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<br />This instrument prepared by:
<br />Sherry M. Newgent
<br />Linsky & Reiber Real Estate & Title Services
<br />26650 Wesley Chapel Blvd., Ste D
<br />Lutz FI 33559
<br />Tel: 813-907-7749
<br />
<br />TITLE AFFIDAVIT
<br />
<br />File No. 04-1905P
<br />
<br />BEFORE ME, the undersigned authority, personally appeared Wesley F. Browning and Brenda S. Browning, husband
<br />and wife, Sellers (hereinafter called "Sellers" or "Affiants") and Butterfield Mobile Home Service, Inc., a Florida
<br />Corporation, Buyer (hereinafter called the "Buyers", "Borrowers" or "Affiants"), who upon first being duly sworn by me,
<br />deposed and stated as follows:
<br />
<br />1. That the Sellers are the true owners of the following described property:
<br />
<br />Lots 6 and 7, Block 57, CITY OF ZEPHYRIllLLS (formerly Town of Zephyrhills), according to the map or
<br />plat thereof, as the same is recorded in Plat Book 1, Page 54, of the Public Records of Pasco County, Florida.
<br />
<br />2. That Sellers/ Affiants have been in. full, continuous, open, exclusive, peaceable and undisputed possession of said
<br />property since the time of investing of title to said property in Affiants, that there are no parties who may have any
<br />interest or right to claim an interest in said property other than Affiants, and that there are no facts known to Affiants
<br />which could give rise to a claim being asserted against said property, except: NONE
<br />
<br />3. That except in connection with the sale and purchase of the real property described above and the subject of this
<br />Affidavit, Affiants have not entered into any Agreement, Contract, Conunitment or Option which otherwise affects
<br />said property, except: NONE
<br />
<br />4. That there are no taxes, liens or assessments which are due or about to become due or which have attached or could
<br />attach to said property except as shown on the Settlement Statement.
<br />
<br />5. That Affiants are oflegal age, under no legal disabilities and have never been known by any other name than as shown
<br />above.
<br />
<br />6. That the marital status of Affiants are exactly as shown on the d,ocuments to be recorded in connection with this
<br />transaction (especially the Deeds and the Mortgages).
<br />
<br />7. That there are no actions or proceedings now pending in State or Federal Court to which the Affiants are a party
<br />including, but not limited to, proceedings in Bankruptcy, Receivership or Insolvency, except: NONE
<br />
<br />8. That there are no judgments, mortgages, encumbrances or liens of any nature affecting said property, except: NONE
<br />
<br />9. That there have been no improvements, repairs, additions or alterations performed upon said property within the past
<br />90 days. That Affiants have not entered into any agreement or contract with any party for the furnishing of any labor,
<br />services or material in connection with any improvements, repairs, additions or alterations to said property. (Excluding
<br />current repairs which sellers are paying for).
<br />
<br />10. That Affiants know of no unpaid utilities with respect to the aforesaid property, and hereby agree to hold Linsky &
<br />Reiber Real Estate & Title Services harmless for same and indemnify Linsky & Reiber Real Estate & Title
<br />Services in the event any such utilities may be outstanding, to the extent the same prove to be the responsibility of
<br />either Affiants.
<br />
<br />11. To the extent the closing agent/title agent chooses to use an interest bearing account in connection with the collection
<br />and/or disbursement of proceeds in'connection with the purchase/sale or refinance of the property described. Affiants
<br />waive any claim to said interest, absent a specific written agreement with the closing agent/title agent to the contrary.
<br />
<br />12. The undersigned parties acknowledge that the closing Agent and/or Lender have prepared documentation for the above
<br />closing based on figures and information given to said Closing Agent and/or Lender and said documentation could'
<br />contain clerical errors, omissions or mistakes.
<br />
<br />13. In the event that any such error, omission or mistake requires the payment of monies, the undersigned parties hereby
<br />agree to pay the amount due within three days of receiving notice thereof, and the undersigned agree t9 indemnify and
<br />hold the Closing Agent and/or Lender harmless from all liability in acting as the escrow agent hereunder. In the event
<br />Closing Agent and/or Lender is required to hire an attorney to enforce the provisions of this Agreement, the
<br />undersigned agree to pay all costs of collection, including reasonable attorneys fees, costs, whether or not suit is
<br />brought.
<br />
<br />j ~ ;
<br />
<br />File No.: 04-1905P
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