Seller's Affidavit_2 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, ("Affiant"), who being
by me first duly sworn, on oath, depose(s) and say(s) that:
1. Robin Pfahning ("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 Three (3) 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. MACDONALD, 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 hens 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 been disclosed
to True Title Florida Keys, Inc. in writing, and Seller has no knowledge of any
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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 for liens in favor of Monroe County, Florida.
13. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion
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of the property.
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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).
> obi h Pfahning w Date
STATE OF FLORIDA
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 Pfahning.
Personally known I,/
or Produced Identification
Type of Identification Produced
Notary Public
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