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Vendor's Affidavit Marshall E. Andich No 11 4 VENDOR'S AFFIDAVIT P f Marshall E. Andich f CEIVED STATE OF INDIANA Go mcs 2004 COUNTY OF oA-t3.4 ) '9 11 Marshall E. Andich (the "Vendor"), being first duly sworn, states that Vendor this •a' 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 ha obtained a commitment for an owner's policy of title insurance forth al Estate under date of I O tt O ,issued by Hamilton Title Security, Inc., as Number O i (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: . i /. Tars all E. Andich ACKNOWLEDGMENT Before me, a Notary Public in and for the State of Indiana, personally appeared Marshall E. Andich, who acknowledged the execution of the for-going Vendor's Affidavit. 0 V-2 WITNESS my hand and Notarial Seal thi :�'- .'1 , 2004. — il.WPFA -<1I By: - -!� ''r otary Pub lc Printed Name: I am a resident of County, Indiana. My commission expires . f '�'��,�'�� WILLIAM B.OLSEN My Comm.Exp: 06-30-08 "`m sEAL Res.of Hamilton Co. 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\Vendor's Affidavit-Marshall.wpd Parts of Lots 5 and 6 in the Town of Bethlehem (now Carmel) in Hamilton County, Indiana, as per plat thereof recorded in Deed Record "E", page 512, in the Office of the Recorder of Hamilton county, Indiana, more particularly described as follows: Beginning at the Southwest corner of said Lot 5; thence North on and along West line of said Lot 5, a distance of 36.0 feet; thence East parallel with South line of said lot 102 feet; thence South parallel with the West line of said lots 38.0 feet;thence East parallel with said South line a distance of 25 feet; thence North 2 feet to the North line of said Lot 6; thence East 38 feet to the East line of said lot 6; thence South on said East line 7 feet; thence West parallel to said North line of lot 6, 165 feet to the West line of said lot;thence North on said West line 7 feet to the place of beginning. 1, CC That part of the Lot No. 5 in the original plat of the Town of Bethlehem, now Carmel, Indiana, bounded as follows, to-wit: Begin at the Northwest corner of said Lot and run thence South 30 feet, East 102 feet,North 30 feet, West 102 feet to the place of beginning.