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6., E Rl' i f: fi. .r. l <br /> AFFIDAVIT OF NO LIEN <br /> STATE OF Florida <br /> COUNTY OF Indian River <br /> Before me, a duly commissioned Notary Public within and for the State and County aforesaid, <br /> personally appeared Gary C . Wheeler ("Affiant"), who after being duly sworn as required by law, deposes <br /> and says : <br /> 1 . That Affiant is the Chairman of the Indian River County Board of <br /> County Commissioners for Indian River County , a political subdivision of <br /> the State of Florida (the "Corporation ") . <br /> 2. That the Corporation is not the subject of any bankruptcy proceeding, whether liquidation, <br /> reorganization or arrangement, nor is it the subject of any other insolvency proceeding of any kind , and none of the <br /> foregoing types of proceedings are pending, contemplated or threatened. <br /> 3 . That the Corporation is the owner of the property (the "Property") known and legally <br /> described as follows: <br /> A portion of Lot 21 of the W . G . Kings Subdivision , according to the plat <br /> thereof , as recorded in Plat Book 15 , Page 20 , of the Public Records of <br /> Indian River County , Florida ; said lands lying in Section 4 , Township 33 <br /> South , Range 39 East ; being more particularly described as follows : <br /> Lot 2 , less the West 40 . 25 feet thereof . <br /> Subject to a proposed 8 . 00 foot wide utility and aerial easement <br /> adjoining the West line of remainder of said Lot 2 as described above . <br /> 4. That the corporation has possession of the Property and that there are no other persons or parties <br /> in possession. <br /> 5 . That there are no unrecorded labor, mechanics' or materialmen' s liens against the Property and <br /> except as set forth herein, no material has been furnished or labor performed on the Property which has not been <br /> paid for in full, and that there are no claims for labor, services or materials furnished for improving the Property that <br /> remain unpaid . <br /> 6. That improvements have been made to the Property within the past ninety (90) days but payment <br /> has been made in full, including without limitation the following contractors that were paid in <br /> full by the <br /> Corporation in connection with contracts for interior work performed on the Property : <br /> NONE . <br /> 7 . That there are no unrecorded easements on the Property . <br /> 8. That the Corporation has received no notice of any public hearing regarding assessments for <br /> improvements by any governmental authority, and there are no unpaid assessments or liens against the Property for <br /> improvements thereto by any governmental authority, whether or not said assessments appear of record . <br /> 9. That there are no claims whatsoever of any kind or description against any fixtures or equipment <br /> located on the Property . <br /> 10 . That there are no existing contracts for sale, options to purchase or unrecorded deeds <br /> or <br /> mortgages existing against the Property. <br /> 11 . That taxes upon the Property, both state and county, real and personal, if any, for the year 2011 <br /> and prior years have been paid in full . <br /> 12. That there are no unpaid utility hook-up or periodic use charges applicable to the Property. <br /> 13 . That there are no violations of zoning ordinances applicable to the Property . <br /> 14. That the Property is not encumbered by the lien of any judgment, writ or attachment, income tax <br /> or intangible property tax made or suffered by the Corporation. <br /> 15 . That the undersigned makes this Affidavit for the purpose of inducing TREASURE COAST <br /> TITLE AGENCY OF VERO , INC . as agent for Commonwealth Land Title Insurance <br /> Company ("Title Company"), to issue title insurance on the Property and for the benefit of State Farm <br /> Bank , F . S . B . . <br /> 16. That the undersigned does hereby agree to indemnify and hold the Title Company harmless of <br /> and from all loss, cost, damage and expense of every kind, including reasonable attorney' s fees, which the Title <br /> Company shall sustain or become liable for under its policy now to be issued on account of reliance <br /> on the <br /> statements made herein, including but not limited to any matters that may be recorded between the effective date of <br /> the commitment and the time of the recording of the instruments described in said commitment to be insured . <br /> 17 . That there does not exist any outstanding judgments, liens of creditors, federal or state tax liens <br /> or RICO lien notices as provided for in Florida Statutes 895 . 07 on record in the county in which the Property <br /> is <br /> located. <br /> 11 -3964 A <br />