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Home My WebLink AboutBlumberg, Lewis and Juanita D. Affidavit of No Liens (Seller) -2002 05 08AFFIDAVIT OF NO LIENS (Seller) STATE OF ~~ COUNTY OF ft/pji/CDG~ BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared LEWIS BLUMBERG and JUANITA D. BLUMBERG, husband and wife (collectively "Affiants "), who duly sworn under penalties of perjury, depose and state as follows: 1. Affiants, LEWIS BLUMBERG and JUANITA D. BLUMBERG, husband and wife, are currently the fee simple owners of the property described in the Old Republic National Title Insurance Company Commitment attached hereto and incorporated by reference, bearing Commitment No. 02031413, and as such they have personal knowledge of the matters noted herein. 2. Affiants are 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 other than the Affiants are entitled to the right of possession or are in possession of the land, and that the Affiants' right to title and possession of the land is not in dispute or question. 4. Affiants have no present intention of filing bankruptcy 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. Affiants are aware that Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A. are relying upon this Affidavit to issue title insurance policies in accordance with the aforesaid Commitment. Affiants do hereby indemnify Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P. A. against any loss or damage caused as a result of any material false statements contained in this Affidavit. 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, Ward, Salzman & Weiss, 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. Seller hereby holds Brown, Ward, Salzman & Weiss, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller 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 of this nature. Seller has read, or heard read, the full facts of this Affidavit and understands its context. ~y,L- Affiants have caused this Affidavit to be executed this ~/ day of May, 2002. AFFIANTS: LEWI5 BLUMBERG • ANITA D. BLUMBERG STATE OF C~i~ COUNTY O ~ I HEREBY CERTIFY that on this day, before me, an officer duly thorized in the State and County aforesaid to take acknowledgments, personally appeazed Lewis Blumberg, o me known personally to be the person described in the foregoing instrument, or o who has produced as identification. He has acknowledged before me that he executed the same for the purposes set forth herein, and ~heyd~id`~not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this d day of May, 2002. (Notary Seal) ~` _ ~ ;~~ ARY PUBLIC y Commission Expires: JUNE G.~HEf~fON, try F'l~ic ~Y Ca~nlle~dl6,~ly 16, 2(106 STATE OF ~G~~~ COUNTY OF ' ~- I HEREBY CERTIFY that on this day, before me, an officer duly auth zed in the State and County aforesaid to take acknowledgments, personally appeared Juanita D. Blumberg, to me~ kno___w __r_n_ n~rsonally to be the person described in the foregoing instrument, or ^ who has produced as identification. She has acknowledged before me that she executed the same for the purposes set forth herein, and she did not sweaz an oath. WITNESS my hand and official seal in the State and County last aforesaid this ~ d of May, 2002. -~- (Notary Seal) ~- TARY PUBLIC y Commission Expires: JUAN G. AI'l1EArON, vwtary F'tlillC 2 MyConMtlleelon E~plres Jay 16, 2006 FILE NO. 02031413 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 1971 LEE ROAD WINTER PARK, FL 32789 Phone: (407)647-1915 Fax: (407)647-1735 Agent File Number: 1193 Commitment No. ORT File Number: 02031413 SCHEDULE A 1) Effective Date: March 11, 2002 at 5:00 PM 2) Policy or Policies to be issued: Amount: a) ALTA Owners Policy Standard Form B 1992 STBD (amended 10/17!92 with Florida Modifications) Proposedlnsured: CITY OF WINTER SPRINGS, FLORIDA b) ALTA Standard Loan Policy 1992 (amended 10/17/92 with Florida Modifications) Proposedlnsured: 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: LEWIS BLUMBERG and JUANITA D. BLUMBERG, his wife 5) The land referred to in this Commitment is described as follows: That part of Lot 28, Block "8°, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Northwest corner of said Lot 28, Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in said Public Records, said point being a recovered ~'. inch iron pipe; thence run South 71°24'38" East along the North line of said Lot 28 a distance of 273.41 feet to the Point of Beginning; thence continue South 71°24'38" East for a distance of 60.00 feet; thence South 18°35'55" West for a distance of 455.13 feet; thence South 15°23'58" East for a distance of 81.26 feet; thence South 29°07'50" East for a distance of 160.12 feet; thence North 71°24'05" West for a distance of 78.57 feet; thence South 18°35'55" West for a distance of 90.00 feet, to the North right-of~n-ay line of First Street (30' right-of-way); thence North 71°24'05" West along said North right-of-way line for a distance of 13.00 feet; thence North 18°35'55" East for a distance of 92.16 feet, thence North 29°07'50" West for a distance of 98.13 feet, thence North 15°23'58" West for a distance of 106.82 feet, thence North 18°35'55" East for a distance of 473.47 feet to the Point of Beginning. This Commitment valid only if Schedule B is attached. ORDOCS COMMITMIIVI' COMM SUBDMS[ON MF01149 ,' .' FILE NO. 02031413 SCHEDULE B -SECTION II 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. General or special taxes and assessments required to be paid in the year 2002 and subsequent years. No (s).: 26-20-30-5AR-0 800-0280 10. Matters of the Plat of the D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, Plat Book 1, Page 5, Public Records of Seminole County, Florida 11. Public Recreational Easement recorded in O.R. Book 4101, Page 1025, Public Records of Seminole County, Florida. 12. Public Utility Easement recorded in O.R. Book 4046, Page 896, Public Records of Seminole County, Florida. 13. Ordinance recorded in O.R. Book 1886, Page 288, Public Records of Seminole County, Florida. TAX INFORMATION: PARCEL NO.: 26-20-30-5AR-0800-0280 2001 Taxes PAID in the gross amount of $1,625.74 and WAS NOT homestead. Taxes DO include more land than subject premises. ORDOCS COMMITMFIVT COMM SUBDIVISION MF01149 FILE NO. 02031413 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 LEWIS BLUMBERG and JUANITA D. BLUMBERG, husband and wife, to THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipality, conveying the property described in Schedule "A" herein. SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE ORDOCS COMMITMIIVT COMM SUBDIVISION MF01149