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HomeMy WebLinkAbout4050 244302 ACREEi~`T FOR DESD A,~~D ESTt)?PcL Ai~ID SOL1l5\CY Arr IDAViT STA?'E _ Fr.nczl0i~ COU\T1 QF ST. LUCIE ,7T~LY .T _ WTT.r.rn~.ig and , husba;ed aRd wife, being first duly 2nd separately sworn each or :~~mse1F and herself, depo~es and says; T}?at t~;~y are tne identical ~arties w:~o made, executed aad delivered t?~at certain deed to the Secretary of Housing and Urban Development, dated the ~ da} of __Q c,~yc.~ 19 72 , convsyir_g che follo~+ing dascribed property, to wit: Lot 7, Less the East 10 feet thereof, Block 2, LINDAS HILL, a subdivision according to the Plat thereof as recorsied in Plat Book 9, at Page 56 of the Public Records of St. Lucie County, Florida. That the aforesaid deed is an absolut~ convFyar_ce of title to tne said property to the Secretary of Housing and Urban Development, hereinafter called IiUD, as nominee of Federal National Mortgage Association, hereinafter called FNMA, in effect as well as in fcrm, ~r_d c:as not aad is not intended as a mortgage, trust conveyar.ce, or security of ar.q kind; tha~ pesession of said prop- erty has been surreadared to FN~ (or its nomiaze), or c+ill be surrendered oa the _f~_day of ~s-;~~~~e.1, , 19~~, and that th~ c~~sidsration for the aforesaid deed is: (1) paymant by at the request of deponents aad for tt-~eir accouat, of an amount sufficient to discharge t:~e liability exists, =or any taxes in the nature o.E transfer ta~e~ or recording taxes upon the convay~n~~, whe~her ar not such paym~n~ is required , to be st~.owa bq docu~entary stamps affised to said deed, :ec2ipt of w:~ich is hereby ack- r_owledged, and depor_~~ts t±ereby appoint FNMAthzir .a~er.: w~=;~ f~Il pow~r, for them and in their nam~, to pay and disc'~aro~ any such tax Iiability, aed to purc:ase and attach to said deed, and to cancel, any required docume~[a~-v stamps, iF and Wh~:i ar.y documen- tary stamps s:~all be reSuirzd; and that the f~irther crsnsiderat~on for tre af~resaid deed is: (2) tne full canceilacion of aZl notes, bo:~ds, obligatior.s, cos~s and cnargas secur- ed by a certain mortg2ge (in default~ heretofore existir_g on the pr~per~s Lherein and hereiab~~ore dsscribed and pxecuCed by as Q~rtgagors, to J. T. Stewart Mort a e ~n", Tnc-_, mortgage?, ate t e 22nd day of Mare , 19 71 , and recorded in Boo'_c 191 ~ Page ~57 of the mortgage records of St: Lu~~:e Coe:nty, State of Florida , and the release, s~~isiac*_ioR or cancellation of record by F~TI~IA~f s~id morcgage. Tnat [he aforesaid deed and cor_veyance was ~ade by the~e dzpo~ea~s as the result of their request that FNMA accept sucn deed in ExtinguistiQ~at of t:~eir dzbt and was their free and voluntary act; that zt the time oF inaking said deed these depoaezts believed and still believe that the mortgage indebted:~ess above ewntioned represznted the fair value oi [he property s~ deeded; that said dePd c.~as nct given as a preference against any o=her creditors of the depcnen~s or either of them; th~t at tre Ci~a it ~as given there ca~s no other p~rson, fir~ or corporatio-~, otner than FNr1A (or its nominee) inter- ested, 2ither directly or indirectlv in said ~;emis.~s; that ~hese 3epen~nrs ha~e no other crediror~ w:~oss rights would be pre}4diced ~y such conveyaace, and that deponents are not obligated upon a_~y d~bt *~r~ereby any lien has b~en crea~ed or exists aoai:~st the pre~ises described ia said deed; ar_d that deponents in o:ferir.g to ex2cute thQ aForesaid deed to tne graatee ti?erein, and ir. e:cecuting sa:ae, were not acting c:nder any ~e:r?ss, a:~dua in- fluer.ce, misapprehensioa or ~isrepresen~ation by FN~ (or its r_o-~ine2) or the agent or attorr_ey or any other representatit~e oE FNP~W (or i~s nominee), an3 th3t it was the inten- tioa of these deponea~s as grantors i~ said daed to cor_~ey and by said ~eQd these depon- eats did convey to the grZatee t:~arein all their right, title, and interest absolutely in a=_id to the premises described in said deed. ica~ the aforesaid deed and conv~yar.ce r~ade bJ t:~=s~ depo~ ents is e:{ecuted and del- ivered c,ith the e::press understan3~ng that its receipt the gracitee dces not constit- u[e legal delivery and shall be of n~ bir.diag £orce a;~d efiect cr;~a~soeter ~;~til such time as tnp sai.d de2d and t!~e release, sarisfaction or cancell;tioz or the liel of said oort- ~age are f iled f.or record in th~ recorder's o:zice of the counti ia c:hzch the property ' ~:1~43 a~~_~ ~a?~s $~QK~V~J PA^- r - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , "r«.