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No-Lien and Gap Affidavit NO-LIEN AND GAP AFFIDAVIT STATE OF FLORIDA COUNTY OF DADE ) ) ss . : BEFORE ME, the undersigned authority, personally appeared JAMES RESNICK, who, being by me first duly sworn, deposes and says: 1. That LEO JAMES INC., a Florida corporation is the owner ("Owner") of the following described real property ("Property"); to-wit: See Exhibit "A" for legal description. 2. There have been no labor, material or services furnished for the improvement of the Property which remain unpaid. 3. No additional improvements have been made to the real property subsequent to the original construction; no notices of proposed back assessments have been received from the Dade County Appraiser; and, no bill for back assessments has been received from the Dade County Tax Collector. 4. There are no claims, demands, liens or judgments outstanding against the Property and the Owner is not indebted to anyone as to such Property except for encumbrances revealed by the Public Records prior to May 23, 1994. 5. There are no matters pending against the Owner or any parties who have an interest in the Owner that could give rise to a lien that would attach to the Property between that date and the recording of the Warranty Deed to be insured. 6. Except for the Warranty Deed to be insured, Owner has not and will not execute any instrument that would adversely affect the title to the Property to be insured, nor permit any other authorized signatory of the Owner to do so. 7. There are no parties in possession of the Property and there are no parties who have a right to possession or who claim to have a right to possession of the Property other than the above- Owner. 8. The undersigned makes this Affidavit for the purpose of inducing CITY OF MIAMI BEACH to purchase the above Property. Sworn to before me this '.L day of - -J u ~"'<- , 1994. , Vice-President JAMES ~6~~ OT. Y UBLIC n:\work\lr\leoj.gap ","" ~ fi *W* "'?'~Of~' JOSEPH B RYAN III My Comminion CC318782 Expires Sep. 27,1997 Bonded by HAl 800-422-1556 1 THERREL BAISDEN Be MEYER WEISS PARCEL 1: The Westerly 62.50 feet of Lot 1, Block 34, Ocean Beach, Fla., Addition No.1, recorded in Plat Book 3, at Page 11 of the Public Records of Dade County, Florida. PARCEL 2: Air Rights contiguous and appurtenant to the easterly 13.16 feet of the aforesaid Lot 1. The vertical lower boundary of the Air Rights shall be at an elevation of 40.00 feet National Geodetic Vertical Datum (N .G. V .0.), 1929. The vertical upper. boundary shall be at an elevation of infinity. PARCEL: 3: Air Rights contiguous and appurtenant to the aforesaid Lot 1, less the Westerly 62.50 feet thereof; Also less the Easterly 72.68 feet of the Southerly 42.00 feet of Lot 1; Also less the Easterly 70.18 feet of the Northerly 8.00 feet of Lot 1. The vertical lower boundary of the Air Rights shall be at an elevation of 23 feet, National Geodetic Vertical Datum (N.G.V.D.), 1929. The vertical upper boundary shall be at an elevation of infinity. EXHIBIT "A" n:\work\lr\leoja.t..par THERREL BAISDEN & MEYER WEISS -