HomeMy WebLinkAbout1982 Sink, DonaldI R -850 aa�
WARRANTY DEED RAMCO FORM 34
FROM INDIVIDUAL TO CORPORATION
This barranty Deed Made the /1 day of November A. D. 19 82 by
DONALD L. SINK and MARIA I. SINK, his wife
hereinafter called the grantor, to
CITY OF SEBASTIAN r A MUNICIPAL CORP.
a corporation existing under the laws of the State of Florida with its permanent postof f ice
address at City Hall, Main Street, Sebastian, Florida 32958 ,
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WURCSseth: 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, re-
mises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian Ri ver
County, Florida, viz:
_Lot 2, Block __208,__SEBASTIAN HILHLANDS._, UNIT_10, a subdivision accordinq to the
Plat thereof, as recorded in Plat Book 6, Page 37 of the Public Records of Indian
River County, Florida.
Subject to all valid restrictions, reservations and zoning of record.
ST. -AMT. S
WRIGHT, Clerieosfj Ircult C
Rover County - by
X00% " 4 'a r rr ADO'Y
RECD ' CIF I 0
1982 NOV 24 iH 4: 06
t t4 1 F -Iti i E1''JRT
A. i9 C.
Together with all the tenements, hereclitaments and appurtenances thereto belonging or in any-
wise appertaining.
To have and to -.old, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 81
"THIS INSTRUMENT WAS RREPAREO BY
EXECUTIVE TITLE OF INIDIAN RIVER,
P. 0. BOX 056, SEBASTIAN, FL 32973
AS A NECESSARY INCIDENT TO THE F"'L-
FILL @SENT OF CONDITIONS CONTAINED i,ti! A
TITLE INSURANCE COMMITMENT ISSUED BY
IT"
In fitness thereof, the said grantor has hereunto set hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence: rn
-- -----
DtinaTiTC: -- ink - -
Maria I. Sink =_
S 'ATE —OF —
COUNTY OF ,
I HEREBY CERTIFY that on tti s�day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgmentsLi::personally appeared
DONALD L. SINK and MARIA I. SINK, his wife aQ
to me known to be the erson described in and who executed the foregoing instrument and 9 '
P $ g g they acknowledged
before me that theyexecuted the same.
WITNESS my,hand and official seal in the County and State last aforesaid this �/ day of
November
le
....
.. .................. .. ... ....... ........
Sell) No Publ i ,State f Ar' zona
V My Commissi expir
h My commission Wim ®r,
This Instruniearttldlse -
x 127,
O
CONTRACT FOR SALE AND PURCHASE
PARTIES: Donald and Maria Sink , as "Seller".
of %o Associates Realty of I R , Inc (Phone �T3122 ►.
and City of Sebastian as "Buyer",
ofd o Associates Realty of T.R., Tne. (Phone -3122 ),
hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions WHICH INCLUDE the Standards For
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to as "Standard(s) ".
DESCRIPTION:
(a) Legal description of real estate ( "Property ") located in T1) d lan River County, Florida:
Lot 2, Block 208, Unit 10, Sebastian Highlands
(b) Street address, if any, of the Property being conveyed is Rosebush Terrace
(c) Personal property included:
PURCHASE PRICE: . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . : . . . . . . . . .. . . . . . . . .. . .$ 3 .50Q. 00
PAYMENT:
(a) Deposit(s) to behold in escrow by Associates Rp„al ty of T _ R _ TDG
(b) Subject to AND assumption of Mortgage in favor of
in the amount of . . $ 350.00
bearing interest at � —% per annum and payable as to principal and
interest $ per month, having an approximate present principal balance of . . . . . $
(c) Purchase money mortgage and note bearing interest at R/A % on terms set forth herein below, in the
principal amount of . . . . .. . . . . . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .$
(d) Other N,IA $
(e) Balance to close, (U.S. cash, certified or cashier's check) subject to adjustments and prorations . . . . . . . . .$ 3 -1 5n- on
TOTAL . . . . .$ 3-500.00
III. FINANCING: If the purchase price or any part thereof is to be financed b a third party loan, this Contract for Sale and Purchase, ( "Contract "), is con
di��r�,, upon the Buy taming a firm commitment for said loan within N,ZA days from date hereof, at an interest rate not to exceed
W/% %; term of years; and in the principal amount of $ N� Buyer agrees to make application for, and to use reasonable dili-
gence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
IV. TITLE EVIDENCE: Within 15 days from date of Contract, Seller shall, at his expense, deliver to Buyer or his attorney, in accordance with
Standard A., either (CHECK) [3(1) orJV (2): (1) abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer is not executed by both of the parties hereto on or before No vemhar 2' 3Q$2
the aforesaid deposit(s) shall be, at the option of Buyer, returned to him and this offer shall thereafter be null and void. The date of Contract ( "Effective Date ")
shall be the date when the last one of the Seller and Buyer has signed this offer.
Vl. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on the 1 5thday of NOVe)]1hP.r
19 82 , unless extended by other provisions of Contract.
VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subject to: Zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utility easements of record, (provided said
easements are located contiguous throughout the property lines and are not more than 10 feet in width as to the rear or front lines and 7%, feet in width as to the
side lines, unless otherwise specified herein); Taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any;
other:
provided, however, that none of the foregoing shall prevent use of the Property for the purpose of
VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing,
the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of Property at
time of closing unless otherwise specified below. If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property from date of occu-
pancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property, real and personal, in its existing
condition as of time of taking occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer ❑may assign IXmay not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addenda shall control
all printed provisions in conflict therewith.
Xl. INSULATION RIDER: If Contract is used for the sale of a new residence, the Insulation Rider shall be attached hereto and made a part hereof.
XII. SPECIAL CLAUSES:
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Copyright 1981 by The Florida Bar and the Florida Association of REALTORS
Executed by Buyer on
WITNESSES: (Two recommended but NOT required)
(SEAL)
(Buyer)
(SEAL)
- - -- - — - _ - - ——'- - — _ - -- -- (Buyer)
Executed by Seller on-
WITNESSES: (Two recommended but NOT required)
(Seller)
(Seller)
Deposit(s) under 11 (a) received; if check, subject to clearance.
(SEAL)
(SEAL)
By;
(Escrow Agent)
BROKERAGE FEE: Seller agrees to pay the registered real estate Broker named below, at time of closing, from the disbursements of the proceeds of sale, com-
pensation In the amount of % of gross purchase price or $ , for his services in effecting the sale by finding a Buyer, ready,
willing and able to purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the
Broker's fee above computed, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be
paid to Seller. If the transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee In full to Broker on demand.
(Name of Broker)
REV.: 3/81
(SEAL)
(Seller)
(Seller)
(SEAL)
(SEAL)
r awitent
EXECUTIVE TITLE OF INDIAN RIVER, INC.
Fischer Professional Bldg.
South U.S. 1 Suite 3
Sebastian, Fla. 32958
BUYERS City of Sebastian ESCROW FI LE NO
SELLERS Donald L. & Maria- I. Sink
IR -850
CLOSING D.ATE November 15, 1982
LEGAL DESCRIPTION Lot 2, Block 208 BROKER Associates Realty of Indian River
Sebastian Highlands, Unit 10
CHARGES FOR WATER, RENTS, GAS, ELECTRICITY, TAXES ON PERSONAL PROPERTY OR LICENSE NOT ADJUSTED.
THIS COMPANY ASSUMES NO LIABILITY FOR THESE ITEMS.
SECTION 1 — EXPENSES
Purchase Price ............................................... ..............................S 3,500.00
RecUrding Fees .... Warranty ... Dead .......... ............................... 9.00
TitleInsurance ............................................. ...............................
State Documentary stamps on Note .......... ...............................
Mortgage Escrow Account ........................... ...............................
Prepaid Real Estate Tax ............................... ...............................
Prepaid Hazard Insurance Premium ............ ...............................
Surve� . ........................................................... ...............................
TOTAL EXPENSES $ 3,509.00
SECTION 2 — CREDITS
Deposit held by Associates Realty S 350.00 _
Existing Mortgage assumed by Buyer
Interest
Mortgage to Seller _
Proceeds of Loan
"'Proration of Real Estate Tax 1/1/82 - 11/15/82 @ .09 per day
based on yearly est. of 33.53 28.71
Proration of Rents
TOTAL CREDITS S 378.71
BALANCE DUE FROM BUYER 5 3,130.29
in the event that the actual tax bill is
different from the figure Shown above,
Buyer and Seller hereby agree to adjust
the difference between themselves.
MORTGAGE INFORMATION
Loan No.:
Date Next Due:
Amt. of Payment:
Mail To:
ETA 130
I have read the foregoing statement and hereby approve the same.
CITY OF SEBASTIAN
BY; Pat Flood, Jr., Mayor
STANDARDS FOR REAL ESTATE TRANSACTIONS
EVIDENCE OFTITLE be an ac abstract efsynlopsis prepared or
instruments uments affet ng thetitle to subject Property recorded (if
in the public records of the correct by firm) purporting
he Property is situated, ooe is situated. h Effective sDat conveybatmarketable°title subje tlonly toeliens, encumbrances, a cept ons orqualificat o s et forth In this Cou-
nty wherein the
:t and those whicY, shall be discharged by Seller at or beforree closing. Marketable title shall be determined in accordance with applicable Title Standards adopted
authority of The Florida Bar and dine cord n e with IL�J osing of this
insurance commitment transact uissuedsbyca qualified t t e insuroreagreeing toaissue to Buyer1, upon
retention thereof by mortgagee Y Paid
�rding of the deed to Buyer, an owner's policyo stsetefor hran this Conti c� and t ose which shall be discharged by Seller atuoebefore closing. Property, Buy shall
V to liens, encumbrances, exceptions or
e 30 days, if abstract, or 5 ,lays, if title commitment, from date of receiving evidence of title to examine same, if title Is found defective, Buyer shelf, within 3
tch to thereafter, defect(s). 'and writing
f Se specifying
s u succe sful inire said removing title timerBuyere�Saeilhave the option of eithe�(1) tacceppt accepting the sctitle sas1it
ify es snail, or (2) al fudthera refund under monies i e Contract howeveh'Sellealagrees h that he will,, if ttleois8found to be unmarketable, sable, use diligent effort tolcorrect the
ect(s) in title within the time provided therefor, including the bringing of necessary suits. and whether
E I
mortgage(s) MO � g od ca: Seller shall aall furnish a statement from approval the Buyer bysthe mortgagee principal
o dpor toaavo d default,,iorfforassumption rby the eBuyer of said
rr
any geea d the moo gage $100.00, otBuyee m
ve ay e Buyer, rescind the Cont act unless ssSel Seiler e e is torpay suchInc ease or
excess. Seller and interest rate
each pay 50% o ase in the
ch fee. Buyer shall use reasonable diligence to obtain approval. The amount tg any escrow deposits
a l provide or a 30gdayeg shall be credited
ace period in the to event l tof default if it is a
PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, p not provi
st mortgage and a 15 day grace period if a second mortgage; shall provide n shall r right of o prepayment and in content required tbylSellller's attorney; prlovided, hooweve,
:elevation or interest adjustment in event of resale of the Property,
Ile, may only require clauses customarily found in mortgages and mortgage notes generally utilized by savings and loan institutions o the county wherein t e
operty is located. Said mortgage shall require this ofnor iutuie adva cesrunderoprriior mortgage(s). All personal property being econveyed wall, at option of Seller,,
vner of the Property from accepting
subject to the lien of the mortgage and evidenced by recorded Financing Statements.
of, may have the Property surveyed at his expense. If the
SURVEY: The Buyer, within time allowed for delivery of evidence of title and examination there ovements intended to be located on the Property in fact
rvev. certified by a registered Florida surveyor, shows any encroachment of said Property or that impr
croach on lands of others, or violate any of the Contract covenants, the same shall be treated as a title defect.
'i ERMITES: The Buyer, within time allowed for delivery of evidence of title and examination thereof, or no later than 10 days prior to closing, whichever date
curs lest, may have the improvements inspected at Buyer's expense by a Certified Pest Control Operator to determine whether there it any visible active termite
.curs i jest, or visible existing damage from termite infestation in the improvements. If Buyer is informed of either or both of the foregoing, Buyer will have 4 days
om ;late of written existing thereof or 2 days after selection of a contractor, whichever occurs first; within which to have all damages, whether visible or not, in.
, ct d such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 days after receipt of contractor's repair estimate y glvin9
acted and estimated bV a licensed building or general contractor. Seller shall pay valid cots of treatment and repair of all damage up to 1 %% of Purchase Pr ce.
id Purchase Price. ellTermites'ysha l be elect to tr�nclude alit transaction, in which
destroying organismsrequired to bearlepo reported under the
Florida Pest Control Act�ual to 1 %% of ent Buyer
! NGRESS AND EGRESS: Seiler warrants that there is ingress and egress to the Property sufficient for the intended use as described in Paragraph VII hereof
,e title to which is in accordance with Standard A. sh to Buyer Copies
. LEASES: Seller shall, not less than 15 days prior toratesing, advanced rent and ecurityadeposits paidsbyat nant. In the event Seller is unable to obtain gsuch
ature and duration of said tenant's occupancy,
tter from each tenant, the same information shall be furnished by Seller to Buyer within said time period in the form of a Seller's affidavit, and Buyer m
,ereafter contact tenants to confirm such information. Seller shall deliver and assign all original leases to Buyer at closing.t
LIENS: Seiler shall, both as to the Property and personalty being sold hereunder, furnish to Buyer et time of closing an affidavit attesting to the absence, unless further at
rherwise provided for herein, of any financing statements, claims of lien or potential lie has been nimproved within said time, Seller shall deliver ere eases or waivers testing that there
,ents to the Property for 90 days immediately preceding date of closing. If Property and materialmen, in addition to Seller's lien affidavit setting forth the names of
f all mechanic's liens, executed by general contractors, subcontractors, suppliers,
11 such general contractors, subcontractors, suppliers and materialmen and further reciting that in fact all bills for work to the Property which could serve as a basis
ar a mechanic's lien have been paid or will be paid at closing.
he office of attorney or other closing agent designated by Seller.
PLACE OF CLOSING: Closing shall be held in county wherein Property is located, at t
TIME: Time the essence sh this Contract. Any reference herein to time periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun-
It
and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full
usiness day.
DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be required n
1.
onnection with perfecting the title. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
EXPENSES: State doc6tnentary stamps which are required to be affixed to the Instrument of conveyance, intangible tax on and recording of purchase money
nortgage to Seller, and cost of recording any corrective instruments shall be paid by Seller. Documentary stamps to be affixed to the note or notes secured by the
,urrhase money mortgage, cost of recording the deed and financing statements shall be paid by Buyer.
A. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable
issesount and avarlableataxe�wel be prorated basesd uponsuch assessment, andgthe prioryear's tmillage If current year's tassessmentisnnotfavaillable, then taxes will
Preronot in existence onyJenuarY tax; provided,
st oft he however, if there are
then taxes allllibeepro at d based upon the prior eryear January ist of
and at ana equitable nass assessment to rbs geed
th' ipon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration homestead
=xemptton, if any. However, any tax proration based on an estimate may at request of either party to the transaction be subsequently readjusted upon receipt of
;ax bill on condition that a statement to that effect is set forth in the closing statement.
N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not a of Effective Date) are to be paid
Eifeet +vie Dae'nauclh pending dlaen shall be 9onsshall
deredsas certified, ed, confirmed ordratif edvandtSeller shallt at closing, be charged an amount tegsualct the rlat estimate
by the public body, of the assessment for the improvement.
O PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major appliances, heating, cooling, electrical, plumbing systems, and machinery are n main
tenan1ce thereof, and shall report eporp in writing closing. to Seller sucha tems his s foundsnot ineworkingocondit on priordto taking yof possesionlhereof!1og 6 in the days prior to and ling,
failures shall best. Unites at Buyer resorts failures within
therefor escrowed eat shall be closing. Semeda9 eel to provide artless for inspection upon reasonable Hotta. slid reported
p. RISK OF LOSS If the improvements are damaged by fire or other casualty prior to closing, and costs of restoring same does not exceed 3 %ofth Assessed nxracx
Valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms o oBuyer
Vale cost therefor escrowed n closing. In the event the cost of repair or restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shall have the option escrowed
either taking the Property as is, together with either the said 3% or any insurance proceeds payable by virtue of such loss or damage, or of
cancelling Contract and receiving return of deposit(s) made hereunder, date, personal property referred to in Standard O.
O. MAINTENANCE: Notwithstanding the provisions of Standard O., between Effective Date and closing
, shrubbery and exclepro eand Buyerdi g lawn 's designee will be permitted accessfor inspect on prior tsoeclosing in orderlOto confirms compliance with
and Standard. dry wear and ed as of R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense,
R. show title S Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, and the cash pro-
f eds of sale shell be held in Seer's titles isrrendeledaunmarketab ee8uyersshell within t as may be said 5 day period, mutually SeperninoweitPng , of tFte defect and tSe lei shall
have 30 days from date of receipt of such notification to cure said defect. in the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon
Itaneously v rut same to o the Seller and within ed. In the event Buyer ofails to ,Hake timely demand for refund, heashall take the asae, waiving all, fights against rSeller
r warranties, in to
rpurchase
as to i int r eningdef except as ay b vailable to ge sof the lending institution as pla a tt me of day and p o eduesorcls-
price s to from c financing refinancing, requteme t
ai disbursement mortgage is control, anything the contrary notwithstanding. the Seller shall
commitment that it will n tw hhold disbursement mortgage proceeds as a resu tofany title
have the right require from such lending aclosing a
defect attributable to Buyer -mortgagor. The escrow and closing procedure required by this Standard may be waived in the event the attorney, title agent or closing
agent Insures against - adverse matters pursuant to Section 627.7841, F.S. as amended.
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same. in escrow and to disburse
In the elvent of doubt aseto his duties orl with terms and
the provisions of this Contract, the escrowlagent may in,hist sole la court compete t hold the monies
which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a rout h competent jurisdiction shall
determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County except
having the jurisdiction
accounting for any mon upon
ies theretofore notifying departed out concerned f sue lace sedasealaestate broker, epthe escrowee will comply with provisions Of •Section extent
475. ( 1) (ders, S. n amended. of tanyrsu ttwhere n esicrow agent Bint
Buyer eads thle subject lmatterescrow
of othis escrow, nthe a cPow agent shall be entitled to recover a
escrow agent shall not be liable able[ osany party orpe son whomsoever be
or m sdev ery tosBuyer or Seiler of monies v subject ct t t this aessc ow, unless) uch'misdeleiverty shall
he due to willful breach of this Contract or gross negligence n with any the part of the escrow agent.
T. ATTORNEY FEES AND COSTS: In connectioy litigation including appellate proceedings arising out of this Contract, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs.
U. DEFAULT: If Buyer fails to perform this Contract within the time specified, the deposit(s) paid by the Buyer aforesaid may be retained by ha for the account
of Seller as all obligations qundere he Congtract consideration
Seller, at his option, may proceed Contract and in
in equity po eniforce ent his flegal right under this, the Buyer for seek specific per-
than failure of Seller to render his title marketable after dillig'ent effort, Seiler fails, neglects or refuses to perform this Contract, the Buyer may seek specific per-
formance or elect to receive the return of his deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
This OCo tact she I bind and RECORDABLE,
inuDre Bo h benefOitvof BOUND
partDies heDretlo anld heir successors no interest. Whenever tthe context perlmts, sing Tarr shale include ,plu al and
one gender shall include ail. Notice given by or to the attorney for either party shall be as effective as if given by or to said party.
W. PROBATIONS AND INSURANCE: Taxes, assessments, rent, interest, insurance and other expenses and assumable,finhwhich event premiums l she I be o orated
of closing. Buyer shall have the option of taking over any existing policies of insurance on the Property,
The cash at closing shall be increased or decreased as may be required by said proretions. All references in Contract to prorations as of date of closing will be
deemed "date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein.
X. CONVEYANCE: Seller shall convey title to the Property by statutory warranty deed subject only to matters contained in Paragraph V11 hereof and those other-
wise accepted by Buyer. Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may
be otherwise provided for herein.
resentations shall binding upon any of the parties hereto unless Incorporated in this Contract.
Y. OTHER AGREEMENTS: No prior or present agreements or rep he parties unless ess in writing, executed by the parties to be bound thereby.
No modification or change in this Contract shall be valid or binding upon t
T>
E%ECUTM -., TITLE OF i N MAN RIVER, INC.
\u•rc r tirr 1 \
RECEIVED DEC 1 6 '1982
City of Sebastian
Attn: Mayor Flood
Main Street
Sebastian, Florida 32958
December 13, 1982
� gp JJJDL.'J
Re: Purchase of Lot2, Block 208, Sebastian Highlands, Unit 10
Our file rIR850
Dear Mayor Flood.:
Enclosed please find your recorded Warranty Deed and your Owner's Policy
of Title Insurance, insuring you as to the above-described property.
Should you decide to sell, or increase the value of your property by
building, please bring this letter and the enclosed policy and we will
be glad to give you a discount on that transaction.
Thank you for letting us be of service to you.
future assistance, please let us know.
Sincerely,
Maria Hart
Manager
Should you require any
n
IMA
SAFECO I, D. N o. 698 - O P N? 000,527
POLICY OF TITLE INSURANCE
ISSUED FROM THE OFFICE OF
EXECUTIVE TITLE OF INDIAN RIVER, INC.
P. O. Box 856 - Fischer Professional Building - Suite 3
Sebastian, Florida 32958
SAFECO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,
SAFECO TITLE INSURANCE COMPANY, a California 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, and costs, attorneys' fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as
stated therein;
2. Any defect in or lien or encumbrance on such title; or
3. Lack of a right of access to and from the land.
In Witness Whereof, SAFECO Title Insurance Company has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Secretary
rof
f 7z
"4th ;� cr jEj�ar
An Authorized Signature
I I ALTA OWNER'S POLICY - FORM A 1970 (Amended 10- 17 -70) 11
Y-64�-P4
/V�' # President
FLP -218 (Rev. 12 -79)
SAFECO TITLE
INSURANCE COMPANY
POLICY OF
TITLE
INSURANCE
SAFECO
SAFECO TITLE
INSURANCE COMPANY
HOME OFFICE
13640 ROSCOE BOULEVARD
PANORAMA CITY, CALIFORNIA 91409
SAFECO TITLE
INSURANCE COMPANY
SCHEDULE B
Policy No. OP- 000527
Th.is policy does not insure against loss or damage by reason of the following:
STANDARD EXCEPTIONS
(a) Taxes or special assessments which are not shown as existing liens by the public records.
(b) Rights or claims of parties in possession not shown by the public records.
(c) Easements, or claims of easements, not shown by the public records.
(d) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey or inspection of the premises.
(e) Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
(f) Any adverse claim to any portion of said land which has been created by artificial means or has
accreted to any such portion so created and riparian rights, if any.
SPECIAL EXCEPTIONS
1. All taxes and assessments for the year1982 and all subsequent years.
2. Restrictions as recorded in Official Records Book 99, Page 366 and in Official
Records Book 101, Page 185 of the Public Records of Indian River County,
Florida.
3. Easement for Public Utilities and Drainage over and across the rear 10 feet
and the side 6 feet, per Plat, as recorded in Plat Book 6, Page 37 of the
Public 1iRecords of Indian River County, Florida.
SCHEDULE B
ALTA OWNERS Policy (Florida)
FLP -218 -B (3 -79) SAFECO
SCHEDULE A
Agents File No. I R -850
Amount of Insurance: $3, 500.00
1. Name of Insured:
CITY OF SEBASTIAN , A MUNICIPAL CORP.
Date of Policy: November 24, 1982 @4:06 PM
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:
CITY;OF SEBASTIAN, A MUNICIPAL CORP.
4. The land referred to in this policy is situated in the State of Florida, County of In di an Ri ver
and described as follows:
Lot 2, Block 208, SEBASTIAN HIGHLANDS, UNIT 10, a subdivision according to the
Plat thereof, as recorded in Plat Book 6, Page 37 of the Public Records of Indian
River County, Florida.
SCHEDULE A
ALTA Owners Policy (Florida)
FLP -218 -A (Rev. 2 -80)
9)
SAFECO
OI
CONDITIONS AND STIPULATIONS`-(Continued and Concluded From Reverse Side of Policy Face)
Whenever requested by the Company, such in-
sured shall give the Company all reasonable aid
in any action or proceeding, in effecting, settle-
ment, securing evidence, obtaining witnesses, or
prosecuting or defending such action or pro-
ceeding, and the Company shall reimburse such
insured for any expense so incurred.
4. Notice of Loss - Limitation of Action
In addition to the notices required under
paragraph 3(b) of these Conditions and
Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is
liable under this policy shall be furnished to the
Company within 90 days after such loss or
damage shall have been determined and no right
of action shall accrue to an insured claimant until
30 days after such statement shall have been
furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the
Company under this policy as to such loss or
damage.
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to pay or
otherwise settle for or in the name of an insured
claimant any claim insured against or to terminate
all liability and obligations of the Company
hereunder by paying or tendering payment of the
amount of insurance under this policy together
with any costs, attorneys' fees and expenses
incurred up to the time of such payment or tender
of payment, by the insured claimant and
authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this
policy shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in
Schedule A.
(b) The Company will pay, in addition to any
loss insured against by this policy, all costs im-
posed upon an insured in litigation carried on by
attorneys' fees and expenses in litigation carried
on by such insured with the written authorization
of the Company.
(c) When liability has been definitely fixed in
accordance with the conditions of this policy, the
loss or damage shall be payable within 30 days
thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under
this policy (a) if the Company, after having
FLP -218 (Rev. 12 -79)
received notice of an alleged defect, lien or
encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien
or encumbrance or establishes the title, as in-
sured, within a reasonable time after receipt of
such notice; (b) in the event of litigation until
there has been a final determination by a court of
competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title, as in-
sured, as provided in paragraph 3 hereof; or
(c) for liability voluntarily assumed by an insured
in settling any claim or suit without prior written
consent of the Company.
8. Reduction 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. No payment shall be made without pro-
ducing this policy for endorsement of such
payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall
be furnished to the satisfaction of the Company.
9. 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 either (a) a mortgage shown or
referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an in-
sured 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. The Company shall
have the option to apply to the payment of any
such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the
estate or interest covered by this policy and the
amount so paid shall be deemed a payment under
this policy to said insured owner.
10. Apportionment
If the land described in Schedule A consists of
two or more parcels which are not used as a
single site, and a loss is established affecting one
or more of said 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 such parcel by the
Company and the insured at the time of the
issuance of this policy and shown by an express
statement herein or by an endorsement attached
hereto.
11. Subrogation Upon Payment or Settle-
ment
Whenever the Company shall have settled 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 such insured claimant would
have had against any person or property in
respect to such claim had this policy not been
issued, and if requested by the Company, such
insured claimant shall transfer to the Company all
rights and remedies against any person or pro-
perty necessary in order to perfect such right of
subrogation and shall permit the Company to use
the name of such insured claimant in any
transaction or litigation involving such rights or
remedies. If the payment does not cover the loss
of such insured claimant, the Company shall be
subrogated to such rights and remedies in the
proportion which said payment bears to the
amount of said loss. If loss should result from any
act of such insured claimant, such 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 hereunder which shall
exceed the amount, if any, lost to the Company by
reason of the impairment of the right of subro-
gation.
12. Liability Limited to this Policy
This instrument together with all endorsements
and other instruments, if any, attached hereto by
the Company is the entire policy and contract
between the insured and the Company.
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 any action asserting such claim, shall
be restricted to the provisions and conditions and
stipulations of this policy.
No amendment of or endorsement to this policy
can be made except by writing endorsed hereon
or attached hereto signed by either the °ziideht,
a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized
signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company
and any statement in writing required to be
furnished the Company shall be addressed to it at
the office which issued this policy or to:
SAFECO Title Insurance Company
Home Office Legal Department
13640 Roscoe Boulevard
Panorama City, California 91409
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the
public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date
of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the
insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no
loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or
damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in
Schedule A.
1. Definition of Terms
The following terms when used in this policy
mean:
(a) "insured ": the insured named in Sche-
dule A, and, subject to any rights or defenses the
Company may have had against the named
insured, those who succeed to the interest of
such insured by operation of law as distin-
guished from purchase including, but not limited
to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or cor-
porate or fiduciary successors.
(b) "insured claimant ": an insured claiming
loss or damage hereunder.
(c) "knowledge ": actual knowledge, not con
structive knowledge or notice which may be
imputed to an insured by reason of any public
records.
- -�d)
"land": the land descrii bed, specifically or
by reference in Schedule A, and improvements
affixed thereto which by law constitute real
property; provided, however, the term "land"
does not include any property beyond the lines
of the area specifically described or referred to
in Schedule A, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a
right of access to and from the land is
insured by this policy.
(e) "mortgage ": mortgage, deed of trust,
trust
deed, or other security instrument.
(f) "public records ": those records which by
law impart constructive notice of matters rela-
ting to said land.
CONDITIONS AND STIPULATIONS
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 so
long as such insured retains an estate or interest
in the land, or holds an indebtedness secured by
a purchase money mortgage given by a pur-
chaser from such insured, or so long as such
insured shall have liability by reason of cove-
nants of warranty made by such insured in any
transfer or conveyance of such estate or in-
terest; provided, however, this policy shall not
continue in force in favor of any purchaser from
such insured of either said estate or interest or
the indebtedness secured by a purchase money
mortgage given to such insured.
3. Defense and Prosecution of Actions -
Notice of Claim to be given by an Insured
Claimant
(a) The Company, at its own cost and without
undue delay, shall provide for the defense of an
insured in all litigation consisting of actions or
proceedings commenced against such insured
to the extent that such litigation is founded upon
an alleged defect, lien, encumbrance, or other
matter insured against by this policy.
(b) The insured shall notify the Company
promptly in writing (i) in case any action or pro-
ceeding is begun or defense is interposed as set
forth in (a) above, (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. If such prompt notice shall not be
given to the Company, then as to such insured all
liability of the Company shall cease and terminate in
regard to the matter or matters for which such
prompt notice is required; provided, however, that
failure to notify shall in no case prejudice the rights of
any such insured under this policy unless the
Company shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Company shall have the right at its
own cost to institute and without undue delay
prosecute any action or proceeding or to do any
other act which in its opinion may be necessary
or desireable to establish the title to the estate or
interest as insured, and the Company may take
any appropriate action under the terms of this
policy, whether or not it shall be liable there-
under, and shall not thereby concede liability or
waive any provision of this policy.
(d) Whenever the Company shall have
brought any action or interposed a defense as
required or permitted by the provisions of this
policy, the Company may pursue any such
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.
(e) 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 hereunder shall secure to the Company
the right to so prosecute or provide defense in
such action or proceeding, and all appeals
therein, and permit the Company to use, at its
option, the name of such insured for such
purpose.
(Conditions and Stipulations Continked and Concluded on Last Page of this Policy)