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<br />TITLE, POSSESSION & LIEN AFFIDAVIT
<br />STATE OF Florida
<br />COUNTY OF Indian Rimcr
<br />Marie Simmons and Peter Sabo ,
<br />('"Seller"1, being first duly sworn, deposes and says that Seller makes these representations
<br />to Florida Communities 'frust, a nonregulatory agency within the Department of Community
<br />Affairs and Indian River Countv, a yoUtical subdivision of the State of Florida
<br />("Purchaser") and to e_curity Title of Indian River Inc
<br />("title insurer") to induce Purchaser to purchase and title insurer to insure title to that
<br />certain property described below, and Seller further states:
<br />Seller is the sole owner in fee simple and now in possession of the real property
<br />together with the improvements located thereon (hereinafter the "property") described
<br />as follows:
<br />See Exhibit "A" attached hereto and by this reference made a part hereof.
<br />2. The property is free and clear of all liens, taxes, encumbrances and claims of every
<br />kind, nature and description whatsoever, except for easements, restrictions, or other
<br />title matters listed in the schedule of exceptions in the title insurance policy
<br />insuring the fee simple interest to be received by Purchaser,
<br />3. There are no matters pending against the Seller that could give rise to a lien that
<br />would attach to the property or cause a loss of title or impair the title between the
<br />last title insurance commitment effective date, and the recording of the fee simple
<br />interest to be insured, and the Seller has not and will not execute any instrument that
<br />would adversely affect the fee simple title or interest to be insured.
<br />4. Seller has undisputed possession of the property„ there is no other person or entity
<br />in possession or who has any possessory right in the property; and Seller knows of no
<br />defects in the property title.
<br />S. No "Notice of Commencement" has been recorded which pertains to the property since the
<br />last title insurance commitment effective date, there are no unrecorded laborer's,
<br />mechanic's or materialmen's liens against- the property, and no material has been
<br />furnished to the property for which payment has not been paid in full.
<br />6. Within the past 90 days there have been no improvements, alterations, or repairs to the
<br />property for which the costs thereof remain unpaid, and that within the past 90 days
<br />there have been no claims for labor or material furnished for repairing or improving
<br />the same, which remain unpaid.
<br />7. 'there are not due, or to come due, unpaid bills, liens or assessments for mowing,
<br />water, sanitary sewers, paving or other public utilities, or improvements made by any
<br />governmental authority. Should any bill be Found which relates to the period of
<br />Seller's possession, Seller will pay such bill upon demand, No notice has been
<br />received of any public hearing regarding future or pending zoning changes, or
<br />assessments Eor improvements by any governmental authority.
<br />There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages,
<br />easements or rights of way for users, or adverse interests with respect to the
<br />property.
<br />if this is improved property that seller is the owner of, there are no claims, liens
<br />or security interests whatsoever of any kind or description against the furniture,
<br />fixtures, equipment and personal property located in the improvements on the property
<br />and sold as part of this transaction. All tangible personal property taxes are paid
<br />in full.
<br />10. 'there are no existing contracts for sale affecting the property.
<br />11. That, if married, Sellers have been continuously married during the entire time o= the
<br />oa,reership of the property, have ne�:er been divorced and have not entered iuneo any
<br />separation or property settlement agreement,
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