TX Affidavit of Improvements and Encroachments by Sellers or Borrowers 1

AFFIDAVIT OF IMPROVEMENTS AND ENCROACHMENTS BY SELLERS OR BORROWERS (4/00)

THE STATE OF TEXAS§

§

COUNTY OF _______________§

BEFORE ME, the undersigned authority, on this day personally appeared ___________________________ and ____________________, Affiants, being by me first duly sworn upon their oath did depose and say:

1.That Affiants are the Grantees in the Deed recorded in _______________ Records of _______________ County, State of Texas ("Deed").

2.That Affiants are the owners of the following described property ("Property"):

3.(Applicable if Affiants are not selling the Property in the current transaction) That Affiants have executed and delivered a Deed of Trust or Mortgage to ___________________ ("Lender"), covering the Property.

4.That Affiants have delivered to _________________________ ("Title Company") a plat of Survey prepared by ____________________________________ and dated ____________________, _____ ("Survey").

5.The Affiants have actual knowledge of the Property since the date of the Deed.

6.That since the date of the Deed (or Survey, if the date of Survey is later), there have been no:

i. construction projects such as new structures, additional rooms, garages, swimming pools or deckings;

ii. changes in the location of boundary fences or boundary walls;

iii. construction projects on immediately adjoining property(ies) which construction occurred near the boundary of the Property; and

iv.conveyance or replattings or easement grants or easement dedications by the Affiants.

7.If the date of Deed is subsequent to the date of Survey, the Affiants have no actual knowledge of the following that occurred subsequent to the date of Survey:

i. construction projects such as new structures, additional rooms, garages, swimming pools or deckings;

ii. changes in the location of boundary fences or boundary walls; and

iii. construction projects on immediately adjoining property(ies) which construction occurred near the boundary of the Property.

8.That Affiants agree that the Lender or Buyer from Affiants (where applicable) is relying upon this affidavit in making the loan evidenced by the Deed of Trust or Mortgage.

9.That Affiants agree that the Title Company as issuing agent for Stewart Title Guaranty Company ("Underwriter") and Underwriter are relying upon this affidavit (a) to insure the lien created by the Deed of Trust or Mortgage and to amend the Mortgagee Title Policy area and boundary exception, subject as to "any shortages in area" and other exceptions Title Company or Underwriter deems appropriate, and (b) if the Underwriter amends the area and boundary exception to the Owner Policy issued to the buyer from Affiants, to insure title to the buyer and to amend the Owner Title Policy area and boundary exception, subject as to "any shortages in area" and other exceptions Title Company or Underwriter deems appropriate.

__________________________Affiant

__________________________Affiant

THE STATE OF TEXAS§

§

COUNTY OF _________________§

SWORN TO AND SUBSCRIBED BEFORE ME by ____________________ and ______________________________, on this _____ day of ___________________, 20_____, to which witness my hand and seal of office.

_____________________________________

Notary Public, State of Texas

_____________________________________

Printed Name of Notary

My Commission Expires: ________________

NOTE: UNDERWRITER AND TITLE COMPANY MAKE NO REPRESENTATION CONCERNING THE ACCURACY OF THIS AFFIDAVIT OR SURVEY. ANY COVERAGE RELATING TO ENCROACHMENTS, BOUNDARY CONFLICTS AND OTHER MATTERS IS PROVIDED ONLY BY THE EXPRESS TERMS OF THE POLICY OF TITLE INSURANCE ISSUED TO THE INSURED.