C.S.M. CORP., a Florida corporation ~4 I. ~ 83 9 P~Gt:8:91 April A.D. 19 79 CITY OF CLEARWATER, a municipal corporation, organized and existing under the laws of hereinafter called the grantor, to the State of Florida, whosepostoffice address is 112 South Osceola Avenue Clearwater, FL 33515 hereinafter called the grantee: (Wherever used herein the terms "grantor"'and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) lfltitnessdh: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Pinellas County, Florida, viz: I' 1.,1::' ~ '!; -" :.! SEE ATTACHED EXHIBIT "A" L o . ~ ~ :--.3 &:'lOll o " Pl OIl" ~ -g.~ ~:to Ple~ ~ci~ E-<~"o z"':J-.r Pl<-:~~ ;:E':O<<"l ::> ~~ <t ~~<'I] ti;~.n..s z<:....lI. ;;; t~ 0"' ~l~j THIS DEED IS SUBJECT TO: 1. Taxes for the year 1979 and subsequent years. 2. Easements and restrictions of record. ~ll Chg 40 Rec '].00 41 St /Off.i:Jt1 42 Sur 1./0. /5 43 lot ~ Tot 'S~dSM-/ t_~ ._~ >- -I- -..'Z: h'>::J ":'0 ;;:0 :: ST.6:TEoFFLORIDAI (; 0 CUM:::' Nl!,R..Y.",;,> S T .\ M P I (:, X I DEPT.OF R!;VENUf t'~~"'i2,-\- I Lr.) ~ f~9. ~ APn '7'79 '!~~1ft.tW I 0 8. 8 0 i ::: '~s5-"__,__, ,':':~}~~~3;;/ ._,_,___..... .. ., O,.J.. "', r.; Jo-'i" ~ ;;e. ;_ ~ r. .0', ,I ~. _: _ ~f"', ~:) ~:~ 'IE \ ,..1 -.4 ....~-' '.. .- g' ~i~ ~r. ;: ~-. , :.. h ..... ~ - /!.? ~o.. _Jl_ -'z ~',_I:') -':::'0 ~u c..y) " : _\~~\ Df~W~f,*~c :: ,:,:: I ""2'79 b~) I~~~_~ 5)~: .. N " :& . .. ..... ... JDgtlhtr with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. ID Jlallt and tD IlDld, the same in fee simple forever. Rod the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whom- soever; and that said land is free of all encumbrances. In llCtUness llCthertDf the grantor has caused these presents to be executed in its name and under seal, and has hereto auth~,r;(~e.d" its. signature to be affixed on thedayar.#~ear first above written.,/,' . '., C'~S'M, . ,C0RP. ~',.,.',.'.,""'" t), :{.,.:;,.,,~,',"~'_ ,,'. ..., 7 , ",..,.", :.:.,..... .oj, , ' ,...,-.~. ;:::", _ / ~r ,,', Q'" 1. ,',,, '- BY/ 515=0- ~~iITUl;~~~~~~S' '1jt'l.lt '-tlJittiijJ'l.; Signed, sealed and delivered in the presence of: (5. fl ~. ~j;:iJ:JiiJii:~_== STATE OF COUNTY OF STAMPS The foregomg instrument was acknowl~dged before me. this lath l1ayof April ,19 7.9 ,by ROBERT J. CHINLUND, as PresiqeIl-tof C"S.M. CORP., a Florida corp9:r'ation.." \.\ f' /1 /. -(.?t~ I , ~/', ~~ -',... My Commission Expires: Jitf.. (ZJ-oj~" . 'Notal)' PuJ,l!l= '", ",:;', """"",., . 'J, ~-~(.)"" _f)} '",' "~- C:;./ ---.)". d.r,. - ..;.- - -,"';.. ~ /P 'l,; 30 ..(,)(> 1.)..-D30 (I) -;,.~ ~ C,' . "'--", '" ,., < . '" I t Q,R.l &39 PAGE 698 EXHIBIT "A" 01 7 <t=\ Il{ ~}\ \: . DESCRIPTION LOT 12 1)../ Vr,'j)i . \ \, . ~ \ \, '1,'" i \i' " , '\--1':,/ " A parcel of land lying in the SW ~ of Section 16, Township 28 SQuth, Range 16, East, Pinellas County, State of Florida and being more particularly described as follows: Commence at the Northeast Corner of the SW ~ of Said Section 16, Township 28, Range 16 East and run South 00 19' 13" East 1,330.39 feet to a point, then run North 890 32' 45" West a distance of 1,338.34 feet to the Northeast corner of SW ~ of SW ~ of said Sec- tion 16, thence run N 00 22' 44" W, a distance of 741.58 feet to a point; leaving said line, run N 890 30' 25" W, a distance of 100.01 feet to a point; thence run S 00 22' 44" E, a distance of 21.50 feet to the Point of Beginning: Thence continue along the previous course, a distance of 329.25 feet to a point: thence run N 870 38' 23" W, a distance of 250.29 feet to the P.C. of a curve; thence run northerly along the arc of a curve to the right, a distance of 16.76 feet to a P.R.C., said curve having a radius of 20.0 feet, a delta of 480 00' 46", a chord of 16.27 feet, bearing N 230 37' 39" E; thence run northerly along the arc of another curve segment to the left, a distance of 37.53 feet to a P.O.C., said curve segment having a radius of 47.27 feet, a delta of 450 29' 16", a chord of 36.55 feet, bearing N 240 53' 24" E: thence run N 390 5G' 19" E, a distance of 352.77 feet to the Point of Beginning, containing 1.000 acres more or less. ~~ r-~,""",,,,,~,",,--~~-L.........,",,,..,..,.....,",,,.,., ~ ~ ~ COMMITMENT ~ ~ ~ I ~ I: Lawyers' Title Guaranty Fund i It ~ It ~ i~ I It Qualified with and supervised by the Insurance Commissioner of Florida iliJ ~ ~ ~ i~: ORLANDO, FLORIDA I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I COMMITMENT TO INSURE OR GUARANTEE TITLE III i~ ~ It ~ It ~ I LAWYERS' TITLE GUARANTY FUND, a business trust, herein called The Fund, for a valuable III ~ consideration, hereby commits to issue its policy or policies of title insurance or guarantee of title, as I i~ ~ ~ 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; subject to the I ~ provisions of Schedules A and B and to the Conditions and Stipulations hereof. III i i I This Commitment shall be effective only when the identity of the proposed Insured and the amount of the I I policy or policies or guarantee committed for have been inserted in Schedule A hereof by The Fund, either III ~ at the time of the issuance of this Commitment or by subsequent endorsement. ~ , i I This Commitment is preliminary to the issuance of such policy or policies of title insurance or guarantee of ~ ~ ~ I title and all liability and obligations hereunder shall cease and terminate six months after the effective date I I hereof or when the policy or policies or guarantee committed for shall issue, whichever first occurs, provided I I that the failure to issue such policy or policies or guarantee is not the fault of The Fund. III ~ ~ ~ ~ I In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this Commitment to be signed and I ~ sealed in its name by its President and Executive Secretary, by direction of its Board of Trustees, to become I!!I I binding when countersigned by a member of The Fund. i I III ~ ~ I I ~ ~ I I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I Lawyers' Title Guaranty Fund li ~ ~ ~ ~ ~ i By ~ 8, /'___~A.. i ~ ~/'v~ ~ ~ Paul B. Comstock ~ ~ ~ ~ President and Executive Secretary ~ ~ ~ ~ ~ ~ ~ I I ~ ~ ~ ~ ~ ~ ~ ~ !i SERIAL III Iii ~ ~ ~ i C- Ng 92920 i ~ ~ ~ ~ ~ ~ ~ ~ ~~I~~~~~~~~~Il!I~~~~~~~~~~~~~~il!1~~~~~~~~il!1~~~~~J!JJj]il!::1!J:!!I:!!I~~~~~~~Il!I~~[gJ~~~~~~illIll!I~~~~~~l!!i[gJ~~~~~~~~~l1!D~ FUND Form C (Rev. 1/77) (10/77-FP 50M) -- -- I l' FUND COMMITMr;NT fiJ3RM SCHEDULE A t ~ Commitment No.: C-92920 EffectiveDate:March 28,1979 Member's File Reference: WR24 0 7 1. Policy or Policies or Guarantee to be issued: Proposed Amount of Insurance OWNER'S: $ 36,217.50 Proposed Insured: u. S. HOME CORPORATION, a Delaware corporation MORTGAGEE: $ Proposed Insured: 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: C. S. M. Corp., a Florida corporation 3. The land referred to in this commitment is described as follows: See Attached Exhibit "A" (Attorney or Firm of Attorneys) 3547 MEMBER NO. ISSUED BY Graham, Hodge, Larson & Hume, P.A. Suite 415 - 2400 West Bay Drive (Mailing Address) Larqo (City) , Florida 33540 (Zip) FUND Form C-SCH, A (Rev. 1/77) (11/77 BGH 180M) I i '. I ~ FUND COMMITMENT FORM , , SCHEDULE B Commitment No.: C-92920 I. The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and fIled for record: ",/ A<' Warranty Deed from C.S.M. Corp., a Florida corporation, to U. S. Home Corporation, a Delaware corporation. I Partial Release of that certain mortgage recorded in o. R. 4657, Page 929, of the Public Records of Pine11as County, Florida. v Partial Release of that certain mortgage recorded in o. R. 4657, Page 2029, of the Public Records of Pine11as County, Florida. II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Fund: 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. Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). 3. Zoning and restrictions imposed by governmental authority. 4. Title to any interest in personal property is neither guaranteed nor insured hereunder. 5. Unrecorded easements of rights, interests, or servitudes in the nature of easements, right of ways, and terminal facilities including those of a public utility or governmental agency. ~. ? . Corp. to Bank of Clearwater, February 1 ,. 57, pine11as County, Florida, being principal amount of $293,400.00. 8. Notice of Commencement filed June 27, 1978 in o. R. 4715, Page 451, of the Public Records of Pinellas County, Florida. FUND Form C-SCH. B (Rev. 1/77) (11/77 BGH 180M) J J i. I DESCRIPTION LOT 12 A parcel of land lying in the SW ~ of Section 16, Township 28 South, Range 16, East, Pinellas County, State of Florida and being more particularly described as follows: Commence at the Northeast Corner of the SW ~ of Said Section 16, Township 28, Range 16 East and run South 00 19' 13" East 1,330.39 feet to a point, then run North 890 32' 45" West a distance of 1,338.34 feet to the Northeast corner of SW ~ of SW ~ of said Sec- tion 16, thence run N 00' 22' 44" W, a distance of 741.58 feet to a point; leaving said line, run N 890 30' 25" W, a distance of 100.01 feet to a point; thence run S 00 221 44" E, a distance of 21.50 feet to the Point of Beginning: Thence continue along the previous course, a distance of 329.25 feet to a point; thence run N 870 38' 23" W, a distance of 250.29 feet to the P.C. of a curve; thence run northerly along the arc of a curve to the right, a distance of 16.76 feet to a P.R.C., said curve having a radius of 20.0 feet, a delta of 480 00' 46", a chord of 16.27 feet, bearing N 230 37' 39" E; thence run northerly along the arc of another curve segment to the left, a distance of 37.53 feet to a P.O.C., said curve segment having a radius of 47.27 feet, a delta of 45029' 16", a chord of 36.55 feet, bearing N 240 53' 24" E; thence run N 39~ 50' 19" E, a distance of 352.77 feet to the Point of Beginning, containing 1.000 acres more or less. ,~ 1 l ENDORSEMENT I ~ Lawyers' Title Guaranty Fund ORLANDO, FLORIDA Commitment Endorsement No. -1- to RQtixy No. : C-92920 Name of Original Insured: u. S. HOME CORPORATION, a Delaware corporation Original Effective Date: March 28, 1979 Original Amount of Insurance: $ 36, 217 . 50 Member's File Reference: WR240 7 The policy is hereby amended as follows: Amend the original insured to read: CITY OF CLEARWATER, a municipal corporation, organized and existing under the laws of the State of Florida. (Continue text of endorsement on separate continuation sheet if necessary.) but in all other respects remains unchanged. ROGER A. LARSON Name of Fund Member April 1-, 1979 Date 3547 Member No. Lawyers' Tille Guaranty Fund By I2af 8, ~ Paul B. Comstock President and Executive Secretary RAL:dlm FUND Form E (Rev. 1/77) (11 /77BGH 30M) ......0'.-. 1 fj'~' -,-- -" - - -:, .------ J, ' ' I "f .. '. , STANDARD EXCEPTIONS FOR OWNER'POUCY' AND OWNER GUARANTEE The owner policy or owner guarantee will be subject to the mortgage, if any, noted under item two of Section I of Schedule B hereof and to the following exceptions: (1) general taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not shown by the public records; (5) any lien, or right" to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 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 Fund in writing, The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent The Fund is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to The Fund, or if The Fund otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of The Fund under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Inscred in the form of policy or policies or guarantee 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 or guarantee committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies or guarantee 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 Insured may have or may bring against The Fund 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. ~I !!I[jj][jj][jj][jj][jj][jj][gJ[jj][gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJI!ID!][gJ[gJ[gJ[gJlj~ ~ ~ [jj] [jj] [jj] [jj] [gJ [jj] I COMMITMENT I [jj] [jj] [jj] [jj] [jj] m [jj] [gJ [jj] I INSURE or GUARANTEE I [jj] [gJ I TITLE I [gJ [jj] [jj] [jj] [gJ [gJ [gJ [jj] [gJ [jj] [jj] [jj] [gJ [jj] [gJ [jj] [gJ [jj] I ..a- ;1 Lawyers' Title ~ ~ ~ [jj] G F d [jj] I uaranty un I [jj] ~ [jj] I ORLANDO, FLORIDA · I [gJ [jj] [gJ [gJ [jj] II . [gJ "" [gJ [jj] [gJ [gJ [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] i [jj] [jj] '~ I [jj] ,I!l\ [jj] [jj] [jj] ,~ ~ [jj] [jj] , [jj] ~ I [jj]-' [jj] [jj]' [jj] [jj] I [jj] [jj] I [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] I [jj] ~ [jj] "" [jj] [jj] I ~ [jj] li [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] [jj] OFFICES AT 32 W. GORE STREET [jj] ~ ORLANDO, FLORIDA !1!! ~rl[gJ[gJ[jj][gJ[gJ[jj][gJ[gJ[gJ[gJ[gJ[gJ[gJ[gJ[jj][gJ[gJ[jj][gJ[jj][jj][jj][gJ[jj][jj][jj][gJ[g~ ::~,~ ". !- ^SSIGNMENT OF CON"rR^CT I I R^MCO rORM 201> Il\now au ~en 1l3l? ~bese ~teSents: That u. S. HOME CORPORATION, ...................-........................................................................ . A Delaware corporation '......,..'"",'.."., ..,... ,....... ..... ,.,......." ....'.,....,.......".""",.."""""..,..,...,.", '........ ,.,. ,..........,......"""...,..., ."",.. ,..""" ,pa rt '':f..,.........." h . ~. Other good and valuable consideration of t, e first part, In conSl eratlOn of the sum of ................ ..,.........,...........,...................................,..............,...,....",..."...... and Ten ($10.00) ------------------ ...........,'.'. ....................,........,.......,......,......".....,."",..,.,.,....,.".,.... .......".......,.,....,..,...................................................... Do ii a r s, , , . lawful money of the United States, to ......it................in hand paid by ..,,~,:r:rx....9.f.....~b~~gw.~?;.~.~.L......... Florida , t .... .,.........,. ", '" ......... .... ..... ... ,..., .................... ...... ..... ,'... ....... ....,... '" ,.. '... ...........,. .,., ".-..., ,...",."."." ,. ..,. ..... ,............., part.. ..... ..... . of the second part, at or before the ensealing and delivery of these presents, the receipt whereof l.l hereby acknowledged, ha..fi?.... granted, bargained, sold, "t1rsigned, transferred and set over and by these presents do.~S.... grant, bargain, sell, assign, transfer and set over unto the said part...Y..... of the second part a certain contract bearing date the.....,...}.~.~.~.....,.,..... day of .."...,'~,E::!?!.~~~X,................,......., in the year one thousand nine hundred ....$.~y~nt.Y.=.n.:hn~.....L!.~.7..~.2.....................................,........., as follows: ......,.......?~:t::~:~.~,~...~.:.~..:.~:.....~9..~g~!?:?;.~9.~.!..,.~, X,~,?!.,~.~,~...~?!.P.~E.~.~.~o!!:,~. Seller, and ..' ... .............................................. u. S. HOME CORPORATION, a Delaware corporation, Buyer, for ........................................................................-.................................. ............................................................................................................. the property known as Lot No. 12, The Hermitage, Clearwater, ...........4'............................................................................ ... ....... ...... ._. ........... ._.. .......... ......................... ......... .............. .... .... ... ~._...... ...... ....................... ... Florida, more particularly described therein, for the full .......................................................-.................................--........-..........-..;.................;.......................................................................... pur~hase price of $36,217.50, payable in caih, dl~sing 6n or' , .................................................................................-.....................................-..................................................................................-...-.. before March 31, 1979; copy of said contract being attached ...................................................................................................................................-.........-......-........................................................... hereto as Exhibit "A". ..............................................................~......-.............'..._".'...""'.'-'" .-. ..............-................"......-............................................................. ................-............................--...--...............................................................................................-...............................-.................................. U. S. Home Corporation by Leonard Seligman, Division Pres. 1In Witness Wbereof; ...........'.... have hereunto set,.................,..."..,.,......,hand........ and seaL,..,., the .A PC2. ,,_ .........,....................,.......day of.........,~......................,....,',."..."....."....,in the year one thousand nine hundred seventy-nine (1979) Signed sealed and delivered in presence of: -~..L~uuumuu J u. s. HO~R!'ORATION ,;./ , // ~ ~/. ~ :-' .~,' ,/ ~r .1' 7.- -:~tf!~~~;"u~m_.n: --...............-.....-..................................--..................................... .'0'.-.""... ......................................................0_ ......................... . ::T;&,d;?~,RIDA,~,_ Ch~ ei.:f:; ) 1:2.,c: " """ -} -- t>:" l.. ,<#i- ~ .....,'\f,lttinnlf. Forlll 1 ~ <!:nntrad\nr ~alr nf 1BraP iEntatr February 28, 19~ _ La"2'.er'_s__1'~ t}~II1stlra!l:c:e COI!lP,~"}I,__-------, as Agent, acknowledgEP_ receipt from U.S. HCME CORPORATION, a \De1awarecorporation,i f I _'------------ __ __,_____________'__ ,_, here na ter cal ed Buyer, of the sum of No _ - - '" - - - - .. .. - - - - - - - - - - - - - - - - .. - - - 0 . 00 , ,_.--______,__,_______,____n______._'_'_____ ($ as deposill on account of offer to purchase the properly OL..-G'LS.M. COBEDRATION,~~rida ) DOLLARS corporation, _,__ _un ,_..--hereinafter called Seller, said property being known as Lot No. 12, The Hennitage, Clearwater, Florida (see Exhibits 2 and 3 attached) -----_.,--------~------ upon the conditions and tenns as follows: 1. Full Purchase Price $~~lJ 7. SQ __~, payabl~ $~ZlL.5JL in cash, of which the above deposit shalt apply as part and shall be held by said Agent in escrow p'en,!ing cIOf;ing :of transaction, balance payable ,in the following manner: The entire purchase price will be paid at the time_QJ c10sinZ-'---__ .--.-...-- ..-----.---.-------- ------ --.. ------'------~------------_._----------- 2. Abstract of title,Oecertified to date shall be furnished by Seller ami delivered to the Buyer or his attorney for ex- amination of title within ,days after the full execution hereof, which said abstract shall be the property of the said Buyer after full payment of the aforesaid purchase price, or Seller at. his ol'tion shall purchase and deliver to Buyer title insurance policy on the real property covered hereunder in the amount of the full purchase price. In the event the title shall be proven to be unmerchantable, the Seller shall have a period oLlL_days after notifica- tionthereof within which to cure de feels in title, and this sale shall be closed within~5--days after notice of such curing to the Buyer or his attorney. Upon ScHer's failure to correct un merchantability within the time limit, the earnest money de- posit shall be returned to the Buyer upon demand, and all rights and liabilities arising hereunder shall terminate. Subject to the aforesaid curative period, this sale shall be closed on or before March 31, 1979 3. Seller agrees to Warranty contract is convey title to the aforesaid property to the Buyer Deed, free and clear of all encumbrances or liens. WQCm part of an Agreement dated December 20, 1978 (see Exhibit 4 attached). by_ This 4. The required documentary stamps shall be placed on the deed by Seller. The Buyer, shall properly execute any re- quired notes and mortgages and place the required stamps thereon. 5. All adjustments of taxes, insurance premiums, interest, assessments amI rents or other items on the said property are to be made on a prorata basis. as oL_~e---date of (", 0<; i ng . If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used in prorating taxes and assessments, due allowance being madc for homestead and other exemptions, if aHowed for either year____,____..u~,_._________ *There is no commiss,ion involved i.n this trans.:lctin.n. . . .. G. Tne'SelTer agrees to pay sal'I.t,\gerit a sum equarto._l'e_,_7, ortllc IM~nll.!;e price as commiSSIon, at the time of c1os, jug this transaction. If the Buyer fails to perform this contract within the time herein specified, time being of the essence of , this agreement, the deposit made by ,the Buyer shall be forfeited, and the amount of such deposit shall'be divided equally be, , tween the Agent and the SeHer, after paying out of such deposit any expense of the transaction incurred by either; provirled, however, that the amount received or retained by the Agent ~hall not exceed the fuIl amount of said commission, any excess to be paid the Selll'r. If the transaction shall not be closed because of refusal of the Seller to perfonn, then the SeIler shall pay said commission to the Agent on demand. Failure or refusal of wife or husband of Seller or Buyer to execute deed or mortgaJ;e required hereunder shaIl be deemed default on the part of such Seller or Buyer. 7. The Words "Agent", "Buyer", and "Seller" herein employe'! shall include their heirs, administrators, executors and successors, and said words, and any pronouns relative thereto, shall include the masculine, feminine and neuter gender, and the singular anrl plural numb('r, wberever the context so admits or requires. 8. This instrument shaH become effective as a contract when signed by the Agent, Buyer and Seller. If not signerl by all parties on or before March..2J2.7~ any moneys deposited shall be refunded and this' instrument shall be void. 9. No agreements, unless incorporated in this contract shall be binrling upon the Agent, Buyer, or Seller. 10. Intangible taxes on mortgages required by law shall be paid by Seller. 11. If the improvements are damaged by fire or other casualty hcfore the closing hereunder and can he restored to sub- stantially the same condition as now within a period of GO days thereafter, the SeHer .hall so restore the improvements and the closinJ.': date hereinabove set shall be extended accordingly, but if such restoration cannot be completed within that time this contract shall he declared cancelled. 12. Executed in triplicate. __on_..____.._ -,,______(SEAL) (Agent) , ji;f J.I~OF BUY'''' .JC)([,_~~_~.c_LL~-=-~'~:O~-,u, __ - '" HH_~ WITNESSES AS TO SIGNATUlmS OF SELLER: _da~_--L_.)ti~c---- , f: 7)~' _,_J~~){tUit~, ,~Lct~~(lL___ ------ 1711( I"ltmllli"/ll prrpilml by: . I : i,... II y_ ' ' -- __,un ___H ABOVE OFFER HEIlERY CONFIRMED: U.S._HCt1E CORP9RAT~ON~_ __ __ _(SF..;AL) ye Di 1sion 1Ce-(ll~~r)r~;~j Qj1t-_(SEAL) ACCEPTED AND APPROVED thiff~-t __,__'lc.,v (;f -z.'~~~~~o,"~, ",7";;:,' (f;.EAL) '--1 "'----." !i~~9q~~f,-(/,~~~_(S~AL) 'Y,~'~, /4~t<<J~' /.'f:'-"'7/. /f(( , U I ' , -' ,