HomeMy WebLinkAboutWincey, Charles & Laura Lease Trust Agreement Affidavit of No Liens (Seller)
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AFFIDAVIT OF NO LIENS
(Seller)
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority authorized to take oaths and administer
acknowledgments, personally appeared LAURA EVELYN WINCEY, TRUSTEE OF THE
CHARLES W. WINCEY TRUST AGREEMENT, dated August 9, 1994, and THE LAURA
EVELYN WINCEY TRUST AGREEMENT, dated August 9,1994, and individually ("Affiant"),
who duly sworn under penalties of perjury, deposes and states as follows:
1. Affiant represents that THE CHARLES W. WINCEY TRUST AGREEMENT, dated
August9, 1994, and THE LAURA EVELYN WINCEY TRUST AGREEMENT, dated
August 9, 1994 ("Trusts") are currently the fee simple owner ofthe property described in
the Old Republic National Title Insurance Company Commitment attached hereto as Exhibit
"A" and incorporated by reference, bearing Commitment No. 03083455, and as Trustee she
has personal knowledge ofthe matters noted herein.
2. Affiant is aware of no defects, liens, encumbrances, or other adverse matters affecting title,
other than those disclosed in the attached Commitment and survey, if any, which survey is
herein incorporated by reference.
3. That no persons or entities other than the Trusts are entitled to the right of possession or are
in possession ofthe land, and that the Trusts' rights to title and possession ofthe land are not
in dispute or question.
4. The Trusts are not part of any bankruptcy proceeding under the U.S. Code, or insolvency
under any state statutes, and are not currently in bankruptcy or the subject of a state
insolvency statute.
5. That no work has been done or materials furnished to the land for the past ninety (90) days
which could give rise to construction liens being imposed under the provisions of Florida
Statutes Chapter 713, Part I.
6. Affiant is aware that Old Republic National Title Insurance Company and Brown, Salzman,
Weiss & Garganese, P.A. are relying upon this Affidavit to issue a title insurance policy in
accordance with the aforesaid Commitment. Affiant, individually, and as Trustee of the
Charles W. Wincey Trust Agreement, dated August 9, 1994, and the Laura Evelyn Wincey
Trust Agreement, dated August 9, 1994, does hereby indemnify and hold harmless Old
Republic National Title Insurance Company and Brown, Salzman, Weiss & Garganese, P.A.
against any loss or damage, including reasonable attorneys' fees and costs, through all
appellate proceedings, caused as a result of any material false statements contained in this
Affidavit.
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7. This Affidavit is given for the purpose of clearing any possible questions or objection to the
title to the above referenced property and, for the purpose of inducing Brown, Salzman,
Weiss & Garganese, P.A. and Old Republic National Title Insurance Company to issue title
insurance on the subject property, with the knowledge that said title company is relying upon
the statements set forth herein.
8. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws
of the United States and the State of Florida for falsely swearing to statements made in an
instrument ofthis nature. Affiant has read, or heard read, the full facts ofthis Affidavit and
understands its context.
Affiant has caused this Affidavit to be executed this 30th day of September, 2003.
AFFIANT:
~~~~L-
LAURAEVELYNWI CEy,T~
THE CHARLES W. WINCEY TRUST
AGREEMENT, dated August 9, 1994; and
THE LAURA EVELYN WINCEY TRUST
AGREEMENT, dated August 9, 1994
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared LAURA EVELYN WINCEY, TRUSTEE OF THE CHARLES W.
WINCEY TRUST AGREEMENT, dated_~~ust 9, 1994, and THE LAURA EVELYN WINCEY TRUST
AGREEMENT, dated August 9, 1994 I)Q-who is personally known to me, or [ ] who has produced
as identification, and w V> executed the foregoing instrument and who
acknowledged before me that she executed the same for the purpose set forth herein, and she did not swear an oath.
WIlNESS my hand and official seal in the State and Co ty la
(Notary Seal)
NO P LIC
My Commission Expires:
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FILE NO. 03083455
SMH/anm
. REVISED SEPTEMBER 26, 2003
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
1971 LEE ROAD
WINTER PARK, FL 32789
Phone: (407)647-1915
Fax: 407-647-1735
Agent File Number: 315-027
ORT File Number: 03083455
REVISED SEPTEMBER 26, 2003
SCHEDULE A
1) Effective Date: August 11, 2003 at 5:00 PM
2) Policy or Policies to be issued:
Amount:
a) AL TA Owners Policy Standard Form B 1992
(amended 10/17/92 with Florida Modifications)
$1,000,000.00
Proposed Insured:
CITY OF WINTER SPRINGS, FLORIDA, a political subdivision
b) AL T A Standard Loan Policy 1992
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
N/A
$N/A
3) The estate or interest in the land described or referred to in this Commitment and covered herein is a
FEE SIMPLE.
4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
LAURA EVELYN WINCEY, TRUSTEE OF THE CHARLES W. WINCEY TRUST AGREEMENT
dated August 9,1994, as to an undivided 1/2 Interest, and LAURA EVELYN WINCEY, TRUSTEE
OF THE LAURA EVELYN WINCEY TRUST AGREEMENT dated August 9, 1994, as to an
undivided 1/2 interest
5) The land referred to in this Commitment is described as follows:
The East half (E %) of Lot 3, Block C, and the East half (E %) of Lot 3, Block 0, of D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof
as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida.
This Commitment valid only if Schedule B is attached.
EXHIBIT" A"
ORDOCS COMMITMENT ORLANDO SUBDIVISION MF01149
FILE NO. 03083455
SMH/anm
-REVISED SEPTEMBER 26, 2003
SCHEDULE B - SECTION I
The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instrument{s) necessary to create the estate or interest to be insured must be properly executed,
delivered and duly filed for record:
a) Warranty Deed from LAURA EVELYN WINCEY, TRUSTEE OF THE CHARLES W. WINCEY
TRUST AGREEMENT dated August 9, 1994, and LAURA EVELYN WINCEY, TRUSTEE OF
THE LAURA EVELYN WINCEY TRUST AGREEMENT dated August 9, 1994 to THE CITY OF
WINTER SPRINGS, FLORIDA, a political subdivision, conveying the property described in
Schedule "A" herein.
3. Other instruments which must be properly executed, delivered and duly filed for record, and/or other
matters which must be furnished to the company:
4. Record affidavit from the trustee of the CHARLES W. WINCEY TRUST AGREEMENT dated August
9, 1994 stating that LAURA EVELYN WINCEY is the sole surviving trustee and that said trust has not
been revoked, revised or amended and is in full force and effect.
5. Record affidavit from the settlor and/or trustee of the LAURA EVELYN WINCEY TRUST
AGREEMENT dated August 9, 1994 stating that LAURA EVELYN WINCEY is presently the sole
surviving trustee, that she has full power to sell and convey subject premises, that the trust
agreement has not revoked, revised or amended other than as submitted to Old Republic National
Title Insurance Company and is in full force and effect. That the attached pages represent true and
correct copies of the original trust and can be relied upon as if an original. Said affidavit is to attach to
and form a part of said deed and is to be an intergral part thereof.
6. A copy of the CHARLES W. WINCEY TRUST AGREEMENT dated August 9,1994 and all
amendments thereto to be submitted for review.
7. A copy of the LAURA EVELYN WINCEY TRUST AGREEMENT dated August 9, 1994 and all
amendments thereto to be submitted for review.
NOTE: This commitment is subject to further requirements as may be deemed necessary upon
review of aforesaid trust documents.
8. A certified copy of the Death Certificate of CHARLES W. WINCEY, to be filed in the Public Records of
Seminole County, Florida.
SCHEDULE B SECTION illS CONTINUED ON AN ADDED PAGE
ORDOCS COMMITMENT ORLANDO SUBDIVISION MF01149
FILE NO. 03083455
SMH/anm
. REVISED SEPTEMBER 26, 2003
SCHEDULE B - SECTION"
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
1. Defects, 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 for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof
appears of record.
5. Easements or claims of easements not shown by the public records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to
such lands.
7. State road right reservations(s), if any.
8. Oil, gas and mineral right reservations, if any.
9. General or special taxes and assessments required to be paid in the year 2003 and subsequent
years.
No(s).: 26-20-30-5AR-OCOO-0030 and 26-20-30-5AR-ODOO-0030
10. Any lien provided by Chapter 159 F .S., in favor of any city, town, village or port authority for unpaid
service charge for service by any water, sewer or gas system supplying the insured land.
11. Subject to matters of plat of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
according to the plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County,
Florida.
12. Riparian rights are neither guaranteed nor insured.
13. Rights of owners of land abutting upon the waters of Lake Jessup.
14. Title to beds or bottoms of lakes, or other bodies of water, located in, on, or within the land described
herein.
15. The land described herein shall not be deemed to include any house trailer or mobile home, whether
or not permanently affixed to the land.
TAX INFORMATION:
PARCEL NO. 26-20-30-5AR-OCOO-0030
2002 Taxes were PAID in the gross amount of $372.69 and WAS NOT homestead.
Taxes DO NOT include more land than subject premises.
TAX INFORMATION:
PARCEL NO. 26-20-30-5AR-ODOO-0030
2002 Taxes were PAID in the gross amount of $17.43 and WAS NOT homestead.
Taxes DO NOT include more land than subject premises.
ORDOCS COMMITMENT ORLANDO SUBDIVISION MF01149
Closing Statement: September 30, 2003
Closing Statement: September 30, 2003
Seller:
The Charles W. Wincey Trust Agreement, dated August 9,1994; and
The Laura Evelyn Wincey Trust Agreement, dated August 9, 1994
Buyer: City of Winter Springs, Florida,
a Florida Municipal Corporation
Legal Description:
The East half(E Yz) of Lot 3, Block C, and the East half(E Yz) of Lot 3, Block D, ofD.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5, Public
Records of Seminole County, Florida.
SELLER'S COPY A B I BUYER'S COPY A B
DUE SELLER CREDIT BUYER ! DUE SELLER CREDIT BUYER
I. SELLING PRICE 900,000 00 ! a.SELLING PRICE 900,000 00
*2. DOWN PAYMENT 50,000 00 ! *b.DOWN PAYMENT 50,000 00
3. MORTGAGES: a.-Assumed by Buyer XXXXXX ! c. MORTGAGES: a-Assumed by Buyer XXXXXX XX
XXXXXX XX -1 b.-Executed by Buyer XXXXXX XX
b.-Executed by Buyer :
4. RENTS, pro rated : d. RENTS, pro rated
5. INTEREST, pro rated : e. INTEREST, pro rated
6. INSURANCE: Fire XXXXXX XX f. INSURANCE: Fire XXXXXX XX
Unearned Unearned
Premium : Premium
Other XXXXXX XX Other XXXXXX XX
Unearned Unearned
Premium : Premium
7. TAXES: g. TAXES:
:
8. 2002 City Taxes : h.2002 City Taxes
9.2002 County Taxes : i. 2002 County Taxes
10. 2002 Personal Taxes : j. 2002 Personal Taxes
II.PROPERTY TAXES - 2003 3,364 69 k.PROPERTY TAXES - 2003 3,364 69
(273 days of total $4,498.58 ) :
12. : 1.
13. ! m. i~,ooo
TOTALS 900,000 00 53,364 69 I TOTALS 53,364 69
I
14. Column "A" less Column "B" I n. Column "A" less Column "B"
* RALANrF nr IP ~PT LFR 841l"'~ ~ ~I ! *RALA '~PTTPD I 846.635 GlJ
SELLER'S EXPENSES OF SALE CHARGE SELLER I BUYER'S EXPENSES OF SALE CHARGE BUYER
15. Abstracting Charges I o. Abstracting Charges
16. Attorney's Fee (Thomas R. Olsen) 2,500 00 I p. Attorney Fees
17. Broker's Commission I q. Escrow Fees
18. Escrow Fees I r. Florida Revenue Stamps, on Note
19. Florida Documentary Surtax Stamps on Deed 6,300 00 I s. Intangible Tax on Mortgage
20. Florida Revenue Stamps, on Deed I t. Recording Deed & Affidavit 201 00
21. Intangible Tax on Mortgage I u. Recording Mortgage
22. Recording Mortgage I v. Survey Charges
23. Survey Charges I w. Mortgage Transfer Fee
24. Mortgage Transfer Fee I x. Florida Doc Stamps
25. PROPERTY TAXES i y. Old Republic Title Policy and Commitment 5,160 00
I z. PROPERTY TAXES '---
*26. TOTAL EXPENSES TO SELLER 8,800 00 I *z. TOTAL EXPENSES TO BUYER 5,361 00
'---
SUMMARY:
DOWN PAYMENT *(2) Omit if Paid Seller
(plus) BALANCE DUE SELLER
SELLER'S EXPENSES *(26)
NET CASH DUE TO SELLERS:
50% to Charles W. Wincey Trust
50% to Laura Evelyn Wincey Trust
seller~ Af)~
$ 50.000.00
$ 846,635.31
$ (8,800.00)
SUMMARY:
BALANCE DUE SELLER
BUYER'S EXPENSES *(z)
NET CASH DUE FROM BUYER
$ 846.635.31
$ 5.361.00
$ 851,996.31
$ 443,917.66
$ 443.917.65
Buyer:
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SELLER:
LAURA EVELYN WINCEY, TRUSTEE OF THE CHARLES W. WINCEY TRUST
AGREEMENT, dated August 9, 1994, and LAURA EVELYN WINCEY, TRUSTEE
OF THE LAURA EVELYN WINCEY TRUST AGREEMENT, dated August 9, 1994
BUYER:
CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation
CLOSING AGENT: BROWN, SALZMAN, WEISS & GARGANESE, P.A.
CLOSING DATE: SEPTEMBER 30. 2003
FURTHER ASSURANCES AGREEMENT
For and in consideration of the Closing Agent disbursing proceeds ofthis Sale, and in order to insure
the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction,
the undersigned do mutually agree to cooperate, adjust, initial, re-execute and re-deliver any and all closing
documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention
of the undersigned that all documentation for this transaction and all payments or disbursements made shall
be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses
contemplated by their agreement and/or dictated by custom and usage in this area.
The undersigned do hereby agree and covenant to assure that this transaction and its documentation
will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement
and the covenants herein in closing this transaction.
Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the
fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees,
officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable
attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from the failure of either party to meet its obligation under this agreement.
In the event additional documents are required to be executed or revised to complete the terms and
conditions ofthe closing, Buyer and Seller agree to cooperate with each other and Brown, Salzman, Weiss
& Garganese, P.A.
WITNESSES:
SELLERS:
CHARLES W. WINCEY TRUST
AGREEMENT, dated August 9,1994
~-"-" ~'4rdt;.;~
LAURA EVELYN CEY, TRUS
Page 1 of 2
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LAURA EVELYN WINCEY TRUST
AGREEMENT, dated August 9,1994
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LAURA EVELYN EY, TRUSTfIIE'
WITNESSES:
BUYER:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
--
CITY OF WINTER SPRINGS1 FLORIDA
By: !d.-M tV 7 rlf.--f
RbNALD w. McLEittf '.", Ci;rv MANAGER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared LAURA EVELYN WINCEY, TRUSTEE OF THE CHARLES W.
WINCEY TRUST AGREEMENT, dated~ A~ust 9, 1994, and THE LAURA EVELYN WINCEY TRUST
AGREEMENT, dated August 9, 1994 [><I- who is personally known to me, or [ ] who has produced
. as identification, and who executed the foregoing instrument and who
acknowledged before me that she executed the same for the purposes s forth herein, and she did not swear an oath.
Co ty last aforesaid this 3.12-.. day of
(Notary Seal)
74flmTN~~SS. rpf hand and official seal in the State an
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COUNTY OF SEMINOLE ~~~kL~..~~()\#'
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared RONALD W. McLEMORE, CITY MANAGER of the CITY OF
WINTER SPRINGS, FLORIDA [ ] ..who is personally known to me, or [ ] who has produced
(~/ as identification, and who executed the foregoing instrument and who
acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath.
\
~S my hand and official seal in the State and County last aforesaid this ,) r-c/ day of
,2003. _ JLl~. '~~
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My Commission Expires: sjct/o(
NO ARYPUBLIC
My Commission Expires:
(Notary~ And,. ~
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