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HomeMy WebLinkAbout2007 Affidavit of No Lien Disbursement and ComplianceAFFIDAVIT OF NO LIEN DISBURSEMENT AND COMPLIANCE AND CERTIFICATION OF NON - FOREIGN STATUS STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME, the undersigned notary public, personally appeared Bettina Boudrot, an unmarried woman, who, having been first duly sworn according to law, deposes and says: Affiant has personal knowledge of all matters set forth in the Affidavit. 2. Affiant (hereinafter referred to as the "Owner ") holds fee simple title to certain real Property (hereinafter referred to as the "Property ") situate in Indian River County, Florida, and more particularly described in Exhibit "A" attached hereto to this Affidavit and by this reference made a part of this Affidavit. 3. The Owner has been vested with title to the Property since September 10, 1992. For purposes of the 1099 IRS report, Affiant certifies that the Property is x is not the current homestead of the Owner. 4. The Owner's title to and possession and enjoyment of the Property has been open, notorious, peaceable and undisturbed. 5. Neither the Owner's title to nor possession of the Property has ever been disputed or questioned nor is the Owner aware of any facts by reason of which the title to, or possession of, the Property or any part of it or any personal property located on it might be disputed or questioned or by reason of which may claim to the Property or any portion of it or any personal Property located on it might be adversely asserted. 6. No person or entity other than the Owner claims or is presently entitled to the right to possession or is in possession of the Property other than the Owner. 7. There are no disputes concerning the location of the boundary lines of the Property. 8. There are no easements affecting the Property not disclosed by the public records. 9. There are no security agreements, financing statements, title retention contracts or personal property leases affecting any materials, fixtures, appliances, furnishings or equipment placed on it or installed on the Property or the improvements located on it. 10. There are no actions, proceedings, judgments, bankruptcies, liens or executions recorded or pending among the Public Records of Indian River County, Florida, or any other county in Florida against the Owner. No judgments or decrees have been entered in any court of this State or the United States against the Owner which remain unsatisfied. That the Property is not encumbered by the lien of any decree, judgment, writ or attachment or tax lien. 11. There are no mechanic's materialmen's or laborer's liens or construction liens under Chapter 713 of the Florida Statutes filed against the Property, no improvements or repairs have been made to the Property during the ninety -day period immediately preceding the date of this Affidavit, there are no unpaid bills of any nature, either for labor or materials used in the making improvements or repairs on the Property, or for services of architects, surveyors or engineers incurred in connection with the Property and that no person, firm or corporation is entitled to a lien under Chapter 713 of the Florida Statutes, except for the following: NONE 12. The Owner has made no additional improvements to the real Property and has received no Notice of proposed back assessments from the Appraiser's Office or bill for back assessments from the Tax Collector. 13. The Owner has not received notice of utility, paving, water, special, impact, development, waste or sewer assessments or any public hearing regarding future or pending assessments to improvements by any governmental instrumentality, which are now unpaid, against the Property. Page 1 of 3 14. Seller certifies that since December 5, 2006, the date of the last title certification, no lien, encumbrance, or other document has been filed of record, which adversely affects title to the Property. 15. Owner hereby agrees and represents that Owner will not execute any instrument, or do any act whatsoever, that in any way would or may affect the title to the Property, including but not limited to the mortgaging or conveying of the Property or any interest in it or causing any liens to be recorded against the Property or the Owner between the earlier of (1) the date of this affidavit or (2) the disbursing of funds and the recording of the Deed conveying the subject Property. 16. The personal property contained in the buildings on said premises, and which, if any, is being sold to the Purchaser(s) mentioned below, is also free and clear of all liens, encumbrances, claims and demands whatsoever. 17. Owner, in the operation of said building and Property, complied in all respects with the Sales Tax Law of the State of Florida. 18. Owner knows of no violations of Federal, State, County or Municipal Ordinances or Rules and Regulations, Law or Statutes of any governmental authority having jurisdiction with respect to the Property, or Environmental Protection Laws nor is Owner aware of any hazardous waste contamination affecting the Property or on any adjacent land that my give rise to an action or to a liability under any law, risk, statute, ordinance or common law theory. 19. In the event the real estate tax proration is based on a real estate tax bill from a previous year, Owner agrees to adust the real estate tax proration based on the real estate tax bill for the current year. If the current real estate and personal property taxes vary materially in amount from the figures used in making the prorations in closing the transfer and conveyance of the Property to the Buyer /Borrower then a new proration and a correct and proper adjustment will be made upon demand. except Seller shall not be responsible for property tax increases due to a change in ownership. 20. In the event any documents which adversely affect title to the Property are filed of record subsequent to the date and time set forth above through the date and time of recording title to the Buyer and /or recording of any mortgages, Owner agrees to assume full legal responsibility for satisfaction and /or removal of such instruments. 21. Owner agrees to indemnify Hatch & Doty, P.A., ( "H &D ") and Underwriter issuing title insurance for any loss or damage, including court costs and attorney /paralegal fees arising from any intervening liens or other matters which adversely affect the title to the Property or first lien position of any insured lender. 22. Owner understands that the figures set forth on the Closing Statement relating to mortgage payoffs, taxes, utilities, rental adjustments, maintenance fees, special assessments and /or any other charges are based on the best information available at time of closing. Except as provided for herein, in the event that any charge or credit differs from the actual figure(s), the party so charged or credited will promptly pay all additional sums owing to correct the discrepancy. Occasionally there is a shortage or overage in the trust account maintained for you by H &D. This is usually due to an actual charge for an item being more or less than reflected on the closing statement. If an overage is more than Ten Dollars, H &D will refund the overage to the appropriate party. If an overage is Ten Dollars or less, H &D will retain the overage. If a shortage is less than Ten Dollars, H &D will be responsible for the shortage. If a shortage is Ten Dollars or more, the appropriate party will be responsible for the amount of the shortage 23. CERTIFICATION OF NON - FOREIGN STATUS UNDER PENALTIES OF PERJURY, the undersigned state that: Check those that a NON - FOREIGN STATUS: X Owner is /are not a foreign person(s), a foreign corporation, foreigh partnership, foreign trust, or foreign estate (as those forms are defined in the Internal Revenue Code and Income Tax Regulations); and Owner is not a disregarded entity as defined in 26 CFR §1.1445- 2(b)(2)(iii); Page 2 of 3 Owner's U.S. Taxpayer Identification Number is 031 -36 -1599 Her full name appears at the bottom of this instrument Her home address is 1306 12th St. #B, Vero Beach, FL 32960. FOREIGN STATUS: ❑ Owner(s) is /are a foreign person, foreign corporatin, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); ❑ Owner(s) is /are a disregarded entity as defined in 26 CFR §1.1445(b)(2)(iii)., then Owner's TIN or EIN Number is: Each Owner(s) U.S. TIN or EIN is: Owner(s) home or business address is: Under penalties of perjury I declare that I have examined the above certification of non foreign status and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Owner(s). Owner(s) understand that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. 25. This Affidavit is made to induce City of Sebastian to purchase the Property from Owner and to induce Hatch & Doty, P.A., through its Underwriter to issue a policy to insure the title to the Property. Owner shall hold Hatch & Doty, P.A., and its underwriter harmless for any and all loss, penalty, interest, legal fee or other costs incurred as a result of any false statement or inaccuracy herein or any unrecorded claims, mechanics liens or encumbrances against the Property. 26. Owner has executed this Affidavit for the purpose of inducing Hatch & Doty, P.A., to disburse at the time of closing, any proceeds of sale, any mortgage proceeds and /or disbursements made in accordance with the Closing Statement signed by Owner and to Induce the Underwriter issuing the title insurance policy to insure the title through the date of recording 27. The Owner acknowledges the receipt of two Privacy Notices. One from the underwriter issuing the title insurance policy in this transaction and one from Hatch & Doty, P.A. Owner has been informed that if Owner would like to limit Hatch & Doty PA's disclosures of personal information about Owner, then Owner should follow the opt out instructions contained in H & D's, Privacy Notice. 28. Owner further states that Owner is familiar with the nature of an oath; and with the penalties as provided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Owner further certify that Owner has read or has heard read to Owner, the full facts of this Affidavit, and understand(s) its context. Bettina Boudrot Sworn to and subscribed before me this 9 day of Jz°A °Y 2007by Bettina Boudrot NOTARY PUBLIC Personally known ✓ OR Produced Identification Type of Identification Produced: Driver License(s) Boudrot.Aff �;�rP�B,, Frances Ann Nelson Commission #DD289813 a o� Expires: Mar 12, 2008 Page 3 of 3 BondedTtn„ i , I Atlantic Bonding Co., 1W. Exhibit "A" PARCEL 1: Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida, and less and except those portions conveyed to the City of Sebastian in O.R. Book 936, page 2133 and O.R. Book 1946, page 766, Public Records of Indian River County, Florida. •dG014ift The South 5 feet of the North 7.2 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida.. AND The South 30 feet of the North 65 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. AND The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. I_PJ:§ A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, being more particularly described as follows: Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North line of the South 23.5 feet of Lot 2, proceed South 87 °36'23" East along said North line a distance of 47.69 feet to a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 N.C.V.D., located on 7/12/88); thence South 11'52'05" East along the S.U.L. a distance of 2.06 feet to a point being 2.00 feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular; thence North 87 °36'23" West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of 68.10 feet to a point on the East right of way line of Indian River Drive; thence North 00 °26'42" West along said East right of way line a distance of 2.00 feet to the Point of Beginning.