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160-Keller Industries Bond Issu MEMORANDUM October 19, 1988 FROM: William, Colbert City Attorney ~ H. N. Tamm, Jr., City Clerk~/~ Keller Industries, Inc. Deed TO: RE: Attached are co~ies of a warranty deed, financing statement, title policy and Resolution No. 1367. Stanley Levine of Keller Industries, Inc. telephoned and stated that they are trying to refinance the parcel of land in the warranty deed and the City has not transferred title. Please advise what action should be taken. jem attachment It;) l ~ '- m ,/ FlAGSHIP BANK OF TAMPA Post Office Box 1498. Tampa. Florida 33601 (813) 224.2460 Trust Department July 8, 1982 City of Sanford City Hall Sanford, FL 32771 Attn: H. N. Tam, Jr., City Clerk RE: Keller Industries, Inc. Industrial Development Revenue Bonds City of Sanford, Series 1977 Dear Mr. Tam, Jr.: Enclosed please find fully executed copy of "Agreement as to Substitution of Trustee and Amendment to Indenture and Amendment to Guaranty Agreement" with regard to our acting as Trustee in the above captioned matter. A fully executed copy has been forwarded to the Clerk of Court for recording. I thank you for your cooperation in this matter. Very truly yours, ~ GILMAN N. GAUVIN Trust Officer - Corporate Services GNG/to Enclosure The Trust People People Trust in Florida , ~ AGREEMENT AS TO SUBSTITUTION OF TRUSTEE AND AMENDMENT TO INDENTURE AND AMENDMENT TO GUARANTY AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Sanford, a municipal corporation created and existing under the laws of the State of Florida; Keller Industries, Inc., a Florida corporation; the Flagship Bank of Orlando, a banking and trust company having its principal office in the City of Orlando, Florida and the Flagship Bank of Tampa, a banking and trust company having its principal office in the City of Tampa, Florida WHEREAS trust business of the Flagship Bank of Orlando has been transferred to the Flagship Bank of Tampa, and WHEREAS the City of Sanford, Keller Industries, Inc., and the Flagship Bank of Orlando have previously executed an Install- ment Purchase Trust Agreement on December 1, 1977, naming the Flagship Bank of Orlando as Trustee thereunder, and WHEREAS the City of Sanford and the Flagship Bank of Orlando did execute and enter into a Guaranty Agreement and an Indenture both dated the first day of December, 1977, and WHEREAS the parties now wish to substitute the name of the Flagship Bank of Tampa on all of the above documents where the name Flagship Bank of Orlando therein appears. NOW THEREFORE the parties agree as follows: 1. Pursuant to the provisions of Section 10.14 of the Installment Purchase Trust Agreement referred to above, the Flag- ship Bank of Tampa shall be the Successor Trustee thereunder and the Flagship Bank of Orlando shall 'deliver all assets of the trust to the Flagship Bank of Tampa, and upon receipt the Flagship Bank of Orlando shall be relieved of its further responsibility or liability with respect thereto. Thereafter the Flagship Bank of Tampa will administer the Trust pursuant to the original Install- ment Purchase and Trust Agreement as Trustee. 2. The name Flagship Bank of Tampa shall be substituted for the name Flagship Bank of Orlando wherever that name appears in the Indenture executed by the City of Sanford (as Mortgagor)~ Keller Industries (as Mortgagee) and the Flagship Bank of Orlando (as Trustee) dated December 1, 1977, and recorded in the Official Records of . Seminole County at Book 1173 on page 1381. This Amendment properly reflects the substitution of the Flagship Bank of Tampa as Trustee and the Flagship Bank of Tampa shall thereafter assume the rights and duties under the Indenture and the Flagship Bank of Orlando shall be relieved of any further responsibility or liability thereunder. 3. In a like manner, the Guaranty Agreement dated December 1, 1977, by and between Keller Industries, Inc. (as Guarantor) and the Flagship Bank of Orlando (as Trustee) shall be amended so as to sub- stitute the name Flagship Bank of Tampa for the name Flagship Bank of Orlando wherever that name appears in that document. The Flagship Bank of Tampa shall hereafter assume all rights and duties of the Flagship Bank of Orlando thereunder, and the Flagship Bank of Orlando shall thereafter be relieved of any further responsibility or lia- bility thereunder. 4. The Flagship Bank of Tampa hereby accepts the duties and obligations as Trustee under the said Installment Purchase Trust Agreement dated December 1, 1978, as amended by this document and further assumes the rights and duties under the said Guaranty Agreement and Indenture also executed on December 1, 1977, and hereby acknowledges receipt of the Trust assets from the Flagship Bank of Orlando. :' ' Th~trument was prepared ~ ~- - - - ~LQi2f2.L of le~Frank & Trinkle P. O. Box 2111, Tampa, Fla. 33601 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective corporate names and their respective corporate seals to be affixed and attested by their duly authorized officers, all as of the date first above written but actually executed as indicated by the acknowledgements below. (SEAL) ATTEST: CITY OF SANFORD, FLORIDA By: ~H-- Mayor-Commissioner 4~~~~. cay/ CI (_ _ KELLER INDUSTRIES, INC. (SEAL) ATTEST: //' / Lo~<-~'1/ ~~ a Kd~"f Secretary . WITNESSES: FLAGSHIP , , ~, X;\ \-T' J\ (JniL~ Ks to Trustee By: Its: President As Trustee ~' ----- L~, )> _, { T v~ c- l........l.- C-/~ WITNESSES: FLAGSHIP BANK OF TAMPA nit 1 n> 1114-- VY\rwh ~~ 'b ~- \ \ ~"72 ;I ..~?/ x. ~4'~~~ As to S ccessor Trustee ( BY~~~~~ Its: Trust Officer - Corporate Services As Successor Trustee -2- STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 23rd day of April , 1982, by Lee P. Moore the Mayor-Commissioner, and H. N. Tamrn. Jr. , the City Clerk of the City of Sanford, Florida, respectively, on behalf of the City of Sanford, Florida. ~ lrrv,R~ OTARY PUBLIC My Commission Expires: Notary Puhlic, State of Florida My Commission EKpi,es April 16, 1985 ponded Thr.u Troy fdin. In.>'Jlcnlo:t:, 10(;;.\ STATE OF FLORIDA COUNTY OF ~ DADE ". The foregoing instrument was acknowledged before me this / 4: day of ~ ' 1982, by ilo..lutf)11. (1 ff7u< /Yu../'. 'thS ~J.;v .~ J~~t Keller Industries, Inc., a Florida corporation on behalf of the corporation. ~0I1.~ NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV 2 19.83 BONDED THRU GENERAL INS. UNDERWRITERS STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 17th day of June , 1982, by H. E. Davis, President as 'I'rustee for the Flagship Bank of Orlando, a banking and trust company having its principal office in the City of Orlando, Florida. (J (2,-,-~ h l' c,,-~Qcc NOTARY PUBLIC My Commission Expires: ~TARY Mi:\CSTATE OF 'FLORIDA AT LARC:;I MY <:OMMISS10N Wlili~ iJol.: ~3 191;j~ IONOcL) lHKU ~tNCKl-\L I H:> , 1.J"",c"" ". ,,::,,~ -3- - . STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 7th day of July , 1982, by' Gilman N. Gauvin as Trust Officer-Corporate ser!bre~he Flagship Bank of Tampa, a banking and trust company having its principal office in the City of Tampa, Florida. d4rf). cJtf #- My Commission Expires: , , I. CLEVELAND, MIZE & BRIDGES ATTORNEYS AND COUNSELORS AT LAW PICD BUILDING MACK N, CLEVELAND. JR. C. VERNON MIZE, JR. JACK T, BRIDGES 209 NORTH OAK AVENUE P. Q. DRAWER Z Hay 30, 1979 SANFORD, FLORIDA 32771 TELEPHONE 322-1314 Hand Delivery Mr. Henry N. Tamm, Jr. City Clerk City of Sanford, Florida Re: Keller Industry Bond Issue Dear Henry: I have for sometime had in my file certain documents relative to the above matter which should be in your possession as custodian of City documents. Therefore, enclosed herewith are the following documents: 1. Warranty Deed from Hunt Oil Company to the City of Sanford, dated May 31, 1978 and recorded in Official Records Book 1173, pages 1379-1380 on the public records of Seminole County, Florida. 2. Financing Statement showing Keller Industries, Inc. as debtors and City of Sanford as secured party dated June 14, 1978 and recorded in Official Records Book 1173, page 1388 on the public records of Seminole County, Florida. 3. Lawyers Title Insurance Corporation, Policy No. J8045l3 in the sum of $30,000.00 dated June 14, 1978 insuring the City of Sanford. I assume that you have had the document executed which was requested by Flagship Bank relative to the bond issue being assigned to the bank in Tampa and will send that direct to the bank. If there are any questions, please advise, Very truly yours, CLEVELAND, MIZE & BRIDGES ~ C. Vernon Mize, Jr. CVMjr/bes enclosures P.S. Please return the Substitution as Bank Trustee document to Bill Hutchison. --'--' 1. Deb~rl,s) llast Name First) and address(esl ,t~ . ..,.. . .' 1\ :"e..L18Y.' Inl1us;:rles, Inc. IJOGO ~tat2 Road 09 0iami, Flo~i6a 3?162 Ci-ty of Sanfora. City Hall Sanfor6, Florida 32771 Maturity date if any Fo.r.fil1f,g Offi(~te, Time, Number. ond Filing Office ., Z 0 !: ~ t N en N c:;) ~ THIS FINANCING STATEMENT is presented to a filing officer for filing pursuant to the Uniform Commercial Code: 2. Secured Party(ies) and address(es) c....;. ~ z: w -",. ::r All furniture, fixtures, machinery, equipment and other personal property of every nature whatsoever or herea~ter owned by Debtor and attached to, used in connection with or locatea. in or on the real ~roper'ty o.escriLed in Schedule A a'ttachec.l here'co. ~ . t .., . ~ ; , t,. , >.. no ;t-i ~ c:r:: 4. This financing statement covers the folloW"ing types (or items) of property: 5. Assigneel\s) of Secured Party and Addressles', 6. The sec.ured porty(s). whose signature{s} appears below, states that the stomps required by Chapter 201. Florida Statutes. il any. have been placed on the promissory Instruments secured hereby, and will be placed on any additional and similar instrument that may be so secured. Flagship Bank of Orlando Post Office Box 6727 Orlano.o, Florida 32803 This statement is filed without the debtor's signature to perfect a security interest in collateral. (Check 181 if so) C Already subject to a security interest in another jurisdiction when it was brought into this state. D which is proceeds of the original collateral described above in which a security interest was perfected: By, _ r I /' Sign~~e!s) of ebtoris) ~~A//'~ Y./C~ --~eL;,)-/PC./~ , , 0" t;;.g"oy AI h b" I ST ANDARD ~~'t:f1Wr. ~~ac;~SR.) ~OO -:&R1U.~_TT o~ - Clta rnQ - ':E7' ""Z ......, r-O :1:11"11 W 0.... ~O c :z:~ W ... ,. -<~ ex> "1 ex> Check cs;J if covered: ~ Proceeds of Collateral are also covered. XJ Products of Collateral are also covered, No. of additional Sheets presented: Filed with, CLL;~{~~ Oli' Cn~CUI':C CaUL'i.', SEl:lIlJOLE COUl-:TY l.~:'::~J:,LER nmUSTRII;S, E1C. By, Signature(s: of Secured PartY'lies; FORM - FORM UCC-l ~~ ~. ,TA~fHUU.S"~AI ~~I iJJ1I!C'Y ~"t~~tJ of Flo'id~ , , 7 3 , 389 lOOK PAGE SEMINOLE COUNTY FLORIDA The legal description of that certain parcel of land (herein SCHEDULE A called the "Property" or "the land of the Project" or "the site of the projecttl) situate, lying and being in the City of Sanford, Seminole County, Florida, is as follows: From the Center of Section 7, Township 20 South, Range 31 East, Seminole County, Florida, run West along the North Line of the sw 1/4 of said Section 7, a distance of 621.47 feet, thence run S.0036'56"W., 25.00 feet for a POINT OF BEGINNING, thence continue S.0036'56t1W., along the West Right-of-~'lay Line of the ACL Railroad, a distance of 502.45 feet to a Point on a curve concave Northwesterly having a radius of 454.84 feet and a tangent bearing at said point of 5.18039 I 22"W., thence run Southwesterly along said curve, a distance of 383.55 feet through a central angle of 48018'56", thence run N.oo14'08"W., parallel to the East line of the SW 1/4 of said Section 7, a distance of 775.52 feet, thence run East 261.50 feet to the Point of Beginning. Said Parcel contains 4.000 Acres. P \', '-, ~ J~ ~ ~,) ~ ,- \o~.1 , 1 . , AMOUNT kwyers l1tle Insurance (9rporation A Stock Company Home Office - Richmond ,Virginia POLICY OF TITLE INSURANCE SCHEDULE A NAME OF INSURED DATE OF POLICY $ 30,000.00 14 June 1978 3:44 P. M. CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE OF FLORIDA 1. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE OF FLORIDA 3. The land referred to in this Policy is described as follows: The following land is located in Seminole County, Florida: From the Center of Section 7, Township 20 South, Range 31 East, Seminole County, Florida, run West along the North line of the SW 1/4 of said Section 7, a distance of 621.47 feet, thence run S. 0036'56" W., 25.00 feet for a POINT OF BEGINNING, thence continue S. 0036'56" W., along the West right-of-way line of the ACL Rail- road, a distance of 502.45 feet to a point on a curve concave Northwesterly having a radius of 454.84 feet and a tangent bearing at said point of S. 18039'22" W., thence run Southwesterly along said curve, a distance of 383.55 feet through a central angle of 48018'56", thence run N. 0014'08" W., parallel to the East line of the SW 1/4 of said Section 7, a distance of 775.52 feet, thence run East 261.50 feet to the Point of Beginning. BEING the same property conveyed to CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE OF FLORIDA, by deed from HUNT OIL COMPANY, a Delaware corporation; dated 31 May 1978, and recorded 14 June 1978 at 3:43 P. M., in Official Records Book 1173, Page 1379, of the Public Records of Seminole County, Florida. ( Issued at: Sanford, Florida 10841 Page l-Sched. A-Policy No. J 804513 ORIGINAL ALTA Owner's Policy-Form A-1970 (Rev, 10,17,701 Copyright 1969 PolICY 84-lltho in U,S,A, AlTA Owner's PolICy-Form A-1970 (Rev, 10,17,70) Copyright 1969 kwyers l1tle Insurance (9rporation A Stock CompOfl.y Horne'()~it'RtdHnOJld ,Virginia SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STlPUlATION$HE~EOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the <,:ompany, insures, as of D.ate of Policy shown in Schedule A, against loss or damage, not exceeding the amol.,tnt of insu'tQn(;e stoted in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay herel,Jnder, sustained or incurred by the insured by reason of: ' .' . 1. Title to the estate or interest described in Sqbedl,de A being vested otherwise than as stated ther~in; 2. Any defect in or Iien,or encumbrartceon sucll title; or 3. Lack of a right of access to and from the laoo. IN WITNESS WHEREOF the Company has c()\Jsed.;~hisPolicy to be ~igned and sealed, to be valid when Sched- ule A is countersigned by an authorized officer or agellt, of tbe Company, all in accordance with its. By-Laws. , ' kwyers l1tle Insuf6'F (9rporation 07ukt-c. ~~ s Presiden' Attest: ~ ~~,y EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulat- ing the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights' of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. ' 3. Defects, liens, encumbrances, adverse claims, or other matters (0) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records ~ut known to the insured claimant either at Dote of Policy or at the dote such claimant acquired on estate or interest insured by this policy and not disclosed in writing by the insured claimant to the COrTlpany prior to the dote such insured c1aimar.t become on insured hereunder; (c) resulting in no loss or dam- age to the insured claimant; (d) attoching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the es- tate or interest insured by this policy. 4. .The refusal of any person to purchase, lease or lend money on the estote or interest covered hereby in the land described in Schr ' de A. ... , , J . ' . ) kwyers lltle Insurance (9rporation A Stock Company Home Office - Richmond .Virginia SCHEDULE B This Policy does not insure against loss or damage by reason of the following: I. The dower, curtesy, homestead, community property, or other statutory marital rights, if any, of the spouse of any individual Insured. 2. Taxes for the year 1978 and any taxes or assessments levied or assessed subsequent to the date of this policy. 3. Any possible unfiled mechanics', materialmen's, or laborers' liens. 4. Terms and conditions of restrictive covenants as appear in Official Records Book 1173, Page 1373, of the Public Records of Seminole County, Florida. 5. U.C.C. Financing Statement securing CITY OF SANFORD; recorded 14 June 1978 at 3:43 P. M., in Official Records Book 1173, Page 1388, of the Public Records of Seminole County, Florida. 6. U.C.C. Financing Statement securing FLAGSHIP BANK OF ORLANDO; recorded 14 June 1978 at 3:44 P. M., in Official Records Book 1173, Page 1390, of the Public Records of Seminole County, Florida. 7. Mortgage from CITY OF SANFORD, a municipal corporation created and existing under the laws of the State of Florida, to FLAGSHIP BANK OF ORLANDO, As Trustee under that certain Installment Purchase Trust Agreement entered into as of 1 December 1977, by and between the City of Sanford, the Flagship Bank of orlando, and KELLER INDUSTRIES, INC., a Florida corporation; dated 1 December 1977, and recorded 14 June 1978 at 3:43 P. M., in Official Records Book 1173, Page 1381, of the Public Records of Seminole County, Florida. Page 1 of Sched. B-Policy No. ORIGINAL J804513 Policy 84 Litho in U.S.A. 035-0-084-0002 ALTA Owner', Poli'V-,Form A-1970 (Rev, 10,17,70) Copyright 1969 Policy a.4 Lilho in U,S.A, ALTA Owner's Policy-Form A-1970 (Rev. 10-17-701 Copyright 1969 kwyers l1t1e Insurance (9rporation A Stock Company Home Office ~ Richmond .Virginia CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subjed to any rights or defenses the Company may have had against the named insured, those who suc- ceed to the interest of such insured by operation of law as distinguished from purchale including, but not limited to, heirs, distributees, devisees, survivors, per- sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": adual knowledge, not construdive knowledge or nolice which may be imputed to an insured by reason of any public recoq:ls. (d) "land": the /and described, specifically or by reference in Schedule A, and improvements affixed Ihereto which by law conslitute real property; provided, however, the term "Iand" does noi include any property beyond the lines of the area speciflcally described or referred to in Schedule A, nor any righI, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lones, ways or water... ways, but nothing herein shall modify or limit Ihe extent to which a rig hI of access to and from Ihe land is insured by this policy, (e) "mortgage": mortgage, deed of trust, trusl deed, or other securily instrument. (f) "public records": those records which by law imparl construdive nolice of mailers relating 10 said land. 2. Continuation of Insurance after Conveyance of Title The coverage of Ihis pOlicy shall conlinue in force as of Date of Policy in favor of an insured so long as such insured retains on estate or interest in the land, or hol!ls an indebtedness secured by a purchase money morlgage given by a pur- chas"r from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interesl; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estale or interest or the indebled- ness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, 01 its own cosl and withoul undue delay, shall provide for the defense of an insured in 011 litigation consisting of actions or proceedings com- menced against such insured to the exlenl thaI such litigation is founded upon on alleged defed, lien, encumbrance, or other maNer insured against by Ihis policy. (b) The insured shall nolify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (0) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to Ihe tille to the estate or inlerest as insured, and which might cause loss or damage for which the Company may be liable by virtue of Ihis policy. If such prompt notice shall not be given to the Company, then as to such insured allliabilily of Ihe Company shall cease and terminate in regard to Ihe mailer or mailers for which such prompt nolice is required; provided, however, that failure 10 nolify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extenl of such prejudice. (c) The Company shall have Ihe right 01 its own cost 10 institute and withoul un- due delay prosecute any adion or proceeding or to do any other ad which in its opinion may be necessary or desirable to eslablish the title to the estale or interest as insured and Ihe Company may take any appropriate adion under the lerms of this policy, whelher or not il shall be liable thereunder, and shall not' thereby con- cede liabilily or waive any provision of Ihis policy. (d) Whenever Ihe Company shall have brought any adion or interposed a defense as required or permilted by Ihe provisions of Ihis policy, the Company may pursue CU1y such Iiligation to final determination 'by 0 court of compelenl jurisdidion and , expressly reserves Ihe righI, in its sole discrelion, 10 appeal from any adverse judg. ment or order. (e) In all cases where Ihis policy permi" or requires I~e Company to prosecule or ~e for the defense of any action or proceeding, the insured hereunder shall secure to the Company Ihe righl to so pro~ecute or provide defense in such aclion or proceeding, and all appeals Iherein, and perinil Ihe Company to use, at its oplion, the name of such insured for such purpose. Whenever requesled by the Company, luch insured shall give Ihe Company 011 reasonable aid in any such action or pro- ceeding, in effecting settl.ement, securing evidence,obtajnj~g witnesses, or prosecut- ing or defending such action or proceeding, and Ihe Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss-Limitation of Action In addilion to the nolices required under paragraph 3(b) of these Condilions and Stipulalions, a statemenl in writing of any loss or damage for which it is claimed the Company il liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall hove been delermined and no right of adion sholl accrue 10 on insured c1aimanl unlil 30 days after such slatement sholl have been furnished. Failure 10 furnish such slalemenl of loss or damage sholl ler- minale any liability of Ihe Company under Ihis policy as 10 such loss or damage. S. Options 10 Payor Olherwise Sellle Claims The Company shall have the opli<;>n to payor otherwise seltle for or in the nome of an insured claimant any claim insured against or to terminate all liability and obligalions of the Company hereunder by paying or lendering paymenl of Ihe a- mount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up t9 the time of 5uch payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determinalion and Paymenl of Loss (a) The liabilily of Ihe Company under this policy shall in no case exceed the leasl of: (i) Ihe actual loss of Ihe insured c1aimonl; or (ii) the amounl of insurance stated in Schedule A. (b) The Company will pay, in oddilion 10 any loss insured ogoinsl by Ihis policy, 011 costs imposed upon an insured in liligolion carried on by Ihe Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured wilh Ihe wrilten oulhorizolion of Ihe Company. {cl When liabilily has been definilely fixed in accordance wilh Ihe condilions of this policy, the loss or damage sholl be payable wilhin 30 days Ihereafter. Continued on cover sheet ... J """. CONDITIONS AND STIPULATIONS-CONTINUED 7. Limitation of Liability No claim shall arise or be mointainable under this policy (0) if the Company, after having received notice of on alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, os insured, within 0 reasonable time after receipt of such notice; (b) in the event of litigation until there has been 0 flnal determination by 0 court of compelent jurisdiction, and disposition of 011 appeals therefrom, adverse to the tille, os insured, os provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by on insured in sellling any claim or suit wilhout prior wrillen consent of the Company. a. Redudion of liability All payments under this policy, except payments mode for costs, allomeys' fees and expenses, shall reduce the amount of the insurance pro lanto. No payment shall be mode without producing Ihis policy for endorsemenl of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction sholl be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an in- sured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such nlortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and sellled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy. unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement allached hereto, '1. Subrogation Upon Payment or Selllement Whenever the Company shall hove sellled a claim under this policy, 011 right of subrogation shall vest in the Company unaffected by any ael of the insured c1oim, anI. The Company sholl be subrogated 10 and be entitled 10 all rights and remedie, which such insured c1aimanl would have hod against any person or property in respect 10 such claim had this policy nol been issued, and if requesled by the Com, pony, such insured claimant shall transfer to the Company all rights and remedit-s against any person or property necessary in order to perfect such right of subroga- tion and shall permit the Company to use the nome of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured c1aimanl, Ihe Company shall be subrogated to ,uch rights and remedies in Ihe proportion which ,aid payment bears 10 Ihe a mount of scid loss. If loss should result from ony act of such insured c1aimanl, such uct ,ho II not void this policy, but the Company, in Ihal evenl, shall be required to poy only that part of any losses insured against hereunder, which sholl exceed the amount, tf any, lost to Ihe Company by reason of Ihe impoirment of the righl of subrogution, 12. L1abilily limited 10 this Policy This instrument together with all endorsements and other instruments, if any, ot tached herelo by the Compony is Ihe entire policy and conlroct belween the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulalions of Ihis policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the Fresident, a Vice Pres. ident, the Secretory, an Assistant Secretary, or validating officer or authorized signalory of the Company, '3. Nolices, Where Sent All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall be addressed 10 its Home Office, 3800 Cutshaw Avenue, Richmond, Virginia 23230, kwyers l1tle Insurance @rporation A Stock Company Home Office - Richmond ,Virginia Policy 84 Who in U.S,A, ALTA Owner's Policy-Form A-1970 (Rev, 10,17,701 Copyright 1969 " \ 11"31379 lOOK PAGE SEMINOLE COUNTY FLORIOA WARRANTY DEED THIS INDENTURE, made this 31st day of May, 1978, between Hunt Oil Company, a corporation, existing under the laws of the State of Delaware, t'c C'; !. ' "3 00 ':J - having its principal place of business in the County of Dallas, State of Texas, Party of the First Part, and City of Sanford, the County of Seminole, State of Florida, Party of the Second Part, WIT N E SSE T H: That the Party of the First Part, for and in consideration of the sum of Ten Dollars and No/lOO ($10.00) to it 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 Party of the Second Part, forever, the fol- lowing described land situate, lying and being in the County of Seminole, State of Florida, to-wit: 026199 From the centerline of Section 7, Township 20 South, Range 31 East, Seminole County, Florida, run West along the Northern line of the Southwest quarter of Section 7, a distance of 621.47 feet, THENCE, run S0036t56" West 25 feet to a point of beginning, , :,;) ':-~~\':\~~",. .~:;"'.. ~.h~ .',/: '. _# . ."~ __i'....""'"'......,..,.~.,.rt\~t ..... __o-'lA'.,,(A.F' V ~>, ~l'.~ ('ii, "ll: cc:'\n ~'~!~~I':iit: .. ![Tl'! H /I THENCE, continue So036'56" West along the West Right- of-Way line of the Atlantic Coastline Railroad, a distance of 502.45 feet to a point of a curve concave Northwesterly having a radius of 454.84 feet and a tangent bearing at said point of S18039t22" West, JUN '4 3 43 fK '10 THENCE, run Southwesterly along said curve, a distance of 383.55 feet through a central angle of 480l8t56", THENCE, run NOo14108" West parallel to the East line of the Southwest quarter of said Section 7, a dis- tance of 775.52 feet, THENCE, run East 261.50 feet to the point of begin- ning, containing 4.000 acres. This conveyance is made subject to the following: <- "" ,)' ~ ~-J (a) easements and rights-of-way of record, '~ (b) zoning ordinances of the City of Sanford, Florida, and " " -..i ""-.J ,) -s ,-..) \.'0 '~ ;f ,\ (c) restrictions, Sanford Industrial Park, Section Six covering said land and duly recorded in the official records of Seminole County, Florida. ;~ And the Party of the First Part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. r-. c.r,. c. ~ g~ <0 22 "'0 r- 0<.- JT1 <::> ...!",!oo.... i.-'---v'" ' .. r, ',~ ' 'ARY- "'t\ ~-' \ L''J'JJi"L1~1 = " ". FLORlbA \ SUR TAX ~n. JUNIS'78 p.~\ I:: 33. 0 ~ tmllft 108" ", ) _.._~ = ";'-- ~ I 7 3 380 iOO~ ~^GE SEMINOLE cou~n FLOR 1D4 IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be signed in its name by its Senior Vice President, its Corporate Seal to be affixed, and attested by its Secretary, the day and year above written. Signed, sealed and delivered in the presence of the under- signed witnesses: HUNT OIL COMPANY ~/'- ~ ~.~~ ,--"" ,jy,: y /~/~ '-ce.<_'L ~~.. W. B. Beeman, Senior Vice President ~~J 4, c ATTEST: George , ' r. ~ - \ oJ' STATE OF TEXAS I tt 411( ~,' ;.' 0(\... ' -. . ." Ji COUNTY OF DALLAS I I HEREBY CERTIFY, that on this~/,n~ day of CLA~, 1978, before me personally appeared W. B. Beeman and George Cunyus,~;i~r Vice President and Secretary, respectively, of Hunt Oil Company, a corporation under the laws of the State of Delaware to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said cor- poration and that the said instrument is the act and deed of said corporation. i WITNESS my signature and official seal at Dallas, in the County of ?Dallas and State of Texas. ~v ","C;\ r , I " ..,"),; I' ; ... . ~~~i~/ Dallas County, Texas (') 0; : c~. . ,.,-1" ~ ':)', f'> )-' ", KATHRYN BOYD, Notary Public, in and for Dallas County, Texas My commission QXpires 6 -30- ? P 1 . v!: ,',' I ~ acct 07-20-31-300-017T-oono-o-0 SANFORD CITY OF KELLER INDUS.ATTN TAX DEPT 18000 ST RD 9 csz MIAMI dor fIg exrcpt 90 00 000000 1101 CORNWALL RD name addl "'add2 ~td Sl pad note . legal ~ sales FL 33162 exemptions ex-amount o KELLER INDUSTRY '85 ROA #389 AVAILABLE '86 ROA #609 SEC 07 TWP 20S RGE 31E OF NE COR OF SW 1/4 RUN S 383.55 FT N 775.52 FT E data SU WD 05/78 01173 1379 CURRENT 88 date 10/18/88 jval land agrc extr feat bldg total val PI-',:j o o 200,000 o 200, 000 4l;~! activity yr % 00 mtg tax-due 00 3,698.82 '86 ROA #609 75% COND: NO WATER '88 ROA #670 '88 PET #63 acrelff tax-paid .00 e&i -0000 ,. BEG 621.47 FT W 8. 25 FT S 502.45 FT SWLY ON CURVE 261. 5 FT TO BEG tit . 30,000 V ~::S1004B8 land 03 09 03/86 bldg 03 10/03/88 -----land--------------------------------------------___________________________ cd unitlrate area dec depth ovd amount % adj reason 1 AS 00000050 174240 000 Y 00000000 75 NO WATER .-sHOW MORE? 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Y code description area ad-area ova eSHOW MORE? Y/N _ acct 07-20-31-300-017T-0000-0-0 CURRENT 88 . date 10/18/88 PI-d --------------------------------------------------------------------------------- -------------------------------------------------------------------------------- .OOFG code 0004 .0216 0408 0509 .0706 0905 ... - OFG description SPECIAL PRECST PNL PSTRS CONC BU/WOOD MASONRY MAX 000730 points 000012 000000 000042 000014 000000 000015 001825 ovd code 0101 0300 0601 0800 OLPF L.PF description points SL8 ON GRO 000016 NONE 000000 000527 000264 ovd size-fct totpts 100 . . CONC FIN NONE adjpts adj rate 125 0000 000001 000000 . . ...",