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7 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property between <br /> the <br /> effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute <br />any <br /> instruments that would adversely affect the interest to be insured. <br /> 8 . Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and <br /> have never been disputed nor questioned. <br /> 9 . There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property <br /> has been in compliance with the applicable building codes, ordinances and statutes. <br /> 10 . Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable <br /> zoning laws concerning said property within the past ninety (90) days . <br /> 11 . There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, <br />including <br /> but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens <br /> or executions of any nature which constitute or could constitute a charge or lien upon said property. <br /> 12 . There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the property. <br /> 13 . Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property <br /> interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required <br /> upon purchase of the above described property, Seller certifies the following : <br /> a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership , foreign trust or foreign estate for <br /> purposes of United States federal income taxation. <br /> b . Seller's U. S . Taxpayer Identification Number is 3 CD 76 33 <br /> c . Seller's address is : 6650 45th Street, Vero Beach , FL 32967. <br /> d . No other persons or entities have an ownership interest in the above described property. <br /> Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with <br /> the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be <br /> disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be <br /> punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller <br />or on <br /> behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and <br /> correct. <br /> 14 . This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced <br /> property and, for the purpose of inducing Stewart, Evans, Stewart & Emmons, P .A . and Old Republic National Title <br /> Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are <br /> relying upon the statements set forth herein . Seller hereby holds Stewart, Evans, Stewart & Emmons, P.A. and Old <br /> Republic National Title Insurance Company harmless and fully indemnifies same ( including but not limited to <br /> attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation <br /> expenses) with respect to the matters set forth herein . " Affiant" , " Seller" and " Buyer" include singular or plural as context <br /> so requires or admits . Seller further states that he/she is familiar with the nature of an oath and with the <br /> penalties as <br /> provided by the laws of the United States and the State of Florida for falsely swearing to statements made <br /> in an <br /> instrument of this nature . Seller fiurther certifies that he/she has read , or heard read, the full facts of this Affidavit <br /> and <br /> understands its context. <br /> Under penalties of erjuVVI I declare that I have read the foregoi ffidavil and lhat facts stated in it are true . <br /> It <br /> Tom Winkel inda Winkel <br /> Closing Affidavit (Seller) - Page 2 <br /> File Number: 13129 DoubleTimee <br />