TX Final Affidavit and Agreement 1

STATE OF TEXAS§

§

___________ OF ____________§

On this _____ day of ___________________________, 20___, before me personally appeared ___________________________, Owner of Property, and _____________ ______________, General Contractor, to me personally known, who, being duly sworn on their oaths, did say that all of the persons, firms and corporations including the general contractor and all subcontractors who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full and that such work has been performed to satisfaction and accepted by owner as of date herein. (If any person has not been paid, add "except the following: [state the amount owed and the name and, if known, the address and telephone number of each person to whom payment is owed]."

Affiants further say that no claims have been made to either of the affiants by, nor is any suit pending against affiants by any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale, security agreements or financing statements have been given or are outstanding as to any materials, appliances, fixtures or furnishings placed upon or installed in the below mentioned premises. Owner is not indebted to any person by reason of any construction on the real estate. (If any person has not been paid, add "except as stated in the prior paragraph.")

Affiants as parties hereto do for a valuable consideration hereby agree and guarantee to hold Stewart Title Guaranty Company (by reason of the fact that is has issued or will issue in the future its title insurance policies), harmless against any lien, claim or suit of or by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages or conditional bills of sale, security agreements or financing statements in connection with the construction or repair of such building or improvements on said real estate.

The real estate and improvements referred to herein are situated in the _______________

___________________________ of ___________________________ State of _______, and are described as follows, to-wit:

___________________________

OWNER OF PROPERTY

___________________________

OWNER OF PROPERTY

___________________________

GENERAL CONTRACTOR

Executed, subscribed and sworn to before me the day and year above written.

Notary Public

My Commission Expires:

NOTE: FOR USE WHEN OWNER AND GENERAL CONTRACTOR ARE NOT THE SAME.