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44'7'726 ~
A F F I D A V I T
RE: An undivided 52/90ths interest in: The NW 1/4 of the NW 1/4
of Section 25 and the SW 1/4 of the SW 1/4, the NW 1/4 of the
SW 1/4 and the SW 1/4 of the NW 1/4 of Section 24, all in
Township 34 South, Range 38 East, St. Lucie County, Florida.
STATE OF FLORIDA .
COUNTY OF ST. LUCIE
BEFORE ME, the undersigned authority, an officer duly authorized
in the State and County aforesaid to administer oaths, personally
appeared JOHN MERK,~ hereinafter referred to as "Affiant", to me
well known and who, being by me first duly sworn, says:
1. That Affiant is President of Indrio Groves, Inc., a Florida
corporation, and the owner of certain blocks of Indrio Groves and
as such he has knowledge of the facts herein set forth.
2. That the above described real property serves as a Reservoir
for Indrio Groves, Plat Book 12, page 48, of the public records of
St. Lucie County, Florida, that has, for a period in excess of 10
years, been under the care, custody, control and in the possession
of Affiant and Indrio Groves, Inc., a Florida corporation, either
as legal titleholder or as Lessee under a certain long-term
lease given by Sybil Levity Culverhouse, et al, to Affiant,
and later assigned by him to Indrio Groves, Inc., which lease
and assignment appear among the public records of St. Lucie
County, Florida.
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3. That the. respective possessions of Affiant and Indrio
Groves, Inc., has been open, hostile, notorious, continuous, j
exclusive, uninterrupted, and peaceable during said period
in excess of 10 years, and Affiant states that the respective
possessions of himself and of Indrio Groves, Inc., has never been
questioned by any persons whomsoever; that to the best of his
knowledge and belief, during the tenancy by virtue of the lease
described in the immediately preceding paragraph, the legal
ownership of Sybil Levity Culverhouse, et al, was never questioned
or attacked, and subsequent to October 25, 1979, the legal ownership
of Indrio Groves, Inc., as Trustee, has not been questioned or
attacked.
4. Affiant states that the above described real property
is free and clear of all encumbrances and liens excluding
that of a first mortgage owned and held by Sybil Levity Culverhouse,
et aI, recorded in O. R.Book 319, page 704 of the public records
of St. Lucie County, Florida, and those created by D. K. Richardson,
et al, as a part of the purchase of an undivided 52/90ths interest
in and to the above described real property, which is intended to
be induced hereby; that there has been no labor performed or
materials furnished on the above described lands at any time
during the past 90 days for and in connection with the repair
of any pumps or other drainage or irrigation equipment, dikes,
ditching, fencing, or any other repairs or improvements for
which payment has not been made in full and for which any
mechanics or materialmen may claim a lien.
5. That the above described real property serves as a Reservoir,
and no part of same has ever been o upied as a homes ad by anyone
for a period in excess of 10 years.
Further, Affiant sayeth not.
44;'7'726
Joh e c
~y$wdrn' Co and subscribed before me
.
~'.•ttiis''~Atih; day of November , 1979 .
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. Nota~Public, State of Fla. at Large clEkr. ' . '
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