TX Final Affidavit and Agreement 2

STATE OF TEXAS§

§

__________ OF ___________§

On this _____ day of ___________________________, 20___, before me personally appeared ___________________________, President of _______________________ ______________, 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 fully completed and accepted by owner.

Affiant further says that no claims have been made to affiant by, nor is any suit pending against affiant by any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale, retention of title agreements, security agreements, financing statements, or personal property leases have been given or are outstanding as to any fixtures, appliances, or equipment which are now installed in or upon said real property, or in the improvements thereon.

Affiant on behalf of said Owner of Property and General Contractor does for a valuable consideration hereby agree and guarantee to hold Stewart Title Guaranty Company (by reason of the fact that it 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, retention of title agreements, security agreements, financing statements, or personal property leases 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 AND

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 THE SAME.