2008-19ENDORSEMENT
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Endorsement No. 1 to Commitment No.: C-2914469
Name of Original Insured:
CITY OF CLERMONT
Original Effective Date: 02 / 14 / 0 6 11:00.00 p . m .
Original Amount of Insurance: $ 2 , 250, 000.00 Agent's File Reference: POOL-CLERMONT-N
The policy is hereby amended as follows:
1. To change the effective date to April 6, 2008
at 11:00 pm.
2. To add Schedule BI, #4. Payment of the 2007 real
estate taxes.
(Continue text of endorsement on separate continuation sheet if necessary.)
but in all other respects remains unchanged.
ROBERTS & LAW, P.A.
ATTORNEYS AT LAW
Date
Agent No.
04/14/08
2242
Name of Agent
~. ~
Attorney - A ent's Si ature
Form F, (Rev. 6/89) 21:DS1003
Attorneys' Title Insurance Fund, Inc.
By Charles J. Kovaleski
President
Serial No.
(09/00 DisplaySoft Ol-W[N-1-PI: Ill)
A• Settlement Statement
U.S. Department of Housing
and Urban Development , r
OMB No. 2502-0265
B. T e of Loan
1.^ FHA 2.^ FmHA 3. ®Conv. Unins.
4.^ VA 5. ^ Conv. Ins. 6. File Number
INLAND-CLRMT-N 7. Loan Number 8. Mortgage Insurance Case Number
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER:.. CITY OF CLERMONT
ADDRESS OF BORROWER: p, 0. Box 12019, Clermont, FL 34712
E. NAME OF SELLER: INLAND GROVES CORPORATION
ADDRESS OF SELLER: Post Office Box 120186, Clermont, FL 34712
F. NAME OF LENDER:
ADDRESS OF LENDER:..
G. PROPERTY
LOCATION: Clermont, FL 34711
H, SETTLEMENT AGENT: ROBERTS & LAW, P.A., ATTORNEYS AT LAW
250 SOUTH MAIN AVENUE, P.O. BOX 57, GROVELAND, FL 34736-4057
PLACE OF 5ETTLEMENT: 250 SOUTH MAIN AVENUE, P.O. BOX 57, GROVELAND, FL 34736-0057.
I. SETTLEMENT DATE:
J• SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
lOO.GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER
lO1.Contract sales rice 6 000 000.00 401.Contract sales rice 6 000 000.00
102.Personal ro ert 402.Personal ro ert
103.Settlement char es to borrower line 1400 25.00 403.
104. 404.
105. 405.
Adjustments for items aid b seller in advance Adjustments for items aid b seller in advance
106.Cit town taxes to 406.Cit town taxes to
107.Count taxes to 407. Count taxes to
108.Assessments to 408. Assessments to
109. to 409. to
110. to 410. to
111. to 411. to
112. to 412. to
120.GROSS AMOUNT DUE FROM BORROWER ' 6,000,025.00 420. GROSS AMOUNT DUE TO SELLER ' 6,000,000.00
200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER
201.De osit or earnest mone 10 420.05 SO1.Excess de osit see instructions
202.Princi al amount of new loans 502. Settlement char es to seller line 1400 59 343.50
203.Existin loans taken sub'ect to 503.Existin loans taken sub'ect to
204. 504. Pa off of first mort a e loan
205. SOS.Pa off of second mort a e loan
206.Princi al amount of seller financin 5 900 000.00 506. Princi al amount of seller financin 5 900 000.00
207. 507.
208. 508.
209. 509.
209a 509a
209b 509b
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210.Cit town taxes to 510. Cit town taxes to
211.Count taxes 1 1 2008 to 4 23 2008 178.68 S11.Count taxes 1 1 2008 to 4 2 2008 178.68
212. Assessments to 512. Assessments to
213. to 513. to
214. to 514. to
215. to 515. to
216. to 516. to
217. to 517. to
218.. to 518. to
219. to 519. to
220.TOTAL AMOUNTS PAID
BY OR IN BEHALF OF BORROWER ' 5 910 598.73
> > 520. TOTAL REDUCTIONS IN
AMOUNT DUE SELLER ' 5 959 522.18
> >
300.CASH AT SETTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER
301.Gross amount due from borrower line 120 6 000 025.00 601. Gross amount due to seller line 420 6 000 000.00
302.Less amounts aid b for borrower line 220 5 910 598.73 602. Less reductions in amount due seller line 520 5 959 522.18
303.CASH ®From ^ To BORROWER ~ 89,426.27 603.CASH ®To ^ From SELLER ' 40,477.82
PA(;E 1 HUD-1 (3-86) RESPA, HB 4305.2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT PAGE 2
700. TOTAL SALES BROKER'S COM. based on rice 6 00 000.00 % = Paid From Paid From
Division of Commission line 700 as follows: Borrower's Seller's
701. to Funds At Funds At
,,,.,. .,. Settlement Settlement
VVV. 11G111J 1 4
801. Loan Ori ination Fee % to
802. Loan Discount % to
80 . A r i al F to
804. Credit Re ort to
8 5. Le der's I c ion t
806. Mort a e Insurance A lication Fee to
807. to
808. to
8 9. to
810. to
811. to
812. to
813. to
814. to
R 1 5 t0 __
JVV. 1{.01110 1~{: ---
901. lntere t from 4 3 2 8 to 1 da
902. Mort a e Insurance Premium for months to
903. Hazard Insurance Premium for ears to
904. ears to
onS years to
1008
11
11
204
! n....f T„
1308. to
1309. to
1400. Total Settlement Charges (enter on lines 103, Section J and 502, SectionK) ~ 25.00 59,343.50
CERTIFICATION DATE: 4/23/208
t have carefully reviewed the HUD - 1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all teceip s and
disbursements made on my account or by me in this transaction. [further certify that 1 have received a copy of [he HUD - 1 Settlement Statement.
CITY OF CLERM INLAND GROVES CORPORATION
~~._
By• °~'`'"`"- " Borrower B : (J "~' Seller
HAROLD TURVILLE, JR., Mayor ROBERT J. POOL, ident
Borrower
Seller
TRACY ACKROYD, City Clerk
The tIUD-1 Settlement St t which I hive prepared is a<true and accurate account of this transaction. l have caused the funds to be disbursed in accord-
ance with this statement. ROBERTS & LAW, P.A. ATTORNEYS AT LAW
~ ~ ~ ~ ~~Settlement Agent 4/23/2008 Date
WARNING: It is a crime to kn wingly make Ise state ents to the United States on this or any other similar form. Penalties upon conviction can include a
s;„o .....t : ~.~ o„t F'..r flAta' c c P• T,tla 1A ri C ('ndr Rertinn 1nn1 and Cectinn tnln. iNT Anln_r`T QA~ST_T
THIS INSTRUMENT PREPARED BY:
JULIA R. LAW
Attorney at Law
Roberts & Law, P.A.
Post Office Box 57
Groveland, Florida 34736
STATE OF ~~~, ~~i„~t~";>,
COUNTYOF ~, ~ ~'
": ~`;~._
~.5.
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared DANIEL J. POOL
who, after being first duly sworn, deposes and says:
1. That affiant is the Trustee of that certain unrecorded Trust Agreement dated
January 1, 1993.
2. That affiant is over the age of 18 years and has personal knowledge of the
matters contained herein.
3. That the real property described in Exhibit "A" attached hereto and made a part
hereof is held under the terms of the trust.
4. That the deed conveying the above described property to the trust as recorded in
Official Records Book 1205, Page 2084, Public Records of Lake County, Florida, contains
the powers of the trustee. The trustee has the power to sell the property described herein.
5. That the trust was in existence at the time the trust took title to the property
described herein; the trust is still in full force and effect; and the powers of the trustee have
not been revoked.
6. That affiant has made an examination of the trust and found no contradictory
powers.
FURTHER AFFIANT SAYETH NAUGHT.
__~
DANIEL J. POOL
This affid ~ -s~wern to ~ntl~subsedbed.pefore me this,-~ ~r "tlday of ~~ '~ir~ ~._ ,
2008, b affian who is ersonall known to me_ar who has roduced his
y p _,__ y _____.._ . -_- p
as identification. •,
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Notary Public `•,
My commi$sion expires:
,. , ~ ~:~mmi~. pion DID 621895
•xpire; January 15, 2011
~.~ ~m;aA Thi, ,:v. e.in Insuranc^.000-3PS701P
EXHIBIT "A"
THE NORTH ONE-HALF (1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO
WIT:
The East'/2 of Government Lot 3, ALSO DESCRIBED AS the East'/z of the West %2 of
the SW '/4 of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT:
From an iron pipe set in concrete on the West line of Section 14, Township 22 South,
Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State
Road 561-A, run thence South along said Section line 910.66 feet,-thence North
89°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning, thence
run South 49°15'34" East 143.37 feet, thence run South 25°20'19" East 82.74 feet,
thence run South 47°46'19" East 138.47 feet, thence run South 1°23'39" East 131.52
feet, thence run South 25°32'04" West 137.76 feet, thence run South 1°18'56" West
169.01 feet, thence run South 52°28' East 73.24 feet, thence run South 41°18'48" East
53.33 feet, thence run South 47°46'15" East 73 feet, more or less, to a point on the East
line of Government Lot 3 in said Section 14, thence run Northerly to the Northeast corner
of said Government Lot 3, thence run Westerly to the Point of Beginning, all in Section
14, Township 22 South, Range 25 East, Lake County, Florida. (Parcel No. 14-22-25-
000300002400)
AFFIDAVIT
(NO LIEN -GAP)
STATE OF Florida
COUNTY OF H~eird-ry ~;;
Before me, the undersigned authority, personally appeared
DANIEL J. POOL, Trustee on behalf of said Florida trust
who being by me duly sworn, on oath, deposes and says:
1. That_it is the owner(s) of the following described property, to wit:
ALL THAT REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
2. That the above described property is free and clear of all liens, taxes, encumbrances and claims of every kind,
nature and description whatsoever, except for mortgage or mortgages, if any, described in the deed given between the
parties named herein, and except for real estate and personal property taxes for the year _2008 .
3. That within the past 90 days there have been no improvements, alterations, or repairs to the above described
property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or
material furnished for repairing or improving the same, which remain unpaid, except the following:
NONE
4. That there are no mechanic's, materialmen's, or laborer's liens against the above described property.
5. That the personal property contained in the buildings on said property, or on the said premises, and which, if
any, is being sold to the purchaser(s) mentioned below, is also free and clear of all liens, encumbrances, claims and
demands whatsoever.
6. That affiant(s), in the operation of said building and property, complied in all respects with the SALES TAX
LAW of the State of Florida.
7. That there are no violations of Municipal Ordinances pertaining to the above described property.
8. That this affidavit is made for the purpose of inducing
CITY OF CLERMONT, a municipal corporation existing under the laws of
the State of Florida
to purchase said property from affiant(s):
DANIEL J. POOL, as Trustee under that certain unrecorded Trust
Agreement Dated January 1, 1993
9. Affiant(s) agree(s) that in the event the current real estate and personal property taxes vary in amount from
the figures used in making the prorations had in closing the transfer and conveyance of the above described property
to said purchaser(s) then a new proration and a correct and proper adjustment will be made upon demand.
10. That no judgment or decree has been entered in any court of this state or the United States against said
affiant(s), and which remains unsatisfied.
11. That there is no person in possession of the property or with a claim of possession to the property except
the owner(s).
12. That there are no matters pending against the Seller that could give rise to a lien that would attach to the
property between the date of the Commitment and the recording of the interest to be insured, and that the Seller has not
and will not execute any instrument that would adversely affect the title or interest to be insured.
I3. Affiant(s) further state that they are each familiar with the nature of an oath; and with the penalties as pro-
vided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Affi-
ant(s) further certify that they have read, or have heard read to them, the full facts of this affidavit, and understand
its context.
DANIEL J. POOL, as Trustee under
that certain unrecorded Trust
Agreement Dated January 1, 1993
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d
By ; '~_ ~; ~ ~...,' _ --~~~~-.~ SEAL)
DANIEL J. PO_G~L-,, ~~~~~S7APLES
'~~ ~ ~:,ommission DD 621895
STATE OF Florida ~~~~, ~xpirasJanuary15,2011
COUNTY OF He~rd~y ~~~~ , ;°~`` ~-~`n,l=.:f Thru Troy Fein lnsuranr,~800-3P5-7019
Sworn to and subscribed before me this 2 3rd day of Apr 11 ~ 2 0 ~ $ by
DANIEL J. POOL, Trustee on behalf of said Florida trust
he is~ersy onally known to me or he has produced his Florida driver ' S l~ ieense as ide
Printed Name';
Notary Publxcj
My Commission Expires: "
itificaCion.
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Exoires Januar/ 15, 2011
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EXHIBIT "A"
THE NORTH ONE-HALF (1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO
WIT:
The East % of Government Lot 3, ALSO DESCRIBED AS the East %2 of the West % of
the SW '/4 of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT:
From an iron pipe set in concrete on the West line of Section 14, Township 22 South,
Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State
Road 561-A, run thence South along said Section line 910.66 feet,•thence North
89°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning, thence
run South 49°15'34" East 143.37 feet, thence run South 25°20'19" East 82.74 feet,
thence run South 47°46'19" East 138.47 feet, thence run South 1°23'39" East 131.52
feet, thence run South 25°32'04" West 137.76 feet, thence run South 1°18'56" West
169.01 feet, thence run South 52°28' East 73.24 feet, thence run South 41°18'48" East
53.33 feet, thence run South 47°46'15" East 73 feet, more or less, to a point on the East
line of Government Lot 3 in said Section 14, thence run Northerly to the Northeast corner
of said Government Lot 3, thence run Westerly to the Point of Beginning, all in Section
14, Township 22 South, Range 25 East, Lake County, Florida. (Parcel No. 14-22-25-
000300002400)
ENTITY(ies)
OWNER'S AFFIDAVIT
NON-FOREIGN CERTIFICATE AND
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
STATE OF Florida
COUNTY OF H~e.~ ~,,,.:, ~,
BEFORE ME, the undersigned authority, personally appeared
DANIEL J. POOL, Trustee on behalf of said Florida trust
(the "Seller"), ("Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes
and says:
A. OWNER'S AFFIDAVIT
Seller is the owner of the following described property (the "Property"):
ALL THAT REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
Street Address: , Clermont, FL 34711
2. There is no outstanding contract for the sale of the property to any person or persons
whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property.
3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or
security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment
now installed in or which are to be affixed to the Property; (except for mortgages described in the deed
given by the undersigned); that there are no unpaid taxes, levies, assessments, paving liens or utility liens
against the Property (other than real estate taxes for the current year).
4. There have been no improvements made upon the Property within the past ninety (90) days for
which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens
might be claimed by anyone.
5. There are no matters pending against Seller which could give rise to a lien that would attach to the
Property during the period of time between the effective date of the title insurance commitment and the time
of recording of the instruments evidencing the Buyer's fee simple or other interests in the Property; and that
the Seller has not executed and will not execute any instrument that would adversely affect the title to the
Property from the date of this Affidavit forward.
6. There are no judgments, claims, disputes, demands or other matters pending against Seller that
could attach to the Property. Seller has complied with the Florida Sales Tax laws where applicable. Seller
acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or
occupancy by Buyer, whichever first occurs.
7. Seller is in sole constructive or actual possession of the Property and no other person has any
right to possession of the Property, or asserts any claim of title or other interests in it.
8. Seller represents there are no violations of governmental laws, regulations or ordinances
pertaining to the use of the Property.
Owner's Affidavit -Page 2
B. NON-FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Section 1445 of the Internal Revenue Code provides that a transferee ("Buyer") of a U.S. real
property interest must withhold tax if the transferor ("Seller") is a foreign person. For U.S. tax purposes
(including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property
interest under local law) will be the Seller of the property and not the disregarded entity. To inform the
Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest by Seller,
the undersigned hereby certifies the following on behalf of Seller:
1. Seller's Legal Name Is:
DANIEL J. POOL, as Trustee under that certain unrecorded Trust
Agreement Dated January 1, 1993
2. Seller's Office Address is:
P. O. Box 3026, La Belle, FL 33935
3. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as
those terms are defined in the Internal Revenue Code and Income Tax Regulations).
4. Seller is not a disregarded entity as defined in §1.1445-2(b)(2)(iii).
In connection with the sale or exchange of the Property you are required by law to provide
ROBERTS & LAW, P.A., ATTORNEYS AT LAW
with your correct taxpayer identification number (TIN}. If you do not so provide your TIN, you may be
subject to civil or criminal penalties imposed by law.
5. Seller's Taxpayer Identification Number is:
DANIEL J. POOL, as Trustee under that certain unrecorded
Trust Agreement Dated January 1, 1993
6. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099-5,
the property is Seller's (check one):
Principal Residence
x Other Real Estate
This taxpayer identification number is being provided in connection with a real estate
transaction.
The undersigned understand that this Certificate maybe disclosed to the Internal Revenue Service by the
Buyer and that any false statement contained herein could be punished by fine, imprisonment or both.
Under penalties of perjury, I declare that I have examined this certification and to the best of my
knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this
document as or on behalf of the Seller, and that the number shown on this statement is Seller's correct TIN.
Seller states that this instrument is given for the express purpose of inducing
CITY OF CLERMONT, a municipal corporation existing under the laws of
the State of Florida
to purchase the Property and to cause ROBERTS & LAW, P . A . , ATTORNEYS AT LAW
as agents for
to disburse funds and insure title to said property. This Affidavit is made under the full understanding of the
law regarding liability for any misrepresentation herein.
DATED this23rd day of April 2008
DANIEL J. POOL, as Trustee under
that certain unrecorded Trust
A~reement Dated January 1, 1993
__~ ,,
r
--~-
DANIEL J. POOL, Trustee
STATE OF Florida
COUNTY OF ..13,ex~r~ 'r.
Sworn to and subscribed before me [his 2 3rd day of Apr i 1 ~ 2 00 8 by
DANIEL J. POOL, Trustee on behalf of said Florida trust
he is personally known to me or he has produced his Florida driver `'S`1 1 ieense as jden[ifi~[ion.
~.:~.~ ~ ~
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Printed NamT~,,
Notary Public
My Commission Expires:
,.;~_P:~::P~d. ~3EVtRLY S. Sl"APLES
"' h~ ~~= Commission DD 621895
' ~a=' Expires January 15, 2011
'~ e of F~ ~~ Bondad Thro Troy Fain Insurance 00030S701f
EXHIBIT "A"
THE NORTH ONE-HALF (1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO
WIT:
The East'/z of Government Lot 3, ALSO DESCRIBED AS the East'/z of the West'/2 of
the SW '/4 of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT:
From an iron pipe set in concrete on the West line of Section 14, Township 22 South,
Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State
Road 561-A, run thence South along said Section line 91Q.66 feet,•thence North
89°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning, thence
run South 49°15'34" East 143.37 feet, thence run South 25°20'19" East 82.74 feet,
thence run South 47°46'19" East 138.47 feet, thence run South 1°23'39" East 131.52
feet, thence run South 25°32'04" West 137.76 feet, thence run South 1°18'56" West
169.01 feet, thence run South 52°28' East 73.24 feet, thence run South 41°18'48" East
53.33 feet, thence run South 47°46'15" East 73 feet, more or less, to a point on the East
line of Government Lot 3 in said Section 14, thence run Northerly to the Northeast corner
of said Government Lot 3, thence run Westerly to the Point of Beginning, all in Section
14, Township 22 South, Range 25 East, Lake County, Florida. (Parcel No. 14-22-25-
000300002400)
AFFIDAVIT FOR DISBURSEMENT
STATE OF Florida
COUNTY OF Hei°td~y r...;..~`..~.
The undersigned (hereinafter referred to singularly or collectively as
"Affiant"), being first duly sworn, deposes and says:
1. That Affiant is the sole owner, in fee simple, and in possession of
that certain real estate situate in the County of Lake ,
State of Florida legally described as follows:
ALL THAT REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
2. Affiant certifies that from April 6th, 2008 at 11 :00 p.m.
(date of most current title certification) no lien, encumbrance, or
other document has been filed of record which adversely affects the
title to the above described property.
3. In the event any documents which adversely affect title to the
above described property are filed of record subsequent to the date and
time set forth in paragraph 2 above, through the date and time of
recording of title to any purchasers and/or recording of any mortgages,
Affiant agrees to assume FULL LEGAL RESPONSIBILITY for satisfaction
and/or removal of same.
4. Affiant further agrees to indemnify
ROBERTS & LAW, P.A., ATTORNEYS AT LAW
and
for any loss or damage, including court costs and attorneys fees,
arising from any intervening liens or other matters which adversely
affect the title to the above described property.
5. Affiant understands that the figures set forth on the settlement
statement relating to mortgage payoffs, mortgage assumptions, taxes,
utilities, rental prorations, maintenance fees, special assessments,
and/or any other charges are based upon the best information available;
and in the event said figures differ from the actual figures, Affiant
agrees to promptly pay all additional sums owing which are necessary to
fully satisfy said outstanding balances.
6. Affiant gives this Affidavit
ROBERTS & LAW, P.A., ATTORNEYS AT LAW
to disburse, at the time of closing,
proceeds, and/or disbursements made
between the parties hereto.
for the purpose of inducing
any proceeds of sale, any mortgage
in accordance with any agreements
7. Affiant understands whoever makes a false statement which they do
not believe to be true, under oath, not in an official proceeding, in
regard to any material matter, shall be guilty of a misdemeanor of the
first degree, punishable by a definite term of imprisonment not exceeding
one (1) year, as provided in Chapter 775 of the Florida Statutes.
DANIEL J. POOL, as Trustee under
that certain unrecorded Trust
Agreement Dated January 1, 1993
`. -~
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DANIEL J. POOL,~'Trustee
STATE OF Florida
COUNTY OF H'emd~ry' ~..~;.ii~.
Sworn to and subscribed before me this 23rd day of April 2008 by
DANIEL J. POOL, Trustee on behalf of said Florida trust
he is personally known to me or he haslproduced 'his~;Flori;da driver's
license as identification.
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EXHIBIT "A"
THE NORTH ONE-HALF (1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO
WIT: .
The East %2 of Government Lot 3, ALSO DESCRIBED AS the East %2 of the West''/2 of
the SW '/4 of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT:
From an iron pipe set in concrete on the West line of Section 14, Township 22 South,
Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State
Road 561-A, run thence South along said Section line 910.66 feet,-thence North
89°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning, thence
run South 49°15'34" East 143.37 feet, thence run South 25°20'19" East 82.74 feet,
thence run South 47°46'19" East 138.47 feet, thence run South 1°23'39" East 131.52
feet, thence run South 25°32'04" West 137.76 feet, thence run South 1°18'56" West
169.01 feet, thence run South 52°28' East 73.24 feet, thence run South 41°18'48" East
53.33 feet, thence run South 47°46'15" East 73 feet, more or less, to a point on the East
line of Government Lot 3 in said Section 14, thence run Northerly to the Northeast corner
of said Government Lot 3, thence run Westerly to the Point of Beginning, all in Section
14, Township 22 South, Range 25 East, Lake County, Florida. (Parcel No. 14-22-25-
000300002400)
THIS INSTRUMENT PREPARED BY:
JULIA R. LAW
Attorney at Law
Roberts & Law, P.A.
P. O. Box 57
Groveland, Florida 34736
Parce-ID Number: 1422250003-000-02400
Warranty Deed
This Indenture, Made this 2 3rd day of
DANIEL J. POOL, as Trustee under
Agreement Dated January 1, 1993
of the County of Hendry
CITY OF CLERMONT, a municipal co:
the State of Florida
whose address is: POSt Office BOX 120219,
April , 2008 A.D., Between
that certain unrecorded Trust
, Slate of Florida ,grantor, and
rporation existing under the laws of
Clermont, FL 34712
of the County of Lake , State of Florida ,grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
------------------------TEN DOLLARS ($lO)----------------------- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Lake S[a[e of Florida to wit:
ALL THAT REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered in our presence: DANIEL J . POOL, as Trustee under
that certain unrecorded Trust
~ _ Agreement Dated January(1, 1993
N ~ ,' ,~ gy; ~~_. `~Z., ~ ~ - ~ ~ \ , (Seal)
Prin ed Name : -~~,; : ,f %1. .~;;w • DANIEL J. PO(~' L, Trustee
WltlneS S P.O. Address: P. O. Box 3026, La Belle, FL 33935
~ ~~ ~ ~ .~
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Printed N1~e~ . '~'~' Sri ~; ~ 1 ~C,_t~~r ~>
Witness ! a
STATE OF Florida
COUNTY OF I Lake
The foregoing instrument was acknowledged before me this 23rd day of Apr1.1 , 2008 by
DANIEL J. POOL, Trustee on behalf of said Florida trust
he is personally known to me or he has produced his Florida
~„ ~ i ;~Fil_Y S. STAPLES
~~ , ~z ,, ;oi emission DD 621201 ~
~=:<rnres ~lanuary 15,
. . ~ ..w _„~, c,,~n moumnoa 900.325~701t
driver's license as identifica~lon.
~~ ~ ., ~
i1'' ++a y
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Printed Name`.,
Notary Pubk.ic,
My Commission Expires: ,
EXHIBIT "A"
THE NORTH ONE-HALF (1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO
WIT:
The East'/2 of Government Lot 3, ALSO DESCRIBED AS the East'/2 of the West'/2 of
the SW '/4 of Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT:
From an iron pipe set in concrete on the West line of Section 14, Township 22 South,
Range 25 East, Lake County, Florida, and lying 33 feet South of the center line of State
Road 561-A, run thence South along said Section line 910.66 feet,•thence North
89°36'22.5" East 986.36 feet to a concrete monument at the Point of Beginning, thence
run South 49°15'34" East 143.37 feet, thence run South 25°20'19" East 82.74 feet,
thence run South 47°46'19" East 138.47 feet, thence run South 1°23'39" East 131.52
feet, thence run South 25°32'04" West 137.76 feet, thence run South 1°18'56" West
169.01 feet, thence run South 52°28' East 73.24 feet, thence run South 41°18'48" East
53.33 feet, thence run South 47°46'15" East 73 feet, more or less, to a point on the East
line of Government Lot 3 in said Section 14, thence run Northerly to the Northeast corner
of said Government Lot 3, thence run Westerly to the Point of Beginning, all in Section
14, Township 22 South, Range 25 East, Lake County, Florida. (Parcel No. 14-22-25-
000300002400)
PAID IN FULL 6/12/08
(~ ~.~
PROMISSORY NOTE
$1,500,000.00
!~ mac- ~ 1 ~~?> , 2008
Clermont, Florida
FOR VALUE RECEIVED, the undersigned, CITY OF CLERMONT ("Maker")
promises to pay to the order of DANIEL J. POOL, as Trustee under that certain
unrecorded Trust Agreement Dated January 1, 1993 ("Holder") or order, at its place
of business at Post Office Box 3026, LaBelle, Florida 33935, or at such other place as
the Holder of this Note may designate in writing, the principal sum of ONE MILLION
FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00), together with
interest, if any, thereon at the Interest Rate, in lawful money of the United States, which
shall be legal tender in payment cf all debts and dues, public and private, at the time of
said payment, said principal and interest to be payable as set forth below.
1. INTEREST RATE AND PAYMENTS.
(a) Interest shall accrue during the term of this Note at the rate of 4%
(four percent) per annum or the Applicable Federal Rate as established by the internal
Revenue Service for the month any payment is made as set forth below, whichever is
greater. There shall be no penalty or consequence to Maker for pre or early payment.
(b) Interest shall be calculated on the basis of a 360-day year, actual
days elapsed.
(c) Until such time as the Note is paid in full, Maker shall make quarterly
interest payments to Holder of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00) beginning on the first business day after the expiration of 90 days from the
date of execution of this Note and continuing each 90th day thereafter until the Note is
paid in full.
2. TERMfMATURITY DATE. The term of this Note is ccmpri~ed of a
distinct loan period:
(a) The loan period shall commence on the date of this Note and extend
through and including April 23, 2011, or at such time Maker has obtained disbursement
of applied for grants for the amount enabling it to pay off this Note, whichever occurs first
(herein the "Maturity Date").
3. ATTORNEYS' FEES. All parties liable for the payment of this Note
agree to pay the Holder in addition to the principal and interest due and payable hereon,
reasonable paralegal fees, attorneys' fees and costs, whether or not an action be
brought, for the services of counsel employed after maturity or default to collect this Note
or any principal or interest due hereunder, or to protect the security, if any, or enforce the
performance of any other agreement contained in this Note or in any instrument of
security executed in connection with the loan evidenced hereby, including, but not
limited to costs, paralegal fees and attorneys' fees and costs on any trial, or appellate
proceedings, or in any proceedings under the United States Bankruptcy Code or in any
post judgment proceedings.
4. EVENTS OF DEFAULT. The failure of any Obligor to pay any
principal, interest or any other sums required hereunder when due under this Note shall
constitute a default or Event of Default hereunder.
5. ACCELERATION. If a default or Event of Default shall occur
hereunder and such default shall continue for ten (10) days then at the option of the
Holder, the entire principal sum then remaining unpaid and accrued interest shall
immediately become due and payable without notice or demand, and said principal shall
bear interest from such date at the highest legal rate permitted by law; from time to time,
to be charged by Holder, it being agreed that interest not paid when due shall, at the
option of the Holder, draw interest at the rate provided for in this paragraph. Failure to
exercise the above options shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default. If this Note is payable upon demand, then no
terms or provisions contained in this paragraph shall be deemed or interpreted to alter or
abrogate the demand nature of this Note or the right of Holder under a demand
instrument.
6. FLORIDA LAW. This Note is executed under seal and constitutes a
contract under the laws of the State of Florida, and shall be enforceable in a Court of
competent jurisdiction in that State, regardless of in which State this Note is being
executed.
7. HEADINGS. The headings of the paragraphs contained in this Note are
for convenience of reference only and do not form a part hereof and in no way modify,
interpret or construe the meaning of the parties hereto.
PRE-PAYMENT PENALTY: THE LOAN MAY BE PRE-PAID IN WHOLE OR IN PART
AT ANY TIME WITHOUT PENALTY.
MAKER AND HOLDER HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS NOTE AND ANY AGREEMENT CONTEMPLATED TO
BE EXECUTED IN CONJUNCTION HEREWITH, OR COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR
ACTIONS OF EITHER PARTY. THIS PROVISION IS MATERIAL INDUCEMENT FOR
HOLDER ENTERING INTO THIS AGREEMENT.
CITY OF CL MONT
y~
H41? LD URVILLE, JR., Mayor
MAKER
ADDRESS OF MAKER:
685 West Montrose Street
Clermont, Florida 34711