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HomeMy WebLinkAbout2001-044C-) 40 40 A :T4ASTCR OF �W5 N C9TAT2 PLANNR'm G`.RTIFiEO g6AL—AT6 WYEn h�5., I'd I 1 f'„ ".f JJ '•!V, -lf� 0- 0 J4 J` "'4W• -f'1 1 //-07-0-0 V Ci 11l ollins, Brawn, GIL , Burkett& GdrdVdglld Will Collins CHARTERED r _ .-J County Attorney ATTORNEYS AT LAW o CLERK TO T HL BOARD 758 BEAcHi-AND BOULEVARD v PLEASE REPLY TR uAR aBAWETT G LVN S,IROWfd!Jj VERO SEAQN FLORIDA 32983 l % 'T UVMCE �X 64-3889 YER9 BEAAUt FtO 3K84.8889 WS.LIAM W. CALDWd1 1' F ;r�"1 1'- I ! r Enclosed are copies of the following: SU9 A. CALISTRV asm4 ci C -A nsJ • •^ ...�. 561-231.4943 TAICHAEI-. A S RAVAGLIA LISA N. THOhff �'•. TELEFA74: r,61-234-5235INTERNET: CACWVEMCLAW-C M :T4ASTCR OF �W5 N C9TAT2 PLANNR'm G`.RTIFiEO g6AL—AT6 WYEn h�5., I'd I 1 f'„ ".f JJ '•!V, ROAnU •••MASTEq OP 1 -AWS W. 11G'.L nll.f)VCRTY —E off. wE J` "'4W• -f'1 1 March 16, 2001 Will Collins �l({ n �� r _ .-J County Attorney s C°l Indian River County CLERK TO T HL BOARD 1844 25th St. Vero Beach, Florida 32964 Dear Will. Enclosed are copies of the following: 1. Grant Award Agreement; 2. Buyer's and Seller's Closing Statement on Simmons closing; 3. Marked up Old Republic National Title Insurance Company Commitment on Simmons closing; 4. Corrective Warranty Deed on Simmons Closing; 5. Trustee Affidavit on siffumus Closing (notary acknowledgment was attached prior to recording); 6. Warranty Deed on Simmons clusing; 3. Environmental Affidavit on Simmons closing; 8. "Title, Possession & Lien Affidavit on Simmons closing; 9. Closing Statement on Andre closing signed in counterparts; IU. Marked up American Land Title Association Commitment on Andre closing; 11. Warranty Deed on Andre closing; 12. Environmental Affidavit on Andre closing; 13. Title, Possession & Lien Affidavit on Andre closing. If you should need any additional documentation for your rile, just give me a call. Vry truly u f IIIRLFM. MURICO Legal A start to Bruce D. Barkett, P sq. sm Encls. 40 40 Q, This document prepared by; Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST pBA AWARD# 98-058-P8A FCT Contract# GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this 2Aday of,56g A,1 r -z—, 2001, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired: with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253, 259, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial. assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 1 of the Florida preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affair's to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GAA/98-058-P8A 01/.') 1/ 01 40 • 4D WHEREAS, Rule 9K -4.010(2)(f), F.A-C.r authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K-4, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the deed whereby the FCT Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal improvement Trust Fund upon the failure of the FCT Recipient to use the Project site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an -agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Bond award. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River County, Florida, and referenced by the warranty deed vesting fee simple title to the Project Site in the FCT Recipient, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement. to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status Of the Preservation 2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. GAA/98-058-P8A 01/31/01. 4D C-1 i 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall band, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust. Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTR: Executive Director FCT Recipient: Indian River County pFUA 5 r t5 18 is Z4 � {+T �vD- ATTN: ��hbN reSrsfl�hlfl'f 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in -any way be affected or impaired. 11. PRGJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. L. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT 'Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project site shall be conveyed to the Board of Trustees of the Internal improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. GAA/98-058-P8A 01/31/01 40 ob • 2. Any transfer of the Project Site shall be subject to the approval. of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement 'Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work.. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore. rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project Site conservation, protection historical resources and public outdoor recreation conservation, protection along with other related GAA/98-058-PBA 01/31/01 shall be managed only for the and enhancement of natural and for passive, natural resource --based which is compatible with the and enhancement of the Project Site, uses necessary for the accomplishment of 4P this purpose. The proposed uses for the project site are specifically designated in the Project Pian as approved by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. if an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5.. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved Project Plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required', from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. if archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. GAA/98-058-PBA 01/31/01 40 4 C> 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a ,passive, natural resource. -based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from. FCT and FCT Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROaECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 50 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization, b. the operation of any concession on the Project Site to a non-governmental person or organization; C. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: GAA/98-058-PBA ©1/31/01 6 do op 40 a. a sale of the. Project Site or a lease of the Project site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non --governmental person or organization; C. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; G. any use of the Project Site by non-governmental persons other than in such personfs capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT.' ENTITIES, OR NON GOVERNMENTAL, PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. C014DXTIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT of THE FCT APPROVED MANAGEMENT PLAN. 1. Outdoor recreational facilities including nature trails and a boardwalk shall be provided.The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources an the Project Site without causing harm to those resources. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Preservation 2000 Program and the Recipient. such recognition shall also be included in all printed literature and advertising associated with the Project Site. GAA/98-€158-PBA 01/31/01 7 40 40 40 3. Parking facilities on the Project Site shall be located and designed to have minimal impacts on natural resources. Parking facilities shall incorporate pervious material whenever feasible. 4. A survey of vegetative communities and plant species shall be conducted on the Project Site. The FCT Recipient shall detail hour the survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural resources on the Project site. 5. The coastal maritime hammock, mangrove and saltmarsh communities that occur on the Project site, and adjacent seagrass beds, shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 6. The Project Site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the Project Site, including the indigo snake, manatee, wood stork, white ibis, roseate spoonbill and other wading birds. The FCT Recipient shall coordinate with the Game and Freshwater Fish Commission and Department of Environmental Pr€rtsction's office. of Protected Species Management on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 7. 'Management of the Project Site shall be coordinated with the Department of Environmental Protection's. Aquatic Preserve Plan and, the St. Johns River Water Management District's SWIM Plan to protect water quality within the Indian River Lagoon. 8. Adjacent development activities shall be monitored through the development review and approval process to ensure that such activities do not negatively effect the resources on the Project Site. 9. The water quality and ecological function of impounded wetlands at the Project Site shall be enhanced through improvements in water circulation, tidal replication, control of nuisance vegetation and elimination of pollution sources. An ongoing monitoring program shall be conducted to study the results of adaptive management strategies used on the Project Site. Impoundment management shall be coordinated with other impoundments along the Indian River Lagoon. GAA/98-058-PBA 01/31/01 40 40 • 10. An ongoing monitoring and control program for invasive exotic vegetation shall be implemented at the Project Site. The Exotic Pest Plant Council's hist of Florida's Most Invasive Species shall be used to identify invasive exotic vegetation on the Project Site. 11. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of Stater Division of Historic Resources in order to prevent the disturbance of significant sites. 12. Management of the Project Site shall be coordinated with the Indian River County Mosquito Control District and with the land manager's of other conservation and preservation lands in the project area, including the Department of Environmental Protection. 13. Pedestrian and bicycle access to the Project Site shall be promoted as an alternative to automobile transportation by providing pedestrian walkways and/or bicycle parking stands. 14. The Project site shall be incorporated into the County's overall management program for the protection and enhancement of natural and recreational resources within the Indian River Lagoon Greenway network. 15. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project site shall not conflict with the terms and conditions of the FCT award. GAA/98-058-P8A 01/31/01 II 40 40 THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, witness: r 4 SGC Pri,rt - NauVe int Name: STATE OF FLORIDA COUNTY OF IHbIAha AVCV-- INDIAN RIVER COUNTYBY- �} Citi KCi� �S P N 1 i4f� GNA (MA14 Date: Feku r . J.K. BARTON K 4FtCulT COU (, 1 Attest' 6 C1e Accepted as to Legal Form and sufficiency: �Y re -6-ate: 2-- The fear oing instrument was acknowledged before me this day of,Z.�, by _ CA9VWt4r as He\she is personally known to me CAVN`[• �p}t�{1551GNER Notary PQblic G q" KimNeri E. MassNng Print Name: ;` ` � = MY COMMISSION # c(A55436 EXPIRES Commission N[a . =i"•....• > k 15, 2005 ,,+ SONO€0 TH0.UFRM 0Y€NHINSURAt{CElrn My Commission Expires: FLORIDA COMMUNITIES TRUST Print Name: rint Na e5,-, � GAA/98-055-PBA 01/31/01 .T .Ice Browning cutive Director �� Accepted as to Legal. Form and Su 19iency ✓r Ann J. WiY , Tru t Counsel Date:= C} 10 i STATE OF FLORIDA COUNTY OF LEON he fore o'pg instrument was acknowledged before me this ` ay of 200_( by JANICE BROWNING, as She is personally known to metV �� &4�-z Notary Pu%li6 Print Name: Commission No. Icy Commission Expires: GAA/98-4158-PBA 01/31/01 11 Ann 1. Md ? Q'_ NClC4MMISSIt3Ni CC431448 EXSKR€S August X 2004 " •P;.ii 90140EG THYu TROY FAN INSURANCE YiC • E-�] a Crant Award Agreement PSA Award # 98-058-P8A EXHIBIT "A" LEGAL DESCRIPTION "ANDRE PARCEL" Portions of KANSAS CITY COLONY SUBDIVISION, Lots 1, 2,3 and 4, Iyirig West of State Road A -1-A, according to the Flat thereof, recorded in Plat Book 4, Page 23, of the Public Records of St. Lucie County, Florida. Said lands now lying and being in Indian River County, Florida; less State Road A-1 -A right-of-way. do E__j 40 Grant Award Agreement PBA Award 9 98-058-P8A SC14EDULE "A" tp ST .,PARGEV' -RAA ALL:. - OF' GOV�RNMENT._-LOT, 1;:, SECTION JJ, TOWNSHIP 33 SOUTH, fGE,40 .33"'SOUTH THE SOUTH 213 OF` PART' OF GOVERNMENT LOT 1, SECTION :34, TOWNSHIP RANGE 40 EAST, LYING SOUTH OF THE NORTH 966.96 FEET OF SAID GOVERNMENT' LOT,, WEST OF STATE ROAD AIA, SAID PRopEf?,ry HEING MORE PARTICULARLY 1, AND LYING CORNER OF SAID GOVERNMENT LOT DESCRIBED AS FOLLOWS.- FROM THE NORTHWEST 1, RUM SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, A.DISTANCE OF 1099.16 FEET, To, THE POINT" OF BEGINNING: THENCE CONTINUE -SOUTH ALONG' SAID WEST LINE A DISTANCE OF 224.25 FEET TO THE SOUTHWEST CORNER' OF SAID GOVERNMENT LOT 1; THENCE WITH AN INTERIOR ANGLE OF 89-28.37". RUN EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT I A DISTANCE OF 1677-21 FEE! 0 AIA; THENCE WITH AN INTERIOR ANGLE To THE WEST' or WAY OF STATE ROA WEST RIGHT' OF WAY OF STATE ROAD OF 75*20'00", RUN NORTHWESTERLY ALONG THE AIA A DISTANCE OF 2.33-59 FELT• TFJENCE WITH AN INTERIOR ANGLE OF 104'4344", RUN WEST A DISTANCE OF 1615-94 FEET To THE POINT OF 13CCINNING ON THE WEST LINE OF SAID GOVERNMENT LOT 1, LESS AND'EXCEPTthe north 400 feet of the South 62� .25- fco t. of -Jhe., , exGovernment­ 7`272.25 feet of Govrnmcnt 1;ot".I, Section 33, Township 33S,�Range.%Aor.,,-!: said• land lying and.'being in Indian River County, I lorida: 4b • BUYER'S CLOSING STATEMENT SECURITY TITLE OF INDIAN RIVER, INC. BUYER: SELLER - INDIAN RIVER COUNTY, A, POLITICAL SUBDIVISION Marie Simmons and and Peter G. Saboajohn of the State of Florida PROPERTY LOCATION: Oyster Bar Salt Marsh, VERO BEACH, FL 32160 DILE NO: 10667 SETTLEMENT DATE: 3115/01 CREDITS EXPENSES SALES DATA: Purcioase Price S 240,000.00 Option Payment from State S 100.00 PROBATIONS: COSTS: Attomey Fees S 500.00 Survey — Carter & Associates $600.00 P.O.C. TOTAL CREDITS and EXPENSES: $ 100.00 S 240,54000 AMOUNT DUE FROM BUYER: $ 240,400.00 TOTAL FUNDS DUL+ FROM BUYER S 240,400.00 Receipt of a copy of the foregoing statement, agreement as to (lie accuracy ihercul, and authorization and approval to dlsburse as set forth. Taxes are, of necessity, an estimate and proration will be entirely between (lie Purchaser and Seller.'Che below signed parties agree, (]tat in (lie event llie current real estate or personal taxes vary In amount from (lie figures used ]it making (lie above prorations, then a new proration and a correcl and proper adjustment will be made upon dentand, said adjustment shall be entirely betsveen the parties. INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION of tl e e ofd l day- t /r�' (._"' 4Y�CLYIi}� Ki f r� f i M LJ Co'mni tmerit To Insure ALTA Commitment - 1970 Rev. CA 572820 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. a Minnesota corporation, herein called the k k Company, for a valuable consideration, hereby commits to issue its policy of policies of title insurance, � as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land dascdlaed or referred to in Schedule A: 'F upon payment of the premiums and charges therefor: all subject to the provisions of Schedule A and R * and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. either at The time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the Issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six mantels after the effective date hereof or when the policy or policies committed for shall issue. whichever first occurs, provided that the failure to issue such policy ar policies is not the fault of the Company. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Srhedule A. the Commitment to become valid when countersigned by an authorized signatory. CONDITIONS AND STIPULATIONS t. The teem "mortgage', when used herein, shall include deed of trust, trust deed, or other security instrument 2, if the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment uthef than those shown in Schedule fi hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved tram liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such detect, lien. encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shag not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3, Liability of the Company under this Commitment shalt be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith Ia) to comply with the requirements hereof or Ib) to eliminate exceptions shown in Schedule B. or Ici to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A (of the policy of policies committed for and such liability is suhject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy Of policies committed for In favor of the proposed insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action of actions or rights of action that the proposed Insured may have of may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. NOTE: The policy committed for may be examined by inquiry at the office which issued the commitment, and a specimen copy of the policy form Lor forms) referred to in this commitment will be furnished promptly upon request. 4Lo REPUBLIC NATIONAL. TITLE INSURANCE COMPANY Delivered with and printed on this Comininnant Jacket is the A SrockCofnpanM Closing Protection fetter prnmulrJated undorRule 4-166.610, FA.C• joQJj3 fill venue South, �nneaRa+s.rrnnesora55dml rGr77]Fr ilii 9y Pres+denr ;A',1,,11,g oy Asesr �x Serie+err f✓ pal Fnmx =9 CA F-1 ob MMAR 16 101 11 57A SECURITY YfTLT–WftfWMER .57282.R... 's m 1. WecdveDldg- 02/26/01. 9: a. M• Amou7e 2. Paiccy as Njjcjcs to be issued' j A.LT-t, Owner's Racy WOO wM FWda modificalions) s24D,DGD,00 propvAd po3.jtiruL-j gubdiviuiwx .%NDT" RIVER COUNT"t, (06190 With Fjxjdamodiflvaiio ) pfoposcd insumd. SCHBDULF, A 1, jr� this Coffpiuueqt.-d ccvcrod hevoin. is. 3. Tht estate orinWCA i[L she land ftsctibcd sit rcf"Tpd [Fee simple, LmtW14, CLO -V daft herenfrtssed is4 1". o T-1 tie ro the Fer simple C&MEe of iatnest i K 311id. land I and Peter G. Sab-ujuh- aEl trU.StOG Marie Siv=UO, -1 ei vnivercal Life chllr�h IVE 5. Tile land mf=WA to in this Policy is situated in the cQuavy of RR ad is d"tribod -As follOws:, SC31EIO= 'All Thil CO3—inmr V:Ihd CMIY ifSche&lv ID is 15'4S 561 567 6521 P�62 0 C-1 1'Ik-MHk 1b 'Ij1 11;t)lNI`9 S♦•_WKSIT ILILL ur LIWIMil MAVL{ (•'o"tyep,04uhAtbr.'CA 57 x 6 0 ', I � PilcNutnbrr 7,0667 c 'The following me the reyuir mc-nt5 to be ctxnpliod wicb: [° �aes of the lull cansidstn�op for the "Ivt' interest k4went to or for the account of the s=106 or morlg4 to be insured. ti 2. )nstram=*) nix—ary to 011"',the estate or itatrest as be insured anti 0-i iststzur u which must be d roperly,exeeut.1 �F delivered, and duly filets for ercorrl, andfor vtllsx matters which must btt.4utni_'bed to rile cornpsny le wv a> d 'peter. G. 3 _S warranty Deed frc= Marie Siv=ns, a vine oc.ed ? warrajty ee trustee of UnivLwraal Iife Cburch t.o e -he P7�oP N',' j...red p—chaaer• ( s) . tine legal descr'iptiOu ae 4,1. C=Xectiv® W ranty Dead corrOctita9 4 ± i eapyCdsrl on that t+iarxancy Dtrad dated 08/01 /00 and recorded o i . . Book 3.353, Page 0339, Public Records of In an Rive= Count Yf Florida • ` S.l �,ggidavit from Pettier Sabonjohn a%Ld Rose RumaxIO atati�9 who the t all rules lIOd with' R f trustees sand pastor are of Universal Life Chuxc bl and ccmp relating to conveyance of real property Secure Sellers affidavit of no lieaa. N°�Sr 7. payment of 2040 Boal da>rat:a tastes as follovru: #33-33-40-00000-0010-00001.0 53,.283_59; 1 033-33-+4o-00fl40-0010-00402.0 - $712.57; i#3't-33. 40-ODO70-0010-00OQ5. D _ $747.05: �•` #34-33-40-DQ000-6DIq-00006.0 $70"0 a d tiara of 'pax Certificate #76039Q for 1996 in tZ1e amount:of t'083! ],rl1 l'W12-15-?901 i5:46 ai T Certificate #772520 far 1yst6 in the a�upt of of Tax Certificate #772530 for 561 567 5621 r.G1 �ZG7 Cr_71 1996 iz the 1 azs unx; Of. �� g. l 1Z�detioxL $3., 322 .67 - I, x0_ RedemptiQ'A t'083! ],rl1 l'W12-15-?901 i5:46 ai T Certificate #772520 far 1yst6 in the a�upt of of Tax Certificate #772530 for 561 567 5621 r.G1 �ZG7 Cr_71 1996 iz the 1 azs unx; Of. 1lm+sR p4.IRT�NtYd�•y+gL•I"et-CSCF�111 P.04 99% P. 103 r.1 C1 E2 16T't a -SeAm sECUR i tY - f itl-[f bF"" FF2�Vg'" U ConmjEmen%Nqmb,-c CA 5720%6. IssuingOfl-Irc k)-IcNo.. 10667 EXCEPTIONS in sed of W tbr.52fisfic"Un of 1h Mz policy of Policies w be issued will OTMAIR excePdOl� to the following unk4c the so t =di•"- jiysj. zrmng tht Pubiie .1toWs' adv elzims or odLcr mOlets, if mv, imump DdecN liens, encumb mcv-, dW ale PToPo fA ocquirts fear of ;jm ming subseq%Vent. to 1,11C b-creof but Pdor to the 1 record tic esmig or inumst or "i-q1ge tfir;reon CQvtrd4 by chis ComrPitrnmi. Pztj1 Facts which would b-- disdosUby 'all accurzlr l and ccTnmjvL. survey Of the premises herein dcsuribtd. Y-' Rich LS and C12:i or Pa Ifics in P ozes-sion. n's liens, ad lim tMms, if Up whae no nolife %em0r1&P'PCxs of rqQPL--.`;' or NUMsiabDr Y, e°'p . Eascmen,6 O:r el 7ms ofeasnita" not shown by the Public =&0�- 5 to be paid in T)w- yea and subsequent years. t&xeS;Wd/j)T 455cssmeajs rapired to be PLid in T)w yea 6, G 0"41 or 5P rip tha shores a=d bott ian ancl littOral "ghts" 7 This con"tMent/po"CY does not ingure filled-.im-IUMAS, tidmlamdg, landa cqxprla��oms, OC navlgahle waters and lands beYOmd the harbor or bulkhead linea as e0tablizhed by govex1mOntal aUthQritY- 04TFQW43M Q"Wh;WW" 561 567 6621 SLA czr,) cc')l 99/ P.04 s ft �6ecaarity Title of Indian RiVar, Inc. 3710 211th Straet I "Vero Beach, Florida 32960 Fathryn L. Glean . Parcel Ip Number: Grantee NI TIN: Graneee 02 TIN: CORREC VE Warran-y a ed This bidenture, Made this I a'!, day yr _yy) 1AeJ&, 2001 A.n. , Between Univeraal LifQ Church, Roae Romano, individually and as TruotPNa Slot. or , grantar, and or the icoallly or r Maris Simmons, a single woman and Peter G. SabOnJOhn, as :Trustee for Universal Life Church whose aJdrce, is! or she County or Iridian Rlvor , Slate nr Florida , grantee. Witnessetil shat ulo GRANTOR. Inr and in considcranvn of lllc Kula of ppt_t_A RS, -TEN DOLLARS ($10)------------------------ -------- ____- -- and ether good and ------------------------ .steeple coilsideranna Iv GRANTOR in Bond raid by GRANTM? , Ills _ipt wlre yr is herct:.y acknowiedged, Slat granted, bargained and sold to IIIc said CAANTliC ami GRA.NTFUS heirs, successuTs and assigns forever. the following descli.bed land, situoee, lying and being in the County ar INDIAN RIVER Seale n€ Florida to wir: See attached Schedule t1ArI THIS CORRECTIVE WARRANTY DEM IS BEING RECORDED TO AMEND THE LEGAL DESCRIPTION ON THAT WARRANTY DEED DATED 08101/00 AND RECORDED IN OFFICIAL RECORDS BOOK 1353, PAGE 03341 PUBLIC RECORDS OF INDIAN RIVt'R COUNTY, FLORIDA. u p(ll llic grelilor does llerol]y folly w1l"anl llle /IIIc to "Id land, and will defend lite sante againsl law01 Clalals or all pCr5nra wilurmoever, In witness Whereof, lite grantor h.s SO Iles Hand mid Seal IIIc day pod year 71(51 nboVe Written. Signed, sealed and delivered In our presence: i .tea t' +v2� tt7i''1•: (Scai) L fe Churc I Rose Romano, F intecl Names Lorex r ctC _ it43cN i<i Iln.i erpal individually and aO truatn® Witneag P.O. Address: Printed Names j��Ix,a. Witness STATE OF Florida COUNTY CSP rn� c' The ro,egving 1115[Mnent was aCknaWlcdgcd bcforc UIe lid. `a. day or *41'1tIVl..c_v:r� , 2001 by Rome Romano, indiviciclallY and as Trustee for Universal Life Church the is personally known to me or -INC lras pnxluccd 1,C, Florida cdrIvex I r+ licaanae os hlcn1lflealiv n, Printed N g wywmv, Notary Plxh Harr+ My colmlix3r.n E.p a4aoo-alloagrr' res tr,,.r,swwtAoa..�ar�. 40 C-1 40 SCHEDULE "A" - '- ALL OF -GOVERNMENT LOT 1, SECTION jj, TOWNSHIP 33 SOUTH, RANGE.,419-EAST,,,AND.'- THE SOUTH 213 OF PART OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP '33"SOUIH RANGE 40 EAST, LYING sOUTH OF THE NORTH 986.96 FEET OF SAID GOVERNMENT' LOT 1, AND LYING WEST OF STATE ROAD AIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- FROM THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, RUM SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, A.OISIANCE OF 1099,16 FEET' TO THE POINT OF BEGINNING: THENCE CONTINUE 'SOUTH ALONG SAID WEST LINE A DISTANCE OF 224.25 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE: WITH AN INTERIOR ANGLE OF 89'28'37", RUN CAST ALONG THE SOUTH LINE OF SAID GovERNmcNr LOT I A DISTANCE OF 1677.21 FEET To THE wEsr RIGHT OF WAY OF STATE ROAD AIA: THENCE WITH AN INTERIOR ANGLE OF 75'20'00", RUN NORTHWESTERLY ALONG THE WEST RIGHT OF WAY OF STATE ROAD AIA A DISTANCE OF 233.89 FEET- THENCE WITH AN INTERIOR ANGLE 'OF 104'43'44", RUN WEST A DISTANCE OF f615.94 FEET To THE POINT OF BEGINNING ON THE WEST LINE OF SAID GovERNmcNr LOT 1. LESS AND EXCEPT the north 400 feet of the South 624.25 feet of 'the east 272.25 feet of Government Lot 1, Section 33, Township 33S, Range -,40E, said land lying and being in Indian River County, Florida. • 40 AFFI DAVIT STATE OF FLORIDA. COUNTY OF INDIAN RIVER BEFORE ME, the undersigned Notary Public, personally appeared the following Trustees of the Universal Life Church: Rose Romano Peter Sabonjohn and the Church's pastor, Peter Sabonjohn, who having been first duly sworn, depose and says that: That Peter Sabonjohn is the current pastor of the Universal Life Church. 2. The following are current Trustees of the Universal Life Church: Rose Romano, Peter Sabonjohn 3. The rules and procedures of the Universal Life Church relating to the conveyance of real property owned by the Church provide that the Trustee has full power and authority to sign any and all documents with regard to conveying real property described in Exhibit "A" attached hereto and made a part hereof by reference. 4. All rules relating to the conveyance of Church property have been complied with. 5. The original Trustees at the time the Church acquired the real property herein described by virtue of a Warranty Deed recorded in Official Records Book 1254, Page 1429, Public Records of Indian River County, Florida were: Rose Romano 6. Affiant further certified that Affiant read or heard read the full facts of this Affidavit and understands its contents, Affiant further states he/she is farniIiary with the nature of a(i oath and the penalties as provided by the Laws of the State of Florida for falsely swearing to statements made herein are true in substance and fact to the best of his/her knowledge. FURTHER, AFFIANT SAYETH NAUGHT w Peter Sabonjohn, as Pastor and Trustee �701v Rose Romana, Trustee CI Ob 40 This Instrument Prepared By: • 206 &reef ►fireA1lCh. fliddo,32960 WARRANTY DEED �V THIS INDENTURE, made this _L day of between Simmons, of moIndian sRiver woman Peter in the State of 1 grantor, and Indian River County, a Political Sub i March -A.D. Rakka,2001 whose post office address is , rior-Lac grantee, *of the Univeral Life Church (Wherever used herein thea terms "grantor" and "grantee" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor" and "grantee" are used for singular and plural, as the context requires and the use of any gender shall include all genders.) WITNESSETii. That the said grantor, for and in consideration of the sum of 'fen Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's successors and assigns forever, the following described land situate, lying and being in Indian River County, Florida, to --wit: See Exhibit "A" attached hereto and by this reference made a part hereof. By acceptance of this warranty deed, grantee herein hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in that certain Grant Award Agreement recorded in official Record Book Page Public Records of County, Florida. These covenants and restrictions shall run with the Property herein described. If any of the covenants and restrictions of the Grant Award Agreement are violated by the grantee or by some third party with the knowledge of the grantee, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with the Grant Award Agreement without further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. Property Appraiser's Parcel identification Number: This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. This property is not the homestead property of the grantor, nor contiguous to homestead property, as such homestead is defined under Florida law. AND the said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. **33--33-40-00000-0010-00001.0 34-33-40-00000-0010-00005.0 33-33-40-00000-0010-00002.0 34-33-40-00000-0010-00006.0 • 40 i IN WI'T'NESS WHEREOF" the grantor has hereunto set grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in the pr nce of: ( I URE FIRST ir72TNESS) (PRINTED TYPED OR STAMPED NAkJE 0 FIRST WITNESS) SECOND WITNESS) (PRIM NAME STATE OF Florida OR STAMPED WITNESS) COUNTY OF Indian River ( SIGNATURE OF GRANTOR) Marie Simmons (PRINTED, TYPED OR STAMPED NAME OF GRANTOR) W Peter G. Sabonjohn, individually and as (PRINTED, TYPED OR STAMPED ADDRESS OF GRANTOR) Trustee of the Univeral Life Church The foregoing instrument was acknowledged before me this �[S'— day of March , 2000, by Marie Simmons , who is pea:sonal.ty--ktr'own to me or who has produced a driver's 1' nse issued within the past 5 yed"rs as i6ent-ifi.cation. - - ( orf F!SO 120Q3n8 owrr �.U. PUBLIC) (PRINTED', TYPED OR STAMPED NAME OF NOTARY PUBLIC) Commission No My Commission Expires: State of Florida County of Indian River The foregoing instrument was acknowledged before me this !L day of March Z00I by Peder G. Sabonjohn, individually and as r stee of the Universal Life Church, who is personall known to me or who p du rT d as identification. nor i' FERRY C. LANE JR. w&r o MYCWM Exp. 3J•WQ03 �. r rueuc3* No. CC 799048 OTA PUBLIC E I p. @F Y Yawn I ] omar ", 40 40 M SCHEDULE "A" ;ALL', OF' GOVERNMENT LOT `1," SECTION 33 TOWNSHIP 33 SOUTH, •RlAI�IGC 4O . I;45r, SAND THE SOUTH :2/3 OF' PART' OF GOVERNMENT LOT 1, SECTION -34, TOWNSHIP`33 SOUTH RANGE 40 EAST. LYING SOUTH OF THE NORTH 996.95 FEET OF SAID GOVERNMENT LOT- 1, AND LYING WEST OF STATE ROAD AIA, SAIL) PROPERTY DEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID GOVERNMENT LOT I, RUM SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, A .DISTANCE OF 1099.16 r ET' TO' THE POINT OF BEGINNING: THENCE CONTINUE 'SOUTH ALONG - SAID WEST LINE A DISTANCE OF 2.24.25 FEEF TO THE SOUTHWEST CORNER OF SPUD GOVERNMENT LOT 1; THENCE WITH AN INTERIOR ANGLE OF 89'213'37`; RUN EAST ALONG THE SOUTH UNE OF SAID GOVERNMENT LOT I A DISTANCE OF 1677.21 FEET TO THE WEST RIGHT OF WAY OF STATE ROAD AIA: TFIENCE WITH AN INTERIOR ANGLE OF 75'20'00'; RUN NORTHWESTERLY ALONG THE WEST RIGHT OF WAY OF STATEROAD AIA A DISTANCE OF 233.89 FEET, THENCE WITH AN INTERIOR ANGLE' OF 104'4344'; RUN WEST A DISTANCE OF 1615.94 FELT TO THE PO1NT OF GEGINNING ON THE WEST LINE OF SAID GOVERNMENT LOT 1. LiESS AND EXGEPx the north. 400 feet of the south 624.25. feet;. of the .east-- ' 1''272.25 feet of Government I;ot�1,.Section 33; Township said• land lying .,anal: being in Indian ]liver County, Florida. . C� 40 ENVZRUNMENTAL AFFIDAVIT STATE OF FLORIDA COUNTY OF Indian River_ BEFORE ME, the undersigned authority personally appeared Marie Simmons and _Peter G. Sabonjohn, Trustee of the jjniveral who being by me first duly sworn, deposes and states: 1. That Seller is the sole owner in fee simple and now in possession of the followingg described property together with improvements located thereon located in Indian liiver County, Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter "the Property") 2. That Seller is this day Ithe "Closing Date") conveying the Property to _Indian Eiger Gountv�a Political SubcNiviBiqlL of the State of Florida hereinafter referred to as the "Purchaser". 3. For purposes of this Affidavit the term "Environmental Law" shall mean any and all federal, state and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of Hazardous Materials (as hereinafter defined) into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the handling of such Hazardous Materials, For purposes of this Affidavit the term "Hazardous Materials" shall mean any contaminant, chemical, waste, irritant-, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, poly -chlorinated biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind, or any other substance which is regulated by any Environmental Law. 4. As of the Closing Date, Seller warrants and represents to Purchaser, its successors and assigns that: (i) Seller has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to the best- of Seller's knowledge. no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the Property. (ii) To the best of Seller's knowledge, there does not exist on the Property any condition or circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under Environmental Laws on the part of Seller or a subsequent owner of all or any portion of the Property or which would subject Seller or a subsequent owner of all or any portion of the Property to liability, penalties, damages or injunctive relief. (iii) To the best of Seller's knowledge, no underground treatment, buried, partially buried or above ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been located on the Property- (iv1 Seller, and to the best of Seller's knowledge, any other person or entity that has owned, occupied or possessed the Property, has never violated, and is presently in compliance with, all Environmental Laws applicable to the Property. (v) No warning notice, notice of violation, administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal, state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law. (vi) Seller is not subject to any judgmeric, decree, order or citation related to or arising out of Envi. roamen ta 1 Laws, and Seller has not been named or listecl as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law. C-1 40 12, That, if married and the spouse of the affiant sloes not join in the deed of conveyance, the property to be conveyed is not now, nor has it ever been, the homestead of the Seller within the meaning of Florida law and that the Seller resides at 13. There is no civil action pending which involves the property in any way. There is no action for dissolution of marriage or divorce pending. 14. There are no federal tax claims, liens or penalties assessed against the Seller either individually or in any other capacity. 15. No proceedings in bankruptcy have ever been brought by or against Seller, nor has an assignment for the benefit of creditors been made at anytime, nor is there now in effect any assignment of rents of the property or any part thereof. 16, The real estate taxes will be paid to the dare of closing pursuant to Section 196.295, Florida Statutes, 17. That Seller is not a "non-resident alien" for the purposes of [United States income taxation, nor is he a "foreign person" (as such term is defined in Section 1445 of the Internal Revenue Code of the United Stales and its related Income Tax Regulations); that his/her Social Security Numbers) (or F.E.1.D. Number)is/are that Seller understands that the certification made in this Paragraph may be disclosed to the Internal Revenue Service by the Purchaser; that any false statement contained in this Paragraph could be punished by fine, imprisonment, or both; and that the information contained in this Paragraph is true and correct and as provided under penalties of perjury. 18. Seller has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree) present on the property. There has been no production, placement, disposal, storage, release or discharge on or from the property of any hazardous substances, and there are no buried, partially buried; or above -ground tanks, storage vessels, drums or containers located on the property. Seller has received no warning notices, notices of violation, administrative complaints, judicial complaints or other formal or informal notices from any governmental agency alleging that conditions on the property are in violation of environmental laws, regulations, ordinances or rules. 19. This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the Purchaser and one original to be delivered to the title insurer. THIS AFFIDAVIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing Purchaser to close and the title insurer to insure the title to the property and to dis rs the proceeds of the sale. Seller intends for Purchaser and -the title insurer to relyn ese epresentations. r r, 50As 0er- e,' Am A* Marie Sj�tn�as Peter Sar »moo n, in "vs ua y and as Trustee itness of the Universal Life Church 2001 SWORN TO and subscribed befp a me this /STr day of _ _ MarcjL 2fhD by Marie Simmons and Peter G. , a�R&Jo1319 ,personal nown to me or who has produced as ident' ica on. LANE ix. otar Public anCm 3110.3 R,�fr,4rpMey (P inted, Typed or Stamped Name of i1 Prn�onrwo-n110meri$ Notary) Commission No My Commission Expiresc 40 40 SCHEDULE "Al' ; ALL:. v OF Gi3V RNMENT LOT I SEGT7aN 33, TOWNSHIP Crd SOUTH, TOWNSHIP' 3 �a�rx THE SOUTH 2f-3 OF* PART"OF GOVERNMENT LOT ?. RANGE 40 EAST, LYING NF SA SOUTH OF THA 1A, NORTH PROPERTY EEiEING986.96 FEET OF SMORE PARTICULARLY Y � � 1, AND LYINGHWESTCORNE MENT d?ESCRiDED AS FOLLOWS_ FROM THE NOGF SAID GOVERNMENT LOIT 1,OA p�STANCE OF 1, RUM SOUTH ALONG THE WEST LINE „ 1099 .16 FE DISTANCE ANCE C1FNT OF 224.25E ISI TO ENCE Cot 7 NE SOUTHWEST C RNER dOF SAID SA WEST LINE A GOVERNMENT [I THENCE SAIDHAN GO ANGLE AODISSTANCE OF577.1 FEET ALONG 77 -IC SCJqCE VVITH AN INTERIOR GLE TO THE WES-r IGHTPlOa1Z7�rYESrEf� TAALONG Dr1 fE ; TH R IG OF WAY OF TArE�R Ad OF 75'20'00",ANGLE:'OF 104-'4344", AIA A DISTANCE 3 .8 16E15.94 iCNCCET O I THE POINT ROF BEGINNING ON THE' WEST IOR RUN WEST A DISTANCE LINE OF SAID GOYERNmENr LOT I. LESS AND ',EXCEPT!;:,. the .north 400 feet of the South G24.25• fact of the east 272.Za feet of Gaverament'X�ot',.1., Section 33,E Township 33S,'ft�n�e;h©l;; said. land lying and: being in Iridian Auer Countyr Florida." 4 p r i I,I. i'1f1� `ihl rpt t '�:4.F � ary'r�wTkifJfJtOi.. rj+ r`!4, q •°I, � r�ff��3��}{ �Ir • l r n . i'. s dw r C> TITLE, POSSESSION & LIEN AFFIDAVIT STATE OF Florida COUNTY OF Indian Rimcr Marie Simmons and Peter Sabo , ('"Seller"1, being first duly sworn, deposes and says that Seller makes these representations to Florida Communities 'frust, a nonregulatory agency within the Department of Community Affairs and Indian River Countv, a yoUtical subdivision of the State of Florida ("Purchaser") and to e_curity Title of Indian River Inc ("title insurer") to induce Purchaser to purchase and title insurer to insure title to that certain property described below, and Seller further states: Seller is the sole owner in fee simple and now in possession of the real property together with the improvements located thereon (hereinafter the "property") described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 2. The property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for easements, restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Purchaser, 3. There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple interest to be insured, and the Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured. 4. Seller has undisputed possession of the property„ there is no other person or entity in possession or who has any possessory right in the property; and Seller knows of no defects in the property title. S. No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against- the property, and no material has been furnished to the property for which payment has not been paid in full. 6. Within the past 90 days there have been no improvements, alterations, or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid. 7. 'there are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities, or improvements made by any governmental authority. Should any bill be Found which relates to the period of Seller's possession, Seller will pay such bill upon demand, No notice has been received of any public hearing regarding future or pending zoning changes, or assessments Eor improvements by any governmental authority. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or adverse interests with respect to the property. if this is improved property that seller is the owner of, there are no claims, liens or security interests whatsoever of any kind or description against the furniture, fixtures, equipment and personal property located in the improvements on the property and sold as part of this transaction. All tangible personal property taxes are paid in full. 10. 'there are no existing contracts for sale affecting the property. 11. That, if married, Sellers have been continuously married during the entire time o= the oa,reership of the property, have ne�:er been divorced and have not entered iuneo any separation or property settlement agreement, 40 40 5. That Seller makes this Affidavit for the purpose of inducing Purchaser to purchase the Property, and Seller acknowledges that Purchaser will rely upon the 0 representations and warranties set forth in this Affidavit. FURTIiER AFFIANT SAYETIT NAUGHT. lY(arl[nOn5 .may Peter G. Sabonjohn SWORN TO and subscribed bao ,,jpe, this day of March kyy Marie Simmons & Peter G. {fin personally known to me or has produced as identification. *individually and as Trustee of the Universal. Life Church Notary Public i `lo PERRY C, L4r7r, JR. ( Printed Typed or—'Stamped Name of A e MYC-M eP.8114/29o3 Notary) +� PU®UC � NO. CC 799048 commission No.: tl Promyfy i4rirm tl ftff I.D. My Commission Expires: • SCHEDULE "A" RIJMENr fi3i, �, SECTION 33, TOWNSHIP 33 'SOUTH, RANGE 40 EAST;,, AND.., ALL OF' GOVT" THE SOUTH 2%3 OF' PART' OF GOVERNMENT Lal 1, SECTION OF AID G IIP '33 SOU7Fr,r� RANGE' 40 EAST, LYING SOUTH CO THE 1NORTH SAID PROPERTY BEING SMORE OPARTICU•L LY r 1, AND LYING WEST OF STATE ROAD A LOT DESCRIBED SAS OUTH ! AO LO THE WESTHLINEOOF SAIDT GOVERNMENT LOT 1 CORNER OF SAID GOVERNMENT. A .DIS ANCE OF f, RUM SO 1093. s FEET' ra NNC POINT F22p EFEEf f TO+ T1 E� SOUTHWESTUC RNER ALONG SAID WEST LINE A OIS THENCE OWZ25 AN INTERIOR ANGLE OF t3� 20'37'• RUN EAST GOVERNMENT Lar 1; ET ALONG TEST SOUTH ` NF OF SAID �ra7E RM'NT A JA- THENCE WITH AN INTERIOR1 ANGLE E TO T,5'20'00", . OF RUN NORTHWESTERLY zAGracc THE OR ,ArVSf�TCIRraR AN �� OF AY ��F �3'4�'� AIA A DISTANCE OF FEET. RUN WEST A alsrANeE OF r6r5.9rr• r-��; ra T1 -1E ParNT of IQEGINNING ON THE WEST LINE OF SAID GOVERNMENT LCAT I. • Apr.. TRESS ANT? EXCEPT-,- the .north 900 fact of the South 624.25 feet of the east ; � ,'t�k':��,a���E 272.25 feet of Government I:ot'..1, Section 33; Township 33S, Range ,9t}E; "y " gar�eb}"5 ;" said. land lyi�sg ,and: being in Indian River County, Florida: " t sr �,�j � k h k ilry �. l�yir't+�jlgy�Fi't ,�++f"�6r 11 �Y ` t ii iiFlKl �e ,�E�rp� 3 y,, I ' u i 46 •m I r March 09, 2001 Security Title of Indian River 3710 20th Street Vero Beach FL 32960 Attn: Perry Lane INVOICE 01304-1 AServing Florida Since 1016 CARTER ASSOCIATES, INC. CONSU171NG CNUINLURS ANO LAND SURVLWORS 1708 2 15f STRMtT ViiliO ISL•'AC19, FLOR111A 32960.3472 FI IONU: 503-5162-41VI FAX: GS31.51[32..7181) CAI Project No.: 01-30' DESCRIPTION OF SERVICESFRENaERED Revisions to legal descripklons and survey to indicate less and except parcel per attorney including field and office time; research, meetings with Bruce parkett, Charles Hardee, etc. (Floridafffnity/Andre) For professional services renderers Total costs Total amount of this bill Balance due Please Include our invoice number on your remittance check. Thank you. Terms: 10 days not Imerest al 1.5% Per molm Payments received. after Ifie 1st of the monlh will be sFoo•wn as a credit on lha following month's IIWOICe. Amount $600.00 $0.00 $600.00 $600.00 1 1. A. �Il ° Terms: 10 days not Imerest al 1.5% Per molm Payments received. after Ifie 1st of the monlh will be sFoo•wn as a credit on lha following month's IIWOICe. 4a • FOCA/LEGAL PAGE 02o2 03/15/2001 ili 850-922-2679 05-2b79 rrt+_ OS EFaal Z I.ALML,L. � z�I 5'213 P. .t13 A, aattlrmirnt Statement ,.d WSe. WrsIYPwY 4 TYIc AI %."n _ I � sryA 2 �f imHA f. [' C73T Ilr:r II+N+rwp LHA Hamner abnglAA IMa'elKc G NumWl ,P]i e O Va S- [] C44"01 C. NOT€:Tilts Salm Is Ia+N41+4d k yn yuR t 45rter ,l Y s4:+Rr 304.9"t 5011 Rmcu-76 pw to ]nd or Ins g111sMOV 1.70.5f We 571PYm. Items lr—WFar. vrut lsv Mud&at daY6y,17q ore"—h—IN wrq­ltifPd Rv'FIIPer aM us nat,s4644: n'ha 1,403. 0 104A AIIW A 0790S Or a9RROWER INDIAN RIVER COUNTY FP,QRIVA COMMVNITlES Fi7UST doyarr7vnlyalrsbpn. WPFLYerllOWN IILdSAuR7fma4mBt-ATv"n]4sM,F47l537 E `IQAC AMU ACORES$ Gr SELLER LAVOA ANDRE 7I1AWfryNcnAwnuP, OdafIPKA ,FL]Illd F AA1x Ar7O AOORESSOF LEIIOEN• G PAv?GfITl Luta Tom. jYTes! a{A-I•Al R '.. CI.rTCP'Pny LOOATIOM V.MIIPPFA,FL32ISl N 95" A4E47 AOEI.T: stEPh'EN S APA rMSOA4 PA "CE OF GETTLENEHT: SIPFPVAAW-1 d, 30021l, I'Alm UWA 4191d'wS FA WWI I'm dr.62wn I. SETT{.FM EPri OA -e: aYT&7"r RESCISSION OATZ' g�4R".iuV ER: a...... Rt ALI.o JrYT COVE TO SELLV; Sl]2. SA2 if 1'ILS. CASH Ai .^.E1 TLF�F'NT FgOM?]$W{egpWtR Sao. WIHATSETTLEMEW TOOFROM 5EL4eR WI G"ne ar Wnl due hr,+ Owe-af?Ir+S'i41 IYov, 7Fa. PO 447 Grnr unwM QVP 7a Yedkt (Ane.24I Ifaa, RRQ, aE ]u: 4,4—A A vera ayr..W Lermwr {Aro 21d1 ]roo as 452 Lae. n&0I.ra In Y,.t do. e.Yar III. SZO; SI)t, paP, Se 3u7 CASH OeAO 1 sE.0 16" CASH TO1=fl'.L4P SAY+.ars"ic HUD -1 13-46)-REBPA, H6 41051 PAGE YIS 14]. SPAY 4'i CI+Y11f KYP AWlWHI: fly+ -+w iM IMG1 _ ]SPa. ad _ •1� YOS,�— I FOR ITEMS PAJO tyY SELL�ia,H aW�7CNC@ AWAJETIA_NTS FOR 17LY5 PAIO$Y SELLFfI IN AWVAHCE: AW]IISTMEI:TS 144 CT-e-IPh1 b eqA Gry,+e•a*r.,.Y '�° lefCr w raves - Ym WT.0 rlr T+••+ m dca ra] qa. 1 rra .Id Yn +r .R. 12d C4O5`,+t1.oun, vtJE FIto- Bogncv F.A 1401-Jta.. Pa 420 rSR455AMOJrPTOUE TOSELLER lY Fdr Pad.4a 2W0 AMOt.IITS PAID OY O9 Rl 9EHALF OK aUR ROWER' SOe. Fretw CTIOWS H Amotiny Wl3C TO 534aER 14,. E.a..a arpats Ire inrin+,a�tY as r B.Fsea e, Y.'r+a erc.an 777 an.e.Yl YmeY `Idh.+rnWv _ rsl. S.rtroMer YJww+a re.Ya-rll+. fA�, S1I.T. RIP. Yi_ sr1 f,•r+�r¢Iv�.al ral.r a.e.ra SQ1. Ee�.1.41e4+1.91a e.S oue�enw �9Y - 4dt. !.Pett NArtl maQr.a kss Sdrl [MTtua r' 4PAr1J J7a,171. 1F 4]i. - Sal. PeNltl Yrce+a monolow wn ea4 3rF .ai CY Sion TaynCnt ]545 atl IPEyFFlen parPnnc S7]tl, 44 ire .oY. I xsi eo4. A0JUS1I.rEUT5 FOR ITEUSUNFAIO$Y SELL;R A}.IUSTVEN"S FOR ITEMS WMAIW 6Y SELLER - 711.CaJl"�/Iu.Y Ir X11, Ii 4egtr4ua' le � 112 A.Sn.marla Iq 512 PY g�4R".iuV ER: a...... Rt ALI.o JrYT COVE TO SELLV; Sl]2. SA2 if 1'ILS. CASH Ai .^.E1 TLF�F'NT FgOM?]$W{egpWtR Sao. WIHATSETTLEMEW TOOFROM 5EL4eR WI G"ne ar Wnl due hr,+ Owe-af?Ir+S'i41 IYov, 7Fa. PO 447 Grnr unwM QVP 7a Yedkt (Ane.24I Ifaa, RRQ, aE ]u: 4,4—A A vera ayr..W Lermwr {Aro 21d1 ]roo as 452 Lae. n&0I.ra In Y,.t do. e.Yar III. SZO; SI)t, paP, Se 3u7 CASH OeAO 1 sE.0 16" CASH TO1=fl'.L4P SAY+.ars"ic HUD -1 13-46)-REBPA, H6 41051 PAGE do 40 MtI51201 11.47 858-922-2679 FLGAILEGAL PAGE 03 rN-EW-: S-41911. ib 1`S '.4L.61N= tfU,1i '� ±}�YJWtiL 9'al �Sr 5211 N.Wi F9S L. - SETTLEMENT CHARM wu vLfl l+MEHT.REC OITIGi1-0 .w. �tik...,.r••-.. as ala.ar ..,..�. ae r.e ..,..... ..., ,,. ___ ._ .W. az.rea as rsQ.acr Ia .Mala it as ra ao aYtls,.Qa. re M rc a'WnYur.s.^n...n. MJ".F.t S�'I�YY,.N SrYlaxe.n YN a IN NI'I d we r•Q^'�•aaw fN I.f r h la ax.utl w.d •te.+YY YYI.Y w •r1 M RI'r:<.IAIi Vr V tl.pdreC mu.Ytl nun -am. ackaAl r'cr (.. •. t�lY fny..t�..q Ilrenn xwlY,lrl'In�r.eRMYwpr.r ra Y^I.p.l }wrr,�Ir 71.'1.1..1 W'+ Iwl W RfVy�R C411NTT IJi VHA ANORE _u. F[ DA C04MAUM1 S Y. U5Y P±e �V : t. f n9 79iH mree ..n.elt 4.ar Y••r•!.d'1 Y 1y pcurYY.r.e.Y1 �rH.11..YacYµ : ey el ray y „V, clues lnef,.>:. Itl Id dl5a..a.o n SxwQYi.tla fin' TYwlRIdI API�i 6TEFYrEn1 S.:klr }'Hl5tlra �� •IFA(tYIIY/G: ww • erwie re..ryroM mAM rrn.lr,.W a a M. 1fYYy Sir. M91nlr.nJr tarn rr MH GYx [I.FeC'cn k.• i... +�Y'•Y it ergs+f Y�Tey tlul C. •�m�re v Mer ufal ana WnOncprv. n:a-x,-7Nl 7JBtB; 'DTOL P.21- mu .9' NOD 0 A. 8eff en,erlt 5tatuntcrtrt u.a. u�{�nrJr,ro.,l nr I<nualnrl� nuel LLaan Unvolanrnnnl DiAd IJa. .2002.0209 F3, Typs a, Loan _ r, FHA 2. ©FI71fiA 3, em1v. Unlna F`Ile C-0Wmt,a1 i_nnn f:Iunrl,ar rMorlsoar�rr Inswarize Case-fj, m'tier 1� 3932 A. OVA 5. o Cony.lna. _^ _ C. h10TE:Tit1s farm In {uml�hsd 1n 111 -you a alnlernanl -1, ocfuol aeillemarhf assts. Arnnnnls pall 1a end L,y the aeille meal ogonl are shown. II ttu nrn k 1 1. o t EreiU nI l 1 r f 0 i11;IFt rya I r P trl f r InF rnt 211 1 p,rrP Irl ] na ! Ir ftl !a I Irl III [Mals tl, r1fA141i: Ai FI i�AL�bJif Ltf-'E3C R1traVJ1. f"t 1tJI71R tV f3lVClf CCIfIrJ1 v . -. I rN71r1.,i r t)AIA JNf7ff'!� r r, rverr}l 1,0117 to +7ny,r7nr]r,rr r,i rJ 7 r. V-, l+' -,.tr, I' ":1r a af,1 .)ah 1pv 1, P"nlli{r ,tr tltl r [U rm Alll, nnIIFCF F, F_-1_1_ LF IN. rAIMA nrenrtt 220 n ,nf, 7rrirr as ,+a r•, 13:,1111 ri, : •rr , rL 3.74nd 43. I'[W 1-111 Y - f rf - 1-4 (LVc f ... l4 F A) 1{rmfw 611y Lnrurry - 1,C5CA110N Vs, rf A-0,, FL 7,2905 M9'-3eryti A•FA 7'7IJs 7J r A0rl ;,1.!111d5S1- '1.SET-1 LGMCN'1"DATFd 0311&7001 Itf."tt:1` ;Ir.1rd [".Ilei l: .) SUMMARY []F �DRRf7V4lER S A 111'1N 11L ileac IS SUMMARY Or LLLLfI TRA 9A(7 LIIJfJ Y� UO L.11GF AM LIf4 UVfr,V.R"G7 ImRJi CJi yh-14: 7w_0 rRr] uAMs IJpIT U111-,' fo aELLEFZ: 7.7-5_711Z7�7 40. 102, P r■m II I fy 111 .f rr_ II 1. Illy -- -_ - __ __ 104. _ ..__- _ mi. _ AL5,ILISifaN 11[F �Lfr li Lh151 AI[]11r ::I'! t Fel Ir l A1]VA1 W. 1=AN 1.1 MI I fx-i l rs I rlrr I I I PSIS PAIL) 13Y MAZ f- 0111 ADVArlr_]L wkgc IJyrIulU[i,pr}yra ___ Ire'_.__"_.-.-. _— _ 4nS-,'�Ily+la'.•fli rnkriM1 _ ___. - Ir' -1 407. Cdallly u1{j . pf(�la{rin _ Ir'i_ - Il7f Aa,lnhsrl ill,' _r'1 109. 410. 1i4- rrl I Zo. C=11055 Afvin Llrl lDUC FR1]hl BGI11if_lh/y1r_1t: 474 dF, 6o, e, rr ,111] Li111J .Pi A1a9Ullr]E 001: 111 FIT,1 I.1' ---P{ -1400 Cleo r+U liti'rAtvvinUlJ lu PAID rr';,elRkllf I35.1�PI:F f�� 00mrjowm snp,.rtLw'Uc rluld5 IN AAhuu)dT n�lr_ I (I 201 n�no201 sono ll [[ oy 501, ra, r r :N.(7_ _'--- --- -- $6� p inch 11 I hlr ur IW b111�} 1h�l�b t t1 rY in r {lh zJriu) _ _ fix: tl t i' ........ r 203 pinlf V l5tnl Ir 91. - fi eY Lri'f°- tsil fav nlrlll-r om lank NIJI c - __—. -. ,,IJ5. 1'uy rI1 d r,nl any. ao2 ny,fi;r, t•.5y ao„t 7rtw.ro aul c11 LL 4 ,xr. rut,. rJU i _ _ — - A{7JU9TMEhlTS FOR ITEMS UIJPAPI3 f1Y SELLER: Arl.rll°: I'.11 -.l1 IS Irr31i 111=. M.S UNPAID By 6ELLi; Ii: 2r0.CIIY+1 wnl q 11fGlu 1'11 1•• _ -_ __ Lrly, N -I., 1, .11Y6df6I]I w i„ 512. Aos rrc,n r, Ma lu 219. , .21 ".Ifs. -----'-'-------'--- - _--- 51[} 220 1'0 1AI PAI0 I'!]'11 -0R ,:1 Url ttf, 'l] IfJ1A1 fI 111 if IIC3li i ii i12, ]14 59 601i R[SW ER: 111 Ar.11 [r J:11 11111 r _r 2II- LI.f FI r 9F. a f311gRI4t5 - _. dom cA 4311 A'I,m IIIPMEFII 111111 ° 14[71pj F7E;11.1"11. p� A®1fi A7� .TTI_C! C.r7"I�f Ii L,Srl1[T=' Wf-. ri: _ 301. OF— aanounl dud Ifuux iSnlroS/L+t nrllla 122'2 '1_4 vu,Ai,P�n. e�sti GfiUts')I CL3 vs.+urlucNan1ll41 In,Rhm, t, -dFle' r9 fl�h•Uloll-120) 2{0{En) rJ tial}) . Aa 3.3 J j"-".- 3 Y�..r.5ld9 - &Rcm) ( IGj flORROWER' Gaels, 4G0. an Snl. C:A:iI1 1 11-1101,1) [ `Wff-f) SF LL Efl: .^-11-1", .11 I IUD -1 (3-86) - RESPA, 1 -IB 43U5,2 PAGE 1 40 40 I+LMy�I lRar. 9+66! [YMFl Ila. ]511}.[yjag rgETTL.EMENT C11ES 711LY. TOTAL 8ALL=5113R0K.P-R'a UOMMISSION I -AID FROM PAID FROM QM1GEQ OH QRICF 94QQr QOQ. vO yy 'r�= BORROWER'S SF_LLER'S FUIJI35 rUNUS 131VISIO14 OF LIOMMIS6ION (LINE 70P) AS FOL!, OV1f5: .___._.._ .._.__.. AT AT ..:.:. ..-__._ ._.-....--_.._ �E"O MEMEAJT 35 t-TLEMENT `Itl3 C r 1+111%sr3n p' li) elmeltl vneul .. - - ... - 704 O a¢i, Lrran - .. .. 002 l aee r[I•o smI if. -- Pll•. c1edll rnpu, to � �•••' 810 soa .5, ,I�U„.r.ar•1,ce wr rren m rr,o 3 M Ipape a lrn ,ham rar a Im �.�.�. .-� ., ��,. p+arpl f Y.•. so -.�.-- gnM1. F1,­1lnsr.isa _a nroial��ra [oi __ Yi•ra __.--_--_r- _ .. Ali °_mVMffrr= =rm: 7 rni '1W7; llaxrnl lnaurencn xN1e® per manta , 1VP7. yi.alpa v^I,.auia ncn ue11�• UPor nionlh ._. ._-.—.— '1(x1U: CIlY nr.pg�7y la,.aa _._-__ a1V1R iJ.. . par nian.i Iuu:y. [vena' mavnnr u. .. w,us W - -- nbn0in wr Lannel ,, f9 .. lt. A-. a=rin plrf rlra m . rla !.colon on61s� Ionavo nar mPnlll _ - i] L ntl,s Sll __.. nar rnprllll .� tow _ f,qu w3- t. tlLSgn hi L3.I q J'ri-6,7. Ad 'r T1 n"I aNnoenl o' 11- lop ree C. GCnlRndu fr. r16 GhA agar, Ph - - 02f O, [tri the -I —Uiie-, _clideldo..:7•teln I.... u -_—____-__FJFac_r0., ntl _1_1 _U..Fl_ 11-n rnmrepr r a. lNldsn Qv 11[nt'lrla [na Llrt•Jer.ln - - 1 ills IYa:urr, 1 p+apa IJur, Ie irha. I,ulary ran•{a /.0 greSI F'ns tl:-Cra3 J./inti. LlelaRor tlL• .1 _ 79Un..Qa , 1na rl ,r.s•. r... r.. FR ph.... cn,,.rn,- rn lr«re-7..r rmy.e.dnl rri.o r_W.rts.,�.1 �rrr,�tln. an pr.c.l,me. avn_a ua���e Ironn�r'u: L -- - Irwl; al rrael,Ja�1,, +lna, rare Ir•n�a,r:6w _ er Lyre Yti gz, Qr+J. nn _-_..-_.__.-.�..r�.�_� - ..rte...���..�........-.....-....-.._��� 5 L aei I 1 tiv. nar rnr e... 02 nJ_5. 11 r] {.. .. r4atln�pUQ. Qr) 1 1111. CrR tdet•/Fx.[, rnaa Frena _ g):T�_on 1200. M I' PW. Racre--';. u_rv_ea;, •• Uenq- X25. dO ;M0110.0a 11. _.--�,� 1: FirolaaYw/ 9 Q -gyp zs.,5aa �Otl -- lUl CIIYIcuvuty ra=1,tan�pa' aeJ ..eitU•Ue �_� — ,r)3,l;latelnrl •nrl, 1:' - ;:... .. Is reel $2, tloQ tln; MpnB6Ua _� 91 ,. EiGfl. Uq '.UM1. F-.-G-at A ;{ A•)t nar1L _--�-- 1 raU2 F'rzt rnapei l! el to _ .A. rrr�i®n tuvnn fGeyr=:;;renrcnliruuur-Laii2q 'L'wxts - - —_- �14�13�'lQ(l, 92 Y:1trh. Lrrcrdau Jil-1 Vt-Y 71. ��1IauL'aa;-7/7-3f1�/fr1 $9. P3F.A9 14041 TP1 Al ale lT lCMRiii CI1A1i L7�fl __ _ 9AFu. urr �hsxraua. if 1 hnyb m.fnlry -1-1 1 Ih. 11UD-1 Salllumunl 191.1......1 ..11a 111. h.61 M nay h..w1.0g. luid hAM, It 1. u Rua and.eu/ Ml. e1111u1nu 11.1 �f4 rqu.lpin 0.111 WPeMnraunral,la .redo -� on my ­-.1nr fay nu: 6, 1111• it ­- 601uI1. { Nxll,ur ­Pqfy 11 rel 111 r¢unlvud . grapy rel It.. 11U1s- 15u70mnn1 slul¢n+an1. t lNAInN RIVER COUN7-Y t -AUR ANDRL. sans .r 8¢110.0.,: ane•: AQnnh --. - Dill— 1FLdfZfdA COMMUNITIES TRUST Thn I JUD •1 aaltlelnrnll WatarYmnl Y&I.Is I bora pmp6rad Ia u 1.ru la and ncrl..n[rr nr:uuuul n111ga Iluuaupli+lb, 1 hnan rn¢aurl .r nlll . 9 Mntle lu Lu Mend In upcno darltna wllly rlda eluler,rblrl. 5a116a1nnnl 1111¢1111 STFPI:IEN S. -All.. aN WARNJF74: a le a wlgm ru An.rNnQly Inuku hdpa alalanYnnl¢ [. fE1u W[111ar3 51nwu un Nl1e la .by nRmr eanll:n fmnl, p'0. tuivae upas nnnrlellua Dory Juahnlu r• flrte ynd Ir, rpllobn. nmRl. For dalolis B.b: TlIo 15 0.9. Carlo Ceelluu t0l pad 5.0,0 WIEN CI i 0 Ma,r-.-15-01 03:46P mat.hison A Mathison ' 1 .L AMERICAN LAND TITLE 455()('1AT10N (*OUA417'MENT - 1966 CHICAG,0 TITLE INSURANCE' COMPANY CQMMITMENT FOR TITLE INSURANCE (111CAW T1TIX INSURAWE COMPANY. ee earporulion of Missouri, herein eslled 1110 Campatsy, for a valuable consideration, hereby commits I& Isiue its policy or policies of title insurance, as identi6td in Schedule A, in favor of the proposed l++tureJ named in Schedule A. m owner or mortgagee of the estate or inletetil e;evmd lrc,ecby in 1110 Ionil Jcst:ribed or rcferrud to in Sch0tkic A. open payment of the Kalw+it'" and eh;lrpcz lht:refur: +411 subiccl to the provisions of Schedules A and Band to the Conditions and Slipulatiaas hereof. w Thi, f'e,imoi;;ncnl chK11 be cffcClivc only vihcn the 'identity of the proposed Insured and the amatmt of lire Ix+liay t+r Ix+,llcics t:tnnm'illud fur have been imcned in Schedule A hereof by the Company, either at the Writ; of the isstum" of rh15 C'ommilment Or by cahssquenl elldbrmnerlt. This Commilment is preliminary to the ik%ua++ce t1I such 1%01icy or wlieies of litle instlrltnce and all liabilily and'nl+ligalimrc Sralcuudor shall uc.m: *ml tcrini0tc Sias neunihs after the effective date hereof or when the policy or policies committed for shall k4e7wlrkhever first ecce,", provided that the failure to issue such policy or 11011cie% is n++t lou fau11 of 'he Company. ~ IN Wl IN ImSS 4V FlF.kCt3Fr, t'I+ic:iegu Title Tnvurnncc Company has caused this Commitment to lie signed and sealed as tet It+e elrrclive (lute of Cumrnilmcnt shown in Schedule A, the Commit+llelst to becumv. valid When c+,unk:r�:ighe.li by an aulhorized signlory. Issued by CHICAGO TITLE INSUKA NCL UoMPANY S,t'El�r-1'~r�T S, rv2Aa}llsr�rr, P.A. no POA BOULEVARD BY: PALM11 BRACH PALM ETf'sAL'H GARf)kiNS, F1. 11418-383 tusw $ President #Zy: ow tierretwr,y P.07 4G% P. 07 C: I—> 0 P.02 Mar -15-01 03.451P Math i son & Nlath i son 1 - 30000B115 A.L,T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCREDULE A Office File Number Sffcclive Dole Coitnnitinelti Plumber 3932 Decxtnttcr 14, 2800 at 8:00 AM 1. Policy or Policies to be issued: OWNSR`S POLICY (19-17-92) with Florida NlodlficatlDtls $3fi7,o40.(It3 Proposed insured: Florida Communities Trust, a Non -Rep Agency Depalimenl of Community Affairs, and Indian River County, a Florlda Polllical Subdivision 2. The cstatc of in(crest in the land dcscribed or rererrcd to in dlis Commitment and etroered flercirl is a Fee Simple, and littc titerelo is at Ute efrective dale hareof vesical in: Lain;) II. Mdre 3, The Sand is described ns folI6W5: Portions of I{AN5AS CUY COLONY SUBDMSI0K Lnls 1. 2, 3 and 4. )yhig 1vcst ui Shit Road A -I -A.. according to the Plat, Urereof, recorded. iu P1aL Borik 4, Page 23. of dlt Public ltccor,is or St. Lucie County, rIurida-Sand Innds now lying and being in Indian Rivcr Count5,, riorida: lcss State Rend A -1-A rigid -of -Way. Note; This Commitment consists of irnsed pages labeled in Schedule A, Schedule 9-Seckion 1, and Schedule B•Section 2. 1hls Comrnitmont is of no forge and effect unless all schedules are inclkided. along with any Rldcr pages incorporated by reference In the insert pages. CI C� M mar— ].'5-01 03:45P math 3 scan & Mathison P.03 300008110 A.L.T.A. COMMITMEN'r-- CHICAGO TITLE INSUHANCE COMPANY SCHEDULE S - Section i Commltmtint Number The following are requirements to be compiled with: Instrument(s) necessary to create she estate or interest to be insured must be properly executed, delivered and duly filed for record. a.) Warranty Deed from Laura H. Andre to the Proposed Insured, conveying Me land described in Schedule A. NOTE; If the Grantors) is/are individuals and the property is homestead property, the spouses) of said Grarrtcr(s) muss )oln In the execution Of the Deed. It not homestead, than a statement to that effect must be reflected on the Deed. Payment o$ the full consideration to, or for the account of, the grantors or mortgagors. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. Satisfaction oFthe Mortgage from Laura H. Andre, a single person, to Southirusf Mortgage Corporation, recorded In Official Records Book 1233, Page 2582, of the Puhllc Records of Indian River County, Florida. NOTE: The original note securacl by the above described mortgage must be produced and cancelled. Satisfaction of the Mortgage from F�nura Andre, a single woman, to Home Savings of America, FS13, a Federal Savings Sank, recorded in Official Records Book 1243, Page 2576, of the Public Records of Indian Rlver County, Florida. NOTE: `The original note secured by the above described mortgage must be produced and cancelled. Proof of payment of taxes and assessments for the year 2ppu and prior years. Proof of payment of all pending or certified municipal and/or county charges or special assessments. Satisfactory evidence must be fumished showing that Florlda Communities Truer, a Nlln Hog Agency Department of Community Affairs, Is currently in good standing. DA,End Enc} of Schedule B - Section f Lis r • Mar -15-01 03_45P Ma,thiacM & Ma'tlliSOn P_04 3DdQDBti6 A.L.T.A. COMMITMEN'I-- CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number If. Schedule B of the policy or policies to be issued wilt contain exceptions to the following matters unless the same are disposed of lathe sallsfaction of the Company.. efecis, liens, +encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires 4�o Fpr value of record the estate or Interest or mortgage thereon covered bythis Commitment, 2. Standard Exceptions: 13. Rights or clalma of parties In possession not shown by the Public Records. at Encroachments, overlaps, boundary line disputes, or outer matters which would be disclosed by an accurate survey and Inspection of the premises. J� 7, Easements, or claims of easements, not shown by the Public Records. f �l1. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Taxes or special assessments which are not shewn as existing liens by the Public Records. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artlllcially exposed lands and lands accreted to such lands. 2-ov'2— g. Taxas end assessments for the year RKWand subsequent year, WJIL 2100- ' 10Q � J � j- '�Lt-t� 6t'e% tandard exceptions (b) and (c) may be romoved from the policy when a setistactary survey and surveyor s report and inspection of the premises is made. N►l Standard exceptions (aa) and (d) may be removed upon receipt of a satisfactory affidavit-inde!nnity from the party shown io title and In possession stating who is in possession of the lands and whether there are improvements being made at date of commitment or Mntemplated to commence prior to the date of closing which will not have been paid for in lull prior to the closing, 5. Creeds recorded in Deed (look 58, Pages 451 and 483, Public Records of Indlan River County, Florida B. Flestrictions, res®rvations, easements. and all other matters as .shown on that certain Plat ter Kansas salty Colony, recorded In Plat book 4, Page 23, Public Records of Indian (liver County, Florida. T. Coastal Construction Control Line recorded in Plat Book 12, Pages 22.32A through 32E. Pubtic Records of Indian River County, Florida. 11 Riparian and/or IN oral rights are nelther guaranteed nor insured, 9. Any adverse ownership claim by the state of Florida by right of sovereignly to ariy portion of the lands Insured hereunder', Including submerged, Tilled and artificially exposed lands, and lands acoretod to such lands. 10. Title to any portion of subject premires which he below the mean, high water mark of the Atlantic Ocean is not Insured hereby. 11. The right, If any, of the public to use 86 a public bearh or rocreation area any pan of the land tyinq between the body of water abutting the subject property and the natural line of vagelailon, bluff, extreme high water line or • 40 !R -M Ma1-15-01 03:45P Mathison F Mathisrn P.05 1 300008118 CHICAGO TITLE INSURANGE 0 MPANY SCHEDULE B - Section 2 Commitment Number other apparent boundary line separating the publicly used area from the upland private area. 12. Subject to the right-of-way fur State Road A-1 -A as It now exists. 13. Access to that portion of subject property lying West of any submerged land is neither guaranteed nor insured. NOTE: All of the racording information contained herein refers fa the Public Records of Indian River County, Florida, unless otherwise indicated. End of Schedule B - Section 2 �fltror' mere i 4111111111 CI Mar -15-01 03s46P Mathison & Mathison F.N1]r1R4FiYt NT Y comm mr..N7' Is{i OWNERS I i Anuuhud k1 and rorminr, w part, or LOAN I Commitment Nn. Search #300009119/ 83932 131wed by CHTCAG0TITLE MURANCE COMPANY The following is hereby amended: 1. Schdaule A, Item 1, Proposed Owner's Amount $400,000.00. ALL OTHER MATTERS REMAIN UNCHANGED Thi, etldursuncsil is made a poit of [lie policy (si C0111fl0ricnt and is st1tiJeul I[r ull [lie terns and 1lrnvisiolls Ihcreul' and of uny prior codol'semenly tlicreftr. Except lu the nwil expi msly stlslcd, it 1leillicl. modifies ally of 1110 tcmis and pluvkiolls of the pulicy or ccnitnlitmcnl and pliur Cn omsenion19, Amy, nor does it etfcnd file effWivc dole of the policy ur uxnmlllueul slid pliur cndurscmenis or incrensa lire fine (11,1011,11111e1euf. — DA rl.u: 02/10/00 STEPHEN S. HTSON, P �B Annlxn it CiXnnivey .�. Nula71ds endofK41T Wd 11 L311 uul be valid n, hindin7 WHO GnN ll krsigncd by anaucNgineel aigllstnrv. nGP1 ft;�rlara 1Y'airN n.Ni 4Nk1 Ct 1CAGO TffLr, INSURANCE COMPANY 11y: Pulrir.k &ane Frc,ldcvll By F Bend Briganit- 5ccrerary 40 tit! C�3 Prepared by and Return to Stephen S. Mathison, PA 5646 PGA Boulevard, Suite 211 Palm Beach Gardens, Florida 33418 Parcel Identification Number: 34-33-40.00001-0000-00001.0 34-33-40-00001-0000-00002.0 34-33-40-00001 - 0000-00003.0 34-33-40-00001-0000.00004,0 WARRANTY DEED TATS INDENTURE, made this 15th day of March, A.D. 2001, between, LAURA ANDRE alkla LAURA H. ANDRE, a married woman, whose post office address Is 220 Australian Avenue, Palm Beach, 'Florida 33480, grantor, and iNDIAN RIVER COUNTY, a Florida political subdivision, whose post office address is c/o Community Development Dept., 1 a40 25'h Street, Vero Beach, Florida 37960, grantee, (Wharever used herein the terms "grantor" and "grantee" Include all the parties to this Instrument and lhelr heirs, legal representatives, successors and assigns. "Grantor" and "grantee" ase used for singular and plural, as the context requires and the use of any gender shall tncfude all (lenders.) WITNESSETH. That the said grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof Is hereby acknowledged, has granted, bargained and said to the said grantee, and grantee's successors and assigns forever, the following described land situate, lying and being in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. By acceptance of this warranty deed, grantee herein hereby agrees that the use of the Property described heroin shall be subject to the covenants and restrictions as set forth in that certain Grant Award Agreement recorded in Official Record Book _, Page Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Properly herein described. If any of the covenants and restrictions of the Grant Award Agreement are violated by the grantee or by some third party with the knowledge of the grantee, fee simple title to the Properly described herein shall be conveyed to the Berard of Trustees of the Internal Improvement Trust Fund of the Stale of Florida In accordance with the Grant Award Agreement without further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. This property is not the homestead properly of the grantor, nor contiguous to homestead property, as such homestead is defined under Florida luw. AND the said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims or all persons whomsoever. • a r IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal, the day and year first above written. Signed, sea0d and deled in r se the pnt of: ,'V �. . (NErNAT"E OF FIR ) 44t J V WITNESS) �M ' Vcfl— (PRI T TYPED OR STAMPED NA E0 FIST WITNESS) (SIGUATURE OF SECOND WITNESS) PRINTED, TYPED OR STAMPED NAME OF SECOND WITNESS) STATE OF FL RIDA COUNTY OF R Wt -- (SIG AT RE OF G NTOR) (PRINTED, TYPED OR STAMPED NAME OF GRANTOR) 1 D (PRINTED, TYPED OR STAMPED ADDRESS OF GRANTOR) The foregoing instrument was acknowledged before me this 14 day of March, 2001, by who is personally known to me or who be pr duced a drivers license issued within the past 5 years as Identification. —� t (NOTARY PUBLIC) SEA (SIGNATURE OF NOTARY PUBLIC) ,�� i' �. L.1::SL1tir A. }TILL g MY CO�13, �'i'� EKI',°B Ea C1 (PRINTED, TYPED OR STAMPED NAME OF NOTARY PUBLIC) Commission No.: My Commissiun Expires: i • • EXHIBIT "A" LEGAL DESCMPTION Portions of KANSAS CITY COLONY SUBDIVISION, Lots 1, 2,3 and 4, lying West of State Road A -1-A, according to the Plat thereof, recorded in Plat Book 4, Page 23, of the Public Records of St. Lucia County, Florida. Said lands nrw lying and being in Indian River County, Florida; less State Road A-1 -A right-of-way. AW i 40 ENVIRONMENTAL AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority personally appeared LABRA ANDRE alkla LAURA H. ANDRE, ("Seller") who, being by me first duly sworn, deposes and slates: 1. That Seller is the sole owner in rue simple and now in possession of the following described property together with improvements located thereon located in Indian River County, Florida, to wit: See E=xhibit "A" attached hereto and by this reference made a part hereof (herefnaiter "the Property") 2, That Seller is this day (the "Closing Date")conveying the Property to INDIAN RIVER COUNTY, a Florida political subdivision, hereinafter referred to as the ("Purchaser'). 3, For purposes of this Affidavit [tie term "Environmental Law" shall mean any and all federal, state and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release orthreaRened release of Hazardous Materials (as hereinafterdefined) into the environment including, without limitation, ambient air, surface water, ground water, or land, or olherwise relating to the handling of such Hazardous Materials. For purposes of this Affidavit the term "Hazardous Materials"' shall mean any contaminant, chemical, waste, Irritant, petroleum product, waste product, radioactive material, flammabie or corroslve substance, explosive, poly -chlorinated biphenyls, asbestos, hazardous or toxic substance, material or waste of any [rind, or any other substance which is regulated by any Environmental Law. As or the Closing Date, Seiler warrants and represents to Purchaser, Its successors and assigns that: (1) Seller has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to the best of Seller's knowledge, no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the Property. (II) To the best of Seller's knowledge, there does not exist on the Property any condition or circumstance which requires or may, in the future, require cleanup -removal or other remedial action or other response under Environmental Laws on [tie part or Seller or a subsequent owner of all or any portion of (lie Property or which would subject Seller or a subsequent owner of all or any portion of the Property to liability, penalties, damages or injunctive relief. (Ill) To the best of Seller's knowledge, no underground treatment, buried, partially buried or above ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been focaled on the Property. (IV) Seller, and to the best of Seller's knowledge, any other person or entity that has owned, occupied orpossessed the Property, has neverviolated, and is presenify in compflance with, all Environmental Laws applicable to the Property. Page l of 2 r vs � {V) No warning notice, notice of violation, administrative complaint, judicial complaint or other Formal or informal notice has been issued by any federal, state, local environmental agency alleging that conditions on the property are in violation of any Environmental Law. (tV) Seller is not subject to any judgment, decree, order or citation related to or arising out of Environmental Laws, and Seiler has not been named or listed as a ,potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law. 5. That Seller makes this Affidavit for the purpose or Inducing Purchaser to purchase the Property, and Seller acknowledges that Purchaserwill rely upon the representations and warranties set forth in this affidavit. FURTHER AFFIANT SAYE H NAUGHT'. Z r LAURA ANDRE a/k/a LAURA H. ANDRE WI S� Print N Witness Print Name of Witness SWORN T© and subscribed before me this day of ! 2401, byLAURA ANDRE alkla LAURA H. ANDRE, who is personally ykk�ow�n to me or who has produced as Identification, , f :9 LEA. BILL MY COMMISSION r CC 6511Sfi6 Il EXPIRES: Ao9u9913, 2Q63 nol owdid d wort P*k uw— ry Public (Printed, Typed or Stamped Name of Notary) Cofnmission No.: My Commission Expires: Page 2 at' 3 40 C> 4m F-XNIB}T "A" LEGAL DESCRIPTION Portions of KANSAS CITY COLONY SUBDIVISION, Lots 1, 2, 3 and 4, lying West of State Road A -1-A, according to Sha Plat thereof, recorded in Plat Book 4, Page 23, of the Public Records of St. Lucie County, Florida. Said lands now lying and being In Indian River County, Florida; fess State Road A -1-A right-of-way. 40 40 4D TITLE, POSSESSION & LIEN AFFIDAVIT STATE=. OF FLORIDA COUNTY OF PALM BEACH LAURA ANDRE alkla LAURA H. ANDRE, ("Seger°), being first duly sworn, deposes and says that Seller makes these representations to Florida Communities Trust, a nonregulatory agency within the Department of Community Affairs and Indian River County, a Florida political subdivision ("Purchaser") and to Chicago Title Insurance Company, ("title insurer') to Induce Purchaser to purchase and title Insurer to insure title to that certain properly described below, and Seller further states: I. Seller is the sole owner in fee simple and now In possession of the real property togellier with the hnprovements located thereon (hereinafter the "property") described as follows; See Exhibit "A" attached hereto and by this reference made a part hereof. 2. "the property is free and clear of all liens, taxes, encumbrances and claims or every kind, nature and description whatsoever, except tar easements, restrictions, or other title matters listed in the schedule of exceptions In the title insurance policy insuring the fee simple interest to be received by Purchaser. 3 There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple interest to be insured, and the Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured. 4. Selier has undisputed possession of the property; there is no other person or entity in possession or who has any possessory right in the properly; and Seller knows of no defects in the property title, 5. No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date, there are no unrecorded laborer's, mechanic's or materialmen°s liens against the property, and no material has been furnished to the property for which payment has not been paid In full. 6. Within the past 90 days there have been no improvements, alteratlons, or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or Improving the same, which remain unpaid. 7. There are not due, orto come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities, or improvements made by any governmental authority. Should any bill be found which relates to the period of Seller's possession. Seller will pay such bill upon demand. No notice has been received of any public hearing regarding future or pending zoning changes, or assessments for improvements by any governmental aulhorily. 8. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or adverse interests with respect to the property. 9. If this is improved property that. Seller is the owner of, there are no claims, liens or security Interests whatsoever of any kind or description against the furniture, fixtures, equipment and Page 1 of 3 Cl 4D personal property located in the improvements on the property and said as part of this transaction. All tangible personal property taxes are paid in tuft.. 10. There are no existing contracts for sale affecting the property. 11. That, If married, Sellers have been continuously married during the entire time of the ownership of the property, have never been divorced and have not entered Into any separation or property settlement agreement. 12. That, if married and the spouse of the affiant does not join in the deed of conveyance, the property to be conveyed is not now, nor has it ever been, the hor estead of the Seller 41hin the meaning of Iorlda law and tat the Seller resides at,� U 13. There is no civil action pending which involves the property in anyway. Where is no action for dissolution of marriage or divorce pending. 14. "there are no federal tax claims, liens or penalties assessed against the Seller either Individually or in any other capacity. 15. No proceedings in bankruptcy have ever been 'brought by or against Seller, nor has an assignment for the benefit of creditors been made at anytime, nor is there now In effect any assignment of rents of the property or any part thereof. 16. 1'he real estate taxes will be paid to the date of closing pursuant to section 198.295, Florida Statutes. 17, That Seller Is not a "non-resident alien" for the purposes of United states Income taxation, nor is he a "foreign person" (as such term is defined in section 1445 of the Internal Revenue Code of the United states and its related income Tax Regulations); that hislher Social Security Numbers) (or F.E. I.D.Number) islare „L 1'� f _V�:,-26FAQ and ; that Seller understands that the certification made in this paragraph may be disclosed to the Internal Revenue Service by the Buyer; that any false statement contained in this Paragraph could be punished by fine, Imprisonment, or both; and that the information contained in this Paragraph is true and correct and as provided tinder penalties of perjury. 18. Seller has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordfriance, code, rule, regulation, order or decree) present an the property. There has been no production, placement, disposal, storage, release or discharge an or from the property of any hazardous substances, and there are no buried, partially buried, or above -ground tanks, storage vessels, drums or containers located on the property. Seller has received no warning notices, notices of violation, administrative complaints, judicial complaints or other formal or informal notices from any governmental agency alleging that conditions on the property are in violation of environmental laws, regulations, ordinances or rules. 19. This Affidavit is executed in duplicate, each of which shalt be considered an original, with one original to be delivered to the Purchaser and one original to be delivered to the title insurer. THIS AMDAUiT Is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing the Purchaser to close and the title insurer to insure the title to the property and to disburse the proceeds of the safe. Seller Intends for Purchaser and the title insurer to rely on these representations. Page 2 of 3 e e-1 !rM , - Print Name of Witness LAURA ANDRE alkla LAURA H. ANDRE SWORN TO and subscribed before me this I i'h day of Nwpl 2001, by LAURA ANDRE a/k/a LAURA H. ANDRE, who is personally known to me or who has produced as Identification- LE�LiE A. H1LL �`�';F MY C6fi1M18510td It CC 65fE64 °�' '• L•7fP1pEs: Avgusl t3, 20(}3 ��R. Bma�enrruHmt�ryfti�`c��wwrrers lah dawpff 1esl3M32-1 R%Tlr1®.A If Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: Page 3 of 3 i i EXHIBIT "A" LEGAL DESCRIPTION Portions of KANSAS CITY COLONY SGB©IVISPON, Lots 1, 2, 3 and d, lying West at State Road A -1-A, according to the Plat thereof, recorded In Plat Book 4, Page 23, of the PuMc Records of St. Lucie County, Florida. Said lands now tying and being in Indian River County, Florida; less State Road A-1 -A right-of-way.