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CLOSING AFFIDAVIT Entity or Fiduciary Seller Residential/Unimproved BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared the undersigned Carol C. Farnsworth ("Affiant'o, Vice President of TD BANK, N.A. (" Seller'o, who deposes and says under penalties of perjury that to the best of her knowledge and belief: 1. Property. Seller is the owner of certain real property (the "Property") described as: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 1, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit: Beginning at the Southeast corner of the North 5 acres of the South 15 acres of said Tract 1, thence bearing North 89 degrees 43 minutes 25 seconds West, a distance of 42.04 feet to a point; said point being the beginning of a non -tangent curve concave Westerly, having a radius of 2,917,00 feet, a central angle of 02 degrees 47 minutes 03 seconds, a chord length of 141.73 feet bearing North 01 degrees 55 minutes 33 seconds East; thence, northerly along the arc of said curve, a distance of 141.74 feet to a point, thence, bearing North 00 degrees 32 minutes 02 seconds East, a distance of 28.82 feet to a point on the North line of the North 5 acres of the South 15 acres of said Tract 1, thence, bearing South 89 degrees 43 minutes 25 seconds East along said North line, a distance of 38.60 feet to a point, thence bearing South 00 degrees 32 minutes 02 seconds West, a distance of 170.48 feet to the POINT OF BEGINNING. 2. No Lien. Seller is not aware of, nor has seller ordered any Improvements, alterations or repairs to the Property during the last ninety (90) days, for which the cost thereof remains unpaid. 3. Possession. The property may be occupied by third parties and seller does not indemnify against claims third parties may have to continue in possession. 4. Gap. Seller is not aware of any matters pending against Seller that would give rise to a lien which would attach to the Property. 5. Unrecorded Easements. Seller is not aware of any unrecorded easements and will not indemnify against claims of easements or rights of way affecting all or any portion of the property. 6. _Seller's Existence and Affiant's Authority; The Seller Is active and In good standing, no proceeding is pending for its dissolution or termination and Affiant is its duly appointed and serving fiduciary with authority to bind the Seller. Afflant gives this affidavit on individual knowledge and on behalf of the Seller. 7. Perldincr Actions. Seller Is aware of no actions or proceedings now pending in any State or Federal Court to whitti_ the Seller is a party, Including, but not limited to, proceedings in bankruptcy, receivership or Insolvency. 8. 'Tax'Re+roration.'Seller does not agree to a re -proration of taxes in the event the current real estate or personal property taxes vary in amount from the figures used by the Closing Attorney/Agent in making the tax proration used in closing the transfer and conveyance of the Property.