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2013-012
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Last modified
10/27/2015 10:26:14 AM
Creation date
10/1/2015 4:59:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/15/2013
Control Number
2013-012
Agenda Item Number
13.C.
Entity Name
Free, Patrick Shawn
Subject
Right of Way
Quit Claim Deed Partial Release of Mortgage
Area
710 2nd. Street Old Dixie Highway
Supplemental fields
SmeadsoftID
11691
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County's encroachment on the Property depicted' in Exhibit GB" . The Effective Date of <br /> this Agreement shall; be the date upon which the County shall have approved the <br /> execution of this Agreement, by the Indian River County Board of County <br /> Commissioners at a formal meeting of such Board . <br /> 3 . Title to the Property. Mr. Free shall convey marketable title to the Property Quit <br /> Claim deed free of claims , liens, easements and encumbrances of record or known to <br /> Mrs Free; but subject to property taxes for the year of Closing and subject. to covenants , <br /> restrictions and public utility easements of record provided (a) there exists at Closing no <br /> violation of any of the foregoing; and (b) none of the foregoing prevents County's <br /> intended use and development of the Property. <br /> 4 .0 County may order an Ownership and Encumbrance Report with respect to the <br /> Property. County shall, within thirty (30) days from receipt of the Ownership and <br /> Encumbrance Report, deliver written notice to . Mr. Free of title defects. Title shall: be <br /> deemed acceptable to County if County fails to deliver notice of defects within the time <br /> specified . County shall have thirty (30) days from the end of the Curative Period to <br /> elect,, by written notice to Mr. Free , to : (i) terminate this Agreement, whereupon it shall <br /> be of no further force and effect, or (ii) extend the Curative Period for up to an additional <br /> 90 days ; or (iii). accept title subject to existing defects and proceed to <br /> closing , <br /> 5 . Representations of the Mr. Free. <br /> 5 .1 Mr. Free is indefeasibly seized of marketable, fee simple title to the <br /> Property, and is the sole owner of and has good right; title and authority to <br /> convey and transfer the Property, which is the subject matter of this Agreement, <br /> free and clear of all liens and encumbrances . <br /> 5 .2 From and after the Effective Date of this Agreement, Mr. Free shall take <br /> no action which would impair or otherwise affect title to any portion of the <br /> Property, and shall record no documents in the Public Records which would <br /> affect title to the Property, without the prior written consent of the County . <br /> 5:3 There are no existing or pending special assessments affecting the <br /> Property, which are or may be assessed by any . governmental authority, water or <br /> sewer authority , school district, drainage district or any other special taxing. <br /> district. <br /> 6. Default., <br /> 6 . 1 In the event the Mr. Free shall fail to perform any of its obligations <br /> hereunder, the County shall be entitled to: (i) terminate this Agreement by written <br /> notice delivered to the Mr. Free at or prior to the Closing Date, and pursue all <br /> remedies available hereunder and under applicable law; (ii), obtain specific. <br /> 2 <br />
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