Loading...
HomeMy WebLinkAboutVendor's Affidavit - Phase IIIa VENDOR'S AFFIDAVIT Phase Illa STATE OF INDIANA SS: COUNTY COUNTY OF /% �iro0 ) fidlci , in his capacity as Vece f -s(Wen( of The City of Carmel Redevelopment Commission (the "Vendor"), being first duly sworn, states that Vendor this day is conveying to Pedcor Office, LLC (the "Purchaser"), by a limited 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, Vendor has furnished to Purchaser a commitment for an owner's policy of title insurance for the Real Estate under date of , issued by as Number (the "Commitment"). Title to the Real Estate is free and clear of liens, leases, or encumbrances arising under, by, through, or based upon the actions of Vendor, except the following: 1. Easements, agreements, and restrictions of record disclosed in the Commitment; 2. Current taxes not delinquent; and 3. Whatever matters affecting the Real Estate, if any, that are disclosed in the Deed. Vendor has not executed, or permitted anyone on Vendor's 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. Vendor has made no contract to sell all or any part of the Real Estate to any person other than Purchaser, and Vendor has 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 at the request, or for the benefit, of Vendor, in respect of which liens have been or may be filed. ACKNOWLEDGMENT Before me, a Notary Public in and for the State of Indiana, personally appeared &c add , the Vice hi s i der/1 of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. WITNESS my hand and Notarial Seal this j) day of F 2004. By s Notary Public i Printed Name Ad/is @i'FFUSSel/ I am a resident of s n7C ge17 County, Indiana. My commission expires 7454007/007 . There is no judgment of any court of the State of Indiana, or of any court of the United States, by, through, or based upon the actions of Vendor that is or may become a lien on the Real Estate. No petition for bankruptcy has been filed by or against Vendor within the last six months, and no petition now is pending with respect to Vendor for bankruptcy, insolvency, or incompetency. Vendor is neither principal nor surety on any bond payable to the State of Indiana. The Real Estate is now in possession of Vendor, and no other person has a right to possession, or claims possession, of all or any part of the Real Estate by, through, or based upon the actions of Vendor, except as disclosed above. Vendor 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 by, through, or based upon the actions of Vendor. Vendor is not acting, directly or indirectly, in any capacity whatsoever for any foreign country or national thereof; Vendor is a redevelopment commission duly organized and existing under the laws of Indiana; the persons executing this affidavit and the Deed on behalf of Vendor are duly elected members of Vendor and fully have been empowered by proper resolution of Vendor to execute and deliver this affidavit and the Deed; and Vendor has full capacity to convey the Real Estate and all necessary action for the making of such conveyance has been taken and done. Vendor intends that: each of the statements made herein shall be construed as a representation; each of the representations is made for the purpose of inducing Purchaser to purchase the Real Estate; and each of the representations, whether construed jointly or severally, is true. Vendor expressly authorizes Purchaser and all other persons to rely on such representations. THE CITY OF CARMEL REDEVELOPMENT COMMISSION 'lam ,f Printed -� r-- Title: / ,/ cce / / S( cYe f-- File No.: 2043417 EXHIBIT A (Phase III) Part of the Northeast Quarter of Section 36, Township 18 North Range 3 East, in Hamilton • County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said quarter section; thence South 89 degrees 12 minutes 13 seconds West along the north line of said quarter section 1,177.71 feet; thence South 00 degrees 12 minutes 13 seconds West 26.53 feet; thence South 00 degrees 46 minutes 33 seconds East 554.73 feet; thence South 89 degrees 48 minutes 03 seconds West 60.05 feet to the western right-of-way line of Third Avenue as described in the deed to the City of Carmel Board of Public Works, recorded as Instrument number 99-9923663 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 46 minutes 33 seconds West along said western right- of-way line 162.24 feet to the southeast corner of Carmel City Center Phase II-East Parcel, described in the deed to Pedcor Office, LLC, recorded as Instrument number 2004-22999 in said Recorder's office; thence South 89 degrees 58 minutes 22 seconds West 197.13 feet along the south line of said Phase 11 to the southwest corner of said Phase 11 and the Point of Beginning of this description; thence South 89 degrees 58 minutes 22 seconds West 124.83 feet along the north line of the land described in the deeds to Pedcor Office, LLC, for Carmel City Center Phase I, recorded as Instrument numbers 2003-59244, 2003-59245 and 2003-59246 in said Recorder's office; thence North 00 degrees 00 minutes 00 seconds East 139.77 feet to the southern right-of- way line of City Center Drive described in Transfer Parcel 2 to the City of Carmel Board of Public Works, recorded as Instrument number 2004-22998 in said Recorder's office; thence South 89 degrees 54 minutes 04 seconds East 124.83 feet along said southern right-of-way line to the west line of said Phase II-East Parcel; thence South 00 degrees 00 minutes 00 seconds West 139.49 feet along said west line to the point of beginning and containing 0.400 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.