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LENA V. JONES . ;)-'. . 7 ~tepa;~d By: MELODY A. SAN~OS tr' RECORD & RETURN TO: SOMERS 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. File Number: 05070042c Parcel ID #: 03/29/15/01926/006/0010 {J, X; IJ' tJ\ 1- Ii ]fl WARRANTY DEED (INDIVIDUAL) ....HJt} This WARRANTY DEED, dated this ~ay of October, 2005 by Lena V Jones, a single woman whose post office address is: KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200544171511/03/2005 at 12:43 PM OFF REC BK: 14717 PG: 1038-1040 DocType:DEED RECORDING: $27.00 hereinafter called the GRANTOR, to City of Clearwater, a Municipal Corporation of the State of Florida whose post office address is: P. O. Box 4748, Clearwater Fl. 33758-4748 Attention: Earl Barrett - Engineering Dept. hereinafter called the GRANTEE: (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.) o 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 8 unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz: "- o 11I o '-/ \.0 11I "- (Y) (Y) Parcel No. 03-29-15-01926-006-0010 rZ ~Portion of Lot 1, Block "F", AVONDALE, according to the map or plat thereof as recorded in Plat Book 7, Page eJ 40, Public Records of PinelJas County, Florida, more particularly described as follows: ~ ~ Beginning at the Northeast corner of Lot 1, Block "F" , AVONDALE, as recorded in Plat Book 7, Page 40, Public ~Records of Pinellas County, Florida, for a POINT OF BEGINNING; thence assumed South 28035'29" East along d the East boundary of said lot, a distance of 9.94 feet, to a point on a curvature on a non-tangent curve; thence ~ along a curve to the right having a radius of 59.00 feet, a central angle of 35005'34", an arc length of 36.14 feet, a CJ) chord bearing S 55052'00" West, a chord distance of 35.57 feet, to a point of reverse curvature; thence along a ~ curve to the left, having a radius of 47.00 feet, a central angle of 8028'42", an arc length of 6.95 feet, a chord o bearing S 69010'26" West, a chord distance of 6.95 feet, to a point of compound curve; thence along a curve to the U left, having a radius of 19.00 feet, a central angle of 35046'28", an arc length of 11.86 feet, a chord bearing S g 47004'31" West, a chord distance of 11.67 feet, to a point of intersection on the North Boundary of said Lot; N ..-l thence N 20045'34" East, along the North boundary of said lot, a distance of .83 feet, to a point of curvature; . thence along a curve to the right, also being the North boundary of said Lot, having a radius of 64.90 feet, a ~ central angle of 50007'09", an arc length of 56.77 feet, a chord bearing N 45049'09" East, a chord distance of 54.98 U feet, to the POINT OF BEGINNING. ~ H E-t .~ o C/) ~ ; Cl ~ ~ U r.Ll ~ J- oi;;L .. SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 2005 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 will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. ..\fHF Si~hrre:~~ Print Name: L . State of Oklahoma County of C!.AYJn ~. THE FOREGOING INSTRUMENT was sworn and acknowledged before me on this ~ of October, 2005 by: Lena V Jones, a single woman who has produced a drivers license as identification. Notary Seal:. Notary Signahrre: --.&-'! ~ ~ Notary Print Name: \. 7J ~ iJ /L It \.. \' / /J1 .1S(),j I (thYJ"""'~ .~f1: 9-02-7- () '7 G- M'YI"""'~~ -1UJ. 190 Is- t:J ?J- ~y .),.~, ----~---~/-- -- &, ~/ <.,'-> , .. / ----7 -- / / / / / .......'. .'. ,.... I / / / - _ -t- --- - --- NT STR~~ -f- - - FAIR~--- , -- / o N , / / / POI NT OF BEGINNING NORTHEAST CORNER . I FIP 3/4" NO J D EXHIBIT "A" (Page 2 of 2) R 64.90' l56.77' C 54.98' Central Angle 50'07'09" _u _~a._N41i:'4_9:0.9::E_ _____ R 19.00' L 11. 86' C11.67' --- -Central Kngle 3 5'46'28~ C.8. S4 7"04' 31"W S J R/C 112" F I P \" NO I D A PORTION OF LOT Iy BLK. F9 AVONDALE SUBDIVISION PARTIAL RIGHT -OF -WAY TAKE "NOT A SURVEY" DETA I L "A" SCAl E: 1"=20' .. -JY;l \- - .. 1 '1 ;--.. () N ..q o o " o Lr) o '-" \D Lr) " C""') ('Y"') ~ ~ ! ~ CI) H ~. o u o 0.... N M . o u ~ H E-t ~ CI) g ~ ~ ~ Cl ~ W p:: e e KEN BURKE, CLERK OF COURT PIN.fLLAS COUNTY FLORlDA--- INST# 2005441714 OFF RE 11/03/2005 at 12'43 PM Doc C BK: 14717 PG: 1035-1037 Type:PT REL RECORDING: $27.00 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: -------- -----------------~-------------------------.---- AND WHEN REC~l_..y. MAl!. 10: GMAC Mortgage Corporation Land Title Adjustment Department 3451 Hammond Avenue Waterloo, IA 50702 Prepared by: Pam Klein [Space Above This Line For Recording Data] Servicer Account Number 601076473 PARTIAL RELEASE OF MORTGAGE Know all Men by these Presents, That MERS, a Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), does hereby remise, release, and discharge the premises hereinafter particularly described from the lien ofacertain mortgage ex.ecuted by Lena V.Jones and, andMER8, a-Mort.gage Electronic Registration Systems, Inc. (Lender) dated October 15,2004 and recorded October 21,2004, as Instrument No. 2004414676 in Book 13898, page 1908, of the records of Pine lias County, Florida. Said above-mentioned premises being situated in the County of Pine lias, and State of Florida and particularly described as follows: See Exhibit A attached It is hereby expressly understood that this release shall not affect or impair the security of said mortgage upon any portion of any premises, except the premises hereinabove described. In Witness Whereof, the undersigned has caused these presents to be signed by its proper corporate officer and its corporate seal to be hereunto affixed this October 4,2005. Witnesses: \\\\\\\\\1111111/1/111/11. ~\~~\~.~.~~~S/,IIIQq~~ERS, a Mortgage Electronic Registration Systems, Inc. $ cC-~,"~oRA"'i"~~'\ $ :j ,"0'<' oS'~" ~ ~ ,.- ~ I.4J /(j~"" ~ ~ I 01' ,. .......l. - LU ' 1999 ,I ~ _~ \J\..,\N v'- %-a.... :i~ ~ ~ ". <) ... ... ,t:;S ~ '\ O~:...~I.AW,..~~.;..,~ ~ ~<1-Y ..............J ~~ "/1111{; * \\,\\,~~ /1111/1/11""11\1\1\\\\\1 STATE OF IOWA COUNTY OF BLACK HAWK 55: My Commission Expires: December 10, 2007 MnN: 100037506010764737 (888) 679-MERS R. WEBER NOTARIAL SEAL. STATE OF IOWA COMMI"SION NUMBER 713988 MYCOMMISSI~.N EXPIRES DEC. 10, 2007 l~?- 0, .' e e .., ~ I December 20, 2004 Horizontal Alignment Legal Description Page 1 of 1 04:07 PM Report Template: HORIZ_ALlGN_LEGAL Project Name: North Greenwood Traffic Calming Alignment Name: Lot 1 Alignment Description: EXHIBIT "A" (Page 1 of 2) Beginning at the Northeast corner of Lot #1, Blk. F, Avondale Subdivision, as recorded in Plat Book #7, Page 40, of the Public Records of Pinellas County, Florida, for a POINT OF ---- --.,.-.-..----.---- n - ~-_.--~---SEGINNING:_Thel1cEn~ssumed,S-Z80:J5'Z9"-E-aI0-ng the-EasTboundal)i-ofsaid lot a distance of 9.~4!.eet, to apoint_c)O a curvature on anon-tangent c;u,r:ve; Thence along a curve tothe right having a radius of 59.00 feet, a central angle of 35005'34" an arc length of 36.14 feet, a chord bearing S 55052'00" W, a chord distance of 35.57 feet, to a point of reverse curvature; Thence along a ~_u~e_!()t~e:.I~~., haviI"lQaradil.lsgl:'!LQg.feet, a central anglE;! of a028'42",_anarc length of 6.95 feet, a chord bearing S 69010'26" W, a chord distance of 6.95 feet, to a point of compound curve; Thence along a curve to the left, having a radius of 19.00 feet, a central angle of 35046'28", an arc length of 11.86 feet, a chord bearing S 47004'31" W, a chord distance of 11.67 . --~:reet,toapoint oflntersecttono1liHeNo'rtfIBoun<:lary'ofsaId lot;Thence N 20"45'34" E, along the North Boundary of said lot a distance of 0.83 feet, to a point of curvature; Thence along a curve to the right, also being the North Boundary of said lot, having a radius of 64.90 feet, a central angle of 50007'09", an arc length of 56.77 feet, a chord bearing N 45"49'09" E, a cord distance of 54.98 feet, to the POINT OF BEGINNING; Containing 0.0124 acres, more or less. P:\Clw2050\02m\CADD-data\lnRoads\lot 1 revised.doc ~ .,,' , " (' / / / T L - NT 5 TJ?5.5 - -r - FAIRMO- --- , -- / e _ ---f- - - --- "- o N i / POI NT OF BEGINNING NORTHEAST CORNER EXHIBIT "A" (Page 2 of 2) / R 64.90' L 56.77' C 54. 98' Central Angle 50.07'09" ~.B.N45"49',O,9T _. .._ / if ~<,;, ---------'tl <<, ~/ <..," , / / / / / / / R 19.00' L 11.86' CII.67' Central Angle 35.46'28- C.B. S47"04'31-W R 59.00' l 36.14' C35.57' Central Angle 35. C.B. S55.52'OO" lf4T.oO' l6.95' C 6.95' Central Angle S.2S' 42" C. S. 69.10' 26-W SEE DETAil "A- -- ._-_._---~.--- F I P 314" NO 10 LOT 1 S I RIC 112" F I P J" NO rD A PORTION OF LOT 19 BLK. F9 AVONDALE SUBDIVISION PARTIAL RIGHT -OF -WAY TAKE "NOT A SURVEY" DE T A I L "A" SCAL E: 1"=20' /\1) ~ AMERICAN LAND TITLE ASSOCIATION OWNER'S ~OLlCY.r!o-17-92) POLICY NO. Florida ModIfIed FL 7881-51-05070042C-2005.7110609-70743380 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 !N SCHEDULE BAND 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 become valid when countersigned by an authorized signatory. Issued By: FL 7881 05070042C Somers Title Company 1290 Court Street Clearwater , FL 33756 TICOR TITLE INSURANCE COMPANY OF FLORIDA ~~J /l1'~ L President ~~fL- Secretary OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified) I, . . OWNER'S POLICY Schedule A State: FL County: Pinellas File Number 05070042c Commitment #: 05070042c Policy Number 7110609-70743380 Effective Date 11/03/2005 Effective Time 12:43 P.M. Amount of Policy $3,875.00 Simultaneous #: Reinsurance #: 1. Name of Insured: City of Clearwater, a Municipal Corporation of the State of Florida 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. 03-29-15-01926-006-0010 Portion of Lot 1, Block "F", AVONDALE, according to the map or plat thereof as recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida, more particularly described as follows: Beginning at the Northeast corner of Lot 1, Block "F", AVONDALE, as recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING; thence assumed South 28035'29" East along the East boundary of said lot, a distance of 9.94 feet, to a point on a curvature on a non-tangent curve; thence along a curve to the right having a radius of 59.00 feet, a central angle of 35005'34", an arc length of 36.14 feet, a chord bearing S 55052'00" West, a chord distance of 35.57 feet, to a point of reverse curvature; thence along a curve to the left, having a radius of 47.00 feet, a central angle of 8028'42", an arc length of 6.95 feet, a chord bearing S 69010'26" West, a chord distance of 6.95 feet, to a point of compound curve; thence along a curve to the left, having a radius of 19.00 feet, a central angle of 35046'28", an arc length of 11.86 feet, a chord bearing S 47004'31" West, a chord distance of 11.67 feet, to a point of intersection on the North Boundary of said Lot; thence N 20045'34" East, along the North boundary of said lot, a distance of .83 feet, to a point of curvature; thence along a curve to the right, also being the North boundary of said Lot, having a radius of 64.90 feet, a central angle of 50007'09", an arc length of 56.77 feet, a chord bearing N 45049'09" East, a chord distance of 54.98 feet, to the POINT OF BEGINNING. Issued By: 7881 * 05070042c 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. Co I, , . 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, orright 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 clain 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 2005, 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 building line to the front lot line as shown on Plat of Avondale, recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida. Policy #: 7110609-70743380 2 File #: 05070042c 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: . 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location 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 I/md 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the righls 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 daimant (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disclosed in writing to the Company by the insured daimant prior to the dale the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant (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 creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferentiallransfer results from the failure: (i) 10 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 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the 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 [AI, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines ofthe area described or referred to in Schedule [AI, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of 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 The coverage of this policy shall continue In force as of Date of Policy In favor of an insured only so long as the insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or 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 (Iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 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 ofthese 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 hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall hav~ 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. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining 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 the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. . . CONDITIONS AND STIPULATIONS - CONTINUED 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. In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment oftheAmount of Insurance.To payor tender payment of the amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the 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 or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this 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 This 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. (a) The liability of the Company under this policy shall not exceed the least of: (I) the Amount of Insurance stated in Schedule A; or, (Ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The 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 [AI 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 otherwise' been agreed upon as to each parcel by the Company and the insured at the time ofthe issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF L1ABILTY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability .of title, all as insured, in a reasonably diligent manner by any method, inc!udinglitigation and the completion of any appeals there from, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there from, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the,amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement ofthe payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Comoanv's Right of Subrogation.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 ofthe 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 , :~ -# '5" CONDITIONS AND STIPULATIONS - CONTINUED A copy of the Rules may be obtained from the Company upon request. the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Comoany's Rights Against Non-insured Obligors.The Company"s right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights ofthe 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 parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) maybe entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title InsuranoeArbitration Rules. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision ofthis policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Ticor Title Insurance Company of Florida, Claims Department, P.O. Box 45023, Jacksonville, Florida 32232-5023. Telephone: (877) 862-9111. . ~ -I 0 3 -I CD Z ., ("')J>,. -I ~ n' ::0 r- III - III 5l<D m Z OC n ,...::l ~CIlW G) m !i 2 I""' o~ro 6 m 'n~ 0 0::1 III -...IO"IIl ZO~ 'nZ ::!. "II ::l 'NCD- z JJ :2.c. 0') ~ CD ~ ~n 3:n-t 0- ::JJ I""' C/)'TIC/) 0'" 0'< -. &-nO 0 C "tJ :Un -I a.... - Or-Ill 'Tl ~ 0 -0 3i~iD U1Wc. ~I: - ~';'I ~ ONJ>,. 'Tl -I (; -"'en -...IW Z C ~ "'en 00') m r- 0 -...I () () Z m C1 m -< -< Ai' - 0' ::l CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: LENA V.JONES, a single woman, (herein "Seller"), of 216 S. E. Coachman Drive, Lawton, Oklahoma 73501 Cell Phone: (727 ) 744-2470, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein UBuyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: Michael D. Quillen, P. E., Director of Engineering, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: A portion of Lot 1, Block F, AVONDALE SUBDIVISION as recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida, containing 0.0124 acres, more or less, as more particularly described in EXHIBIT "A" appended hereto and by the reference made a part hereof. PERSONALTY: NONE 2. FULL PURCHASE PRICE ............................................................. .$ 3,87500 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing .......................................... $ 3,87500 4. PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. The Purchase Price is based upon an appraisal performed by K. Mitchell Caldwell, MAl dated July 2, 2005. 5. PARTIAL RELEASE OF LIEN Notwithstanding any other provisions contained herein, Seller's obligation to sell, and Buyer's obligation to purchase the Real Property described herein is subject to the release of the lien of that certain mortgage and other instruments of security dated October 15, 2004 in favor of GMAC Bank, a banking corporation organized and existing under the laws of Pennsylvania, as same is recorded in O. R. 13898, Page 1908, Public Records of Pinellas County, Florida. It is intended by the parties hereto that the Full Purchase Price established in Paragraph 2 above shall be sufficient to secure the release of the subject Real Property from the encumbrance of said mortgage lien, and that any sale proceeds in excess of funds required to secure the partial release of lien shall be payable to Seller at closing. 6. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 5 working days following delivery in duplicate original to the Director of Engineering, City of Clearwater, for acceptance, approval and execution; following which, a fully executed original counterpart will be immediately returned to Seller. , ' 7. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 8. TITLE EVIDENCE Buyer may, at Buyer expense and within not less than ten (10) days prior to closing date obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafte~, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 9. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller, mortgagee (if any) and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 10. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within thirty (30) days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. Page 2 of 6 11. CLOSING DOCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 12. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Buyer shall pay the cost of recording the deed and any corrective instruments. 13. PRORATIONS; CREDITS There shall be no proration of taxes, assessments, rent (if any) and other revenue of the Property in connection with this transaction. 14. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. 16. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of su~h notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. Page 3 of 6 17. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 18. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specity known defects. If none are known, write "NONE") Buyer shall have until ten (10) days prior to closing to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 19. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 20. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 21. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. Page 4 of 6 22. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 23. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 24. TYPEWRITrEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 25. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 26. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 27. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 28. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the . parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. Page 5 of 6 Signatories RE: Portion of Lot 1, Blk. F., AVONDALE SUB. Seller: Lena V. Jones Buyer: City of Clearwater Date Executed by Seller: Sallal': h~ ,2005 Lena V. Jones APPROVED & EFFECTIVE this ~ day of -+~ ,2005 Suyal': CITY OF CLEARWATER, FLORIDA By: ~~J.q Michael D. Quillen, P. E. Director of Engineering Page 6 of 6 December 20, 2004 Horizontal Alignment Legal Description Page 1 of 1 04:07 PM Report Template: HORIZ_ALlGN_LEGAL Project Name: North Greenwood Traffic Calming Alignment Name: Lot 1 Alignment Description: EXHIBIT "A" (Page 1 of 2) Beginning at the Northeast corner of Lot #1, Blk. F, Avondale Subdivision, as recorded in Plat Book #7, Page 40, of the Public Records of Pinellas County, Florida, for a POINT OF ~~---=-::-=-~~----aEGIN~ThenceASsjjmea-',$-28..35'29" E-a1ong the-EasfbOur..-aaiY of sai(f lot-saistanGe-Of 9.94..!eet, to C1Point_~n a curvature on a non-tangent curve; Thenceal()ng a cllrve tothe right having a radius of 59.00 feet, a central angle of 35005'34" an arc length of 36.14 feet, a chord bearing S 55052'00" W, a chord distance of 35.57 feet, to a point of reverse curvature; Thence along a curve to the left, having a radius of 47.00 feet, a central angle of 8028'42", an arc length of 6.95 feet, a chord bearing S 69010'26" W, a chord distance of 6.95 feet, to a point of compound curve; Thence along a curve to the left, having a radius of 19.00 feet, a central angle of 35046'28", an arc length of 11.86 feet, a chord bearing S 47004'31" W, a chord distance of 11.67 feet, to-a point ofinfers8ctiotion]heNorth-Soun-aaryofsaiCflot; Thence N20045'34" E, alonguthe-u- North Boundary of said lot a distance of 0.83 feet, to a point of curvature; Thence along a curve to the right, also being the North Boundary of said lot, having a radius of 64.90 feet, a central angle of 50007'09", an arc length of 56.77 feet, a chord bearing N 45'"49'09" E, a cord distance of 54.98 feet, to the POINT OF BEGINNING; Containing 0.0124 acres, more or less. - - P:\CIw2050\02m\CADD-data\lnRoads\lot 1 revised.doc - - . . / / T 1- - .JfINT 5 T_R~ - -r - FA,R~- - , -' / - _ -4.- - - - - - o N - , / / / ~y ..).~. - -~~/-- - -- - -- --~,-- -~/ <c," , / / / / / / / R 64.90' L 56.77' C 54.98' Central A~le 50.07'09" ____~._N4L4.9'09:E __ EXHIBIT "A" (Page 2 of 2) R19.00' [11.86' C 11.67' Central An~le 35.46'28" C.8. S4T04'31"W FIP 3/4- NO ID A PORTION OF LOT '9 BLK. F 9 AVONDALE SUBDIVISION PARTIAL RIGHT -OF -WAY TAKE "NOT A SURVEY" OETA I L "A'" SCALE: 1"=20' (Pt1rtted on Oct lA, 2005@ 10:23) A. US Department of Housing and Urban Development SETTLEMENT STATEMENT OMB No. 2502-0265 f 1. [] FHA 2. [] FmHA 3. [] Conv. Dnins. 6. File Number: 4. VA 5. Conv. Ins. 05070042c 7. Loan Number: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and 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: Cit of Clearwater PO Box 4748 Clearwater, FL 33758 E. NAME AND ADDRESS OF SELLER: Lena V Jones 216 SE Coachman Drive Lawton, OK 73501 F. NAME AND ADDRESS OF LENDER: G. PROPERTY LOCATION: 1631 Fulton Avenue Clearwater, FL 33755 H. SETTLEMENT AGENT: SOMERS TITLE COMPANY 727-441-1088 Contact: MARIANNE SCHAFFER I.. SETTLEMENT DATE: 10/31/2005 PLACE OF SETTLEMENT: SOMERS TITLE COMPANY 1290 COURT STREET CLEARWATER, FL 33756 DISBURSEMENT DATE: 10/31/2005 I K. SUMMARY OF SELLER(S) TRANSACTION 400. GROSS AMOUNT DUE TO SELLER : I J. SUMMARY OF BORROWERCS) TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101. Contract sales_price 3 875.00 401. Contract sales price I 3,875.00 102. Personal Property 402. Personal Property 103. Settlement chal'ges to borrower (line 140Q} 424.00 403. 104. 404. 105. 405. Adjustments for items paid by Seller in advance Adjustments for items paid by Seller in advance 106. City/town taxes 406. City/town taxes 107. County taxes 401. Coun~ taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 4 299.00 420. Gross Amount Due Seller 3,875.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER : 201. Deposit or earnest mon~ 501. Excess deposit (see instructions) 202. Principal amount of new loan(~ 502. Settlement charges to seller_(1ine 1400) 203. Existing loan(s) taken su~ct to 503. Existing loan(s) taken subject to 204. 504. P~off of first mOr!g~e loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 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. COlIl!!Ltaxes 212. Assessments 512. Assessments 213. 513. . 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid Bv/For Borrower 520. Total Reduction Amount Due Seller 4299.00 3,875.00 4299.00 3 875.00 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 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. . Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. (Pli~ted on Oct 14.2005 @ 10:23) L. ..t ~(\ Totai SalesIBroker's Commission based on price us Department of Housing and Urban Development SETTLEMENT CHARGES OMB No. 2502-0265 70 I. Listin Realtor Commission 702. Selling Realtor Commission 703. Commission aid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori ination Fee 802. Loan Discount 803. A raisal Fee 804. Credit Re ort 805. Lender's Ins ection Fee 806. Mort a e A lication Fee 807. 808. 809. 810. 900. ITEMS RE UlRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from 902. Mort a e Insurance Premium for 903. Hazard Insurance Premium for 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 1002. Mort a e insurance 1003. Cit ro ert taxes 1004. Coun ro ert taxes 1005. Annual assessments Paid from Borrower's Funds at Settlement Paid from SeHer's Funds at Settlement 1101. Settlement or closing fee To: STC 70.00 1102. Abstract or title search To: STC / A. Gatliff 70.00 1103. Title examination To: STC 55.00 1104. Title insurance binder 1105. Document preparation 1106. Attorney's Fees 1107. FL Risk Rate (Includes above item numbers: ) 1108. Title Insurance To: SOMERS TITLE COMPANY 100.00 (Includes above item numbers: ) 1109. Lender's coverage @ 1110. Owner's coverage3,875.00 @ 100.00 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordin fees: Deed $27.00 Mort a e $0.00 Releases $0.00 To: Clerk of the Court 1202. Cit /count tax/starn s: 1203. State tax/starn s:Exem t 1204. Record Partial Release of Mort a e To: Clerk of the Court 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve 1302. Pest ins ection 1303. Mailawa Doc. Pre 1304. 1305. 27.00 27.00 75.00 1400. Total Settlement Cha es enter lin lines 103 Section J and 502 Section K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me i ransaction. I further that I have rec 'ved a copy of HUD-1 Settlement State~ent BORROWER(S . SELLER(S i I (' flrl)/L V \ Rtffi.--. Lena V e '\ ment 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 S M I NOTE: Taxe,S'ha e maintenanc;;e fees) a've 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 fonm. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. OJ.