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Home My WebLink AboutVendor's Affidavit VENDOR'S AFFIDAVIT STATE OF INDIANA ) ) SS: � COUNTY OF Inn,o.-ro�) John F. Hays and Laurence Grabb (the "Vendors"), being first duly sworn, state that Vendors this day are conveying to the City of Carmel Redevelopment Commission (the "Purchaser"), by warranty deed (the "Deed"), certain real estate located in Hamilton County, Indiana, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the"Real Estate"). In connection with the sale of the Real Estate, Vendors have furnished to Purchaser a commitment for an owner's policy of title insurance for the Real Estate under date of November 16, 1999 issued by Hamilton Title Security, Inc., as Number 993307(the"Commitment"). Vendors have an indefeasible estate in fee simple in the Real Estate; and the Real Estate is free and clear of liens, leases, or encumbrances, except the following: 1. Easements, agreements, and restrictions of record disclosed in the Commitment; 2. Current taxes not delinquent; 3. Whatever matters affecting the Real Estate, if any, that are disclosed in the Deed; and 4. Leases with those tenants set forth on Exhibit B, attached hereto and incorporated herein by reference(the"Tenants"). Vendors have not executed, or permitted anyone on Vendors' behalf to execute, any conveyance, mortgage, lien, lease, security agreement, financing statement, or encumbrance of or upon the Real Estate or any fixtures attached thereto, except as stated above, that now is outstanding or enforceable against the Real Estate. Vendors have made no contract to sell all or any part of the Real Estate to any person other than Purchaser, and Vendors have not given to any person an option to purchase all or any part of the Real Estate, that is enforceable or exercisable now or at any time in the future. There are no unpaid claims for labor done upon, or materials furnished for, the Real Estate in respect of which liens have been or may be filed. The improvements upon the Real Estate all are located entirely within the bounds of the Real Estate, and there are no encroachments thereon. There are no existing violations of zoning ordinances or other restrictions applicable to the Real Estate. There is no judgment of any court of the State of Indiana, or of any court of the United States, that is or may become a lien on the Real Estate. No petition for bankruptcy has been filed by or against Vendors within the last six months, and no petition now is pending with respect to Vendors for bankruptcy, insolvency, or incompetency. Vendors are neither principal nor surety on any bond payable to the State of Indiana. The Real Estate is now in possession of Vendors and the Tenants, and no other person has a right to possession or claims possession of all or any part of the Real Estate. Vendors will deliver possession of the Real Estate to Purchaser on the date hereof, free and clear of any right or claim of any person to the possession of the Real Estate, except those of the Tenants. Vendors: (a) are not acting, directly or indirectly, in any capacity whatsoever for any foreign country or national thereof; (b) are United States citizens; and (c) have full capacity and authority to convey the Real Estate and execute and deliver this Vendor's Affidavit. Vendors intend that:: (a) each of the statements made herein shall be construed as a representation; (b) each of the representations is made for the purpose of inducing Purchaser to purchase the Real Estate; and (c) each of the representations, whether construed jointly or severally, is true. Vendors expressly authorize Purchaser and all other persons to rely on such representations. By: l'd-c`---e' John -ays B • / : ■ at ' Laurence Grabb ACKNOWLEDGMENT Before me, a Notary Public in and for the State of Florida, personally appeared John F. Hays,who acknowledged the execution of the foregoing Vendor's Affidavit. WITNESS my hand and Notarial Seal this/,day of di,1,... Li. . ,2 00. . OFFICIAL BfrAL l i LINDA M. FULTZ "-i�rf l ? )4 L / 7 1 Notary Public. Stain of Florida )Notary Public commission# CC V65908 J Comm. Exp_A29, 2003 ---- u ' rinted Linda M. Fultz Name: /_/A/U/r' /�'/. /71 i -I .�.-. I am a resident of,.. ni;ik-a.•,•, I\ County, Florida. My commission expires X/�1�)!�C c. . Before me, a Notary Public in and for the State of Indiana, personally appeared Laurence Grabb,who acknowledged the execution of the foregoing Ven or's Affidavit. WITNESS my hand and Notarial Seal this da ..,,VP,��'1 2000. �.'„ .�� By: �0I►�.�� ary Pu. Printed Name: _CRY P��f cs WILLIAM B.OLSEN 7+ * My Comm.Exp: 6-30-00 , Indiana. Res.of Hamilton co. I am a resident of County, %S ANA My commission expires . This instrument was prepared by Jennifer Shoup, Attorney-at-Law, Wallack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46204. -2- A:\Vendor's Affidavit-G a H to CRC.wpd Pile No.: 993307 EXHIBIT A That hart of Lot Number Three (3) and Lot Number Four (4) in Carey's Addition (an unrecorded addition) to the Town of Carmel, Indiana, and part of the Southeast Quarter of Section Twenty- five (25), Township Eighteen (I8) North, Range Three (3) East more specifically and truly described as follows: Tract 111: Beginning Thirty-five (35) rods West and One hundred thirty-two (132) Feet South of the Northeast corner of said Quarter Section, thence South Twenty-lour (24) feet, thence Fast parallel with the North line of said Quarter Section Fifty-two (52) feet, thence North "Twenty-four (24) feet, thence Fast parallel with the North line of said Quarter Section Fifty-two (52) feet to the place of beginning. Tract 1/2: Beginning 'Thirty-five (35) rods West and One hundred Fifteen (I I5) feet South of the Northeast corner of said Quarter Section, and run thence South Seventeen ( I7) feet, Fast Lifly- two feet, North Seventeen (17) feet and West Fifty-two (52) feet to the place of beginning, in Hamilton County, Indiana. Tract 113: Beginning Thirty-five (35) rods West of the Northeast corner of said Southeast Quarter and run thence South One hundred Fifteen (115) feet; thence East Fifty-two (52) feet; thence North One hundred fifteen (1 15) feet; thence West Fifty-two (52) feet to the place of beginning, Hamilton County, Indiana. Tract 114: Beginning Twenty-eight rods (28) Eleven and One-half (I1-1/2) feet West of the Northeast corner of said Quarter Section, run West fifty-two (52) feet, South One hundred Iifly- six (I56) feet, East Fifty-two (52) feet, North One hundred fifty-six (I56) feet to the place of beginning. Tract 1/5: A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, located in the Clay Township, Ilan-talon County, Indiana, being more specifically described as follows: i Beginning at a point on the North line of the Southeast Quarter of Section 25, 'Township 18 North, Range 3 East, said place of beginning being South 89 degrees 01 miriutes 00 seconds West (assumed bearing) 406.50 feet from the Northeast corner of said Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds 156.17 feet parallel with the East line of said Southeast Quarter; thence South 89 degrees 01 minute 00 seconds West 52.00 feet; thence North 00 degrees 00 minutes 00 seconds 156.17 feet to a point on the North line of said Southeast Quarter; thence North 89 degrees 01 minute 00 seconds East 52.00 feet to the place of beginning. Tract 116: A part of the Southeast Quarter of Section 25, 'Township 18 North, Range 3 East, bounded and described as follows: Commencing Thirty-Five rods West and ten rods and five feet South of the Northeast corner of said Quarter Section, thence running South One I Iundred Twenty-Eight feet, thence West One 1-kindred and Four feet, to the place of beginning, and being known as Lots 5 and 6 Carey's Addition to Carmel. Tract 117: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, and more particularly described as follows: Beginning 24 rods, 10 V2 feet West and 10 rods 9 feet South of the Northeast corner of the Southeast Quarter of said Section 25, Township 18 North, Range 3 East, run thence. South 126 feet, thence West 52 feet, thence North 126 feet, thence East 52 feet to the place of beginning, except five feet off the entire East side thereof. Also, alleys vacated as per Ordinance I)-588, recorded as Instrument No. 88-11576, Continued Said real estate is now more specifically described as follows: Apart of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning at a point on the North line of said Quarter Section being South 89 degrees S I minutes 35 seconds West (assumed bearing) 406.50 feet from the Northeast corner of said Quarter Section; thence South 00 degrees 5 I minutes 36 seconds West, parallel with the Fast line of said Quarter Section, 1 74.00 feet; thence South 89 degrees 51 minutes 35 seconds West, parallel with said North line 5.00 feet; thence South 00 degrees 51 minutes 36 seconds West, parallel with said East line, 126.00 feel; thence South 89 degrees 51 minutes 35 seconds West, parallel with said North line, 47.00 feet; thence North 00 degrees 51 minutes 36 seconds East, parallel with said East line, 2.00 feet; thence South 89 degrees 51 minutes 35 seconds West, parallel with said North line 119,00 feet; thence North 00 degrees 51 minutes 36 seconds East, parallel with said Fast line. 298.00 feet to a point on said North line; thence North 89 degrees 51 minutes 35 seconds East 171.00 feet to the point of beginning, and containing 1.158 acres, more or less. NOTE: The acreage shown above is included for descriptive purposes only. The policies, when issued, should not be construed as to insuring the amount of acreage included therein. t EXHIBIT B Tenants 1. Ultimate Designs Hair Salon, Inc., and Loretta M. Babineau 2. Timothy J. Hawkins and Laurelee Hawkins 3. Barbara Ann Godby, d/b/a Four Seasons Beauty Salon 4. James and P.J. Schnejpppfiester