HomeMy WebLinkAbout1993-028eNNW-.,' ty Nd♦d 0819 ztivt+rt�+�e••�tKrc+r�,tvk.53
buten Paridlsi Ltd.
RESOLUTION NO. 98- 28
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196. 28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes,delinquent or current, held or owned by the county or the state,
I upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 958, Page 2667, which was recently acquired by Indian River
County for right of way purposes on C.R. #512, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Adams and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 9 day of February 1993.
BOARD OF COUNTY COMMISSIONERS
Attest:
INDIAN RIVER COUNTY, FLORIDA
ByJ.
l
Richard N. Bird
y ar}on, Chairman
Attachment: Copy of Executed Deed ca ADDroved Dale
Fuck h1 )i
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Vero Beach. FL 32960
(407) 562-9006
January 18. 1993Loc
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Indian River:County Attorneys' Office `
1840 35th Street
Vero Beach, FL 32960 ��
OWNER'S POLICY OF TITLE INSURANCE
(, Issued By
®COfllif1monwe1Ith.
Land Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY,; a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
Attest:
//�I n COMMONWEALTH LAND TITLE INSURANCE COMPANY
9y
ver ii'tiV rtaly
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
L (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e)
resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
Face Pape --- _ "°ter - Hary - rorm to (eiev. lo -17.70 and 1017 4) —
Fornt 1005-41 Valid Only If Schedules A. B and Cover Are Attached
CONDITIONS AND STIPULATIONS
I. DEFINITION OF TERMS
The following terms when used in this policy mean:
to any )rights or defenses the ompannsured namedy may have ad agaisubject
st t e
mined insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include
any: property beyond the lines of the area sRecifitally described or
referred to in Schedule A, nor any right, utle, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein sell modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land.
T. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an insured so long as such insured retains an
estate or'interest `in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so longus such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
Of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for
a sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alle4ed defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed as set forth in fa) above, (ii) in case knowledge shall come
to an insured hereunder of any clairr �f title or interest which is ad-
verse to the title to the estate or inter.it, as insured, and which might
cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable. If such prompt notice shall
not be given to the Company, then as to such insured all liability of
the Company shall cease and terminate in regard to the matter or
matters for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any such
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice.
t
B- 1005-4
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
Policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) In all cases where this policy permits or requires the Com-
ceeding the insured hereunder rovide shall secure to the Cor the defense of mpany the right
to so prosecute or provide defense in sueh action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested by
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS—LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
Policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished. Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage.
S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to pay or otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses in.
curred up to the time of such payment or tender of payment, by the
insured claimant and authorized by the Company.
S. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
( i) the actual loss of the insured claimant; or
( ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, attorneys'
fees and expenses in litigation carried on by such insured with the
written authorization of the Company.
(e) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover
CONTROL NO. 120-118211
2. The Estate or interest in the land described herein and which is covered by
this policy is a fee simple, and is at the effective date hereof vested in the
named insured as shown by instrument recorded in Official Records Book 958.
page;2667.,of the Public Records of Indian River County, Florida.
3. The land referred to in this policy is described as follows:
An, 80 -foot wide strip of land lying North of the intersection of South
Wimbrow Drive and C.R. 512. described as followse
Commence at the North quarter -corner of Section 7, Township 31 South, Range 39
East.and run West along the North section line a distance of 803.88 feet to
the South right of way line of the Trans -Florida Central Railroad (abandoned),
and run South 38 deg. 59' West a distance of 315.64 feet to the Point of
Beginning of the said strip. Thence run South 34 deg. 59' 28" East a distance
of 345.12 feet to a point in the North right of way of C.R. 512. the said
point lying in the arc of a 2107 -foot radius curve concave to the North. the
radius point of which bears North 39 deg. 22' 48" West; Thence run
Southwesterly along the curve through a central angle of 2 deg. 10' 45". an
arc ,distance of 80.14 feet to the Southeast corner of a tract described in a
deed recorded in O.R. Book 698. page 2868; Thence run along the East line of
the said tract North 34 deg. 59' 28" West a distance of 326.75 feet to a point
in the aforesaid railroad right of way; Thence run along the said right of
way. North 38 deg. 59' East. a distance of 83.23 feet to the Point of
Beginning. Lying in Indian River County. Florida.
COMMONWEALTH LAND TITLE INSURANCE COMPANy
2601 20th Street
Vero Beach, FL 32960; 7
Countersigned:
002 A thorized Offi er or Agent
1
_■
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rk :Policy No. VB26000-0
s
Customer File No. SEB PARADISE
3
SCHUME B
1Thi8policy does not insure against loss or damage by reason of the following
exceptions
1. Taxes for the year 1992 and taxes or assessments which are not shown as
existing liens by the public records or which may be levied or assessed
subsequent to the date hereof.
2. Encroachments. overlaps, boundary line disputes. and any other matters
which would be disclosed by an accurate survey or inspection of the
premises.
3. ,;: Easements or claims of easements not shown by the public records.
4. This Policy does not insure againstscounty and/or municipal improvement
liens which are not recorded in the Official Records of Indian River
County. Florida.
5. Any lien provided by Chapter 159. Florida Statutes. in favor of any city,
town..village or port authority for unpaid service charges for service by
any water. sewer or gas system supplying the insured land.
6. Reservations in favor of Trustees of the Internal Improvement Fund. as
contained in Deed No. 444, dated November 28. 1944 and recorded December
21, 1944 in Deed Book 35. page 435, of the Public Records of Indian River
County, Florida, which provide as followst
a) "AS TO LANDS IN TRACTS OR COMPOSITE TRACTS AGGREGATING TEN (10)
ACRES OR MORE: RESERVING unto the State of Florida the title to an
undivided one-half of all petroleum and petroleum products and title
to an undivided three-fourths of all other minerals which may be
found on or under the said land. together with the right to explore
for and to mine and develop the same."
The right of entry for mining and exploration in said reservations
has been released by Section 270.11 F.S.
b) "RESERVING unto the State of Florida easement for state road right
of way two hundred (200) feet wide lying equally on each side of the
center line of any state road existing on the date of this deed
through so much of any parcel herein described as is within one
hundred (100) feet of said center line."
Said reservation(s) have been partially released by the
instrument(s) recorded in Official Record Book Book 21, page 166. of
said Public Records.
K
QID OF SOMM I,C B
3
CONDITIONS AND STIPULATIONS
(CoMbmd)
7.. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until, there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured to settling any claim or suit without prior written
consent of the Company.
5. REDUCTION OF LIABILITY
s All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
Tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lostor destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
0. -LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or hen on
the estate or interest described or referred to in Schedule A. and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this
insured owner. policy to said
10. APPORTIONMENT
unless a liability or value has otherwise been agreed upon as to each such
parcel by the Company and the insured at the time of the issuance of this
attached hereto.
policy and shown by an express statement herein or by an endorsement
11- SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company, shall have settled a claim under this policy.
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
Mnany person or propertyy in respect to such claim had this policy not
baissued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that pan of a
losses insured against hereunder which shall exceed the amount, if any, losny
I
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
is
endorsements and other
instruments if ny tattachedher heretotth by the Company is the enure policy
and coyyntract between the insured and the Company.
im or
or
andAwhichaarises out of henstat s oe. f they title to he estate orr not based on ginterest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by writing endorscd'hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
If e land
which are not sed asha singleslee,, and a loss isconsists
establ shed affecting one or 13. NOTICES, WHERE SENT
more of said parcels but not all, the loss shall be computed and settled on All notices required to be given the Company and any statement in
a pro rata basis as if the amount of insurance under this policy was divided writing required to be furnished the Company shall be addressed to
pro rata as to the value on Date of Policy of each separate parcel to the Commonwealth Land Title Insurance Company, Eight Penn Center,
whole, exclusive of any improvements made subsequent to Date of Policy, Philadelphia, Pennsylvania 19103.
American end Title Association Owner's Policy -1070 - Form B (Rev. 10-17-70 and 10-17.84)
Cover9
Form 1005-8
Valid Only If Schedules A and B Are Attached
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Owed By and llet'urn to•
oald N. Schneider DOCUMENTARY STAMPS
WtOMF "EV LAND TITLE INSURANCE COMPANY DEED $ XX4. •.+
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`�. 2601 20th Street NOTE_ O
Vrm Beach, IL 32960
JEFFREY K. BARTON, CLERK 8 C
INDIAN RIVER COUNTYOo C
File No.r VB26000
Property Appraisers Parcel Identification Number(s)8 07-31-39-00000-3000-00005.0
--------------------------------------
WARRANTY DEED
THIS;IMMOMDRE. Made DECEMBER 5(`. 1992 between,
SEBASTIAN' PARADISE. LTD. A FLORIDA LIMITED PARTNERSHIP
c.�
and having Its principal place of business ats 2640 N.E. 50 Street, Lighthouse Point=
hereinafter: called theFL 33064
grantor, for ut
INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORDIA
Who post office address is I S �• ST.
hereinafter called the grantees 1 `r 'J�`���r i• �Z�tGO
("grantor" and grantee" are used for singular or plural, as context requires)
WITNESSETH$ That the grantor, for and in consideration of the seam of TEN and N6/100 ($10.00)
Dollars. and other good and valuable consideration to the grantor in hand paid by the grantee.
the receipt of which is hereby acknowledged, has granted, bargained and sold to the grantee,
and grantee's heirs and assigns forever, the following described land, situate. lying and
being in Indian River County. Florida, to -wits
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND 710 HOLD. the same in fee simple forever.
AND the grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever.
SUBJECT TO covenants, restrictions, easements of record and taxes accruing subsequent to
December 31, 1992.
IN WITNESS RIIEREOF, the grantor has caused these presents to be executed in its name, by
its proper officer thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
in ofr
A_hexresenc)
SEBASTIAN PARADISE, LTD. A FLORDIA
LIMITED PARTNERSHIP
W1t
Witness t4ona' L", -T- Genera �ar�'
STATE OF Florida
o
COUNTY OF Indian River
O
THE FOREGOING instrument was acknowledged before me on DECEMBER �I 1992
Ci!
by JOHN THOMAS BALLINGER, GENERAL PARTNER of SEBASTIAN PARADISE, LTD, a FLORIDA
PARTNERSHIP, On behalf of the PARTNERSHIP.
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.identification and did not take an oath.
My t;vmn+�asion Expiresr
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Not Signatu a (IMPRESS SEAL)
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Printed Notary Signature
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{ File No. VB26OW
An 80 -foot wide strip of land lying North of the intersection of South Wimbrow
Drive and C.R. 512. described as follows.
CQrence at the North quarter -corner of Section 7, Township 31 South, Range 39
East, and run blest along the North section line a distance of 803.88 feet to the
South right of way line of the Trans -Florida Central Railroad (abandoned), and
rug.' South, 38 deg. 59' bleat's distance of 315.64 feet to the Point of Beginning of
the,said strip. Thence run South 34 deg. 59' 28" East a distance of 345.12 feet
to a point in the North right of way of C.R. 512, the said point lying in the arc
t of a, 2107 -foot radius curve concave to the North, the radius point of which bears
North 39 deg. 22' 48" West= Thence run Southwesterly along the curve through a
central angle of 2 deg. 10' 45". an arc distance of 80.14 feet to the Southeast
corner of a tract described in a deed recorded in O.R. Book 698, page 2869.
Thence run along the East line of the said tract North 34 deg. 59' 28" West a
distance of 326.75 feet to a point in the aforesaid railroad right of way; Thence
run along the said right of way, North 38 deg. 59' East, a distance of 83.23 feet
to the Point of Beginning. Lying in Indian River County, plorids.
Page 2
nerore ale. the undersigned Notary Public in and for the State of Florida.
Personally appeared John 'Thomas Ballinger. who. after being duly sworn.
deposes and,statesr
1. That the following people comprise all of the Genera) Partners
of Sebastian Paradise. Ltd.. a Florida Limited Partnerships
A. John Thomas Ballinger
B. Keranetta Rockwell
C. Marian Liepert
D. James Taddeo
2. That any of the above general Partners have full authority to
execute a conveyance for lands owned by the partnership, and
Particularly for lands as described in attached schedule
3. That this conveyance is made for the purpose of carrying on the
the usual way the business of the partnership.
FURTHUR AFFIANT sayeth naught.
JO THOMAS BALLINGER
State of Fl ida
County of�
THE FOREGOING instrument was acknowledged before eon December�..if
1992 by JOHN THOMAS BALLINGER. who has pr uced drive license as
Identification and who did not take an hl
Commission Expires C (�
Rotary Signatu (IMPRESS SEAL)
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Printed Notary Signature
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