Laserfiche WebLink
prepared by a licensed Florida land surveyor before closing, or in the alternative, an update of an <br />earlier survey re -dated to a point in time within the last thirty (30) days which complies with the <br />Florida Minimum Technical Standards F.A.C. 5J -17 -051. <br />43. Conveyance. Seller shall convey title to the Property to Buyer by Warranty Deed (the <br />"Deed "), subject only to: (i) taxes for the year of Closing; and (ii) matters disclosed in the title <br />evidence provided to and accepted or deemed accepted by Buyer. <br />4.4. Closing Affidavit. At the Closing, Seller shall furnish Buyer with an affidavit (i) <br />testifying to the absence of any claims, encumbrances, taxes, assessments, liens or potential lienors <br />known to Seller not disclosed in the Title Commitment and Deed, (ii) farther attesting that there have <br />been no improvements to the Property by or through Seller for the ninety (90) day period immediately <br />preceding the date of Closing, the cost of which remains unpaid, (iii) agreeing to take no action prior <br />to recording the Deed which would adversely affect the title to the Property, (iv) testifying that <br />possession of the Property is subject only to those matters accepted by Buyer pursuant to the terms <br />hereof, if any, and that Seller is otherwise in exclusive, peaceable and undisputed possession of the <br />Property, and (v) testifying that there are no actions or proceedings now pending in any state or federal <br />court to which Seller is a party including, but not limited to, proceedings in bankruptcy, receivership <br />or insolvency, which would affect the Property, the title to the Property or Seller's ability to close on <br />the sale of the Property to Buyer except as disclosed in the Title Commitment. Seller shall also <br />furnish such other evidence, affidavits or information required by the Title Insurance Company so that <br />the Title Insurance Company will be able to eliminate all standard exceptions from the Title <br />Commitment at Closing, except for taxes for the year of Closing which are not yet due or payable. <br />4.5. Place of Closing. Closing shall be held by express courier or at the offices of Brown, <br />Garganese, Weiss & D'Agresta, P.A. or such other location as is mutually agreed upon by Buyer and <br />Seller. <br />4.6. Documents for Closing. Buyer's attorney shall prepare the Deed, Seller's affidavit, <br />closing statement, and any corrective instruments that may be required in connection with perfecting <br />title. <br />4.7. Expenses. Buyer shall pay for the cost of recording all corrective documents needed to <br />complete the transaction. Buyer shall pay the state documentary tax for the Deed and the title <br />insurance premium, and for recording the Deed. <br />4.8. Proration of Taxes; Real and Personal. Buyer acknowledges that the current year's <br />taxes will not be prorated at Closing, and Seller is not obligated to pay a pro rata share of the taxes due <br />for the year in which the Closing shall occur. <br />4.9. Special Assessment Liens. Special assessment liens which are certified, confirmed <br />and ratified as of the date of Closing are to be paid by Buyer. In the event there are charges, liens or <br />special assessments of any type that reduce the closing proceeds to Seller, then Seller may at his <br />discretion terminate this Contract. <br />2 <br />