- 1 - PERPETUAL AERIAL EASEMENT ACQUISITION AGREEMENT ...

Exhibit 2Page 25 of 554. That no legal actions, Internal Revenue Service claims or state tax claims arepending or threatened that could ripen into a lien or encumbrance on the Property or theimprovements thereon.5. This affidavit is made for the purpose of inducing the County to part with valuableconsideration and consummate the acquisition of an Aerial Easement over the Property,and County is materially relying on the veracity of the contents hereof. The titleinsurance company selected by the County is relying upon the representations hereinmade in issuing title insurance. In this regard, the affiant(s) represents and warrants thatthe statements contained herein are true and correct in all respects.6. That for at least ninety (90) days prior to the date hereof, no material, labor orservices have been furnished, performed or supplied in connection with the Property forwhich payment has not been made in full; no material, labor or services have beencontracted to be furnished, performed or supplied at a future date in connection with theProperty for which payment has not been made in full; and there are no unpaidmechanic's, material provider's, or other liens affecting the Property, or any actual orpotential claims on account of any such material, labor or services.7. That to the best of Affiant's knowledge, no violations of municipal ordinances orother laws, statutes, rules or regulations pertaining to the Property exist, and no orders ornotices concerning any violations have been given to the Company or made against theProperty.8. That the Company alone is, and no other person(s), firm(s) corporation(s), orindividual(s) are, in control and possession of the Property, except Florida East CoastRailway Corp and under the recorded agreements and instruments that are identified inthe Title Commitment.9. That there are no existing contracts for sale, options to purchase or unrecordeddeeds, or mortgages or leases existing against the Property, except the Aerial EasementAcquisition Agreement between Broward County and FLORIDA EAST COASTRAILWAY, L.L.C.10. That there are no unrecorded easements on the Property.11. That the Company is not the subject of any bankruptcy proceeding (whetherliquidation, reorganization or other arrangement), nor is the subject of any otherinsolvency proceeding of any kind, and none of the foregoing types of proceedings arepending, contemplated or threatened.12. Affiant represents and warrants that there are no matters pending against Companythat could give rise to a lien that would attach to the Property between the date of the lastendorsement to the Commitment for Title Insurance dated ____, 2012, prepared by the