Loading...
HomeMy WebLinkAbout0986 A RE M ~U~86 ~ G E ENT FOR DEED AND ~ ~ ESTOPPEL AND SOLVENCY AFFIDAVIT ~ { ~ ~ ~TATE OF FLORIDA ~ COUNTY OF ,S`!: LU~(L° ~ ~ WILLIAM L. GRISSOM, the President of LANDMARK CONSrRUCTION & DESIGN, INC., a Florida Corporation being first duly sworn, did ~ depose and say: That Landmark Construction & Design, Inc., a Florida Corporation is the identical party which made, executed and delivered that certain deed to HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, of even date herewith conveying ' the following described property, to wit: ~ Lot 39, B1oCk 21, INDIAN RIVER ESTATES, CTNIT N0. ~ 8, according to the Plat thereof, as recorded in Plat Book 10, Page 73, of the Public Records of St. Lucie County, F'lorida. That the aforesaid deed was an absolute conveyance of the title to said premises to the grantee named therein in effect as well as in form, and was and is not intended as a mortgage, trust conveyance, or security of any kind, and that possession of said premises has been surrendered to Harbor Federal Savings and Loan Association; that the consideration for the aforesaid deed is the full cancellation of all notes, debts, obligations, costs and charges secured by a certain mortgage (in default) heretofore existing on the property therein and hereinbefore described and executed by Landmark Construction & Design, Inc., as mortgagor, to Harbor Federal Savings and Loan Association as mortgagee, dated July 23, 1985, recorded in 0. R. Book 439, Page 1842, of the public records of St. Lucie County, Florida, and the release, satisfaction or cancellation of record by 8arbor Federal Savings and Loan Association of said mortgage. That the aforesaid deed and conveyance was made by the deponent herein as the result of its request that Harbor Federal Savings and Loan Association accept such deed in extinguishment of their debt and was its £ree and voluntary act; that said deed was not given as a preference against any other creditors of deponent; that at the time it was given there was no other - person, firm or corporation, other than Harbor Federal Savings and Loan Association, either directly or indirectly interested in 1 said premises; that deponent has no other creditors whose ~ rights would be prejudiced by such conveyance, and that deponent ; is not obligated apon any debt whereby any lien has been created ~ or exists against the premises described in said deed; and that ~ deponent in offering to execute the aforesaid deed on behalf of said corporation to the grantee therein, and in executing the same, was not acting under any duress, undue influence, misapprehension or misrepresentation by Harbor Federal Savings and Loan Association, or the agent or attorney or any other representative of Harbor Federal Savings and Loan Association, and that it was the intention of said deponent as grantor on said deed to convey and by said deed it did convey to the grantee therein all its right, title and interest absolutely in and to the premises described in said deed. That the aforesaid deed and conveyance made by said corporation is executed and delivered with the express understanding that its receipt by the grantee does not constitute legal delivery and shall be of no binding force and effect whatsoever until such time as the said deed and release, satisfaction or cancellation of the lien of such mortgage are filed for record in the recorder's office of the county in which the property is situated, at which time the full legal and equitable title shall vest in the grantee, but it is the ~ntention of the parties, supported by the representations and au ;X `~~s QsUE FEE, BRYAN, KOBLEGARD,TEEL S KENNEY, P. A. _ - - ~ . . . - - - - ~ ~r~ :~.~.~c=y.. -