Seller's Affidavit_1 Prepared By:
True Title Florida Keys, Inc.
9 Ships Way
Big Pine Key, FL 33043
SELLER'S AFFIDAVIT
Order No.: 2021-394
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared Robin Pfahning, as Personal
Representative of The Estate of Jerome E. Pfahning, deceased, ("Affiant"), who being by me first
duly sworn, on oath, depose(s) and say(s)that:
I. The Estate of Jemrome E. Pfahning, deceased ("Seller") is the owner of and is selling to
Monroe County, Florida (the"Purchaser")the following described property:
On the Island of Stock Island, County of Monroe and State of Florida, and being Lot Four(4) of
WATER'S EDGE, a subdivision of Lots Twenty-one(21), Twenty-two (22), and Twenty-three
(23), Block Forty-five(45), according to Plat of GEORGE L. MACDONAL,D, recorded in Plat
Book One (1), Page 55, Monroe County, Florida Public Records. Said plat of WATER'S EDGE
being of record in Plat Book One (1) at Page 184, Monroe County, Florida, Public Records.
Together with any and all riparian rights thereunto belonging or appertaining.
SUBJECT TO conditions, restrictions, limitations, easements of record and zoning ordinances.
2. The above described property is free and clear of all liens, taxes, encumbrances and claims of
every kind, nature and description of record whatsoever, except for mortgage or mortgages, if
any, described in the Deed and except for real estate and personal property taxes for the year
2021, which are not yet due and payable and liens in favor of Monroe County, Florida.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the
above described property for which the costs thereof remain unpaid, that there are no claims for
labor or material furnished for repairing or improving the same, which remain unpaid since the
acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since
acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Monroe County subsequent to
September 23, 2021, which affect title to the Property and Seller has not entered into any
contracts for the sale, disposition or leasing of the Property since said date except as may have
Seller's APficdavit
Page i 1
been disclosed to True Title Florida Keys, Inc. in writing, and Seller has no knowledge of any
matter affecting title to the Property.
5. The personal property contained in the building on said property, or on the said premises, and
which, if any, is being sold free and clear of all liens, encumbrances, claims and demands
whatsoever, except for liens in favor of Monroe County, Florida.. The Seller knows of no
violations of Municipal or County Ordinances pertaining to the above described property. No
judgment or decree has been entered in any court in this State or the United States against said
Seller which remains unsatisfied. There are no persons other than Seller in possession of the
above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount
from the figures used in making the prorations used in closing the transfer and conveyance of the
above described property to said buyers, then a new proration and a correct and proper
adjustment will be made upon demand by Buyer and to resolve same directly with Buyer.
7. Pursuant to the federal Dodd-Frank Act, if Seller is providing financing for the subject sale,
Seller represents that Seller did not construct or act as a contractor for any residential structure
on the Property, and Seller has not and shall not provide seller financing for any other property in
a 12 month period of time. Seller acknowledges that violation of this paragraph may constitute a
violation of the Dodd-Frank Act that may result in penalties and affect the Seller's loan and
mortgage for the subject Property.
8. There are no matters pending against the Seller that could give rise to a lien that would attach to
the property between the effective date of commitment and the recording of the interest to be
insured. Seller has not and will not execute any instruments that would adversely affect the
interest to be insured.
9. Seller's title to, and possession and enjoyment of, the property have been open, notorious,
continuous, peaceable and undisturbed, and have never been disputed nor questioned.
10. There are no disputes concerning the boundary lines of the property, and the operation of any
buildings on said property has been in compliance with the applicable building codes, ordinances
and statutes.
1 1. Affiant has received no notice of any public hearing regarding assessment for improvements or
changes in applicable zoning laws concerning said property within the past ninety (90) days.
12. There are no actions or proceedings now pending in any State or Federal Court to which the
Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or
insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which
constitute or could constitute a charge or lien upon said property, except liens in favor of Monroe
County, Florida..
Seller's Affidavit
Page',?
13. There are no unrecorded easements, claims of easement or rights-of-way affecting all or any
portion of the property.
14. 'This affidavit is given for the purpose of clearing any possible question or objection to the title to
the above referenced property and, for the purpose of inducing True Title Florida Keys, Inc.
and Chicago Title Insurance Company to issue title insurance on the subject property, with the
knowledge that said title companies are relying upon the statements set forth herein. Seller
hereby holds True Title Florida Keys, Inc. and Chicago Title Insurance Company harmless
and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought
or not, and at trial and all appellate levels, and court costs and other litigation expenses) with
respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural
as context so requires or admits. This affidavit is made under the penalties of perjury. Seller
further states that he/she is familiar with the nature of an oath and with the penalties as provided
by the laws of the United States and the State of Florida for falsely swearing to statements made
in an instrument of this nature. Seller further certifies that he/she has read, or heard read,_ the full
facts of this Affidavit and understands its context.
Affiant makes this Affidavit for the purpose of inducing Chicago Title Insurance Company to authorize
True Title Florida Keys, Inc. to issue Chicago Title Insurance Company its Policy or Policies of Title
Insurance in connection with the above referenced transaction(s).
The E, oflierome E. fahnifig -
BYt' y � ?
Rabid Pfahning., rsonlRepresentative Date
STATE OF FL.( II A ,,.,.,W
COUNTY OF MONROE
The foregoing instrument was sworn to and subscribed before me by means of Physical Presence
or Online Notarization this _/ `% day of November, 2021 by Robin Pfahnin, Personal
Representative of The Estate of Jerome E. Pfahning, deceased.
Personally known L°
or Produced Identification
Type of Identification Produced
a
Notary Public
Print Name: x
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Seller's Affidavit
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