Vendor's Affidavit VENDOR'S AFFIDAVIT
STATE OF INDIANA
— ' ) SS:
COUNTY OF �A4in‘t )
Wayne L. Beverage, in his capacity as the President of WLB Associates, Inc., an Oklahoma
corporation (the "Vendor"), being first duly sworn, states that Vendor this day is conveying to The City of
Carmel Redevelopment Commission(the"Purchaser"),by corporate 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 obtained 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 993297 (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;
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").
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. 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 the Tenants, 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, except those of the Tenants.
Vendor is not acting,directly or indirectly, in any capacity whatsoever for any foreign country
or national thereof;Vendor is a corporation duly organized and existing under the laws of Oklahoma, and is
authorized to do business in the State of Indiana; the persons executing this affidavit and the Deed on behalf
P
i
of Vendor are duly elected officers 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 corporate capacity to convey the Real
Estate and all necessary corporate 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.
WLB ASSOCIATES, INC.
By: ` i`vilillallii
/ •ayne L. Beverage, President
ACKNOWLEDGMENT
Before me, a Notary Public in and for the State of Indiana, personally appeared
Wayne L. Beverage,the President of WLB Associates, Inc.,who ackno, -dged the execution of the foregoing
Vendor's Affidavit on behalf of such entity.
WITNESS my hand and Notarial Seal thi _day o M.�, O j
4
By: `,�!`it --
,�PRYPos •tary Public
p �� WILLIAM B.OLSEN
�' My Comm.Exp: 6-30-00
* Res.of Hamilton Co. Printed Name:.
/iypl ONP
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.
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Z \Documents\Shoup, Jenny\City of Carmel\Main Street Redevelopment\Beverage Property\Vendor's Affidavit.wpd
File No.: 993297
•
EXIEWIT A.
Lots numbered 1, 14, part of Lots Numbered 2 and 13 and the first alley South of Main Street
which extends between 2nd Avenue S. W. and the railroad (now vacated by an order recorded
April 30, 1976, in Miscellaneous Record 148, page 595, in the Office of the Recorder of
Hamilton County, Indiana) in Ira Mendenhall's Addition to Bethlehem (now Cannel, Indiana)
the plat of which is recorded in Deed Record 23, page 81, in the Office of the Recorder of
Hamilton County, Indiana, more particularly described as follows:
Beginning at the northeast corner of Lot Numbered 1 in Ira Mendenhall's Addition to Bethlehem
(now Cannel, Indiana); thence South on the East line of Lot 1, the Southerly prolongation thereof
and the East line of Lot Numbered 14 a distance of 279 feet to the Southeast corner of said Lot
14; thence Westerly on the South line of said Lot 14 and the South line of Lot 13 a distance of
127.3 feet to a point that is 21.00 feet East of the centerline of the main track of the Monon
Railroad; thence North parallel with said centerline 279 feet to the North line of Lot 2 in said Ira
Mendenhall's Addition; thence Easterly on said North line and the North line of Lot 1 aforesaid a
distance of 131.0 feet to the beginning point.
End of Legal Description
EXHIBIT B
Tenants
1. The City of Carmel, Indiana, by and through its Board of Public Works and Safety