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2024-017
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2024-017
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Last modified
2/8/2024 12:11:05 PM
Creation date
2/8/2024 11:05:00 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/09/2024
Control Number
2024-017
Agenda Item Number
13.B.
Entity Name
Indian River County Habitat for Humanity, Inc. (HFH
Subject
Agreement to Purchase and Sell Real Estate Donation of Former Gifford Gardens
4730 40th Avenue
Warranty Deed
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in <br />applicable 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 but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, <br />bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said <br />property. <br />12. The Grantee of the Tax Deed recorded at Official Record Book 2619, Page 2404, Public Records of Indian <br />River County, Florida was an arm's length party to any prior owner/lienholder. For at least four years, the <br />property taxes have not been assessed to, or paid by any former owner/lienholder. Affiant has not received any <br />notice of an adverse claim to the property. Neither the prior owner, nor anyone claiming by or through them, <br />was in possession of the property for more than one year after the issuance of the Tax Deed without an ejectment <br />action being filed. <br />13. There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the <br />property. <br />14. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real <br />property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of <br />tax is not required 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 <br />foreign estate for purposes of United States federal inconle taxatiof�, <br />B. Seller's U.S. Taxpayer Identifica�n umb is 59 - 6� d / q <br />C. Seller's address is:. 1801 e2-% Vero 3��((�• <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 <br />connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands <br />this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements <br />contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign <br />this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states <br />that this declaration was carefully read and is true and correct. <br />15. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above <br />referenced property and, for the purpose of inducing Collins Brown Barkett, Chartered and Old Republic <br />National Title Insurance Company/ATFS to issue title insurance on the subject property, with the knowledge <br />that said title companies are relying upon the statements set forth herein. Seller hereby holds Collins Brown <br />Barkett, Chartered and Old Republic National Title Insurance Company/ATFS harmless and fully <br />indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and <br />all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. <br />"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states <br />that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United <br />States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller <br />further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context. <br />Page 2 of 3 <br />
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