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TITLE POSSESSION & LIEN AFFIDAVIT
<br /> BEFORE ME , the undersigned authority , personally appeared
<br /> Wesley S . Davis as Chaitman of
<br /> Indian River County , Florida , a political subdivision of the State of Florida ,
<br /> ( "Affiant") being first duly sworn , deposes and says that he makes these representations
<br /> to the best of his personal knowledge on behalf of Indian River County , Florida , a
<br /> political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH
<br /> LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett &
<br /> Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject
<br /> property and to induce Windsor Properties , a Florida general partnership , ( " Buyer" ) ,
<br /> to purchase that certain property described on Exhibit " A" as Windsor " B " , and he
<br /> further states :
<br /> 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has
<br /> been authorized by the Seller to make this Affidavit on the Seller ' s behalf.
<br /> 2 . The Indian River County, Florida , a political subdivision of the State of
<br /> Florida , is the owner in fee simple and is in possession of the real property
<br /> together with the improvements located thereon , if any , ( hereinafter the
<br /> " property" ) described as follows .
<br /> See Exhibit " A" describing Windsor " B " attached hereto and by this
<br /> reference made a part hereof.
<br /> 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of
<br /> every kind , nature and description whatsoever , except for easements , restrictions ,
<br /> or other title matters listed in the schedule of exceptions in the title insurance
<br /> policy insuring the fee simple interest to be received by Buyer in this transaction
<br /> pursuant to the title commitment issued in this transaction .
<br /> 4 . There are no matters pending against the Seller that could give rise to a lien that
<br /> would attach to the property or cause a loss of title or impair the title between the
<br /> last title insurance commitment effective date , and the recording of the fee simple
<br /> interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and
<br /> will not execute any instrument that would adversely affect the fee simple title or
<br /> interest to be insured .
<br /> 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no
<br /> person or entity in possession or who has any possessory right in the property , or
<br /> the proceeds from the sale thereof; and Affiant knows of no defects in the property
<br /> title .
<br /> 6 . No "Notice of Commencement" has been recorded which pertains to the property
<br /> since the last title insurance commitment effective date of
<br /> 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or
<br /> materialmen ' s liens against the property , and no material has been furnished to the
<br /> property for which payment has not been paid in full .
<br /> 7 . Within the past 90 days , there have been no improvements , alterations , or repairs
<br /> to the property for which the costs thereof remain unpaid, and that within the past
<br /> 90 days there have been no claims for labor or material furnished for repairing or
<br /> improving the same , which remain unpaid .
<br /> 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing ,
<br /> water , sanitary sewers , paving or other public utilities , or improvements made by
<br /> any governmental authority . Should any bill be found which relates to the period
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