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HomeMy WebLinkAboutVendor's Affidavit Marshall E. and Sandra Lee Andich 4 et VENDOR'S AFFIDAVIT RECEIVED Marshall E. and Sandra Lee Andich AO'1 200 t1� STATE OF INDIANA ) _ 1) rt ) SS: � COUNTY OF 1��I1.3' ) q9 Marshall E. Andich and Sandra Lee Andich (jointly and severally, the"Vendor"), being first duly sworn, state that Vendor this day is 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, Purchaser has obt fined a commitment for an owner's policy of title insurance for the Reajstate under date of 10 1.- 10 ,issued by Hamilton Title Security, Inc., as Number 0)04'5 '6Q6 (the "Commitment"). Vendor has 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; 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 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 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. 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. Vendor: (a) is not acting, directly or indirectly, in any capacity whatsoever for any foreign country or national thereof; and (b) has full capacity to convey the Real Estate. 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. By: j(4 / /' arshall E. Andich By: L�'�'+oL•;r� Sandra Lee Andich ACKNOWLEDGMENT Before me, a Notary Public in and for the State of Indiana, personally appeared Marshall E. Andich and Sandra Lee Andich, who acknowledged the execution of the foregoing Vendor's Affidavit. WITNESS my hand and Notarial Seal this5 d. 4r, 2004. ra By: �•-%! �.�_ Notary -u•lic WILLIAM B.OLSEN Ste, , *0 My Comm.Exp: 06.30-C8 Printed Name: Res.of Hamilton Co. 3 el 10 I am a resident of County, Indiana. 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- Z:\Documents\Shoup, Jenny\City of Carmel\Arts District\Andich\Closing Documents\Vendors Affidavit-Marshall and Sandra.wpd Begin thirty-eight feet (38) west of the northeast corner of said lot and run south sixty-six feet (66) to the south line thereof, thence west with said line twenty-five (25), thence north sixty-six feet (66) to the north line of said lot, thence east with said line twenty-five (25) feet to the place of beginning. And, begin at the northeast corner of said lot Five (5) and run thence west thirty-eight feet, thence south sixty-six feet, thence east thirty-eight feet, thence north sixty-six feet to the place of beginning. Also, a strip two (2) feet wide off a part of the north side of Lot Six (6) in the original town of Bethlehem, now Carmel, described as follows: Begin thirty-eight (38) feet west of the northeast corner of said lot six (6) and run thence west twenty-five (25) feet, south two (2) feet, east twenty-five(25) feet,north two (2) feet to the place of beginning.