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Home My WebLink About2006 Affidavit of Disbursement and ComplianceAFFIDAVIT OF DISBURSEMENT AND COMPLIANCE Before me the undersigned authority, personally appeared Bettina Boudrot, hereinafter referred to as "Seller" and , the of the City of Sebastian, hereinafter referred to as "Buyer ", who upon first being duly sworn according to law, depose and say: 1. That Seller is conveying to Buyer the property described as follows: See Exhibit "A" attached hereto and made a part hereof (the 'Property ") 2. Seller certifies that since December 15, 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. 3. 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, Seller agrees to assume full legal responsibility for satisfaction and /or removal of such instruments. 4. Seller agrees to indemnify HATCH & DOTY, P.A. ( "H &D ") and its underwriter(s) 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. 5. H &D is not responsible for charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service /maintenance contracts (pest control, appliance, pool, lawn, alarm systems, etc.), association assessments or dues or estoppel information furnished by mortgagees or others. Affiants understand 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. 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. 6. If the real property tax bill is not available at closing, then the tax pro- ration will be based on the taxes paid for the prior year. The basis of proration as set forth on the Settlement Statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed between the parties that if the actual taxes for the year of closing materially differ, they will be adjusted between the parties upon demand. H &D is not liable or responsible for such adjustment or re- proration of taxes. H &D is not responsible or liable for additional taxes, other charges or tax refunds, if any, and shall not be liable should any of the parties to this transaction fail or refuse to re- prorate the taxes. Buyer shall be responsible for any increase in taxes due to change in ownership. 7. The Buyer(s) acknowledge(s) the existence (check if applicable) of a homeowner association condo association and is aware that monthly, quarterly or annual assessments may be due to said association. Said association may also have the authority to regulate and enforce community covenants and restrictions or rules and regulations. 8. The parties acknowledge that some recording and other costs are estimated and may vary. H &D will be responsible for all additional costs up to $10.00, and will retain all overages up to $10.00 of such estimated amount. Any overage above $10.00 will be refunded to the proper party. Any additional costs in excess of $10.00 will be billed to the responsible party. 9. Buyer and Seller agree to comply with any request by Lender or H &D and to fully cooperate and adjust for any scrivener's errors on any closing or loan document deemed necessary or desirable in the reasonable discretion of the lender of H &D to perfect its documentation. The Buyer and Seller do so agree and covenant in order to assure that the closing documents accurately reflect the transaction that occurred on this date. 10. H &D does not make any representations or warranties, nor does it assume any liability with respect to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure hazard insurance coverage prior to completion of closing. If a survey was prepared by this transaction, then the Buyer acknowledges receipt of a copy of the survey. The Buyer has reviewed said survey and accepts title subject to the matters set forth therein. Buyer as received and reviewed the proposed deed and is satisfied with and approves the manner in which title is held. 11. The Settlement Statement has been reviewed and approved by the parties and Affiants have executed this Affidavit for the purpose of inducing H &D 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 Affiants and to induce to insure the period from the date set forth in Article 2 above through the date of recording. 12. Affiants understand that they are each familiar with the nature of an oath; And with the penalties provided by the laws of the state aforesaid for falsely swearing to statements made in an instrument of this nature. Affiants further certify that they have read or have heard read to them, the full facts of this Affidavit and understand its context. 13. The parties acknowledge that the Buyer x Seller is represented by H &D. The City of Sebastian is represented by its counsel, Rich Stringer, Esquire. FURTHER AFFIANTS SAYETH NOT. Bett' a Boudrot r Name: �►- Its C.: f�) A4-t-t- Sworn to and subscribed before me this g day of January, 2007, by Bettina Boudrot, an unmarried woman. Frances Ann Nelson n wtnmission #DD289813 .q ....oFF; xpL'es-Mar 12, 2008 Bonded Thm Atiantic Bondin Co., Imo. Personally fcnown Identification: Driver License(s) NOTARY PUBLIC Or produced identification. Type of Sworn to subscribed before me this v day of January, 2007, by h , on behalf of City of Sebastian. S NOTARY PUBLIC Personally known Identification: Driver License(s) Boudrot.EAF Or produced identification. Type of I 1 OFF" ORIDA *Robyn H. Eschmann Commission # DD488469 ExTires: OCT. 19, 2008 Bonded inrn Atlantic Bondiq Co., Inc. 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. PARCEL 2: The South 5 feet of the North 72 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. IILI E� 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 7/12188); 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.