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due and owing, have been paid; and
<br />5. That any personal property situate upon subject land that is being conveyed appurtenant to the land is free and clear
<br />of all liens, encumbrances, claims and demands of all kinds whatsoever (including unpaid time payment contracts for
<br />the purchase or replacement of built-in appliances or fixtures, plumbing, air conditioners, radio or television antennas,
<br />carpeting, lawn sprinkling systems, swimming pools, window or door coverings, fences, or any other such furnishings,
<br />equipment or property); and
<br />6. That The City of Vero Beach, a municipal corporation of the State of Florida has complied in all respects with
<br />the Florida Sales and/or Intangible Personal Property Tax Laws with respect to any buildings or personal property situate
<br />upon said land, if applicable; and
<br />7. That there are no parties in possession of the premises described herein as a tenant or possessory claimant of any kind
<br />or nature; and that there are no outstanding contracts for the sale of the lands described herein to any person or persons
<br />whomsoever; nor are there any unrecorded deeds, mortgages, or other conveyances affecting title to said land; and
<br />8. That The City of Vero Beach, a municipal corporation of the State of Florida is organized under the laws of the
<br />United States of America (or a State or Territory thereof);
<br />9. That all payable real property taxes have been paid relative to the land that is the subject of this affidavit; and that
<br />there are no unpaid (but payable) taxes for the current or prior tax years; and that affiant has received no notice of any
<br />pending assessment for municipal, county, or special taxing district improvement such as water, sewer, or road projects
<br />that would affect the lands described hereinabove, that have not been paid for, or otherwise specifically revealed to the
<br />purchaser, and accepted by said purchaser as a lien, liability for payment of which has been specifically agreed to by
<br />purchaser; and
<br />10. That no proceedings in bankruptcy or receivership have been instituted by or against the said The City of Vero
<br />Beach, a municipal corporation of the State of Florida; nor is there any pending litigation or dispute of any kind that
<br />might result in a judgment or other lien that would affect title to subject land; and
<br />11. That affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of
<br />Florida for falsely swearing to statements made in an instrument of this nature; and that this affidavit has been read by
<br />affiant, or read to affiant, and that its content is fully understood, and that all statements made herein are made as
<br />statements of fact; and that this affidavit is made for the specific purpose of inducing Indian River County, a political
<br />subdivision of the State of Florida to purchase said land from affiant; and to induce Atlantic Coastal Land Title
<br />Company, LLC, to insure the title to said land; and further the undersigned, on behalf of the said The City of Vero
<br />Beach, a municipal corporation of the State of Florida agrees to pay on demand to the purchaser herein identified,
<br />or to said purchaser's successors and/or assigns; and/or to Atlantic Coastal Land Title Company, LLC, all amounts
<br />secured by any and all liens or encumbrances not revealed herein, together with all costs, loss and reasonable attorney's
<br />fees, including attorney's fees expended in enforcement of the provisions of this paragraph, that said party may incur in
<br />connection with any such unrevealed liens, provided said liens either currently apply to such property, or a part thereof,
<br />or are subsequently established against said property and are created by The City of Vero Beach, a municipal
<br />corporation of the State of Florida, known by The City of Vero Beach, a municipal corporation of the State of
<br />Florida, or have an inception date prior to the consummation of the transaction upon which this affidavit is given.
<br />(Wherever used herein, the term "affiant" shall include singular and plural, singular and collective;
<br />all references to the singular shall include the plural; and the present tense shall include the past;
<br />wherever the context so admits or requires.)
<br />[F:\Actc\report\41078318.AFF]
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