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PINELLAS HABITAT FOR HUMANITY, INC (PIinted on May 05, 2006 @ 11:38) A. ..... ;' US Department of Housing and Urban Development SETTLEMENT STATEMENT OMB No. 2502-0265 1. [] FHA 2. [] FmHA 3. []Conv. Unins. 4. Cony. Ins. 7. Loan Number: c. NOTE: This fOlm'is fumished to give you a s~atement of actual settlement costs. Amounts paid to BOd by the settlement agent are shown. Items marked 'POC' were paid outside the closing: they are shown here for information D. NAME AND ADDRESS OF BORROWER: PINELLAS HABITAT FOR HUMANI1Y, INC. 3071 118th Ave. North St. Petersbur , FL 33716 E. NAME AND ADDRESS OF SELLER: CITY OF CLEARWATER P.O. Box 4748 Clearwater, FL 33758 F. NAME AND ADDRESS OF LENDER: CITY OF CLEARWATER P.O. Box 4748 Clearwater, FL 33758 G. PROPERTY LOCATION: 1028 N. MISSOURI AVENUE CLEARWATER, FL 33755 H. SETTLEMENT AGENT: PLACE OF SETTLEMENT: SOMERS TITLE COMPANY 32684 U.S. Highway 19 North Palm Harbor, FL 34684 DISBURSEMENT DATE: 05/11/2006 SOMERS TITLE COMPANY Contact: Mikell L. St. Germain I. SETTLEMENT DATE: 05/11/2006 I J. SUMMARY OF BORROWER(S) TRANSACTION 100 GROSS AMOUNT DUE FROM BORROWER' I K. SUMMARY OF SELLER(S) TRANSACTION 400 GROSS AMOUNT DUE TO SELLER : 101. Contract sales price 47500.00 401. Contract sales mice 47500.00 102. Personal Property 402. Personal Pronerty 103. Settlement charges to borrower Oine 1400) 1 432.87 403. 104. 404. 105. 405. Adjustments for items naid bv Seller in advance Adiustments for items naid bv Seller in advance 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. , 412. 120. Gross Amount Due From Borrower 48 932.87 420. Gross Amount Due Seller 47500.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER : 201. Deposit or earnest money 501. Excess denosit (see instructions) 202. Princinal amount of new loan(s) 502. Settlement charQes to seller (line 1400) 203. Existing loan(s) taken subiect to 503. Existinl! loan(s) taken subiect to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortl!age loan 206. 506. 207. 507. 208. Purchase Money Mortgage 47500.00 508. Purchase Money Mortl!age 47 500.00 209. 509. " Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance 210. City/town taxes 510. City/town taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. ~ 518. 219. 519. 220. Total Paid BvIFor Borrower 47.500.00 520. Total Reduction Amount Due Seller 47.500.00 48 932.87 47 500.00 1 32.S7 47 500.00 47500.00 0.00 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 fumished to the Intemal 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. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. Buyer(s) Initials ~ Seller(s) Initials_ -- (Printed on May 05, 2006 @ 12:00) US Depanment of Housing and Urban Development OMB No. 2502-0265 L. SETTLEMENT CHARGES , ' Paid from Paid from 700. t~'Sales/Broker's Commission based on price 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. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Application Fee 807. 808. 809. 810. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from 902. Mortgage Insurance Premium for 903. Hazard Insurance Premium for - 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 100 I. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. 1007. 1008. Aggregate Accountinl!: Adiustment 1100. TITLE CHARGES 1101. Settlement or Closing fee To: STC 95.00 1102. Abstract or title search To: STC 150.00 1103. Title examination To: T. Gatliff/STC 50.00 1104. Title insurance binder 1105. Document preparation 1106. Attorney's Fees 1107. FL Risk Rate 298.12 (Includes above item numbers: ) 1108. Title Insurance To: Somers Title Company 473.12 (Includes above item numbers: ) 1109. Lender's coverage 47,500.00@ 25.00 1110. Owner's coverage 47,500.00 @ 273.12 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $18.50 Mortgage $52.50 Releases $0.00 To: Clerk ofthe Court 71.00 1202. City/county tax/stamps: Mortgage $95.00 To: Clerk of the Court 95.00 1203. State tax/stamps: Deed $332.50 Mortgage $166.25 To: Clerk ofthe Court 498.75 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302. Pest inspection 1303. 1304. 1305. 111400. Total Settlement Charl!:es (enter on lines 103 S~ction J and 502 Section K) I 1.412Jl7 I 0.00 I I h,~ ~MfuJ'y _'_'ho HUD-l S,"'""'" s....... "'" 10... "'" of my """',dg. "'" "",t, ,., 1N~1o Z' ~'''' "" .."'~m,"" """, ~ my account or by me in this transaction. I further certify that I have received a copy of HUD-l Settlement Statement. .-.t!:t:l BORROWER(S): SELLER(S):.... ,A W IZ.~----- __ - - PINELLAS HABITAT FOR HUMANITY, INC. CITY OF CLEARW ATER- ~~~ BARBARA INMAN, Executive Director The HUD-l Settlement Statement which I r~e 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 stattUY;I~ JJJV p ~J.(L Ij1 fVJ Jj~)--J b ~ll i) (p Somers Titll Company Date NOTE: Taxes have been 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. WARNING: 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. 1#: 2006187711 BK: 15128 PG: 1848, 05/18/2006 at 10:30 AM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $332.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM86 u ~ /\ 10 f ~ \. '\ /'-''''. 1, ' /:~~._<! .../ ; . . :....,:;..,.) ( (',:: )'J /~:/'.~,~./ , \ .. \ \ - ~,,. : , ' fIINrNtrJ' :'. ~ Somers 11Ie Compe"y ' ".' * ~: ~:C;r~~ (.:;;~.)/ Ii File No, 06030018P <<\j '" Ira .s.:> /',)>,.)' j 332.~ i';:~~~:\) ~ THIS SPECIAL WARRANTY DEED I .!:I ,/(/~", ~ :::~c:~~~rpo:~: of~State of FI~~:eh~~~TY;~ C~~~~:~~~~ off HAJITAl.):OR HUMANITY, INC., a Florida not for profttcorporatlon, whose Post Office ~ a~~t""~) ~: 3071 1181h Avenue N., St. Petersburg. Florida 33718 hereinafter called the 'Grantee"; (1l ~.uiocI_ tho toon"lJlnllll" ond....... _11I11Io...... IOIU _.....1Ild 11Io -.1egI/ __ ond...... or -. ond Iho .... /~ond""gnoor~) ~ /. 'c". i!, '. )lotnesaeth, that the grantor. for and in consideration of $10.00 and other valuable !h-",..considerations. receipt whereof is hereby acknowledged, hereby grants. bargains. sells, aliens, :x: '....remises. releases,. conveys and confirms unto the grantee. all of the following parcel. of real Vl property situate in Pinellas County. Florida, viz: PARCEL # 10/29/15/85032/002/0050 ::) -:t SPRINGFIELD SUBDMSION NO.2, Block 2, Lot 6, as recorded In Plat Book ~ 4, Page ~ Public Recorda of Plnellas County, Florida, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. . ~ ~ a ! To Have and to Hold, the same In fee simple forever. Subject to nondelinquent ad valorem taxes and current installments of special assessments not yet due and payable, to highways. rights-of-way. licenses. euements and restrictions of record generally. zoning ordinances and other governmentsl Imitations. or others which might be disclosed by an acCurate Inspection and architectural survey. . And the said Grantor does speciflC8lly warrant the title to said land and will defend the same against the lawful claim of all persons claiming by, through or lM'lder Grantor except taxes for the year 2004 and subsequent, and subject to the matters hereinabove mentioned. o .... ~ ~ ] "tl ~ ~ In WItness whereof, the grantor has caused these presents to be executed in its name,' and its corporate seal to be hereunto affixed, by Its proper officers thereunto duly authorized. the day and year first above written. Page 1 of 2 S:\CHorak\DeedlHABrrAT FOR HUMANITY 042706.doe lof'.. """ 00 ~ (V'l fillirNttl. Somers TItle Company 32684 U. S. Hwv. 19 N. Palm Hamor, Fl. 34684 File No. 060S0018P ri i-4 ~ ~ .!l <<l (:l" .s i-4 o Z 0"1 ...-1 E6' t ..... ::r:: II. THIS SPECIAL WARRANTY DEED II . "'- Made thls.!:L-. day of ~ ' 2006 by the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of th State of Florida hereinafter called the "Grantor". to PINELLAS HABITAT FOR HUMANITY, INC., a Florida not for profit corporation, whose Post Office address is: 3071 118111 Avenue N., St. Petersburg, Florida 33716 hereinafter called the "Grantee": /Whenever used herem the term "llllInIoI" and "grantee" Include 11I1 the parties to Ihie InsInlment ancIthe hen, leglII nIpI1Ni8nt1lt1vea and allSlgna of individuals, and the successors end assIgns 01 corporatlons) Witnesseth, that the grantor. tor and in consideration of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains. sells, aliens. remises, releases, conveys and confinns unto the grantee, all of the following parcel of real property situate In Pinellas County, Rorida, Viz: . V) . :::l ...::t 00 \.0 N N') SPRINGFIELD SUBDIVISION NO.2, Block 2, Lot 5, as recorded in Plat Book 4, Page ~ Public Records of Pinellas County, Florida, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. ~ e s f-l ~ U) To Have and to Hold, the same In fee simple forever. Subject to nondelinquent ad valorem taxes and current Installments of special assessments not yet due and payable, to highways, rights-ot-way, licenses, easements and restrictions of record generally, zoning ordinances and other govemmental limitations; or others which might be disclosed by an accurate inspection and architectural survey. .. o .j.J And the said Grantor does specifically warrant the title to said land and will defend the same against the lawful claim of all persons claiming by, through or under Grantor except taxes for the year 2004 and subsequent, and subject to the matters hereinabove mentioned. p B Q) g:; "8 ell "0 8 Q) p:: In Witness whereof, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Page 1 of 2 S:\CHorak\Deed\HABITAT FOR HUMANITY 042706.doc .. Signatories - Special Warranty Deed City of Clearwater to Pinellas Habitat For Humanity, Inc. STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME. the undersigned, personally appeared Frank V. Hibbard, Mayor of the City of Clearwater, Flonda, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. o day of 1l~ 2006. o;J 8~ Denise A. WIlson " ~ CommiSSion ., 00296233 ~ \)4 Expires June 18,2008 ~ Clf fij:r .....,..,'u..I_.I~ ~. STATE OF FLORIDA COUNTY OF PINELLAS :SS BEFORE ME. the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who i.s perSonally known to me. . ~ d offi .al seal this~ day of __~ 2006. . . No~ary Pubiic - 8mtf 0 FI9rida 11\ I \. , "' Pnntltype name:~l.s(!) [I, ~..lSOA...J ~ Denise A. Wileon . f ~ 'Commislion" 00298233 , \J.4 expires June 18. 2008 ~ ClP' ....._.PIIII.-.- IIIIll4II4lIt8 Page 2 of 2 S:\CHorak\Oeed\HABITAT FOR HUMANITY 042706.doc CM-1 (11/04) I. . Al TA Commitment - 1966 '':. .. State: FL County: Pinellas Reinsurance Number: Schedule A 1. Policy or Policies to be issued: AL TALOAN (10-17..92) Proposed Insured Loan: Amount CITY OF CLEARWATER, a municipal corporation $47,500.00 2nd Proposed Insured Loan: Amount AL TA OWNER'S (10-17-92) Proposed Insured Owners: Amount PINELLAS HABITAT FOR HUMANITY, INC.., a Florida Not-for-Profit corporation $47,500.00 2. The estate or interest in the land described or referred to in the Commitment and covered herein is: Fee Simple and is at the effective date hereof vested in: CITY OF CLEARWATER, a municipal corporation 3. The land is described as follows: Lot 5, Block 2, NO.2 SPRINGFIELD SUBDIVISION, according to the plat thereof, as recorded in Plat Book 4, Page 23 of the Public Records of Pinellas County, Florida. ~ Issued By: 7882*06030018p Somers Title Company 32684 US Highway 19 North Palm Harbor, FL 34684 NOT: his Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. 1. " COMMITMENT Schedule B - Section 1 The following are the requirements to be complied with: 1. Instrument(s) creating the estate or interes 0 be insured must be approved, executed and filed for record to wit: a. Valid photo identification (ie: Iver's license, Passport) and social security numbers required of all parties to the tr saction by the Insuror. b. or Pinellas Habitat for Humanity from Secretary of State of Florida. c. Corporate Resol Ion fro~ Pinellas Habitat for Humanity approving the purchase and subsequent mort ging of subject property. . d. Deed to executed by City of Clearwater, a municipal corporationto Pinellas Habitat-for umanity, nc., a Florida Not-for-Profit corporation. e. M gage to be executed by Pinellas Habitat for Humanity, Inc., a Florida Not-for-Profit co oration in favor of City of Clearwater, a municipal corporation, to secure the principal ount of, $47,500.00. 2. Payment ofthe full consideration to, or for the account of, the grantors or mortgagors. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should b~ had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 5. Exceptions 3 and 4 of Schedule B - Section 2 of this commitment may be amended in or deleted from the policy to be issued if a survey, satisfactory to the Company, is furnished to Company. NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are Included, along with any Rider pages Incorporated by reference in the insert pages. Commitment #: 06030018p 2 File #: 06030018p '!. .. COMMITMENT Schedule B - Section 2 Exceptions 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. 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. Rights or claims of parties in possession not shown by the Public Records. 3. Encroachments, overlaps-, boundary lines disputes, and 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. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes and assessments for the year 2006 and subsequent years, which are not yet due and payable. Parcel Number 10/29/15/85032/002/0050. Property is tax exempt. 7. Subject to any lien for nicipal improvements or services to captioned land which has not been filed for record' e Office of the Clerk of the Circuit Court of Pinellas County, Florida, and ~. a . y and all out ding assessments projected or to be projected, if any. , . 8. Any . n provided by Chapter 159 of Florida Statutes in favor of any city, tow",village or port -. aut ityfor unpaid service charges for service by any water system, sewer system or gas stem servicing the land described herein. NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B~Section 1, and Schedule B-Section 2. This commitment is of no iorce and effect unless all schedules are Included, along with any Rider pages incorporated by reference in the insert pages. Commitment #: 06030018p 3 File #: 06030018p Habitat Note - 1028 Missouri DEFFERED PAYMENT MORTGAGE NOTE CITY OF CLEARWATER ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT 112 South Osceola Avenue Clearwater, Florida 33756 Borrower(s): PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit Corporation Address: 3071 118 Avenue N., St. Petersburg, Florida 33716-1800 FOR VALUE RECEIVED, the undersigned, jointly and severally, promise to pay to the order of the CITY OF CLEARWATER, at the above address (hereinafter called the "City"), its successors and assigns, the sum of FORTY SEVEN THOUSAND FIVE HUNDRED and NO/tOO-DOLLARS ($47.500.00). Payment of the principal and interest of this NOTE shall be as follows: This NOTE is deferred for twelve (12) months from the date of NOTE. On the first day of (the 13th month) the note shall be due and payable. No extensions will be granted, unless authorized by the City. (This is a Balloon Note). Default of the terms of the mortgage, note or the restrictive covenants shall cause this NOTE to become due and payable. Upon default, the City, at its option, may prepare an altemative promissory note requiring monthly payments of principal and interest. The interest rate shall be whatever the Prime Rate is at the time of default. All payments on the alternative note shall be applied first to interest to date of receipt, then to principal, then to late charges due. In the event of default of this note or alternative note, the mortgagee's remedy shall be limited to foreclosure on the land subject to the mortgage; and, mortgagee shall be entitled to collect any costs related to foreclosure. The undersigned shall reserve the right to reject the alternative note by paying the principal amount of this NOTE within 30 days of default. Failure of the undersigned to pay the principal amount of this NOTE or execute an alternative note within 30 days of notice will constitute failure on the part of the undersigned. Such failure will be subject to suit by the City to recover on this NOTE. If suit is instituted by the City to recover on this NOTE, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees and court costs. Failure of the City to exercise any option to which it may be legally entitled to enforce the terms of this NOTE shall not constitute a waiver of such default. During the deferred term this NOTE will not accrue interest. Upon default, this NOTE will accrue interest at the highest rate allowed by law per annum until the principal amount of this NOTE is paid. The undersigned reserve(s) the right to prepay the principal, in whole or in part, at any time, without payment of premiums or penalties. Any payment of this NOTE shall be applied to the principal due on the NOTE. The principal amount of this NOTE will be repaid with the proceeds from the sale of the property and released from the mortgage accordingly. Said proceeds may be in cash or in the form of a down payment assistance - deferred payment second mortgage note secured by the property sold. Said down payment assistance loan shall be to a homebuyer whose income does not exceed 80% of area median income as determined annually. Upon payment of part of the outstanding principal, the City agrees to release from the mortgage and note, a part of the mortgaged real property as determined by the City. This NOTE is secured by a mortgage duly ftled for record in Pinellas County, Florida. DEMAND, protest and notice of demand and protest are hereby waived and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this NOTE. IN WITNESS WHEREOF, this NOTE has been duly executed by the undersigned, as of its date. PINELLAS HABITAT FOR HUMANITY ~Q~ ~\.^,'L-4..___ Barbara Inman, Executive Director S.- X' D ,.6 Date :. ' .' Habitat Mtg- 1028 Missouri Prepared by: City of Oearwater, Economic Development & Housing 112 S. Osceola Avenue, Clearwater, FL 33756 MORTGAGE TO SECURE A LOAN PURPOSE OF LOAN: Property Acquisition THIS MORTGAGE, made on or as of this 1> day of May 2006 between PINELLAS HABITAT FOR fIUMANITY, INC., a Florida Not-for-Profit corporation, called "Mortgagor", whose address is 3071 118 Avenue, St. Petersburg, Florida 33716, and CITY OF CLEARWATER, a municipal corporation in the State of Florida, whose address is P. O. Box 4748, Oeaiwater, Florida 33758, County of Pinellas, State of Florida, hereinafter called "Mortgagee" or "Lender". WITNESSETH, that to secure the payment of an indebtedness in the principal amount of FORTY SEVEN THOUSAND FIVE HUNDRED and NO/lOO-- DOLLARS ($47,500.00), which shall be payable in accordance with a certain note, bond, or other obligation, which obligation is hereinafter called "Note", bearing even date herewith, and all other indebtedness which the Mortgagor is obligated to pay to the Mortgagee pursuant to the provisions of the Note and this Mortgage, the Mortgagor hereby grants, conveys, and mortgages to the Mortgagee: AbLp'at certain lot, piece, or parcel of land situate and being in Pinellas County, Florida, described as follows: Lot 5, Block 2, SPRINGFIELD SUBDIVISION NO.2, according to the map or plat thereof as recorded in Plat Book 4, Page 23, of the Public Records of Pinellas County, Florida COMMONLY KNOWN AS: 1028 N. Missouri Avenue, Oearwater, Florida IN THE EVENT OF DEFAULT of this mortgage or the note, bearing even date herewith" and/ or an alternative note, the mortgagee's remedy shall be limited to foreclosure on the land subject to the mortgage; and, mortgagor shall not be liable for any costs whatsoever. TOGETHER with all appurtenances thereto and all the estate and rights of the Mortgagor in and to such property or in anyway appertaining thereto: all buildings and other structures now or hereafter thereon erected or installed, and all fixtures and articles of personal property now or hereafter attached to, or used in, or in the operation of, any such land, buildings, or structures which are necessary to the complete use and occupancy of such buildings or structures for the purposes for which they were or are to be erected or installed, including, but not limited to, all heating, plumbing, bathroom, lighting, cooking, laundry, ventilating, refrigerating, incinerating, and air-conditioning equipment and fixtures, and all replacements thereof and additions thereto, whether or not the same are or shall be attached to such land, buildings, or structures in any manner, and; TOGETHER with any and all awards now or hereafter made for the taking of the property mortgaged hereby, or any part thereof (including any easement) by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are hereby assigned to the Mortgagee and are deemed a part of the property mortgaged hereby, and the Mortgagee is hereby authorized to collect and receive the proceeds of such awards, to give proper receipts and acquittance therefor, and to apply the same toward the payment of the indebtedness secured by this Mortgage, notwithstanding the fact that the amount owing thereon may not then be due and payable; and the Mortgagor hereby agrees, upon request, to make, execute, and deliver any and all assignments and other instruments sufficient for the purpose of assigning each such award to the Mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever, TOGETHER with all right, title, and interest of the Mortgagor in and to the land lying in the streets and roads in front of and adjoining the above described land (all of the above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights and interests being hereinafter collectively called the "mortgaged property") Pa~e 1 ot6 Habitat Mtg-J028 Missouri TO HAVE AND TO HOLD the mortgaged property and every part thereof unto the Mortgagee, its successors and assigns forever for the purposes and uses herein set forth. MORTGAGOR further covenants and agrees with the Mortgagee, as follows: 1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, ~d ~ll other charges and indebtediiess provided therein and in this Mortgage, at the times and in the manner proVIded m the Note and in this Mortgage. 2. The Mortgagor will pay when due, as hereinafter provided, all ground rents, if any, and all taxes, assessments, water rates and other governmental charges, fines, and impositions, of ev~ ~d and nature whatsoever, now or hereafter imposed on the mortgaged Erope~, or any part thereof, and will pay when due every amount of indebtedness secured by any lien to whiCh the lien of thiS Mortgage is expressly suOject. 3. This Mortgage and the Note were executed and delivered to secure monies advanced in full to the Mortgagor by the Mortgagee as or on account of a loan evidenced J:>y the Note, for the purpose of acquiring real property as describea or referred to in purchase contract dated March 30th, 2001, to or on the mortgagea property, which improvements are hereinafter collectively called "Improvements", and for such other purpose, if any, described or rererred to therein, including acquisition of the property, The Mortgagor shall make or cause to be made all the improvements. H the construction or installation of the improvementS shall not be carried out with reasonable diligence, or shall be discontinued at any time for any reason, other than strikes, lock-outs, acts of God, fires, floods, or other similar catastrophes, riots, war or insurrection, the Mortgagee, after due notice to the Mortgagor, is hereby authorized (a) to enter upon the mortgaged property and employ any watchmen, protect the improvements from depreciation or injury and to Ereserve ana protect suCh property, (b) to carry out any and all then existing contracts between the Mortgagor and other parties for the purpose or makirig any of the improvements, (c) to make and enter into additional contracts and incur obligations ror the purposes 01 completing the improvementslursuant to the obligations of the Mort~agor hereunder, either in the name of the Mortgagee or the Mortgagor, an (d) to pay and discharge all debts, obligations, and liabilities incurred ~ reason of any action taken by ffie Mortgagee as provided in this Parag:r:aph, all orwhich amounts so paid by the MOrW:azee, with interest thereon from the date of each such pa~ent, at the rate as set forth in the Note plus tfiree percenl (3 %) per annum, not to exceed the maximum allowed by law, shall be payable by the Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage. Funds provided under thiS mortgage may have been piu1iall.y provided by the US Department of Housing and Urban Development (HYD), and are su~ect to various regt!lations. Funds provided by BUD under this mortgage may be used only for the acquisition of real property, or the repair or replacement of existing structures. Funds provided by other sources may be used for the new construction oT improvements. 4. No building or other structure or improvement, fixture of personal property mortgaged hereby shall be removed or demolished without the prior written consent of the Mortgagee. The Mortgagor Will not maKe, permit or suffer any alteration of or addition to any building or other structure or improvement now or which may hereafter be er.ected or installed uEon the mortgaged property, or any part thereof, except the improvements required to be made Pursuant to Paragraph 3 hereof, nor will tlie Mortgagor use, or permit or suffer the use of any of the mortgaged property for any purpose other than the purpose or purposes for wmch the same is now intended to be used, WIthout the prior written consent of the Mortgagee. The Mortgagor will maintain the mortgaged prop:rty in good condition and ~tate of repair and will not suffer or permit any waste to any part thereof, and will promptly comply with all the requIrements of Federal, state and local governments, or of any departments, divisions or bureaus thereof, pertaining to such property or any part thereof. 5. The Mortgagor will not voluntarily create, or permit or suffer to be created or to exist, on or against the mortgaged property,. or any part thereof, any lien superior to the lien of this Mortgage, exclusive of the lien or liens, if any, to. whfch this Mortgage is expressly subject, as set forth in the granting clause above, and will keep and maintain the ~ame fr~e from ~e claims of an parties supplying labor or materials which will enter into the construction or mstallation of the Improvements. PaJ1;e 2 or6 Habitat Mtg-1028 Missouri 6. (a) The Mortgagor will keep all buildin~, other structures and improvemen~, including. equipment, !low existing or which may liereafter be erected or installed on the land mortgaged hereby, msured ~gamst loss by fire and o~er hazards, casualties and contingencies, in such aml.?unts ~d manner, and for such pen04s, all as may be reqmred from time to time by the Mortgagee. Unless otherwISe r~mred by the Mortgagee, all such InSurance shan be ef!ected by Standard Fire and Extended Coverage Insurance policies, in amounts not less than necessary to comply WIth the coinsurance clause percentage of the value.applicable to the location and character of 1;h~ propergr to be cove~ed. All such insurance shall be carned in compames l!Pproved by the Mortgagee and all poliCIes therefore shall be m such form and shall have attached thereto loss paya~~e clauses m favor of the Mortgagee and an:x other parties as shall be satisfactory to the Mortgagee. All such pO~C1es and attachments th~reto snall be deliverE;d .pro~ptly to the Mortgagee, unless they are required ~o be. deliv~red to the holder o! ~ lien of a mo~g~ge !lr similar mstt;u~ent to whicn this Mortgage IS expressly subjeq, m which latter event, certificates thereof, mdicating Mort.gc agee s mterest with the standard mortgage clause, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor will pay promptly when due, as liereinafter prOVIded, any and all prennums on such insurance, and in every case in whiCh pa)'D!ent thereof is not made from the deposits therefor required by this Mortgage, promptly submit to the Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The Mortgagee may obtain and pay the fremium on (but shall oe under no obligation to do so) every kind ot insurance reqUIred hereby if the amount 0 such premium has not been deposited as r~uired by thIS Mortgage, in which event the Mortgagor will pay to the Mortgagee every premium so paid by the Mortgagee, as set forth ill Paragraph 3, above. (b) In the event of loss or damage to the mortga~ property, the Mortgagor will give to the Mortgagee immediate notice thereof by mail, and the Mortgagee may riiake ana file proof of loss if not made otherwise promptly by or on behalf of the Mortgagor. Each insurance company issuing any such policy is hereby- authorized and directed to make payment thereuncfer for such loss to the Mortgagor and-the Mortgagee Jointly, uriless the amount of loss is payable first to the holder of a lien under a mo~age or similar instrument to whichlhis Mort~ge is expressly subject; and all the insurance proceeds, or any part thereof, if received by the Mortgagee, may be applied by the Mortgagee, at its option, either in reduction of the indebtedness hereby secured, or to fue resforation or repair of the mortgaged property damaged. In the event of foreclosure of this Mortgage, or of any transfer of title to ffie mortgaged property m extinguishment of such indebtedness, all right, title, and-interest of the Mortgagor in and to every suCh insurance policy then in force, subject to the rights and mterest of the holder of any sucn prior lien, shall pass to the ~antee acquIring title to the mortgaged prope~ together with such policy and appropriate assignment of such right, title and interest which shall be made by the Mortgagor. 7. (a) In order more fully to protect the security of this Mortgage, the Mortgagor shall deposit with the Mortgagee together with, and in addition to, the payment of principal and interest monthly on account of the Note secured hereby, until the Note is paid in full, an amount of mon~ equal to the total amount of (i) ground rents, if any, next becoming due, (ii) the premiums next becoming due on tlie policies of fire and all other hazard insurance reqUIred by this Mortgage with respect to the mortgaged property, (ill} taxes, assessments, water rates and other governmental charges next becoming due on the mor~aged property (all the foregoing amounts as estimated by ffie Mortgagee and set forth in a WrItten notice of sucll estimate by the Mortgagee to the Mortgagor from time to time), less all amounts that may already have been paid therefor, divided by the number of calendar months to elapse before one calendar month prior to the date wllen such ground rents, premiums, taxes, assessments, water rates and other ~vernmenta1 charges, res~tive1y, will become due and payable. If any amount referred to in clauses (i) through ill) hereof is required to be deposited by the Mo~gor under a mortzage or similar instrument having priority over e lien of this Mo!igage, the Mortgagor shall Iriake the deposits reqmred by this Paragraph 7 only in t1ie event of the termination of such obli.aation or tfie occurrence of the last mentioned event. All such amounts so deposited with the Mortgagee shall be held by the Mortgagee, or any agent designated by it, in trust to be used only- for the payment of such ~ound rents, premiums, taxes, assessments, water rates and other governmental charges. No interesf shall be paya@e by the Morfgagee on any sum so deposited. (b) All amounts required to be deposited with the Mortgagee monthly in accordance with Paragraph 7(a) hereof, and the amount of principal and interest to be paid each month on account of the Note, shall be acfdea together, and the aggregate amount thereof shall be paid by the Mortgagor to the Mortgagee in a single payment to be applied by the Mortgagee on account of the indeotedness of the ~orlga$or pursuant to the Note and this Mortgage (to the extent that monies are available from the amount so deposited), in the order, any provision of the Note to the contrary notwithstanding, as follows: FIRST, to the amount of such ground rents, if any, fire and other hazard insurance premiums, taxes, assessments, water rates, and other governmental charges reqUIred to be paid under the provisions of this Mortgage, in whatever sequence the Mortgagee may exclusively determme; Pa~e 3 of6 Habitat Mtg- 1028 Missouri SECOND, to interest due on the Note; THIRD, to the principal due on the Note; and FOURlli, the remainder to the late charges, if any, referred to in the Note. Any deficiency in the amount of any such aggregate monthly pa~ent shall, unless Raid by the Mortgagor prior to the due date of the next such deposit payable, constitute an event of default under this Mortgage. (c) Any excess funds that may be accumulated by reason of the deposits required under ParagraEh 7 (a) hereof, remaining after payment of the amounts described in clauses (i), (ii), and (ill) nereof, shall be creditea to suoseq. uent respective montIUy amounts of the same na~e required to be paId thereunder. If any: such am(;lt~nt shall excee~ the estimate therefor, the Mortgagor shall fOrthWIth pay to the Mortgagee the amount of such defICIency upon wntten notice by the Mortgagee of the amount thereof. Failure to d<? so before the due date of s~ch amo~t snalll?e an event of defaUlt under tliis Mortgage. If the mortgaged pro~ IS sold under foreclosure or IS otherwISe acqUIred by the Mortgagee, after default oy the Mort~gor, any remainIng balance of the accumulations under ParagJaph"7 (a) hereol, shall be credited to the principal amount owing on the Note as of the date of commencement of foreclosure proceedings for the mortgaged property, or as of the date the mortgaged property is otherwise acquired. 8. The Improvements and all plans and specifications therefor shall comply with all applicable municipal ordinances, re~tions and rules made or promulgated by lawful authority, and upon their completion, shall comply therewith ana with the rules of the Board of Fire Underwriters having junsdiction. 9. Upon any failure by the Mortgagor to comply with or P.eflorm any of the terms, covenants, or conditions of this Mortgage requiring tlie payment of any amount of money by the Mortgagor, other than the principal amount of the loan eVIdenced by the Note, interest and other charges, as provided in the Note, the Mortgagee may at its option make such payment. Every payment so made by the Mortgagee (including reasonable attorneys fees incurred thereby), with mterest thereon from the date of surn payment, as set forth in Paragraph 3, above, except any payment for wlUch a different rate of interest is specified herein, shall be payable by tile Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage. This Mortgage WIlli respect to any suCh amount and the interest thereon shall constitute a lien on the mortgagea. property pnor to any other lien attaching or accruing subsequent to the lien of this Mortgage. 10. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from time to time at any reasonable nour of the day. Should the mortgaged property, or any part thereof, at any time require inspection, repair, care or attention of any I<ind or nature not provided by thIS Mortgage as detennined by the Mortgagee in its sole discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made upon tlie mortgaged property and inspect, repair, protect, care for or maintain such property, as the Mortgagee may ~ its s~le discretion deem necessary, and may pay all amounts of money therefor, as tile Mortgagee may in its sofe dIScretion deem necessary. . 11. The principal amount owing on the Note together with interest thereon and all other charges, as therein provided, and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by the Mortgage, shall immediately become due and payable witliout notice or demand upon the appointment of a receiver or liquidator, whellier voluntary or involun~, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a ~tition by or against the Mortgagor under the provisions of any State insolvency faw, or unaer the Erovisions of the Barikrup!<J Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for ~e benefit of ~e Mo!,:gagor s creditors. The Mortgagee is authorized to declare, at i~ option, all or any part of such mdebtedness tmmediafuly due and payable upon the occurrence of any of the followmg events of defaUlt: (a) Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note, which shall have become due, prior to the due date of the next such instaIhrient. (b) Nonperformance by the Mo!1gagor of any covenant, agreement, term or condition of this Mortgage, or of the Note (ex~t as otherwise provided in subdivision (a) hereof) or of any other agreement heretofore, herewilli or hereafter made by the Mortgagor with the Mortgagee m connecfion with such indebtedness, after the Mortgagor has been given due notice by tile Mortgagee of such nonperformance; Fail1l!e of ~e Mortgagor to perform any covenant, agreement, term <;>r condition in any.instrument c;reating ~ lien upon tile mortgaged property, or any part thereof, whIch shall have prionty over the lien of this Mortgage; . (c) Page 4 or6 ,~ ' Habitat Mtg- 1028 Missouri (d) The Mortgagee's discovery: of the Mortgagor's failure in any appli~ation of the Mo~tgagor t~ the Mortgagee to disclose any fact dee~ed by the Mortgagee to o~ matenal, or of the I?akirig therem, or in any of the agreemenfs entered mto ~ the Mortgagor WIth the Mortgagee (mcluamg but .not limited to the Note and this Mortgage) of any misrepresentation by, on behalf of, or for the benefit of the Mortgagor; (e) The sale, lease or other transfer of any kind or nature of the mortgaged property, or any part thereof, without the prior written consent of the Mortgagee; (f) Failure of Mortgagor to maintain primary residence in the secured property, without the prior written consent of the Mortgagee. The Mortgagee's failure to exercise any of its ri~ts hereunder shall not constitute a waiver the!eof. Upon any event of default, as enumerated in this Paragraph, the Note shall become, or may be declared to be, ImmedIately due and payable. . 12. The Mortgagee may from time to time cure each default under any' covenant or agr.eeJ?ent in any ~trume~t creating a lien uEon tfie mortgaged property, or any part thereof, wliich shall have pnonty over the lien of this Mortgage, to suCh extent as the Mortgagee may exclusively determine, and each amount Paid, if any,. by the Mortgagee to cure any such default shall 6e paid by the Mortgagor to the Mortgagee, and the Mortgagee shall also become subrogated to whatever rights the horder of the prior lien might have under such instrument. 13. (a) Mter the occurrence of any default hereunder, the Mortgagor shall upon demand of the Mortgagee, surrender possession of the mortgaged prope.rty to the Mortgagee, and llie Mortgagee may enter such property, and let the same and collect all the rents therefrom which are Que or to become due, and apply the same, affer payment of all charges and ex~nses, on account of the indebtedness hereby secured, and all suCh rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebfedness secured hereby, and the Mortgagee may also dispossess, by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. (b) In the event that the Mortgagor occupies the mortgaged property or any part thereof, the Mortgagor ag!ees to surrender possession of such ploperty to the Mor..tgagee immediatefy after any such default hereunder, ana if the Mortgagor remains in posseSSIOn after such default, such possession shall be as a tenant of the Mortgagee, and the Mortgagor shall pay in advance, upon demand by the Mortgagee, as a reasonable monthly rental for the premises occu].:>iea by the Mortgagor, an amount at least equivalent to one-twelfth of the aggregate of the twelve monthly installments payable in the current calendar year, plus the actual amount of the annual ground rent, if any, taxes, assessments, water rates, other governmental charges, and insurance premiums payable in connection with the mortgaged proIJe!ly during sucli year, and upon the failure of the Mortgagor to pay such monthly rental, the Mortgagor may also be dispossessed by the usual summary proceedings applicable to tenants. This covenant shall become effective immediately upon llie occurrence any suell default, as determined in the sole discretion of the Mortgagee, who shall give notice of such determination to the Mortgagor, and in the case of foreclosure and the appomtment of a receiver of the rents, the within covenant shall inure to the benefit of such receiver. 14. The Mortgagee in any action to foreclose this Mort~ge shall be entitled to the appointment of a receiver without notice, as a matter of right and without regard to the vMue of the mortgaged propetF, or the solvency or insolvency of the Mortgagor or ollier party liable for the payment of the Note and ollier inde1>tedness secured by this Mortgage. 15. The Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request by mail, will . furnish promptly a written statement in form satisfactory to the Mortgagee, SIgned by the Mortgagor and duly acknowledged, of the amount then owing on the Note and other inaeotedness secured by this ~ortgage, ana whether any offsets or defenses exist againsl: such indebtedness or any part thereof. 16. The Mortgagor w,ill give immediate notice by registered or certified mail to the Mortgagee of any fire, damage or other casualty affecting the mortgaged property, or of any conveyance, transfer or cliange in ownership of such property, or any part tliereof. 17. Notice and demand or request may be made in writing and may be served in person or by mail. 18. In case of a foreclosure sale of the mortgaged property, it may be sold in one parcel. Page 5 0('6 'l~ .' ".to ' Habitat Mtg-J028 Missouri 19. The Mortgagor will not assign the rents, if any, in whole or in part, from the mortgaged property, or any part thereof, without the prior written consent of the Mortgagee. . 20. The Mortgagor is lawfully seized of the mortgaged properlY- and has good right, full power and lawful authority to sell and convey the same m the manner above providecr, ana will warrant and defend the same to the Mortgagee forever against tlie lawful claims and demands of any and all parties whatsoever. 21. The Mortgagor hereby waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and as to any expenditures for insurance, taxes, levies, assessments, dues or charges incurred by the Mortgagee pursuant to any provision of this Mortgage. 22. This Mortgage and all the covenants, ag'!eements, terms and conditions herein contained shall be binding upon and inure to tlie benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor ana, to the extent permitted by: law, every subsequent owner of the mortgaged prop~, and slUill be binding upon and inure to the benefit of the Mortgagee and its assigns. H the Mortgagor, as definea herein, consists of two or more parties, this Mortgage shall constitute a grant and mortgage by: aIr oJ them jointly and severall~' and they shall be obligated jointly and severally under all the provisions nereof and under the Note. The word 'Mortgagee" shall include any person, corporation, or other p~ who may from time to time be the holder of this Mortgage. Wherever used herein, the singular number shall include the plunil, the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. 23. The Mortgagor will abide by the terms and conditions of the Declaration of Restrictive Covenants listed in the Attachment A oJ this mortgage and shall be included as a condition of this mortgage. IN ~ESS ~REOF, this Mortgage has been duly signed and sealed by the Mortgagor on or as of the day and year first above wntten. ~~~1 ~ ... ~J.. ~t1./J~_ Wltnes PINELLAS HABmAT FOR HUMANITY, INC. .~~u..i. ~_~..~~ wltness B'~~-/ B~BARA INMAN, EXECUTIVE DIRECTOR STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this gt'-# BARBARA INMAN, as Executive Director of PINELLAS HABITAT F me or who has produced as id My Commission expires: q. (S . :;l. ~09 No BARTON G. COBB Notary Public. State of Rorlda My Comm. ExpIres Sept. 15. 2009 No. 00472248 Page 6 of6 ..... CITY OF CLEARWATER HOUSING DIVISION TRUTH IN LENDING DISCLOSURE STATEMENT CITY OF CLEARWATER, FLORIDA Date: Aoril26. 2006 FileNo. CREDITOR CITY OF CLEARWATER HOUSING DIVISION P. O. Box 4748 Clearwater, FL 33758-4748 BORROWER Pine lias Habitat for Humanity. Inc. 3071 118 Avenue N St. Petersburg, Florida 33716 Annual Percentage Rate 0% Finance Charge Amount Financed Total of Payments $0 $47,500.00 $47,500.00 You have a right to receive an itemization of the amount financed, which is provided to you in the form of your closing statement. Your Payment Schedule Is: One (1) Amount of Payments: $47,500.00 As per the Note, payments are deferred 360 days. On the 361 st day, the loan will become due and payable. Number of Payments: You may obtain property insurance from anyone you want that is acceptable to the City of Clearwater Housing Division. SECURITY: You are giving a security interest in the property known as: 1028 N. Missouri Avenue. Clearwater. Florida 33755 LATE CHARGE: PREPAYMENT: NA You may prepay this obligation at any time without penalty or additional interest charges. your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT PINELLAS HABITAT FOR HUMANITY ~~y_~, ~e(~~'__) BARBARA INMAN, Executive Director CITY OF CLEARWATER ECONOMIC DEVELOPMENTIHOUSING DIVISION (;I,OSING ST A TF.MF.NT CASE NO.: Loan#: DATE: April 26, 2006 Borrower(s): Pinellas Habitat for Humanity, Inc. 3071118 Avenue North St. Petersburg, Florida 33716 Loan Disbursement: SHIP HOME 47.500.00 $ $ Total $47.500.00 Current Disbursements: Clerk of the Circuit Court $ Equifax Mortgage Services, Inc $ Fidelity Title Insurance Company $ $ Total Disbursements Paid of Closing $ .00 Balance Due Borrower $ 47.500.00 Balance To Be Disbursed: $ *C1~rk ofthp. r.ircnit r.Ollrt. Recording Mortgage/Deed Documentary Stamps $ $ 166.25 $86.50 $ Total $252.75 ~~ BARBARA INMAN, as Executive Director Closing Statement - 04-26-06 Prepared By: MIKELL ST. GERMAIN Somers Title Company 32684 US IDGHWAY 19 NORTH PALM HARBOR, FL 34684 incidental to the issuance of a title insurance policy. File Number: 06030018p MORTGAGOR'S AFFIDAVIT (CORPORATE) TillS IS AN AFFIDAVIT MADE UNDER OATH. THE MAKING OF A FALSE STATEMENT WILL SUBJECT THE AFFIANT TO SEVERE CRIMINAL PENALTIES. BEFORE ME, the undersigned authority, personally appeared Affiant, BARBARA INMAN, Executive Director on behalf of PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation hereinafter "Corporation", who being by me first duly sworn on oath, deposes and says: 1. Corporation is the owner of the following described property: Lot 5, Block 2, NO.2 SPRINGFIELD SUBDIVISION, according to the plat thereof, as recorded in Plat Book 4, Page 23 of the Public Records of Pinellas County, Florida. 2. Corporation is in exclusive, full, complete and undisputed possession of the above descnbed property and any personal property included therewith; there are no leases, options, claims, unpaid taxes, assessments or interests of any kind held thereon; title has not been transferred; and said property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description, except for real property taxes for the current year and except as shown in Title Commitment # 3. There have been no improvements, alterations or repairs to the above described property for whi"ch costs thereof remain unpaid; there are no claims for labor, material or services furnished or performed for repairing or improving the same which remain unpaid; there are no mechanics', material men's or laborers' liens against the above described property; and no labor has been performed within the last 90 days which has not been paid in full in regards to said premises or personal property. 4. No judgments or decrees have been entered in any Court of this State or of the United States of America against Corporation which remain unsatisfied or unpaid; there exist no funds due to the Internal Revenue Service which remain unpaid which may result in a lien against the above described real property; and Corporation is not a non-resident alien for United States Income Tax purposes and Corporation's Federal Income Tax Payer I.D. number is as 5. This Affidavit is made for the purpose of inducing CITY OF CLEARWATER to accept the mortgage loan being given on the above described property and inducing Somers'Title Company hereinafter "Policy Issuing Agent", to issue TICOR Title Insurance Company of Florida Policies of Title Insurance insuring the lien of the mortgage. 6. Affiant, individually and on behalf of the Corporation, agrees to indenmify and hold Policy Issuing Agent and TICOR Title Insurance Company of Florida harmless of and from all loss, cost, damage and expense of every kind, including attorneys' fees, which Policy Issuing Agent and TICOR Title Insurance Company of Florida shall sustain or become liable for under its policies of title insurance now to be issued on account of or in reliance upon any statements made herein, including but not limited to, any matters that may be recorded between the effective date of the Commitment referenced above and the time of the recording of the instruments described in said Commitment 7. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements in an instrument of this nature. Affiant affirms he has read the foregoing affidavit and fully understands the acts contained herein. For the purposes of this affidavit, the use of the word "he" is intended and understood to mean all persons executing this affidavit be it "he", "she" or "they", and singular shall include plural, when indicated. FURTHER, Affiants sayeth naught. PINEL AS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation .J BY: BARBARA INMAN, Executive Director State of Florida County of Pinellas THE FOREGOING INSTRUMENT was sworn and acknowledged before me on May L 2006 by: Barbara Inman, Executive Director of PINELLAS HABITAT FOR HUMANITY, INC., on behalf of corporation He/She who is personally known to me or who has produced driver r nse as identificati who did take an oath. Notary Seal Signature: .. Print Name: fA' MIKELL L. ST. GERMAIN Notary Public, State Of FIoIfda My Commission Expires 9124108 Commission No. 00351715 COMPLIANCE AND TAX PRORATION AGREEMENT DATE: 05/11/2006 BUYERlBORROWER: PINELLAS HABITAT FOR HUMANITY, INC. SELLER: CITY OF CLEARWATER PROPERTY: 1028 N. MISSOURI AVENUE CLEARWATER FL 33755 We the undersigned Seller and/or Buyer/Borrowers herein acknowledge the following as conditions of the above referenced transaction: 1. All contingencies set forth in the Contract for Sale have been complied with in full. 2. All utility bills, including but not limited to water, sewer, gas, garbage and electric are the responsibility of the undersigned parties, not the closing agents. All matters regarding utilitity bills will be handled outside of closing. 3. The undersigned parties will fully cooperate if adjustment for clerical errors on any or all closing documents is necessary and will sign such additional documents as are necessary to correct such errors. 4. Calculations of payoff figures, or principal balance and escrow account balances and/or prorations, were based on information, either obtained orally or in writing from, lender. The closing agent will not be held liable for miscalculations as a result of errors made by the lender. If there is/are discrepancies between the figures used in preparing the closing statements and future information provided by the lender, resulting in a demand by the lender for additional funds, owner will upon request forward said funds forthwith. 5. Consent is hereby given, pursuant to Rule 40186.008(3) to the Florida Administrative Code, to the placement of the settlement funds for the transaction into an interest bearing account in the name of Somers Title Company. The parties understand the interest earned or other benefits earned, if any, on such account will be the property of Somers Title Company. 6. The proration of taxes reflected on the closing statement has been made on the basis of: o Gross Tax figure for the year 2005, in the amount of $0.00 o Estimated gross tax figure for 2005, the year in the amount $, based on information supplied to Somers Title Company by the Pinellas County Property Assessor's office. The undersigned Owner(s) of the above referenced property herein acknowledge they L) have Lx---.J have not, filed for and received, homestead exemption in the amount of $25,000.00 for the current year. We understand that Somers Title Company is relying on the statements contained herein to compute the applicable tax proration amounts between Seller and Buyers and/or the appropriate tax amount for the lender's escrow account. We understand that taxes for current year may increase if the property was assessed under the Save-Our Homes Cap. The closing agent will not be liable for any discrepancies that may arise in these proration figures when the actual tax bills for the year of closing are available, or any shortages in escrow accounts. Upon receipt of the current tax statement, the undersigned parties will make proration adjustments between themselves outside of the closing if the total proration difference exceeds $10.00. Buyer(s) Seller(s) PINELLAS HABITAT FOR HUMANITY, INC. ~.~ BARBARA INMAN, Executive Director CORPORATE RESOLUTION - BUYER WHEREAS, PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation, with its princpal office located at 3071 - 118th Ave. No., St. Petersburg, FI33716, desires to buy from CITY OF CLEARWATER, a municipal corporation a parcel of property located at 1028 N. MISSOURI AVENUE CLEARWATER FL 33755, for the sum of $47,500.00, with a Mortgage loan amount of $47,500.00. Said property being described as follows: Lot 5, Block 2, NO.2 SPRINGFIELD SUBDMSION, according to the plat thereof, as recorded in Plat Book 4, Page 23 of the Public Records of Pinellas County, Florida. THE undersigned hereby certifies that he/she is the Exexutive Director of PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation, validly existing and organized under the laws of the State of Florida, which Corporation is presently subsisting and in good standing under the laws of such State; that the following is a true, accurate and compared transcript of resolutions duly adopted by unanimous written consent of the Officers of said Corporation, and that the proceedings were in accordance with the Articles and By-laws of said Corporation, and that said resolutions have not been amended, rescinded, modified or revoked, and are in full force and effect. BE IT FURTHER resolved that PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation has duly authorized, directed and enpowered Barbara Inman, its Executive Director, to do and perform all other acts and things necessary in connection with this transaction. BE IT FURTHER resolved that any and all action herein above authorized and directed which may have already been performed, are hereby radified and confirmed. Signed thislday of May, 2006. PINELLAS HABITAT FOR HUMANITY, INC., a Florida Not-for-Profit corporation ~~~ BARBARAINMAN Its: Executive Director