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BARNETT BANK OF INDIAN RIVER COUNTY, <br />a Florida banking corporation, <br />Plaintiff, <br />vs. <br />SCOTT L. GALES and CAROL R. GALES, <br />his wife; INDIAN RIVER COUNTY, a <br />political subdivision of the State <br />of Florida; et al., <br />Defendants. <br />�ooK 79 PA�r 87 d <br />IN THE CIRC( .OURT OF THE NINETEENTH <br />JUDICIAL CIRCb.i IN AND FOR INDIAN RIVER <br />COUNTY, FLORIDA <br />CASE NO: 90-0052 CA 09 <br />JUDGE: VOCELLE <br />STIPULATION <br />Plaintiff, BARNETT BANK OF INDIAN RIVER COUNTY, a Florida banking <br />corporation, and Co -Defendant, INDIAN RIVER COUNTY, a political subdivision of <br />the State of Florida, stipulate as follows: <br />1. On January 23, 1987, Defendant mortgagors, SCOTT L. GALES and CAROL <br />R. GALES, executed and delivered to Co -Defendant, INDIAN RIVER COUNTY, a warranty <br />deed conveying the easternmost five feet of the real property foreclosed upon <br />in this action. The warranty deed was recorded at Official Record Book 758, page <br />1104, of the public records of Indian River County, Florida, and specifically <br />conveyed to INDIAN RIVER COUNTY: <br />The East 5 feet of the following described property lying parallel <br />to the Westerly right-of-way of 6th Avenue: <br />The North 166.50 feet of the East 535.00 feet of the North J of the <br />SE $ of the NE I of Section 12, Township 33 South, Range 39 East, <br />less and except the East 35 feet thereof. <br />2. The real property conveyed by Co -Defendants, SCOTT L. GALES and <br />CAROL R. GALES, as mortgagors to INDIAN RIVER COUNTY as specifically described <br />in the aforementioned deed was subject to mortgages and subsequent modifications <br />thereof made by Co -Defendants, SCOTT L. GALES and CAROL R. GALES, in favor of <br />Plaintiff as mortgagee. Plaintiff's mortgages and modifications thereto are <br />more fully set forth and described in the Amended Complaint filed herein. <br />3. Plaintiff and Co -Defendant, INDIAN RIVER COUNTY, acknowledge and <br />agree that if INDIAN RIVER COUNTY abandons transfers, conveys, or otherwise <br />disposes of the \ al property conveyed by Co -De( :ants, SCOTT L. GALES and <br />CAROL R. GALES, to INDIAN RIVER COUNTY in that certain warranty deed recorded <br />at Official Record Book 758, page 1104 of the public records of Indian River <br />County, owner(s) or mortgagee(s), or both, of the mortgaged real property (less <br />the real property conveyed by Co -Defendants GALES to INDIAN RIVER COUNTY) shall <br />88 <br />