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CITY OF CLEARWATER (3) ~~- '-.--- Record & Return, To: SOI\ml{S TiTLE COMPANY 1290 COURT STREET CLEARWATER, FL 33756 (727) 441-1088 ph. (727) 449-1359 fax inCidental to the issuance of a title insurance policy. Fi Ie Number: 06090023c Par~el ID #: 10/29/15/69138/002/0070 d \i, WARRANTY DEED (CORPORATE) This WARRANTY DEED, dated October :3 I7/:, .2006 by: Clearwater Neighborhood Housing Services, Inc., a Florida Corporation whose post office address is: 608 North Garden Avenue, Clearwater, FL 33755 hereinafter called the GRANTOR, to City of Clearwater, Florida, a Municipal Corporation whose post office address is: P.O. Box 4748 Clearwater, FL 33758 hereinafter called the GRANTEE: KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006404068 11/02/2006 at 04:27 PM OFF REC BK: 15458 PG: 352-353 DocType:DEED RECORDING: $18.50 o DOC STAMP: $280.00 (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: 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, Florida, viz: Parcel no. 10-29-15-69138-002-0070 Lot 7, Block 2, PINE CREST, together with that 1/2 of the vacated alley adjacent to the North, according to the map or plat thereof as recorded in Plat Book 1, Page 66, Public Records of Pinellas County, Florida. SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and ~ssessments for the year 2006 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, 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; that the GRANTOR hereby fully warrants the title to said land and \vill defend the same against the lawful claims of all persons \vhomsoever. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. Signature: Print Name: Signature: Print Name: State of Florida County of Pinellas THE FOREGOING INSTRUMENT was sworn and acknowledged before me on October.>/.12006 by: W. Pearl Johnson, Chairman of Clearwater Neighborhood Housing Services, Inc., a Florida Corporation on behalf of the corporation. He/She is personally known to me or who has produced as identification. Notary Seal Signature: ~~~~~.. Print Name: ,,\!.""'/ ,'*....y PfJ~:',_ Mary Ann Cole g: oW ';': ~;urnmlssion # DD309088 ~~<;:-~ ExpIres June 29, 2008 '"1,it~~" I:.nn~ '!'t'Qy F;.ID' l/IJolUNli.....1nc, 8004N.1P1~ '(Prinledm:Oct25,2006@10:20) A. US Depattment of Housing and Urban Development SETTLEMENT STATEMENT OMB No. 2502-0265 6. Fih Number: 06090023c 7. Loan Number: C. NOTE: This fmm is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent arc shown. Items marked 'POC' were paid outside the closing: they are shown here for information :1ses and ;'Ire not included in the total" D. NAME AND ADDRESS OF BORROWER: City of Clearwater, Florida, a Municipal Corporation P.O. Box 4748 Clearwater, FL 33758 E. NA:\1E AND ADDRESS OF SELLER: ~l~arwater Neighborhood Housing Services, Inc. 608 North Garden Avenue Clearwater, FL 33755 F. NAME AND ADDRESS OF LENDER: G.PROPERTY LOCATION: 912 Nicholson Street Clearwater, FL 33755 H. SETTLEMENT AGENT: SOMERS TITLE COMPANY 727-441-1088 Contact: MARIANNE SCHAFFER I. SETTLEMENT DATE: 10/30/2006 PLACE OF SETTLEMENT: 1290 COURT STREET CLEARWATER, FL 33756 DISBURSEMENT DATE: 10/30/2006 [hS1J\fMARY OF BORROWER(S) TRANSACTION 100 (~ROSS AMOUNT DUE FROM BORROWER: ] 0 I. ('ontract sales price 40,000.00 401. Contract sales price 40,000.00 -_. ] 02. Personal Property 402. Personal Propertv ---. 103. Settlement charges to borrower (line 1400) 403. -. 104. 404. -- 105. 405. _. ..fu~tments for items paid bv Seller in advance Adjustments for items naid bv Seller in advance 106. City/town taxes 406. City/town taxes -.-- J.2.?- County taxes 407. County taxes I 08. Assessments 408. Assessments -- 109. 409. 1]0. 410. 111. 411. 1]2. 412. -- 120. Gross Amount Due From Borrower 40,000.00 420. Gross Amount Due Seller 40,000.00 I K. SUMMARY OF SELLER(S) TRANSACTION 400. GROSS AMOUNT DUE TO SELLER : 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER 20 I. Deposit or earnest money 501. Excess deposit (see instructions) 1.Q~. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 778.50 ~~L}:xisting loan(s) taken subject to 503. Existing loan(s) taken subject to 2C4. 504. Pavoff of first mortgage loan -. 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 2006 RE Taxes 1,443.32 -- 2e8. 508. -- ~~. Exchange Value 40,000.00 509. Exchange Value 40,000.00 Adjustments for items unpaid by Seller in adyance Adjustments for items unpaid by Seller in advance 2] O. City/town taxes 510. City/town taxes 2] I. County taxes 511. County taxes .l!]. Assessments 512. Assessments 213. 513. -- 2]4. 514. -- .l!.5. 515. 216. 516. -- 217. 517. r~.L8 518. 2]9. 519. f---- ~~O. Total Paid Bv/For Borrower 40 000.00 520. Total Reduction Amount Due Seller 42 221.82 40,000.00 40,000.00 0.00 40,000.00 42,221.82 2221.82 SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401(or if 401 is asterisked, line 403 and 404) is important tax information and is being furnished to 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, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. Unjer penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.. (~"i"ted on c)~, 25, 2006 @ 10:20) US Dep<U1ment of Housing and Urban Development OMB No, 2502-0265 L. SETTLEMENT CHARGES 700, Total Sales/Broker's Commission based on price Paid from Paid from Borrower's Seller's 701. Listing Realtor Commission Funds at Funds at 702, Selling Realtor Commission Settlement Settlement 703. Commission paid at Settlement 704, 800. lTEMS P A V ABLE IN CONNECTION WITH LOAN ~ Loan Origination Fee 802. Lo,m Discount --- 803. Ap:Jraisal Fee 804. Credit Report SO:". LC!lder's Inspection Fee 806. Mortgage Application Fee ~- 900. ITEMS REQUIRED nVLENDER TO BE PAID IN ADVANCE ~!nterestffoln " 902. Mortgage Insurance Prell1ium for ~fIazard Insurance Premium for 904. ---- 90S. 1000, RESERVES DEPOSITED WITH LENDER J...QQ.!: Hazard insurance .!.Q02:....!\::Jortgage insurance 1003. City property taxes 1.Q04 County property taxes 1005.. Annual assessments -----. J..Q~)6~_ 1007. 1-- 1008. Al;gregate Accounting Adjustment 1100. TITLE CHARGES 1101, Settlement or closing fee To: STC 100,00 1102. Abstract or title search To: STC / A. Gatliff 100.00 1103. Title examination To: STC 50.00 1104. Title insurance binder ~_ Document preparation 1106. Attorney's Fees 1107,. FL Risk Rate (Includes above item numbers: ) 1108 Tille Insurance To: SOMERS TITLE COMPANY 230.00 (Jncludes above item numbers: ) 1109. Lender's coverage @ 1 I 10. Owner's coverage40,000.00 @ 230.00 1111 Jl.!l-- ] 113 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $18.50 Mortgage $0.00 Releases $0.00 To: Clerk of the Court 18.50 1202. City/county tax/stamps: Jl9l. State tax/stamps: Deed 5280.00 Mortgage $0.00 To: Clerk of the Court 280.00 ~. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES J.lQl, Survey ~,Pe,t inspection ~--, ~. 1305. 11400. Total Settlement Charp'es (enter on lines 103 Section J and 502 Section K) 0.00 778.50 , h,~ rom", m,'_ 'ho HUD-1 SoII"m,,' S.'m,"' "d " 'h, boo' " my ''''''''dg, "d _~ 1m, '!J" ,~,.. ""'='"' " ,II lOCO'P" "d d1,b,=""," m,d, '" my '=00' ~ by m, i, 'h', '.0"",,"_ 'fuOh" ~"" 'h," h", m~'''''' , wpy of HUD- 1 <<~."' S .m~ .. - C BORROWER(S): EL , :.: /{//':_ ,,!;(~, , City of Clearwater, Florida, a Municipal Corporation / ,"-~,-Y:t/ "" \/) / ' c7~..." by: W. Pead Johnson,'Chait'inan - Clearwater Neighborhood Housing Services, Inc. v The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this stateme~t ,." '"'" /;//f' ) ,. ~, ' _~-L- / / '/ . Ie _':J/~:'/t soxr~RS ~~<e~ANY Date' / // NOTE: . aXiJS ha - een prorated based on taxes for the year. Any re-proration will be handled between the buyer and seller. All utility bills (water, sewer, electric, cable and maintenance fees) have been paid or will be paid upon receipt of final bills. WARNII~G: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S, Code Section 1001 and Section 1010. I ~~-"---' I /- @ ..---..-..--..--.--......--.-----.--------.-...- .........-..--..---- -----.....--..-..--.-..-.-.-.-...------.---------.---.---....-............-.-.......-. . --- AMERICAN LAND TITLE ASSOCIA TION OWNER'S POLICY (10-17-92) POLICY NO. FL7881-51-06090023c-2006.7110609-72587005 Florida Modified OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TICOR TITLE INSURANCE COMPANY OF FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY OF FLORIDA, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, TICOR TITLE INSURANCE COMPANY OF FLORIDA has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to Iii become valid when countersigned by an authorized signatory. ISSUedBy?d TIooK Tl1l..E IN5~CE COMPA1'llY OF JILORlDA 7110609 OP-9 (5/05) ...:;i'Cac"' .~~'._"~' By: /~,{,,,'Q~:r.f.'f1~\. "$;<.1 (J>~~l ~r SEAL 101 ." ,-" ;~"---_ '. -"~J \'"" dh.fl,~"2~:;;.O i Alle '~~'j~~' It: ((~/Hj A(p~.-l_ Pre$idQnl FL7881 06090023c Somers Title Company 1290 Court Street Clearwater , FL 33756 Tel:(727) 441-1088 Fax:(727) 449-1359 S<<ret8ty AL TA Owner's Policy (10-17-92) Florida Modified EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, COSIS, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoni~g laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (iI) the character, dimensions or locatior of any improvement now or 'hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions 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 violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement 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. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 'hereof 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, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creatin:_ the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (iI) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained 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) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expanses 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 prosecute 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 ensured, 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 nereunder, 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 jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. In a:1 cases where this policy permits or requires the Company to prosecute or provide for defe1se 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 2ction or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to t'le 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 terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 1. DEFINITION OFTERMS 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 Company would have had against the named insured, those who succeed to the interest of 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 improvements 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. (0 "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United 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 'he 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 100g as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance 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 litigations as set forth in Section 4(a) 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 (ili) 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 extent of the prejudice. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company 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 possible, 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 terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. OWNER'S POLICY Schedule A State: FL County: Pinellas File Number 06090023c Policy Number 7110609-72587005 Effective Date November 2, 2006 Effective Time 4:27 PM Amount of Policy $40,000.00 Commitment #: Simultaneous #: Reinsurance #: 1. Name of Insured: City of Clearwater, Florida, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by, this policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land referred to herein is described as follows: Parcel no. 10-29-15-69138-002-0070 Lot 7, Block 2, PINE CREST, together with that 1/2 of the vacated alley adjacent to the North, according to the map or plat thereof as recorded in Plat Book 1, Page 66, Public Records of Pinellas County, Florida. Issued By: 7881* 06090023c SOMERS TITLE COMPANY 1290 COURT STREET CLEARWATER, FL 33756 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. OWNER'S POLICY Schedule B This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the Public Records. 4. 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. 5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2007, and thereafter and/or special assessments, if any, not recorded in the public records. **The following items, as listed above, are hereby deleted: 1 and 4 ** 8. Subject to Restrictions and Drainage/utility easement retained in Ordinance recorded May 23, 1996 in O.R. Book 9352, Page 294, Public Records of Pinellas County, Florida. Policy #: 7110609-72587005 2 File #: 06090023c Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. CONDITIONS AND STIPULATIONS - CONTINUED In addition, the Insured claimant may reasonably be required to submit to examination under 9. LIMITATION OF L1ABILTY oath by any authorized representative of the Company and shall produce for examiration, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, inspection and copying, at such reasonable times and places as may be designateid by any or cures the lack of a right of access to or from the land, or cures the claim of unmarketability authorized representative of the Company, all records, books, ledgers checks, correspondence of title, all as insured, in a reasonably diligent manner by any method, including litigation and and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain the completion of any appeals there from, it shall have fully performed its obligations with to the loss or damage. Further, if requested by any authorized representative of the Company, respect to that matter and shall not be liable for any loss or damage caused thereby. the insured claimant shall grant its permission, in writing, for any authorized representative of line (b) in the event of any litigation, including litigation by the Company or with the Company's Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and consent, the Company shall have no liability for loss or damage until there has been a final memoranda in the custody or control of a third party, which reasonably pertain to the loss or determination by a court of competent jurisdiction, and disposition of all appeals there from, damage. All information designated as confidential by the insured claimant. provided to the adverse to the title as insured. '~om:Jany pursuant to this Section shall not be disclosed to others unless, in the reasonable (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily . udgrnent of the Company, it is necessary in the administration of the claim. Failure of the insured assumed by the insured in settling any claim or suit without the prior written consent of the ;Iairrant to submit for examination under oath, produce other reasonably requested information Company lr gl ant permission to secure reasonably necessary information from third parties as required in his paragraph shall terminate any liability of the Company under this policy as to that claim. 3. OI)TIONS 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 Pavor Tender Pavment ofth~.Amount of Insurance. To payor tender payment of the amount of Insurance under this policy together with any costs, 3ttorneys' fees and expenses incurred by the insured claimant, which were authorized by the ~ompany, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability Dr ollligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pavor OthelWise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor othelWise settle with other parties for or in the name of an insured claimant any clair', insured against under this policy, together with any costs, attorneys' fees and expenses incu'Ted by the insured claimant which were authorized by the Company up to the time of payrlent and which the Company is obligated to pay: or (ii) to payor othelWise settle with the insured c1aimanlthe loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured c1airtant which were authorized by the Company up to the time of payment and which the Con Dany is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (il), ihe Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE rhis policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (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. (b) (This paragraph dealing with Coinsurance was removed from Ftorida policies.) :cl He Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these 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 parcels 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 othelWise 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. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insuran,;e 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 endorsement 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 <lfthe 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 Riqht of Subroqation. Whenever the Company shall have settled and paid a claim under this policy, 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 remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, 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 subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy. but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Companv's Riqhts Aqainst Non-ino'urecl Obliqors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which proVide for subrogation rights by reason of this policy. 14. ARBITRATION (This paragraph was modified for Florida PoliCies.) Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between Company and the insured arising out of or relating to this policy, and service of 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 pariies. The award may include attorneys' fees only if the laws of the state in which the land is located permit a couri to award attorneys' fees to a prevailing pariy. Judgment upon the award rendered by the Arbitrator(s) maybe entered in any couri having jurisdiction thereof. CONDITIONS AND STIPULATIONS CONTINUED The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. (~) No amendment of or endorsement to this policy can be made except by. a writing eno'oro'Jd' hel80n or attached hereto signed by either the President, Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT 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. (a) This policy together with all endorsements, if any, attached hereto by the Com pan X is the entire policy and contract between the Insured and the Company. In Interpreting any provIsion of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Ticor Title Insurance Company of Florida, Claims Administration, P.O. Box 45023, Jacksonville, FL 32232-5023. Telephone: (877) 862-9111. 0 --1 0 z-l ~. 0> .j::o,. -i ~ (1)- 3 C/) <0 r cO C/) W Z -[;')> (I) CD (j) ::I: m ~~O :::::!. 0- .- 0 m i;! ~ en 0 CD 0> s: ZO:::O "TI z :;0 ~, " en 0> .... .- m rO c. 0 0 :J CD "'=0 -< 0 (J)llo) om s:~ _. r ;0 "TI C "U ;:tIO -I &,...0> 11l 110 "TI 60_ ::;;7' ...... :J rO> () :::0 0 )>~-I [~ o. c.. WO- rn )> r -~:J ::! N.j::o,. Z - ~r -....IW o 0 !:t 00> m -< -<m (I) -....I CITY OWNED PROPERTY COUNTY IDENTIFIER: 10-29-15-69138-002-0070 ATLAS PAGE: 278A LOCATION: 912 NICHOLSON STREET SHORT LEGAL: LOT 7, BLOCK 2, PINE CREST DIMENSIONS/ACREAGE: 50 x 152 SURVEY: NO APPRAISALS: NO. PROPERTY RECEIVED IN DIRECT EXCHANGE OF A SIMILAR TO CLEARWATER NEIGHBORHOOD HOUSING SERVICES. BOTH DEEMED TO BE OF EQUAL VALUE. SPECIAL USE (IF ANY): TRAVERSED BY 36" STORMWATER LINE. NOT BUILDABLE UNTIL LINE RELOCATED. ZONING: MDR (MEDIUM DENSITY RESIDENTIAL) SELLER: CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC. PURCHASE PRICE: VALUED AT $40,000 FOR TITLE INSURANCE PURPOSES. NO MONETARY EXCNANGE IN TRANSACTION. CLOSING COSTS: $0.00 APPROPRIATION CODE: N/A ACQUISITION DATE: OCTOBER 31, 2006 TITLE INSURANCE: YES - TICOR TITLE INSURANCE COMPANY OF FLORIDA TITLE UNDERWRITER: AS ABOVE POLICY NO. FL7881-51-06090023c-2006.7110609-72587005 CLOSING AGENT/FILE NO.: SOMERS TITLE COMPANY / 06090023c O.R. BOOK/PAGE: 15458 / 352-353 (WARRANTY DEED) COMMENTS: N/A SEE ABOVE.