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7, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 16 '
4, 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; �" § j
"Ii 2 . Any defect in or lien or encumbrance on the title; `" )
4 3. Unmarketability of the title; 4
4. Lack of a right of access to and from the land.``)
;' " The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only ,, )
to the extent provided in the Conditions and Stipulations. "1
IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate seal to be hereunto affixed )
4 and these presents to be signed in facsimile under authority of its By -Laws. ; w .
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131 1 PRESIDENT
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ALTA Owner's Policy (4 -6 -90) (With Florida Modifications in bold italics)
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POLICY
TITLE
%PD) INSURANCE
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SEPTEMBER 24, • r4'
• d '. 1968
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this 2. Rights of eminent domain unless notice of the exercise thereof has been
policy and the Company will not pay loss or damage, costs, attorneys' fees recorded in the public records at Date of Policy, but not excluding from
or expenses which arise by reason of: coverage any taking which has occurred prior to Date of Policy which
1. (a) Any law, ordinance or governmental regulation (including but not would be binding on the rights of a purchaser for value without knowl-
limited to building and zoning laws, ordinances, or regulations) edge.
restricting, regulating, prohibiting or relating to (i) the occupancy, 3. Defects, liens, encumbrances, adverse claims or other matters:
use, or enjoyment of the land; (ii) the character, dimensions or (a) created, suffered, assumed or agreed to by the insured claimant;
location of any improvement now or hereafter erected on the land; (b) not known to the Company, not recorded in the public records at
(iii) a separation in ownership or a change in the dimensions or area Date of Policy, but known to the insured claimant and not disclosed
of the land or any parcel of which the land is or was a part; or (iv) in writing to the Company by the insured claimant prior to the date
environmental protection, or the effect of any violation of these the insured claimant became an insured under this policy;
laws, ordinances or governmental regulations, except to the extent (c) resulting in no loss or damage to the insured claimant;
that a notice of the enforcement thereof or a notice of a defect, lien (d) attaching or created subsequent to Date of Policy; or
or encumbrance resulting from a violation or alleged violation (e) resulting in loss or damage which would not have been sustained
affecting the land has been recorded in the public records at Date of if the insured claimant had paid value for the estate or interest
Poiicy. insured by this policy.
(b) Any governmental police power not excluded by (a) above, except 4. Any claim, which arises out of the transaction vesting in the insured the
to the extent that a notice of the exercise thereof or a notice of a estate or interest insured by this policy, by reason of the operation of
defect, lien or encumbrance resulting from a violation or alleged federal bankruptcy, state insolvency, or similar creditors' rights laws.
violation affecting the land has been recorded in the public records
at Date of Policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. 5. PROOF OF LOSS OR DAMAGE. the Company shall have no liability for loss or damage
The following terms when used in this policy mean: In addition to and after the notices required under until there has been a final determination by a court of
(a) "insured ": the insured named in Schedule A, Section 3 of these Conditions and Stipulations have competent jurisdiction, and disposition of all appeals
and, subject to any rights or defenses the Company been provided the Company, a proof of loss or damage therefrom, adverse to the title as insured.
would have had against the named insured, those who signed and sworn to by the insured claimant shall be (c) The Company shall not be liable for loss or
succeed to the interest of the named insured by opera- furnished to the Company within 90 days after the damage to any insured for liability voluntarily assumed
tion of law as distinguished from purchase including, insured claimant shall ascertain the facts giving rise to by the insured in settling any claim or suit without the
but not limited to, heirs, distributees, devisees, survi- the loss or damage. The proof of loss or damage shall prior written consent of the Company.
vors, personal representatives, next of kin, or corporate describe the defect in, or lien or encumbrance on the
or fiduciary successors. title, or other matter insured against by this policy 10. REDUCTION OF INSURANCE: REDUCTION OR
(b) "insured claimant ": an insured claiming loss which constitutes the basis of loss or damage and shall TERMINATION OF LIABILITY.
or damage. state, to the extent possible, the basis of calculating the All payments under this policy, except payments
(c) `knowledge" or "known ": actual knowledge, amount of the loss or damage. If the Company is made for costs, attorneys' fees and expenses, shall
not constructive knowledge or notice which may be prejudiced by the failure of the insured claimant to reduce the amount of the insurance pro tanto.
imputed to an insured by reason of the public records provide the required proof of loss or damage, the
as defined in this policy or any other records which Company's obligations to the insured under the policy 11. LIABILITY NONCUMULATIVE
impart constructive notice of matters affecting the land. shall terminate, including any liability or obligation to It is expressly understood that the amount of
(d) "land ": the land described or referred to in defend, prosecute, or continue any litigation, with re- insurance under this policy shall be reduced by any
Schedule A, and improvements affixed thereto which gard to the matter or matters requiring such proof of amount the Company may pay under any policy insur-
by law constitute real property. The term "land" does loss or damage. ing a mortgage to which exception is taken in Schedule
not include any property beyond the lines of the area In addition, the insured claimant may reasonably B or to which the insured has ag reed, assumed, or taken
described or referred to in Schedule A, nor any right, be required to submit to examination under oath by any subject, or which is hereafter executed by an insured
title, interest, estate or easement in abutting streets, authorized representative of the Company and shall and which is a charge or lien on the estate or interest
roads, avenues, alleys, lanes, ways or waterways, but produce for examination, inspection and copying, at described or referred to in Schedule A, and the amount
nothing herein shall modify or limit the extent to which such reasonable times and places as may be desig- so paid shall be deemed a payment under this policy to
a right of access to and from the land is insured by this nated by any authorized representative of the Company, the insured owner.
policy. all records, books, ledgers, checks, correspondence
(e) "mortgage ": mortgage, deed of trust, trust and memoranda, whether bearing a date before or after 12. PAYMENT OF LOSS.
deed, or other security instrument. Date of Policy, which reasonably pertain to the loss or (a) No payment shall be made without producing
i (f) "public records ": records established under damage. Further, if requested by any authorized repre- this policy for endorsement of the payment unless the
state statutes at Date of Policy for the purpose of sentative of the Company, the insured claimant shall policy has been lost or destroyed, in which case proof
imparting constructive notice of matters relating to real grant its permission, in writing, for any authorized of loss or destruction shall be furnished to the satisfac-
property to purchasers for value and without knowl- representative of the Company to examine, inspect and tion of the Company.
edge. With respect to Section 1 (a)(iv) of the Exclusions copy all records, books, ledgers, checks, correspon- (b) When liability and the extent of loss or damage
From Coverage, "public records" shall also include dence and memoranda in the custody or control of a has been definitely fixed in accordance with these
environmental protection liens filed in the records of third party, which reasonably pertain to the loss or Conditions and Stipulations, the loss or damage shall
the clerk of the United States district court for the damage. All information designated as confidential by be payable within 30 days thereafter.
district in which the land is located. the insured claimant provided to the Company pursu-
(g) "unmarketability of the title ": an alleged or ant to this Section shall not be disclosed to others 13. SUBROGATION UPON PAYMENT OR
apparent matter affecting the title to the land, not unless, in the reasonable judgment of the Company, it SETTLEMENT.
excluded or excepted from coverage, which would is necessary in the administration of the claim. Failure (a) The Company's Right of Subrogation.
entitle a purchaser of the estate or interest described in of the insured claimant to submit for examination under Whenever the Company shall have settled and paid
Schedule A to be released from the obligation to pur- oath, produce other reasonably requested information a claim under this policy, all right of subrogation shall
chase by virtue of a contractual condition requiring the or grant permission to secure reasonably necessary vest in the Company unaffected by any act of the
delivery of marketable title. information from third parties as required in this para- insured claimant.
graph shall terminate any liability of the Company under The Company shall be subrogated to and be en-
2. CONTINUATION OF INSURANCE AFTER this policy as to that claim. titled to all rights and remedies which the insured
CONVEYANCE OF TITLE. claimant would have had against any person or prop-
The coverage of this policy shall continue in force 6. OPTIONS TO PAY OR OTHERWISE SETTLE erty in respect to the claim had this policy not been
as of Date of Policy in favor of an insured only so long CLAIMS: TERMINATION OF LIABILITY. issued. If requested by the Company, the insured
as the insured retains an estate or interest in the land, In case of a claim under this policy, the Company claimant shall transfer to the Company at rights and
or holds an indebtedness secured by a purchase money shall have the following additional options: remedies against any person or property necessary in
mortgage given by a purchaser from the insured, or (a) To Pay or Tender Payment of the Amount of order to perfect this right of subrogation. The insured
only so long as the insured shall have liability by reason Insurance. claimant shall permit the Company to sue, compromise
of covenants of warranty made by the insured in any To pay or tender payment of the amount of insur- or settle in the name of the insured claimant and to use
transfer or conveyance of the estate or interest. This anceunderthispolicytogether with any costs, attorneys' the name of the insured claimant in any transaction or
policy shall not continue in force in favor of any pur- fees and expenses incurred by the insured claimant, litigation involving these rights or remedies.
chaser from the insured of either (i) an estate or interest which were authorized by the Company, up to the time If a payment on account of a claim does not fully
in the land, or (ii) an indebtedness secured by a pur- of payment or tender of payment and which the Com- cover the loss of the insured claimant, the Company
chase money mortgage given to the insured. pany is obligated to pay. shall be subrogated to these rights and remedies in the
Upon the exercise by the Company of this option, proportion which the Company's payment bears to the
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED all liability and obligations to the insured under this whole amount of the loss.
CLAIMANT. policy, other than to make the payment required, shall If loss should result from any act of the insured
The insured shall notify the Company promptly in terminate, including any liability or obligation to de- claimant, as stated above, that act shall not void this
writing (i) in case of any litigation as set forth in Section fend, prosecute, or continue any litigation, and the policy, but the Company, in that event, shall be required
4(a) below, (ii) in case knowledge shall come to an policy shall be surrendered to the Company for cancel- to pay only that part of any losses insured against by
insured hereunder of any claim of title or interest which lation. this policy which shall exceed the amount, if any, lost to
is adverse to the title to the estate or interest, as insured, (b) To Pay or Otherwise Settle With Parties Other the Company by reason of the impairment by the
and which might cause loss or damage for which the than the Insured or With the Insured Claimant. insured claimant of the Company's right of subrogation.
Company may be liable by virtue of this policy, or (iii) (i) to pay or otherwise settle with other par- (b) The Company's Rights Against Non - insured
if title to the estate or interest, as insured, is rejected as ties for or in the name of an insured claimant any claim Obligors.
unmarketable. If prompt notice shall not be given to the insured against under this policy, together with any The Company's right of subrogation against non -
Company, then as to the insured all liability of the costs, attorneys' fees and expenses incurred by the insured obligors shall exist and shall include, without
Company shall terminate with regard to the matter or insured claimant which were authorized by the Com- limitation, the rights of the insured to indemnities,
matters for which prompt notice is required; provided, pany up to the time of payment and which the Company guaranties, other policies of insurance or bonds, not -
however, that failure to notify the Company shall in no is obligated to pay; or withstanding any terms or conditions contained in
case prejudice the rights of any insured under this (ii) to pay or otherwise settle with the insured those instruments which provide for subrogation rights
policy unless the Company shall be prejudiced by the claimant the loss or damage provided for under this by reason of this policy.
failure and then only to the extent of the prejudice. policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were 14. ARBITRATION.
4. DEFENSE AND PROSECUTION OF ACTIONS: authorized by the Company up to the time of payment Unless prohibited by applicable law, arbitration
DUTY OF INSURED CLAIMANT TO COOPERATE. and which the Company is obligated to pay. pursuant to the Title Insurance Arbitration Rules of
(a) Upon written request by the insured and sub- Upon the exercise by the Company of either of the the American Arbitration Association may be de-
ject to the options contained in Section 6 of these options provided for in paragraphs (b)(i) or (ii), the manded if agreed to by both the Company and the
Conditions and Stipulations, the Company, at its own Company's obligations to the insured under this policy insured. Arbitrable matters may include, but are not
cost and without unreasonable delay, shall provide for for the claimed loss or damage, other than the pay- limited to, any controversy or claim between the
the defense of an insured in litigation in which any third ments required to be made, shall terminate, including Company and the insured arising out of or relating to
party asserts a claim adverse to the title or interest as any liability or obligation to defend, prosecute or con- this policy, and service of the Company in connection
insured, but only as to those stated causes of action tinue any litigation. with its issuance or the breach of a policy provision or
alleging a defect, lien or encumbrance or other matter other obligation. Arbitration pursuant to this policy
insured against by this policy. The Company shall have 7. DETERMINATION, EXTENT OF LIABILITY AND and under the Rules in effect on the date the demand
the right to select counsel of its choice (subject to the COINSURANCE. for arbitration is made or, at the option of the insured,
right of the insured to object for reasonable cause) to This policy is a contract of indemnity against actual the Rules in effect at Date of Policy shall be binding
represent the insured as to those stated causes of monetary loss or damage sustained or incurred by the upon the parties. The award may include attorneys'
action and shall not be liable for and will not pay the fees insured claimant who has suffered loss or damage by fees only if the laws of the state in which the land is
of any other counsel. The Company will not pay any reason of matters insured against by this policy and located permit a court to award attorneys' tees to a
fees, costs or expenses incurred by the insured in the only to the extent herein described. prevailing party. Judgment upon the award rendered
defense of those causes of action which allege matters (a) The liability of the Company under this policy by the Arbitrator(s) may be entered in any court
not insured against by this policy. shall not exceed the least of: having jurisdiction thereof.
(b) The Company shall have the right, at its own (i) the Amount of Insurance stated in Sched- The law of the situs of the land shall apply to an
cost, to institute and prosecute any action or proceed- ule A, or, arbitration under the Title Insurance Arbitration Rules.
ing or to do any other act which in its opinion may be (ii) the difference between the value of the A copy of the Rules may be obtained from the
necessary or desirable to establish the title to the estate insured estate or interest as insured and the value of the Company upon request.
or interest, as insured, or to prevent or reduce loss or insured estate or interest subject to the defect, lien or
damage to the insured. The Company may take any encumbrance insured against by this policy. 15. LIABILITY LIMITED TO THIS POLICY: POLICY
appropriateactionunderthetermsofthispolicy ,whether (b) (This paragraph dealing with Coinsurance ENTIRE CONTRACT.
or not it shall be liable hereunder, and shall not thereby was removed from Florida policies.) (a) This policy together with all endorsements, if
concede liability or waive any provision of this policy. If (c) The Company will pay only those costs, attor- any, attached hereto by the Company is the entire policy
the Company shall exercise its rights under this para- neys' fees and expenses incurred in accordance with and contract between the insured and the Company. In
graph, it shall do so diligently. Section 4 of the Conditions and Stipulations. interpreting any provision of this policy, this policy
(c) Whenever the Company shall have brought an shall be construed as a whole.
action or interposed a defense as required or permitted 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not
by the provisions of this policy, the Company may If the land described in Schedule A consists of two based on negligence, and which arises out of the status
pursue any litigation to final determination by a court of or more parcels which are not used as a single site, and of the title to the estate or interest covered hereby or by
competent jurisdiction and expressly reserves the right, a loss is established affecting one or more of the parcels any action asserting such claim, shall be restricted to
in its sole discretion, to appeal from any adverse but not all, the loss shall be computed and settled on a this policy.
judgment or order. pro rata basis as if the amount of insurance under this (c) No amendment of or endorsement to this
(d) In all cases where this policy permits or re- policy was divided pro rata as to the value on Date of policy can be made except by a writing endorsed hereon
quires the Company to prosecute or provide for the Policy of each separate parcel to the whole, exclusive of or attached hereto signed by either the President, a Vice
defense of any action or proceeding, the insured shall any improvements made subsequent to Date of Policy, President, the Secretary, an Assistant Secretary, or
secure to the Company the right to so prosecute or unless a liability or value has otherwise been agreed validating officer or authorized signatory of the Com -
provide defense in the action or proceeding, and all upon as to each parcel by the Company and the insured pany.
appeals therein, and permit the Company to use, at its at the time of the issuance of this policy and shown by
option, the name of the insured for this purpose. an express statement or by an endorsement attached to 16. SEVERABILITY.
Whenever requested by the Company, the insured, at this policy. In the event any provision of the policy is held
the Company's expense, shall give the Company all invalid or unenforceable under applicable law, the policy
reasonable aid (i) in any action or proceeding, securing 9. LIMITATION OF LIABILITY. shall be deemed not to include that provision and all
evidence, obtaining witnesses, prosecuting or defend- (a) If the Company establishes the title, or re- other provisions shall remain in full force and effect.
ing the action or proceeding, or effecting settlement, moves the alleged defect, lien or encumbrance, or cures
and (ii) in any other lawful act which in the opinion of the the lack of a right of access to or from the land, or cures 17. NOTICES, WHERE SENT.
Company may be necessary or desirable to establish the claim of unmarketability of title, all as insured, in a All notices required to be given the Company and
the titl^ to the estate or interest as insured. If the reasonably diligent manner by any method, including any statement in writing required to be furnished the
Company is prejudiced by the failure of the insured to litigation and the completion of any appeals therefrom, Company shall include the number of this policy and
furnish the required cooperation, the Company's obli- it shall have fully performed its obligations with respect shall be addressed to the Company, Attention: Claims
gations to the insured under the policy shall terminate, to that matter and shall not be liable for any loss or Department.114 East Fifth Street, Santa Ana, California
including any liability or obligation to defend, pros- damage caused thereby. 92701.
ecute, or continue any litigation, with regard to the (b) In the event of any litigation, including litiga-
matter or matters requiring such cooperation. tion by the Company or with the Company's consent,
FATIC 520
FATIC -521
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE A
Agent's File No.: 85830/025606 Policy No. FA -R- 178241
Date of Policy: August 6, 1993 Amount of Insurance: $305,000.00
at 2:46 P.M.
1. Name of Insured: THE CITY OF WINTER SPRINGS
2. The estate or interest in the land which is covered by this
policy: Fee Simple
3. Title to the estate or interest in the land is vested in:
THE CITY OF WINTER SPRINGS
4. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY REFERENCE.
Ili
HONI'l t ,ILLER SCHWARTZ ' •OHN
o Op,, I ,
By: _ 1 . _ _ Ai
I! Authorize] Signatory '
FATIC -522
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE B
Agent's File No.: 85830/025606 Policy No. FA -R- 178241
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company
will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Rights or claims of parties in possession not shown by the
public records.
2. Easements, or claims of easements, not shown by the public
records.
3. Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey or
inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter finished, imposed by law and not shown
by the public records.
5. Any adverse claim to any portion of said land which has been
created by artificial means or has accreted to any such
portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing
liens by the public records.
Special Exceptions:
7. The lien of all taxes for the year 1993, which are not yet due
and payable.
8. Developer's Agreement filed August 26, 1988, in Official
Records Book 1990, Page 1302, Public Records of Seminole
County, Florida.
9. A 40 -foot Drainage Easement as reflected upon the Plat of
North Orlando, 5th Addition, as recorded in Plat Book 13,
Pages 77 and 78, Public Records of Seminole County, Florida.
Continued
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE B CONTINUED
10. Resolution filed April 18, 1985, in Official Records Book
1631, Page 1816 (re- recorded March 12, 1986, in Official
Records Book 1716, Page 1574), Public Records of Seminole
County, Florida.
11. Matters, if any, that are disclosed by that certain survey
prepared by Blount Sikes & Associates dated July 8, 1993, Job
No. 62010.01.
12. Items 1 through 5 above are hereby deleted in their entirety.
08/8302.1
EXHIBIT "A"
to ,- iJ o
IV 7"1
c
O y'
TRACT "B" m
r �
BEGIN AT THE NORTHWEST CORNER OF LOT 1, BLOCK "4 ", NORTH ORLAND ' r ,
5TH ADDITION, AS RECORDED IN PLAT BOOK 13, PAGES 77 AND 78, ?
PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA; RUN THENCE rv
N.32'02 EAST ALONG THE EASTERLY CURVATURE OF
OF A OF EDCONCONAVE Un
AVENUE 78.18 FEET TO A POINT OF RUN THENCE
SOUTHEASTERLY, HAVING A RADIUS OF 467.00 FEET;
NORTHEASTERLY ALONG THE ARC OF VSAIDECURVE AND SAID E RIGHT
OF WAY LINE OF EDGEMON
N.54'45'50 "E. ALONG SAIOTE� WAV UN� ROAO N0. 9E
TO THE SOUTHERLY RIGHT SAID
RIGHT OF WAY UNE BEING FEET U SOUTHWESTERLY CONCAVE TM
O NORTHEASTERLY HAVING A
OF SAID STATE ROAD AND ON N
RADIUS OF 2.406.46 FEET; RUN
AI THENCE �LYTM���� WAY UNE OF SAID CURVE AND ALONG SAID 706.96
FEET TO A POINT OF INTERSECTION WITH THENCE 5.3616'40"W. POED S ERLY SAID
OF WAY UNE OF MOSS ROAD; RUN
PROPOSED WESTERLY RIGHT OF WAY UNE 1,150.74 FEET; THENCE
S.32'02'45 "W., 325.96 FEET TO
AY UNE
OF NORTH INTERSECTION
3R0 STREET; SAID POINT
NORTHEASTERLY RIGHT OF
ALSO BEING A POINT ON A CURVE CONCAVE NORTHERLY H ALGA RADIUS
OF 3,893.50 FEET; RUN THENCE NORTHWESTERLY
ID CURVE 458.67
NORTHEASTERLY RIGHT OF WAY UNE LOT 8 THE ARC , LOCK � , S AFORESA D NORTH
FEET TO THE SOUTHEAST COR NER OF
ORLANDO 5TH ADDITION; RUN THENCE N.4375'45 "E. ALONG THE EASTERLY
LINE OF LOT 8, A DISTANCE O(� 14�•O NORTH ORLANDO POINT 5TH D ADDITION,
NORTHERLY UNE OF SAID
SAID POINT ALSO BEING POINT ON ATHEN
CURVE CONCAVE NORTHERLY,
NORTHWESTERLY ALONG
HAVV ING A RADIUS OF 3,
SAID NORTH LINE OF BLOCK F "4.
BEGINNING. ALONG THE ARC OF SAID CURVE
647.06 FEET TO THE POINT
LESS THAT PART DEEDED TO THE STATE OF FLORIDA IN O.R. BOOK 1139, PAGE
1563, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THAT PART
DEEDED TO THE CITY
ROS OF SPRINGS IN O.R.
FLORIDA. OOK 1338, PAGE
620, PUBLIC RECD