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EXTENSION OF OptION TO PURC~$E
W1iER!AS THE OPt 10NO"', KENNETH 8. MAcDONAlD AND GRACE K. MAcDONALD,
HIS WIFt, IRAMTID AN OPTION TO THI CITY Of CLERMONT, FLORIO~ A FLGR'DA
HUN'C'''ALITV, THI O'TIOMII, UN'IR AN OPTioN DATED JA""AIltV 11, 1961, IN
WHICH THI OPTION!E WAS GIVIN TNt 'RIVILIG! 0' 'URCHAS.NG THE 'OLLOWI..
DIICRllro LANDI
THI NOMTH 900 'liT 0' GOVIRNMlNT LOT SIV,N (1), or
SrCTION TWlNTV-THREE (2)), TOWNSH" TwlNTY-TWO (22)
SOUTH, RAMIE TwlNTV-F'VE (25) EAST,
AND ALSO
ALL 0' BLOCK 141 0' J'HM'ON.' REPLAT 0' e.aTA..
BLOCKI 1M THI TOWN 0' eLIRMONT, AceoaOINI TO PLAT
THII.O' 'ILID 1M THI OF'ICI 0' THI CL'''K 0' THI
CIRCUIT COUlt 0' LA.. COUNTY, FLO.'DA, 2' HAICN
192', AtlD ICc.aO.D 'N PLAT '.0. I, "AU 11,
'OR tHI TOTAL ,.uaCHASI ,...CI OF' TWENTY-FIVE THO"SAMD DOLLARS ($25,000.00)
AN'
WHERiAS THE OPTIOMII DESIRI. AN'EXTENSION 0' TIMt WITHIN WHIC~ TO
IXlltCISI IT' O,t.ON TO P".CHAIE SAID LA.~,
NOW, 1HIREFOIE, IN CG""DIIAT)ON o~ THI SUM 0' F'VE HuNORID DOLLARS
($500.00) .'CIIVID 'ROM THI O"IOal., THI CITY OF CLI~NT. FLORIDA, A
FLORIDA HUHIC"ALITV, WI, THI O'TI.Noa., eXTIND SAID o,"ON TO PultCHASI
'OR A P'..OI OY TWO (2) KGMTH' TO SIPTIKIIR " 1961, SAIO O,TION TO _IMAIN
I. 'ULL 'ORCI AHD I",CT 'M ALL O'MI. ASPICTI.
THE OPTIOloa, AtKNOWLIOGI HAWaNG RICIIVID 'ROM THI OPT"NIE THI TOTAL
SUK OY ONI THOUSANI Two HuN.ftID DoLLAI. ($1,200.00) WHICH 'NCLUD" THE SUK
PAl' TO AMD RICIIYID IV O'TIONoas ,oa THE CONSIOIRATION 0' THI IKTEMSIOH 0'
IA 10 OPT aON AN' IT .. "IItOIISTOOD AND ...I.D THAT ALL 0' IA II IU'" SHALL
A'PLV ON THI TOTAL PVACHA'. PRle. SHOULD O~T'ONII Ex.ael.' 'TS O'TIOM.
IN WITNESS WHEREOF THI OPTIONOI' HAVI HIRIVIITO AF'IXID THIIR
SlGNATURII THI' .2/0:-0Ay ., juNE. 1951.
S""ID 'N THI ,a..INCI OFt
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KI"_"H I. MAc DO_ALD co:L
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GRACI K. MAc ONALD
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ROY W. CALDWELL
ATTORNEY AT LAW
724 MONTROSE STREET
CLERMONT. FLORIDA 32711
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STATE OF FLORIDA
COUNTY OF LAJ([
I HERESY CERTifY 'HAT OM TMII GAY, ..ro.1 HI, A NCTAIY PuILIC DULY
AUTHOIllIIID IN TMI $TATE AND COUNTY NAHID AlaVI TO TAK! ACatllOWLID,,.,.TI,
'IIIONALLY A~PIAIIO KINNITH I. MAcDONALD AH' G~E K. MAcDONALD, "t' WI'.,
TO HI K*OWM TO I. THI '....NI e"CII... AI O'TION.AS IN AND WHO I..CUT.I
THI 'ORIIOING EXTaNIION 0' OpftON TO 'UICHAI., AND ACKNO~.D.it 1.'OAl MI
TNAT lAID ,rISONS IXleUTIO THAT EXTI.,IOM or O'TION TO ',.cHAI..
WITNESS MY NAND AND o",elAL I.Al IN THI t","TY AND STAT' AID'"
11""10 THIS 02j{t DAY Of' JUd, 1961.
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GrARY IL Ie ,
MY COMHIIIIGN ~xrlA&lJ
ri'),!.',(' :,' ,:~,i" _ ,:~,~::'C,~ :,; LARGE
MY [;(JMMI,':!",' CY,:"r'; :,:;';, 16, 1969 r
DONDED THf.'f")IJGH' FH~r.1 \Y. .""CISTE:Lt-IOR9T .
-2-
ROY W. CALDWELL
ATTORNEY AT LAW
724 MONTROSE STREET
CLERMONT. FLORIDA 32711
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CLOSING STATEMENT
Sellers:
Kenneth 8. MacDonald and Grace K. MacDonald_ his wlfe_
of 618 12th Street, Clermont, FlorIda.
Purchaser:
CIty of Clenftont, a munIcipal corporatlon_ Clermont,
'Iorlda.
Description of Real Estate:
The North 900 feet of Government Lot Saven (7), of
Section Twenty-Three (23), TownshIp Twenty-two (22),
South, Range Twenty-fIve (25) East,
AND ALSO
All of Block I~l of Johnson's Replat of certaIn
Blocks In the Town of Clermont, according to Plat
thereof filed In the Office of the Clerk of the
Circuit Court of Lake County, Florida, 29 March
1'26, and recor~ed In Plat Book 8, page 71.
Oate and Place of Closing:
September 8, 1967, at the office of Roy W. Caldwell, Attorney,
72~ Montrose Street, Clenwont, Florida.
Tennl of Sala~
Total Purchase Prlce------------------------------------$ 25,000.00
Cash paid under Optlon-----------------$ 1,200.00
Cash at Clollng----------'~-------------$ 5,800.00
Purchase money mortgage----------------$ 18_000.00
$ 25,000.00_ $ 25,000.00"
Sellers' Closing Cost~:
State Documentary stamps 'on Warranty Oeed---------------$
Federal Documentary stamps on Warranty Deed-------------$
Intangible Tax on Mortgage------------------------------$
RecordIng Hortgage--------------------------------------$
75.00
27.50
36.00
3.00
Lake Abstract' Guaranty Co. - continuation of
abstract-------------------.--------------------------$ 19.00
r-mr;so
Purchaser', Closl~9 Co,t!l
Recording Warranty Oeed---------------------------------$ 2.25
State Documentary stamps on Hote------------------------$
27.00
29.25
TOTAL---------------------------------$
ROY W. CALDWELL
Applicable provIsions of the Option Agreement regarding (1) right of Sellers
to occupy residence, (2) retain title to household furnishings, and (3) owner-
ship of 1966-67 fruIt crop, shall survIve closing.
All 1967 real estate taxa. are assumed by Purchaser.
Pur~ha'er II to a.s~e liabIlity for fire Insurance coverage on residence
f~ date of eloslng.
ATTORNEY AT LAW
724 MONTROSE STREET
CLERMONT. FLORIDA 32711
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WHEREAS, on January 17, 1967, pursuant to action approved by the City
Council of the City of Clermont, Florida, the City secured an Option to Purchase
from Kenneth B. MacDonald and Grace K, MacDonald, his wife, the following des-
cribed property:
The North 900 feet of Government Lot Seven (7), of
Section Twenty-Three (23), Township Twenty-two (22),
South, Range Twenty-five (25) East,
AND ALSO
All of Block 141 of Johnson's Replat of certain
Blocks in the Town of Clermont, according to Plat
thereof filed in the Office of the Clerk of the
Circuit Court of Lake County, Florida, 29 March
1926, and recorded in Plat Book 8, page 71.
for the sum of Twenty-five Thousand ($25,000,00) Dollars; and
WHEREAS, pursuant to instructions of the City Council, the City of Cler-
mont exercised said Option to Purchase and closed the sale on the purchase of said
property in accordance with said Option to Purchase;
NOW, THEREFORE, it is
RESOLVED that the City Council of the City of Clermont, Florida, hereby
ratify and confirm the acts and deeds of the Mayor and the City Clerk of the City
of Clermont wherein they signed on behalf of said City of Clermont a note dated
September 8, 1967, in the principal sum of $18,000,00, in favor of Kenneth B.
MacDonald and Grace K, MacDonald, his wife, and a purchase money mortgage securing
same, and it is
FURTHER RESOLVED that the City Council hereby appropriate, ratify and
confirm the expenditure of the sum of $7,029.25 in payment of cash at closing
and closing costs required by the aforesaid Option to Purchase,
FUND Form OGC (Revised 3/8/65) Florida Press lOM-2/66
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~1' . COMMITMENT' AND BINDER TO . I'
l~j GUARANTEE TITLE (OWNER) :
I~! RICHARD H. LANGLEY l:
[~I (Attorney or firm of attorneys) li
AI 630 Montrose Street ~
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(Address)
Clermont
, Florida
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Lawyers' Title Guaranty Fund
Qualified witll and supervised by Insurance Commissioner of Florida
ORLANDO, FLORIDA
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Purchaser
CITI OF CLERMONT, FLORIDA. a Municipal Corporation
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Declared value of property:
Effective date of this document:
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August 16,1967
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1. Encumbrances, liens, or conveyances, other than a conveyance to the person to whom this commitment and binder is made, which are I;
i. drcctOrd~di' or of which the Purchaser or his attorney acquires knowledge, between the effective date of the commitment and binder and the :;1
tS a e of sauance of the opinion and guarantee. Inl
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In consideration of application having been made for an opinion on and guarantee of the tiUe to the real property in Florida described in
Schedule A hereof and in consideration of your (or the selier's) having agreed to pay the fee therefor, the undersigned agrees to render an
opinion and furnish you a guarantee by LAWYERS' TITLE GUARANTY FUND, both the opinion and guarantee to be on Form 1 (OG) of said
Fund. The opinion and the guarantee will be that you have an estate or interest in said real property, as such estate or interest is specified
in said Schedule A, free of encumbrances, liens, and other objections, except such encumbrances, liens, or other objections as are set forth in
Schedule B hereof. This commitment and binder is subject to the matters set forth in Schedule B, and subject to the printed Conditions set
forth in said opinion and guarantee Fund Form 1 (OG), and shall be for an amount not more that that set forth as the declared value and shall
not be binding until it shall have been signed by a member (or members) of The Fund and shall expire six (6) months from the effective date
set forth above,
This commitment and binder is delivered and accepted upon the understanding that you have no personal knowledge or intimation of any
defect, objection, lien, or e brance affecting said premises other than those shown under Schedules A and B hereof, and your failure to
disclose any suc~nerso inf ation shall render t co ent and binder, and any guarantee issued based thereon, null and void as to
such defect, objectio en, or encumbr ceo -
Member's Signat, re '
IN CONSIDERATION of the above named attorney at law (or firm of atto s at law) having qualified as and being a member (or mem-
bers) of LAWYERS' TITLE GUARANTY FUND, LAWYERS' TITLE GUANTY ND (a business trust under the prOVisions of the Declara-
tion of Trust filed with the Secretary of State of Florida, ',at Tallahassee, Florida, on March 22, 1947, and any amendments to the Declaration
of Trust) hereby authorizes and binds itself to the foregoing commitment and binder in the manner and to the extent above set forth.
IN WITNESS WHEREOF, LAWYERS' TITLE GUARANTY FUND has caused this document to be executed in its name by its President and
Executive Secretary and its seal affixed, all by direction of its Board of ,Trustees.
Lawyers' Title Guaranty Fund
SERIAL
BY~ C ~e:t'
2941
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89439
(MEMBER NO.)
Hewen A Lasseter
President and Executive Secretary
1. The estate or interest covered by this Commitment is:
SCHEDULE A
Fee Simple
Kenneth B. Mac Donald and Grace K.
Deed
as shown by instrument in __
Mac Donald, his wife
Bool< 314 Page 81
2, Fee simple tiUe of record is now vested in
3. The real estate on which this commitment and binder is given is located in
Lake
~
The North 900 feet of Government Lot 7 of Section 23 ,
Township 22 South, Range 25 East. AND ALSO all of
Block 141 of Johnson's Replat of certain blocks in the
Township of Clermont, according to plat thereof filed
in the Office of the Clerk of the Circuit Court of Lake
COLJnty, Florida, 29 March 1926 and recorded in Plat
Book 8, Page 71.
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SCHEDULE B
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This commitment and binder is subject to the following defects, liens, encumbrances, and other objections, which will be exceptions under
Schedule B of the guarantee, except such as are eliminated before the guarantee is issued, and upon condition that, before the guarantee is
issued, a deed of conveyance, contract of sale, or lease (or assignment of lease) has been validiy executed and recorded among the public
records of said county, conveying, contracting to sell and convey, or leasing to you (or your nominee) the estate or interest recited in para-
graph 1 of Schedule A, above:
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1. Unpaid taxes for the current year, (If this Commitment and binder runs into a succeeding year, it wlI1 be subject to that year's taxes.)
2. Rights of persons in possession of the property.
3. Facts that an accurate surveyor personal inspection of the property will disclose.
4. Unrecorded labor, mechanic or materialman liens.
5. Zoning and/or restrictions imposed by governmental authority.
6. Easements and other encumbrances appearing in any map, plat or drawing referred to under SChedule
and reverter rights as follows: (If none, so state; if any, copy or make accurate reference thereto.)
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17. In the event this option is exercised by the Optionee it is stipu-
lated and agreed that the total purchase price shall be allocated as follows:
To the residence----------------$ 13,100,00
To the grove--------------------$ 11,900,00
$ 25,000.00
Signed in the presence of:
tlk J:';>(~1
# /<-,.J (~-;i'i{i '
.>r~Wl <<f- J3 Jel iMF;cttl?,/ ~Y-(
Kenneth B. MacDonald
L~~t:-.~od/~~z-
Grace K, acDonald
STATE OF FLORIDA,
COUNTY OF LAKE.
HEREBY CERTIFY that on, this 'day, before me, a Notary Public duly
authorized in the state and county named above to take acknowledgments, per-
sonally appeared KENNETH B, MacDONALD and GRACE K, MacDONALD, his wife, to me
known to be the persons described as Optionors in and who executed the fore-
going Option to Purchase, and acknowledged before me that said persons executed
that Option to Purchase.
WITNESS my hand and official seal in the county and state above
named this ~~day of January, 1967.
~~
~a,~c... ;;; ,
tary Publ c
My CommisSIon Expires:
NLJit\I\l {JiJi:iUL, ')d~.l!:. 01 ~I.LIl.li;;: ,;r L;d~GE
MY COMMISSION E:<PIRES D EC, 18, 1968
BONDED THROUOH FREe w. DICSTELHORST
-4-
Form 1143 Florida MORTGAGE DEED
From Corporation
TUTBLANX REGIS/EREO US PAT OFFICE
TlJttle Law Pnnt,Pub/isllOrs,RlJrland,Iff
~i~~n
tutUlft
(Wherever used herein the terms "mortgagor" and Umortgagee" include all the parties to this instrument and the heirs
!egal representatives and 8:88igns C?f in(~jvidual.9, and the successors and assigns of corporations; and the term Unote'"
mclud.. all th? notes hereIn descnbed If more than one, Wherever used the singular number shall include the plural and
the plural the singular, and the WIe of any gender shall include all genders,)
Made this
8th
day 01
September
, A, D, 1,7
Betwe~lIl CITY OF CLERMONT, a municipal
>h corporation existin~ under the laws 01 the State of Florida,
havin~ its principal place of business in the County 01 Lake
State 01 Florida called the Mortffagor, and
KENNETH B. MacCONALD and GRACE K. MacDONALD, his wife,
called the Mortgagee,
Mortgagee, the following described
Lake,
,
and
has granted, bargained and sold to the said
land situate. lying and being in the COLtnty of
State 01 Flori da, to-wit:
The North 900 feet of Government lot Seven (7), of
Section Twenty-Three (23), Township Twenty-two (22),
South, Range Twenty-five (25) East,
AND ALSO
All of Block 141 of Johnson's Replat of certain
Slocks In the Town of Clermont, according to Plat
thereof filed In the Office of the Clerk of the
Circuit Court of Lake County, Florida, 29 Harch
1926, and recorded In Plat Book 8, page 71.
IIThls Instrument constitutes a'purchase money first mortgage.11
and the said Jl1 ortgagol' does hereby fully warrant the title to said land, and will
defend the same (~gainst the lawful, claims of all persons whomsoever.
P1l"ovided Always" That if said Mortgagor sh(Lll pay to the said Mortgagee
a certain promissory note, a copy of which is on the reverse side her-eof, and shall
perform and comply with each and every stipulation, agreement and covenant of
said note and of this mortgage, then this mortgage and the estate hereby created
shall be void, otherwise the same shall remain in full force and virtue. And the
said Mortgagor covenants to pay the interest and principal promptly when due; to
P(:tY the tnxes cmd assessments on said property; to carry insurance against fire
on the building on said land for not less than $ -----none-------------------- ,
(~nd windstorm, insura,nce in amount of $ --------------none------------, approved
by the Mortgagee, with standard mortgage loss clause payable to Mortgagee, the
policy to be held by the Mortgagee, to keep the building on said land in proper
repair; und to waive the homestead exception,
Should (Lny of the above covenants be broken, then said note and all moneys
secured hereby shull without demand, if the M"ortgagee so elects, at once become due
and 7)(:tyable and the mortgage be foreclosed, and all costs and expenses of collection
ol said moneys by foreclos{,tre or otherwise, including solicitor's fees shall be paid by
the jJ{ ortgagor, and the same are hereby secured.
Ilffi Wiitll1l~@@ Wh~1l"e<!})f~ The said .JI{ortgagor hereunto sets its hand and
seal the day and year first above written, said corpomtion signing by its duly
authorized ~~ with corporate seal affixed by its ~RK.
(Corporate
Seal)
Attest:
CITV OF CLERMONT, a municipal
corporation
By
Joseph Bon Jorn, X'r~,
MAVOR
A. H. Johnson,
CITY CLERK
Signed, Sealed and Delivered in Our Presence:
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I 1~4 INSTAL.L.MENT NOTE
TUTBLANX REGISTERED V,S PATOFF'CE
Tut/le Law Print. PlJblishers.lWt/8nd.Yt.
$ );j.OOO.OO Clermont, Florida, SCfJtember 8. , 19~
For value received the undersignecltti14:ifrJbt)(1f4;'~1I. promises to pay to the order of t{tUNETH E. tlac;OOHALO
l.lJd t~RACE It. ni3c:f)m~AlO. his 'd I f8 t or tl> the lHlrv I "or of thero.
thf! principal sum of E t GHTEilM Tt;oUSAtH)"'~"---"-"'''''-'''>''UU'''_.'''d~'_'.''- nollars {IP;. Hell}, GO ),
together with interest thereon from date, at the rate of "'1,-, (~I~) per cent, per M""t.Im until maturity, said interest
being payable ",nftually on the 3th day of SBptember~ to~other It,hMrln~lp~l (i1aymentsll
~kJ;Mltr; both principal and interest being payable in lawful money of the United States or its equivalent, at the order
.of tht'j. pvyelaS Qr bolders of this not., said principal sum to be payable on the dates and in the amounts
specified below, to-wit:
Four (4) e~ual end eon.ec:utlve annu&1 lAstellment$ of S~~500.00 each, wIth the fIrst
of E>fJC~ Inst4ttrJer.,'U b..,lng due ,8ft, .d payable 9n Sertember ~t 19&8. Opo," default Irf 3,OY
payment. r~iA.n.~ unpeld principal ,h.,U furtttw th beGtJ08 due and f;layabte.
Oe'ferre(;l t!ayr~ent~ r~lllY be prepah1 hy the t~al,l.'r" {/( tbh I\otc prior to the tlDtl!rl ty
thereof. provided; hCJV./eiVCf) th..t slf..ch pr6j.l(;ynent shilll bo ff)r the enUre un:;>alt3
bo:! lance of this In~{j'l1te<.lness t l"cholidJng lntet~5t.
to hOI~a~~Chm~:~b:~dll:~t:,o~~erm~e;ee::I~~dw:~~~rs~~.:"and. protest and notice of maturity. non-payment or protest and all reqUirements necessary
Each maker and endorser further agrees, Jointly and severally, to pay all costs of collection. Including a reasonable attorney's fee In case
the prIncipal of this note or any payment on the princIpal or any Interes t thereon Is not paid at the respective maturity thereof. or In case It
becomes necessary to protect the security hereof. whether suit be brought or uot ( 69::)
This note and deferred Interest payments shall bear Interest at the rate oP I X 0 per cent, per annum from maturity until paId.
This note Is secured by a R, E , mortgage of even date herewith and Is to be construed and enforced according to the laws of the
State of Florida; upon default In tne payment of principal and/or Interest due on any note secured by said Mortgage. all notes so secured and
remti.lnlng unpaid shall forthwith become due and payable notwithstanding their tenor,
Ccofix>ratp Seal) CITV OF CLEmiONT. ~ t'tlOleSpaJ COrpofl)ti'on
(Seal)
AU.at; f
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(Seal).
':
OPTION TO PURCHASE
The Optionors, KENNETH B. MacDONALD and GRACE K. MacDONALD his wife
, ,
in consideration of the sum of FIVE HUNDRED ($500,00) DOLLARS received from the
Optionee, CITY OF CLERMONT, Florida, a Florida municipality, hereby on this ~~
day of January, 1967, give the Optionee the privilege of purchasing on or before
April 30, 1967, for the purchase price of TWENTY-FIVE THOUSAND ($25,000.00) DOL-
LARS (of which the consideration paid for this option is a part), the real pro-
perty in Lake County, Florida, described as:
The North 900 feet of Government Lot Seven (7), of
Section Twenty-three (23), Township Twenty-two (22)
South, Range Twenty-five (25) East,
AND ALSO
All of Block 141 of Johnson's Replat of certain
blocks in the Town of Clermont, according to Plat
thereof filed in the Office of the Clerk of the Cir-
cuit Court of Lake County, Florida, 29 March 1926,
and recorded in Plat Book 8, page 71,
and agree that:
1. Within twenty (20) days after the written notice of the Optionee of
its election to exercise this option, the Optionors will pay for and deliver to
the Optionee evidence of title in the form 'of an abstract of title prepared by
an abstractor acceptable to the Optionee, purporting to be an accurate synopsis
of the instruments affecting the title to that real property recorded in the Pub-
lic Records of that County to the date of this option, showing the title to be
conveyed to be good and marketable, or a title insurance binder issued by a title
insuror acceptable to the Optionee, agreeing to issue to the Optionee, upon the
recording of the deed hereafter mentioned, a title insurance policy in the amount
of the purchase price insuring the title to the Optionee to that real property,
excepting only unpaid mechanics' and materialmen's liens, taxes and assessments
for the current year, any state of facts an accurate survey would show, and such
standard conditions and exceptions as usually are printed in policies issued by
that title insuror,
2, If the evidence of title shall meet the requirements above specified,
the Optionee shall have fifteen (15) days after delivery thereof to exercise the
privilege of purchase by paying the purchase price, either in cash or in terms set
. -1-
forth herein; and if the Optionee shall not do so within that time that privilege
shall terminate, and no part of the consideration paid for this option shall be
refunded,
3. If the evidence of title shall not meet the requirements above
specified, and the Optionee shall so notify the Optionors in writing within
fifteen (15) days after delivery, specifying the defects, the Optionors shall
have thirty (30) days after receipt of that notice to cure the defects, and will
in good faith exercise du~ diligence to do so, If the defects are cured within
that time, the Optionee shall have ten (10) days after the curing thereof to
exercise the privilege of purchase by paying the purchase price; and if the
Optionee shall not do so within that time that privilege shall terminate, and
no part of the consideration paid for this option shall be refunded. If the
defects are not cured within that time, the Optionee shall have ten (10) days
after expiration of that time to exercise the privilege of purchase notwithstanding
the defects by paying the purchase price; and if the Optionee shall not do so
within that time the Optionors will p;omptly refund the full amount of the con-
sideration paid for this option, and this option shall terminate,
4. Upon receipt of the purchase price within the time allowed, the
Optionors will promptly execute and deliver to the Optionee a good and sufficient
warranty deed, containing all the usual common law covenants of title, conveying
that property to the Optionee in fee simple.
5. The Optionors will pay all expenses, including a reasonable attor-
ney's fee, incurred by the Optionee because of the failure of the Optionors to
comply with the terms of this option,
6, The Optionors will pay for the documentary stamps affixed to the
deed, the recording of the mortgage and the intangible tax required on the mort-
gage, if any; the Optionee will pay for the recording of the warranty deed and
for the State documentary stamps to be affixed to the note if any be required,
In the event that the Optionee shall elect to exercise its option under this
contract the Optionee shall be responsible for the payment of all 1967, and
subsequent years, property taxes assessed against the real estate described
herein,
-2-
American Land Title Association Owner's Policy-Standard Form A-1962
FORM T-17"
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9. Subrogation upon Payment or Settlement. Whenever the Company sholl hove settled 0 claim under this policy, 011 right of subrogation sholl t: ~.- .~:
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vest in the Compony unoffected by ony oct of the Insured, and it sholl be subrogated to and be entitled to all rights and remedies which the Insured would
hove hod against any person or property in respect to such claim hod this policy not been issued, If the payment does not cover the loss of the Insured, ~1"",:,.:,:,:'c,'"::'~"',:,,,:..,._\,,','),,,\,;\1
the Company sholl 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 oct of the Insured, such oct sholl not void this policy, but the Company, in that event, sholl be required to pay only that port of any losses ~
insured against hereunder which sholl exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The :i>i:~~' (
Insured, if requested by the Company, sholl transfer to the Comp,any all rights and remedies against any person or property necessary in order to perfect ' , , , ,
. r,: such right of subrogation, and sholl permit the Company to use'the nome 'of the Insured in any transaction or litigation involving such rights' or remedies. ':;'~f!H(
,', 10. Policy Entire Contract. Any action or actions or rights of action that the Insured may hove or may bring against the Campany arising out, ~,
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" Vice President, the Secretary, on Assistant Secretary or other validating officer of the Company. :,'~'~\
() 11. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company ,t1t;:0
\' sholl be addressed to it at its Home Office at Miami, Florida, ,~, _-_': 0
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CONDITIONS AND STIPULATIONS
1, Definition of Term$. The following terms when use'll in this policy mean:
(a) "Iond": the land described, specifically or by reference, in Schedule A and improvements offixed thereto which by low constitute real property;
(b) "public records": those records which impart constructive notice of matfers relating to soid land;
(c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public
records; and
(d) "date": the effective dote.
2, Exclusions from the Coverage of this Policy, This policy does not insur~ against loss or damage by reason of the following:
(0) 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.
(b) 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 characte,r, dimensions or locotion of any improvement now or hereafter
erected on said land, or prohibiting 0 separation in ownership or 0 reduction in the dimensions or area of any lot or parcel of land.
(c) Governmental rights of police power or eminent domain, unless notice of the exercise of such rights appears in the public records at the
date hereof.
(d) Title to any property beyond the lines of the land expressly described or referred to in' Schedule A, or title to areas within or rights or
easements in any abutting streets, roods, avenues, lones, ways or waterways (except to the extent the right of access to and from said land is covered
by the insuring provisions of this policy), or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this
policy specifically provides that such titles, rights or easements are insured.
(e) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the
Insured; or (2) known to the Insured either at the dote of this policy or at the date such Insured acquired on estate or interest insured by this policy and
not shown by the public records, unless disclosure thereof in writing by the Insured shall have been mode to the Company prior to the dote of this policy;
or (3) resulting in no loss to the Insured; or (4) atfaching or created subsequent to the dote hereof.
(f) loss or damage which would not hove been sustained if the Insured were 0 purchaser for value without knowledge.
3. Defense and Prosecution of Actions - Notice .of Claim to be Given by the fnsured.
(a) The Compony, at its own cost and without undue delay, ~hall provide for the defense of the Insured in all litigation consisting of actions or
proceedings commenced against the Insured, which litigation is founrted upon a defect, lien or encumbrance insured against by this policy, and may
pursue such litigotion to final determination in the court of lost resort. '
(b) In case any such action or proceeding shall be begun, or defense interposed, or in cose knowledge sholl come to the Insured of any claim
of title or interest which is, adverse to the title as insured, or which might couse loss or damage for which the Company sholl or may be liable by virtue
of this policy, the Insured sholl notify the Company' thereof in writing. If such notice sholl not be given to the Company within ten days of the receipt
of process or pleadings or if the Insured sholl not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which
shall come to the knowledge of the Insured, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall
cease and terminate; provided, however, that failure to notify sholl in no case prejudice the claim of any Insured unless the Company shall be actually
prejudiced by such failure and then only to the extent of such prejudice.
(c) The Company sholl hove the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion
may be necessary or desirable to estoblish the title os insured; and the Company may take any appropriate action under the terms of this policy whether
or not it sholl be liable thereunder and shall not thereby concede liability or waive any provision of this policy.
(d) In 011 cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured
sholl secure 10 it the right to so prosecute or provide defense in such action or proceeding, and 011 appeals therein, and permit it to use, at its option, the
name of the Insured for such purpose. Whenever requested by the Company the Insured sholl give the Company 011 reasonable aid in any such action
or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company
shall reimburse the Insured for any expense so incurred.
tJ. Notice of Loss - Limitation of Action. In addition to the notices required under paragraph 3(b), 0 statement in writing of any loss or dam-
age for which it is claimed the Company is liable under this policy sholl be furnished to the Company within sixty days after such loss or damage shall have
been determined, and no right of action sholl accrue to the Insured under this policy until thirty days after such statement sholl hove been furnished, and
no recovery sholl be had by the Insured under this policy unless action sholl be commenced thereon within five years after expiration of said thirty-day
period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, sholl be 0 conclusive bar
against maintenance by the Insured of any action under this policy. '
.5. Option to Pay, Settle or Compromise Claims. The Company shall hove the option to payor settle or compromise for or in the nome of the
Insured any claim insured agoinst or to pay the full amount of this policy,and such payment or tender of payment, together with 011 costs, attorneys' fees
and expenses which the Company is obligated hereunder to pay, sholl terminate all liability of the Company hereunder.
6. Payment of Loss.
(a) The liability of the Company under this policy sholl in no case exceed, in all, the actuall05s of the Insured and costs and attorneys' fees which
the Company may be obligated hereunder to pay.
(b) The Company will pay, in addition to any loss insured against by this policy, 011 costs imposed upon the Insured in litigation carried on by
the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the writfen authorization of the Company.
(c) No claim for damages shall orise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect,
lien or encumbrance not excepted or excluded herein, removes such defect, lien or encumbrance within a reasonable time after receipt of such notice; or
(2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company.
(d) All poyments under this policy, except payments mode for costs, attorneys' fees and expenses, sholl reduce the amount of the insurance pro
tanto, and no payment shall be mode without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which
cose proof of such loss or destruction sholl be furnished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage sholl be payable within thirty
days thereafter.
7. Liability Noncumulative. It is expressly understood that ,the amount of this policy is reduced by any amount the Company may pay under any
policy insuring the validity or priority of any mortgage or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of trust here-
after executed by the Insured which is 0 charge or lien on the land described or referred to in Schedule A, and the amount so paid shall be deemed 0
payment to the Insured under this policy.
8, Coinsurance and Apportionment,
(a) In the event that 0 partial loss occurs after the Insured makes on improvement subsequent to the dote of this policy, and only in that
event, the Insured becomes 0 coinsurer to the extent hereinafter ~et forth. .
If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established sholl be
borne by the Company os one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the omount
expended for the improvement. The foregoing provisions sholl not apply to costs and attorneys' fees incurred by the Company in prosecuting or pro-
viding for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy, or to costs imposed on the Insured in such
actions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per centum of the face of the policy.
Provided, however, that the foregoing coinsurance provisions shall not apply to any loss arising out of 0 lien or encumbrance for a liquidated amount
which existed on the dote of this policy and was not shown in Schedule B; and, provided further, such coinsurance provisions sholl not apply to any loss
if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundrd twenty per centum of the
amount of this policy.
(b) If the land described or referred to in Schedule A is divisible into separate and noncontiguous parcels, or if contiguous and such parcels ore
not used os one single site, and 0 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 os if the face amount of this policy was divided pro rota os to the value on the dote of this policy of each separate independent parcel to the
whole, exclusive of any improvements mode subsequent to the dote of this policy, unless 0 liability or value has otherwise been agreed upon os to each
such parcel by the Company and the Insured at the time of the issuance of this policy and shown by on express statement herein or by an endorsement
attached hereto.
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68- 4303
~O~K . 356 PAGE 765
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I' SATISFACTION OF MORTGAGE
DREW'S FORM R.E. 22V,
Manufactured and for sale by The H. & W. 8. Drew Company
Jacksonville, Florida
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Know BU men Jy Ihese 'resents: ThaL...Y!.~_L. KENNETH B, MacDONALD and GRACE
K, MacDONALD, his wife, (I,We)
the owner s and holders of a certain mortgage deed executed by C I TV 0 F CLERMONT, a mun i c i pa 1
corporation
to KENNETH B, MacDONALD and GRACE K, MacDONALD, his wife,
bearing date the 8th day of September , AD. 1967 , recorded in Off i cia 1 Records
Book 343 ,page 71 5 ,in the office of the Clerk of the Circuit Court of Lake County,
State of Florida. securing a certain note in the principal sum of Eighteen Thousand ($18,000,00)
------------------------------------------------------------------------------------
Dollars. and certain promises and obligations set forth in said mortgage deed. upon the property situate in said
State and County described as follows. to-wit:
The North 900 feet of Government Lot Seven (7), of
Section Twenty-Three' (23) ;,Township Twenty-two (22),
South, Range Twenty-f'ive (25)' East,
AND ALSO
All of Block 141 of Johnson's Replat of certain
Blocks in the Town of Clermont, according to Plat
thereof filed in the office of the Clerk of the
Circuit Court of Lake County, Florida, 29 March
1926, and recorded in Plat Book 8, page 71,
...
hereby acknowledge fu.ll payment and satisfciction of. said note and mortgage deed. and surrender the
same as cancelled, and hereby direct the Clerk of .the said Circuit Court to cancel the same of record.
llfttitness ou r hand S and seaS ,this It) ;tL day of
Apri 1
. A. D. 1%8,
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Grace K, MacDonald
. .
c..n
ST A TE OF FLORIDA,
COUNTY OF LAKE,
}
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
KENNETH B, MacDONALD and GRACE K, MacDONALD, his wife,
to me known to be the person S described in
before me that they executed the same,
WITNESS my hand and official seal in
Apri I, A, D. 1968,
and who executed the foregoing instrument and
acknowledged
they
/ c,. v-C
day of
the County and State last aforesaid this
II
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It!COROFO IN
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OF lAKE CO Rf:CORDS BOa
PRANK ;;'TOw,R/DA ·
-'t:mK OF CIRCVrr CO 'ENS
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NOTJl.RY PUBLIC. STJl.'rf9ML'ORo~M at-t.!':RGE ,
MY COMMISSION EXPIRES' D EC': 18, 196~::~.
BONDED THROUGH FRED ~. Dl~ST~L~?~S~".'\'
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c2 Jt5>.j Wherever u,sed herm,n, the term "party" shall include the heirs, personal representatives,
. su,cccssors ltnd / or assi.tns of the rrulpective pa,rJ,ies hereto; the use of the swgnlar 1utnz,ber
If) /"'2..._ sh.all in.clLUle the) ;It-ral, (Lnd the plujrnl the s'ingu1tu,' Uw lUW of tiny ff-ender slmll in.dude
.y -.'~" "t"" ..-....~" all genders; aml .f lUJccf" the tenn "note" shatt include all the notes herein describecl if more
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WARRANTY DEED-(Statutory Form.)
~O~K~ 34~ P~,GE 714
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TUTBLANX REGISTERED U.S.PAT.OFFICe.
Tuffle La w Prin1;Publishers,Rufland.lff.
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. '.M.d'de thiS&, 8th day of September, .11. D. 19 67
tmffn KENNETH B. MacDONALD and GRACE K.' MacDONALD, his wi fe,
of tl(e County of Lake,
pa,,;'tu of the first part, and
in the State of Florida,
CITY OF CLERMONT, a municipal corporation,
,J'
-'.rr-" / of the County of Lake, in the State of Florida,
party of the second part,
BitntssrtJr that the said party of the first part, for and in consideration of
the sum of Ten ($10.00) & other valuable considerations------------------~j~,
to him in hand paid by the said party of the, second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said pa.rty of the second part
his heirs and assigns forever, the following described la,nd, situate lying and being in
the County of Lake , Sta,te of
.Florida, to wit:
The North 900 feet of Government Lot Seven (7), of
Section Twenty-Three (23), Township Twenty-two (22),
South, Range Twenty-five (25) East,
AND ALSO
All of Block 141 of Johnson's Replat of certain
Blocks in the Town of Clermont, according to Plat
thereof filed in the Office of the Clerk of the
Circuit Court of Lake County, Florida, 29 March
1926, and recorded in Plat Book 8, page 71.
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And the said party of the first par.t does hereby fuUy warrant the title to said land,
and will defend the same a1!ainst'the lawful claims of all persons whomsoever.
In BlUntss .lJtrfpf, the said party of the first part has hereunto set his
hand and seal the day and year first above written.
~ignr~. ~ralr~ an~ 1Ell'linl'rl'~ in Q!)ur Jrr!il'ucr:
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jfo1,.;t( Gr~; ~=<-'
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Kenneth B. MacDonald
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~ Grace K. I'facDonald
Q;.ttt't" nf ]'~lnn.~tt' a!CORDEn IN OFFICIAl: ItE!RDS BOOk
J;1 " ~ ..2Jl 11" OF LAKE COUNTY, FL RIDA
FRANK E. 0 ENS
enounty of LAKE. CLERK OF CIRCUIT UR'[
11 -llbrrhy enrrtify That on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowledgments,
KENNETH B. MacDONALD and GRACE K. MacDONALD, his wife,
to me well known and known tv me to be the individual,s.,described in and who
executed the foregoing deed, and . t.hey ,.' . ,acknowle4ged before me that
they executed the same freely and voluntarilyfor the pu;rp.9-!{es... therein expressed.
JlUntSS my hand and official seal at . Cle.r:mont";.,""
County of Lake . and State of Florida., this' 8th
day of September , .11. D. 19 67.
My Commiss~(?aRy~f~Mlc 01 ~LUHIUAaf1.1WGE
MY COMMISSION EXPIRES DEC. 18, 1968
BONDED THROUGH FRED W. DIESTELHORST
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