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40 .
<br /> A TRUE COPY
<br /> a3 4 13 CERTIFICATION ON LAST PAGE
<br /> J , R . SMITH , CLERK
<br /> Pomiedy Tax Pual ID # 32-39.09.00002-0110.0 01.0 3
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<br /> radian River CouniyAttotr Ws office
<br /> W129w smey Pero Bench, FL MW
<br /> RELEASE. CANCELLATION AND TERMINATION OF TAX DEED
<br /> THIS RELEASE, CANCELLATION AND TERMINATION OF TAX DEED is made as of
<br /> this 14th day of March, 2013, between PATIENCE ANDERSON-THOMAS, whose address is 6443
<br /> 53'd Circle, Vero Beach, FL 32967 ("THOMAS'), INDIAN RIVER COUNTY, a political subdivision
<br /> of the State of Florida ("COUNTY") and JEFFREY R. SMITH, CLERK OF THE CIRCUIT COURT
<br /> ("CLERK").
<br /> WHEREAS, on November 22, 2011 , the CLERK, as grantor on behalf of the COUNTY,
<br /> executed and recorded a Tax Deed in favor of THOMAS, as grantee, to the following real property:
<br /> See legal . description in the copy of the Tax Deed, recorded at OR Book 2537, Page 729, Public
<br /> Records of Indian River County, Florida, attached hereto as Exhibit A ("Property"); and
<br /> WHEREAS, the parties, being all parties in interest with respect to the Tax Deed, have
<br /> determined and agree that the Tax Deed was issued as a result of a surveying error which has since
<br /> been corrected; the PROPERTY was assessed ad valorem taxes solely as a result of the surveying
<br /> errors and, under these circumstances, the Tax Deed should be released, cancelled and terminated, as
<br /> set forth herein.
<br /> NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth
<br /> herein, and other good and valuable consideration, the receipt and adequacy of which is hereby
<br /> acknowledged, the parties agree, as follows.
<br /> 1 . Reditab The above recitals veto and correct and are incorporated herein.
<br /> 2. Release, Cancellation and Termination of Tax D„fed . Based upon die above
<br /> referenced errors, the parties agree that the Tax Deed, together with any right, title or interest
<br /> of
<br /> Thomas arising out of or relating to the Tax Deed, is hereby released, cancelled and terminated, and
<br /> declared by the parties to be void ab initio.
<br /> 3 . Circuit Court Final Judgment. This Release, Cancellation and Termination of Tax
<br /> Deed instrument is executed and recorded by the , parties in connection with the final judgment entered
<br /> in that certain civil action: Indian River County and Jeffrey R. Smith, Clerk of Court v. Patience
<br /> Anderson Thomas, in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River -
<br /> County, Florida, Case No. 312013 CA 000115 ("Final Judgment'j .
<br /> 40 tR fund of Consideration Paid by Thomas for Tax Deed. In consideration of
<br /> Thomas' agreement to release, cancel and terminate the Tax Deed, the County shall pay to Thomas the
<br /> F, (ft1 1
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