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40 <br />40 <br />4D <br />TITLE, POSSESSION & LIEN AFFIDAVIT <br />STATE=. OF FLORIDA <br />COUNTY OF PALM BEACH <br />LAURA ANDRE alkla LAURA H. ANDRE, ("Seger°), being first duly sworn, deposes and says that <br />Seller makes these representations to Florida Communities Trust, a nonregulatory agency within the <br />Department of Community Affairs and Indian River County, a Florida political subdivision ("Purchaser") and <br />to Chicago Title Insurance Company, ("title insurer') to Induce Purchaser to purchase and title Insurer to <br />insure title to that certain properly described below, and Seller further states: <br />I. Seller is the sole owner in fee simple and now In possession of the real property togellier <br />with the hnprovements located thereon (hereinafter the "property") described 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 or every kind, <br />nature and description whatsoever, except tar easements, restrictions, or other title matters listed in the <br />schedule of exceptions In the title insurance policy insuring the fee simple interest to be received by <br />Purchaser. <br />3 There are no matters pending against the Seller that could give rise to a lien that would <br />attach to the property or cause a loss of title or impair the title between the last title insurance commitment <br />effective date, and the recording of the fee simple interest to be insured, and the Seller has not and will not <br />execute any instrument that would adversely affect the fee simple title or interest to be insured. <br />4. Selier has undisputed possession of the property; there is no other person or entity in <br />possession or who has any possessory right in the properly; and Seller knows of no defects in the property <br />title, <br />5. 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, mechanic's or <br />materialmen°s liens against the property, and no material has been furnished to the property for which <br />payment has not been paid In full. <br />6. Within the past 90 days there have been no improvements, alteratlons, or repairs to the <br />property for which the costs thereof remain unpaid, and that within the past 90 days there have been no <br />claims for labor or material furnished for repairing or Improving the same, which remain unpaid. <br />7. There are not due, orto come due, unpaid bills, liens or assessments for mowing, water, <br />sanitary sewers, paving or other public utilities, or improvements made by any governmental authority. <br />Should any bill be found which relates to the period of Seller's possession. Seller will pay such bill upon <br />demand. No notice has been received of any public hearing regarding future or pending zoning changes, <br />or assessments for improvements by any governmental aulhorily. <br />8. 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 property. <br />9. If this is improved property that. Seller is the owner of, there are no claims, liens or security <br />Interests whatsoever of any kind or description against the furniture, fixtures, equipment and <br />Page 1 of 3 <br />