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022 '" \ '~ ,"t 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 ~J_~ If~ 9~ ~/fp-r 1~~~21A~ KI"_"H I. MAc DO_ALD co:L .At ," ~~.~~ GRACI K. MAc ONALD -1- ROY W. CALDWELL ATTORNEY AT LAW 724 MONTROSE STREET CLERMONT. FLORIDA 32711 " . '.. ~.. ~ STATE OF FLORIDA COUNTY OF LAJ([ I HERESY CERTifY 'HAT OM TMII GAY, ..ro.1 HI, A NCTAIY PuILIC DULY AUTHOIllIIID IN TMI $TATE AND COUNTY NAHID AlaVI TO TAK! ACatllOWLID,,.,.TI, 'IIIONALLY A~PIAIIO KINNITH I. MAcDONALD AH' G~E K. MAcDONALD, "t' WI'., TO HI K*OWM TO I. THI '....NI e"CII... AI O'TION.AS IN AND WHO I..CUT.I THI 'ORIIOING EXTaNIION 0' OpftON TO 'UICHAI., AND ACKNO~.D.it 1.'OAl MI TNAT lAID ,rISONS IXleUTIO THAT EXTI.,IOM or O'TION TO ',.cHAI.. WITNESS MY NAND AND o",elAL I.Al IN THI t","TY AND STAT' AID'" 11""10 THIS 02j{t DAY Of' JUd, 1961. k I ~ a~~/ i.i'~ I GrARY IL Ie , MY COMHIIIIGN ~xrlA&lJ ri'),!.',(' :,' ,:~,i" _ ,:~,~::'C,~ :,; LARGE MY [;(JMMI,':!",' CY,:"r'; :,:;';, 16, 1969 r DONDED THf.'f")IJGH' FH~r.1 \Y. .""CISTE:Lt-IOR9T . -2- ROY W. CALDWELL ATTORNEY AT LAW 724 MONTROSE STREET CLERMONT. FLORIDA 32711 . , /\ :--' (, , CLOSING STATEMENT Sellers: Kenneth 8. MacDonald and Grace K. MacDonald_ his wlfe_ of 618 12th Street, Clermont, FlorIda. Purchaser: CIty of Clenftont, a munIcipal corporatlon_ Clermont, 'Iorlda. Description of Real Estate: The North 900 feet of Government Lot Saven (7), of Section Twenty-Three (23), TownshIp Twenty-two (22), South, Range Twenty-fIve (25) East, AND ALSO All of Block I~l of Johnson's Replat of certaIn Blocks In the Town of Clermont, according to Plat thereof filed In the Office of the Clerk of the Circuit Court of Lake County, Florida, 29 March 1'26, and recor~ed In Plat Book 8, page 71. Oate and Place of Closing: September 8, 1967, at the office of Roy W. Caldwell, Attorney, 72~ Montrose Street, Clenwont, Florida. Tennl of Sala~ Total Purchase Prlce------------------------------------$ 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 , / () (.., f.., '. ,- ~1 ~~ 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 :-iHL-~4,,1l1l1l1.l!.!1l ll'll 1l,'ll.1Ll!.l!;!kU:Yl,1l II II 1!JIllTIlf:1t~~~iu!.1l;~]5 ll,'ll liiilQ!.iliJf~lt II ll'll,ll,)t\ll'llilll lllll ll' II 'll llill::ll:~I~;L.~-'!I!.J1..!t:!illlJLll')tI,~jO'~ ~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 ~ .I II II li II It (Address) Clermont , Florida l! ~ ~ n !; l.t II fj It ~ II II II l:l and Lawyers' Title Guaranty Fund Qualified witll and supervised by Insurance Commissioner of Florida ORLANDO, FLORIDA it l! II II it Purchaser CITI OF CLERMONT, FLORIDA. a Municipal Corporation i< II It Declared value of property: Effective date of this document: II It It ~I i<1 ~l ~j ~ ~ll II II II nl Itl :j Itl I: II f:j,' 1;1 1;\ III III \~! I~I ~~i It! .1 I~I Iltl 'IIi ~I Itl Itl It, It! Itl Itl ~I ~! It' Itl It l; $ 25.000.00 August 16,1967 at 5:00 It P 'Pd, It I~ [:1 I~ ~I 11:1 Itl ;tl ilt! 'Ill lit! ,ll :"1 ,.. ,- ", I~l is 1111 Iltl ':tj I::' !~t 'If :t: l<, ,'I '1 U, >< 1:1' ;11' Ill, l:t! i:: ilt' II:; ,u, 'l( It! ':li ;1~: 'llj I~l III ;:,' .lll County, Florida, and is described as: ~; ;1</ ~I I~ III ~:t~ !i~j ll' ~i I~ ,It ill ~I 11 11 II II ~ 11 11 ~ ~ l~! A 3. Also, restrictions, easements l~l' I:, !~ III lIe' It ;': ,I: III ill l~ll \It o:tl \~I !~I :: l: It ~ ~ II It II II ~ ~ ~! 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 I~ ~ III ~ ~ ~I ~ ~ ~ ~ ~ ~ ~ ~ II~I OO~ ~ ~,; (For other objections or exceptions or for continuations attach exhibits as required.) Ii;! ~ fl Itl , , ,i:: 1~r-~J(J(U)i:;()Cf:fJi1t)~()J.Jr~.i~::;:iti~)f~':"'U1g,u, ):t ;~,t~1tl'_~!iij~,i)J:~J.;~I')tI~iiil~'i)t: )t"~.:J!.'i):(,lt::):(\i}::(I,)tI:ltUt1ltii~ftllmi):t~J:()IW'):(I():("Jt'Ij(,3f3ti~~j(:it ~n-""n-l~-j!}t 'u)t"}!-tt- s(tt~u.~u)t l(.tt'l 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 OGe N€! 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. 11 It It 11 It II l! SCHEDULE B It 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: 11 It it II 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.) i 1:1 ~ 11 Itl ~ II It NONE I~ I' II 11 II 11 " ~ , ~ 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: ~ j;~' .l 'illl II '[:1 I~i ~ ~Qi"! ~ 1-,' 1-1 __ ~I!'i ~ ~ D.', u ~8'~'1' ~ ,II ~~~ ~"I t' II.. I[ ..... I" u II !I ) II, 11: 1['11 f,'1 ,I I i~ I,I' ili I' ',I[ I :'1 ii' :1 III/ ,[ II',!' 1','1 :'! ~lli II: ~I, 1,1 ~!I~ 1111:,i~U o ~ :..: IJJ U <( c:: Q ~ ~ <( Q Z Z 0 <( Q U .<( a:l ::i:: ::c E-o IJJ Z Z IJJ :..: ~"C ..... ~ Cll t:: I' ..... .. +JLI).....+J ON <:;t Cll ~'.......... N ~ . N ~ (I) +JIUC:: > ~ 0 ON..... 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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 A.,'\. ..totlnson. .j u Ch)~ 'lo.tor.( i)v: ,JI)<;.f:P~1 i\m .h~. I.. 't 6 Ha'fo" (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" nl= ~;~f;:;( r. ,_- ,.s. ~f! ~";,;'" ~ii~~~~ ~. ~"'''1;'' ,,1':.c;.rp~ !8 fE~'g:~<) ~~ ~i1,\ l'j":;;:~ ~.~~ ftH"~;~ ~it~ ~;a~ fj:i;-~1~~. ~1 :\~;" i~';!~! h ..'-.'. ti:"i{~i~ ht;lt~i~ ,>.1 . ....~""'., ~.~ 'r~~%f;"'^ 11,\ ~J \,\,';~i'~;;'fr;':'~: 1 ~";<::;;F:: 9. Subrogation upon Payment or Settlement. Whenever the Company sholl hove settled 0 claim under this policy, 011 right of subrogation sholl t: ~.- .~: "\;;':( 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, ~, " ::' ::::~.~ ::',::~,:::':~d ,::,e~:f;~:~':' b:'=:;:'~ ':: ;;:;;;:':,::;~;::::~~, "d,",. h..", " off"h,d h..d, ,;,ood by fh, p''''''''. ,')~}~ " 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 " ' ,,::::~,,)\ ~;,,~;'Ei~;~;:~:ld;ki~j;;;;;J~j%J~;::{-j;;;(;~i~;;;:);Zit;;;;~~,~::i;~i~i;~Ll~"11;~) \ () " I ( t :. \ , c' " - " \ (~ t \ " \ ", . \ J, :.\ ~;f'i.? ;'I{,) ;'1 c, i'f:; ; M,') .~:- -.1 }'\ :;1":\ ij,,~; ;j[\:;~ ;,h I ~~ .> I , \ ~'.~~e:~'i ~_,..~.~\:.~:I 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. ", /". . ..J- ". /."""-_.... --', '" ,/ . 'r' ;. ':::~~,/ r". ...~ ;'c'." _ ....,' , '.',.~:... :','1' >- :t :>-. : i 0 w ::IE \ ...... u ~8 .--I ( 0 Z ~ c( ........ ; ~ ....~ ~ (/) LI.. ~ i:::~ 0 '" -H Z ~ Q) ! ~ w -' ~ I- 0 i= ~ ' ~~ ~:;: .'....,.,.-. .-'..:..".... ',........,.':.-\;.. ",.....' , . _/" ./, F ~'_./-:' _ /'" ./ " ... >, 68- 4303 ~O~K . 356 PAGE 765 .. I' SATISFACTION OF MORTGAGE DREW'S FORM R.E. 22V, Manufactured and for sale by The H. & W. 8. Drew Company Jacksonville, Florida j?~, ~. 0 I:) 'u :;: $~~ 8~g <>= >.-J <t: <l> ...... ~ E~' c..,g~ U'>><t:::E <t: <>= :;: _lLS -' -J I--'U 2: !;;;! 1-' lLS~lLS ::EOlLS ==>-1<>= ""><t:1- t;ucn ==>~ ~ 0 ~>-;= ~ C) ~ cr;:ll !. .$aUsfadion of Blorlgagt 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, #~~~f ~ cj~iffs:~'c::;ar/:t<r"c4 - ~-R./..~~~~. 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 I: It!COROFO IN OFl'lC/AL OF lAKE CO Rf:CORDS BOa PRANK ;;'TOw,R/DA · -'t:mK OF CIRCVrr CO 'ENS -, )JIl( · ~ a ~/,.:<~f~L"';'::A;> m"mm~~~~~i~~~~~i;"!r.~;:; ~_ ~~ \ . 0 ~ !:.,.' l (~ -,. /_.. 0 _"" .... ~ NOTJl.RY PUBLIC. STJl.'rf9ML'ORo~M at-t.!':RGE , MY COMMISSION EXPIRES' D EC': 18, 196~::~. BONDED THROUGH FRED ~. Dl~ST~L~?~S~".'\' ";'11:,;- ;',',1\' <ow ~ ~ ~ ..io.Il ~ a ;!: ~ '" '" ..; 0 .. ~ f- a ::e .. 0 ... :: '" ~ a III ,- .. ..io.Il Q ~ ,,5 ~ ,- ..io.Il ~ ~ " " ~ , '<:,. '~\- ':- ,\-', ..--, ~: '.;. '\ '~~ , ~ '" " .,/, t~~ ~ <l.II .... <<:t ~ (\ ~>.--'- ~-, " ..~~._'* a u: ~ '> c ~ ~ ~ a Q. E a U ~ " o ",,"" cO \. ~ <6 ~ o .&: .... ;( N 0. , " ,#<~ 4trM 1104 .I'lhru~ W'1ffiili1~ltuibl1:drlP / ~ s> 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 -; 7 ~~ -~/~) than one fi ,,>.,...:J ,,,,,,,' i., _.. r;;,t-/ WARRANTY DEED-(Statutory Form.) ~O~K~ 34~ P~,GE 714 ~ TUTBLANX REGISTERED U.S.PAT.OFFICe. Tuffle La w Prin1;Publishers,Rufland.lff. 67 10 ". ,. '/' ,</~ r 4 ' . ..., uo.t, f.. ;).;.{ I' /\.- :J. -7;,' ell -'L~. t( v (;,,~ . '.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. :- R.' J ::.: ~ ~'- <=~ =:z .....; t:;) I.. Q ~':n' !J.'~ 'I:': GF k~'; L. ~ j I: ,~ : ~ 'j /j~ g9CUf/1Ei'.JT;.-~GT.i.\r\f;r' TAX - .-f:f~"i ,:!Xt.. j.~""'==..:=,,::,~--:::=,: == 5E:'10'67 t~~~\~~:t.~~\ == ~ '., u {(tc;~.:{t;"~))? 5 Q (] ~ r:,\~p,~:;};'c~:~~i~)dj;~. =:~=-~~.;~ :s: . . "> co 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: ~~- .4~J~;"""'~_ jfo1,.;t( Gr~; ~=<-' .~~ {J.~~ Kenneth B. MacDonald .L _.;~~~ ~ 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 ~..~~ Not 1'Y. 'Public ,~ ~ r~ ~ e . '0 ~ cU '0 ~ cU'O ~~ o cU o ~ (J 0 cUO :2: (J cU .~ Q:l ,a:":: -1-1 Q) Q) ~ (J ~ cU Q) ~ :"::C:J @ -1-1 ~ o S o ~ ~ Q) ~ U t.H o >. -1-1 'M U '" '-0 I 00 1 O'l (j,,) ~ ~ Q :z: o t ..... ~ I;.;l 00 ~ Q ~ o ~ I;.;l < ~ ~ 00 = < ~ o 'M -1-1 (J Q) U) ~ 'M '" -1-1 o ~ o -1-1 :z: :> -< o C:J t.HLO ON I - N ON 01 O'l ~ ZN Vl ~ o Vl ~ ,a o ~ ~ 'M L ..J uJ 3= o ...J c::( C,,) ~ '<t ~ ..... ~ (13\ '3:-p"O .5 (f) 'g .....<llu: ro III :>-e.... Q) c: g :2" E 0 E '-0:2:. >-~.q-Q) Oc::(NU u::. l' ...><: (J . o .-t CO t.H o ~ ~ <