STG Affidavit and Indemnity as to Debts, Liens and Possession

STG Affidavit and Indemnity as to Debts, Liens and Possession

AFFIDAVIT AND INDEMNITY AS TO DEBTS, LIENS, AND POSSESSION

GF # ___________________________

Commitment / Preliminary Report #   ______________________________

PROPERTY: _____________________________________________________________ ___________________________________________________________ (the "Property")

STATE OF ___________________   §

COUNTY OF __________________ §          BEFORE ME, on this day personally appeared:

________________________________________________________________________
Seller(s) or Owner(s)-Borrower(s) [Include middle name, if any]

PLEASE NOTE:  ANY BLANK SPACE IN THIS AFFIDAVIT SHALL BE DEEMED A STATEMENT BY THE UNDERSIGNED THAT THE RESPONSE IS "NO" OR "NONE".

THIS AFFIDAVIT AND INDEMNITY is made in connection with the sale and/or mortgaging of the Property with the knowledge and intent that Stewart Title Guaranty Company, and its agent, if any (collectively, the "Title Company") will rely on it in issuing title insurance policy(ies).

The undersigned, under oath, deposes and says:

1.         NAME.  My/our full name(s) appear above.  During the last ten (10) years, I/we have not been known by any other name except as stated above or as follows: ___________________________________________________________________________.

The judgment(s) and/or other lien(s) appearing on the title commitment / preliminary report, is/are not against me/us, but rather is/are against someone else with a similar name.  Initial if applicable: _______________

2.         POSSESSION AND OWNERSHIP.  I/we have no knowledge of any challenge, claim or controversy relating to my/our ownership or possession of the Property.  There are no tenants, occupants, or parties in possession of the Property, or leases or licenses affecting the Property, and no one is occupying, using or passing over the Property, other than me/us and my/our immediate family, except the following: ___________________________________________________________________________.

3.         SURVEY.

A.         Except as may be shown on any survey, if any, of the Property, that has been provided to the Title Company, I/we have no knowledge of any easements, replattings, encroachments of my improvements (including fences and driveways) onto any easement or setback line or building line or onto my neighbors' property(ies), or of any encroachments of my neighbors' improvements (including fences and driveways) onto the Property, or of any boundary line disputes, except the following: ___________________________________________________________________________.

B.         If a survey of the Property has been provided to the Title Company, there have been no changes to the improvements (including fences and driveways) on the Property since the date of the survey, except the following: ___________________________________________________________________________.

4.         RECENT IMPROVEMENTS.  [Select one below]

A. _____   No improvements (including but not limited to work, services, materials and equipment) have been made to the Property during the last 180 days.

OR

B. _____   There has been no construction on the Property during the last 180 days.  All work performed, services rendered, and materials and equipment furnished in connection with the improvements on the Property relate to routine repairs and replacements, and have been paid in full, and there are no unpaid bills, claims, demands or amounts owed for services, labor, materials or equipment, except the following  [Please insert description, amount, and name of unpaid claimant(s), if any]:

___________________________________________________________________________.

___________________________________________________________________________.

I/we undertake to promptly pay the foregoing and to deliver proof of payment to the Title Company.

5.         DEBTS AND LIENS.  Except as described in the commitment / preliminary report, there are no debts, liens (including but not limited to federal or state liens or judgment liens), loans (including but not limited to mortgages or deeds of trust), lawsuits, unpaid judgments, proceedings or legal obligations of any kind against me/us or encumbering or potentially affecting the Property except the following [Please insert name of creditor and amount, if any]:

___________________________________________________________________________.

6.         TAXES AND ASSESSMENTS.  Except as described in the commitment / preliminary report, there are no unpaid taxes, charges, fees, fines or assessments of any kind (including but not limited to real property taxes and assessments imposed by a taxing authority, condominium association or homeowner's association fees and assessments, water or sewer charges) encumbering or potentially affecting the Property except the following [Please describe item and amount, if any]:

___________________________________________________________________________.

I/we undertake to promptly pay the foregoing and to deliver proof of payment to the Title Company.

7.         BANKRUPTCY.  There are no current proceedings in bankruptcy or receivership affecting me/us.  I/we do not intend to file bankruptcy.

8.         PURCHASE RIGHTS.  Except for the current transaction (if a sale), there are no contracts to sell the Property, or options or rights of first refusal to purchase the Property except the following: ___________________________________________________________________________.

9.         MARITAL STATUS.  If an individual (natural person), the following describes my/our current marital status (check and complete all that are applicable):

A.         ____   I have never been married.

B.         ____   I am currently married to: ________________________________ [< name].  We were married in ______________________ [< state] on ______________________ [< date] and we have been continuously married to each other, without interruption, since that date.

C.        ____   I was married to _______________________________ [<name] from: ______________________ [< date] to ______________________ [< date].  That marriage ended due to ___________________________________ [< describe: e.g., death, divorce].

D.        ____   We are married to each other.  We were married in ______________________ [< state] on ______________________ [< date] and we have been continuously married to each other, without interruption, since that date.

E.         ____   Other: ___________________________________________________

10.       INDEMNITY.  I/we make this Affidavit to induce the Title Company to issue a policy/ies of title insurance and I/we understand that the Title Company is relying on the statements made herein in issuing such policy/ies.  I/we agree to indemnify, defend and hold harmless the Title Company from and against all claims, costs, losses, liabilities, damages, expenses, fees and attorneys' fees, including attorneys' fees and expenses to enforce this indemnity, that the Title Company may incur, arising out of or relating to:

A.         any errors, omissions or inaccuracies in this Affidavit,

B.         all liens, encumbrances or other objectionable matters filed or recorded against the Premises between the last Effective Date of the commitment / preliminary report referenced above and the date and time of recording of the deed and/or mortgage/deed of trust, if applicable.  I/we undertake to promptly remove, release, bond or otherwise dispose of the such matters, to the satisfaction of the Title Company, in its sole discretion; and

C.        the failure to timely perform all undertakings, if any, described in this Affidavit.

11.       OTHER.

A.         If the Seller or Borrower is an entity, I have authority to sign on its behalf, based upon ____________________________________________________________.

Under penalties of perjury I/we declare that I/we have examined this affidavit and to the best of my knowledge and belief it is true, correct, and complete.

___________________________________________________

[Signature]
Print Name:     _______________________________________
Print Title, if applicable:           ___________________________

___________________________________________________
[Signature]

Print Name:     _______________________________________
Print Title, if applicable:           ___________________________

Sworn to and subscribed before me this _____ day of __________________, _______.
____________________________________

Notary Public in and for ________________________
____________________________________________