VA Commercial Affidavit 1995

VA Commercial Affidavit 1995

COMMERCIAL AFFIDAVIT - VIRGINIA

STATE OF _______________________________)

CITY/COUNTY OF ________________________) to wit:

The undersigned, being duly sworn according to law, deposes and says:

1. I am ___________________________________, of ________________________________, which is the owner of all that certain property described in Stewart Title Guaranty Company’s Commitment for Title Insurance No. __________________ (“the Property”).

2. In my capacity as such, I am personally familiar with the management and operation of the Property, including the existence of any tenancies, leases, parties in possession and other occupancies, and payment of taxes and assessments in connection therewith.

3. __________________________________ ’s enjoyment of the Property has been peaceful and undisturbed and the title to the Property has never been disputed or questioned to my knowledge, nor do I know of any facts by reason of which title to, or possession of the Property might be disputed or questioned, or by reason of which any claim to the Property or any portion thereof might be asserted adversely to:

4. No proceeding in bankruptcy has even been instituted by or against the owner (and if a partnership, against the general partner(s) thereto), nor has the owner ever made an assignment for the benefit of creditors.

5. I know of no action or proceeding relating to the Property in any State or Federal Court in the United States nor do I know of any State or Federal Judgment or any Federal Lien of any kind or nature whatever which now constitutes a lien or charge upon the Property.

6. There are no unrecorded documents affecting title to the Property.

7. We have had no notice of any taxes and/or special assessments affecting the Property other than those shown on the Commitment.

8. There are no unpaid charges for taxes, water and/or sewer services or unpaid special assessments for items such as improvements for sidewalks, curbs, gutters, sewers, etc., not shown as existing liens in the public records.

9. There are no unpaid bills or claims for labor or services performed or materials furnished or delivered during the last twelve (12) months for alterations, repair, work, or new construction on the Property, except: (if none, state “NONE”)

10. The building or buildings located on the Property were completed more than ____ years ago.

11. I know of no contract for the making of repairs or improvements on the Property except as follows: (if none, state “NONE”)

12. That the owner of the property recognizing that funding may occur prior to the deed or deed of trust being officially filed for record in the appropriate Clerk’s Office, agrees that in consideration of STEWART TITLE GUARANTY COMPANY issuing said policy or policies without exception to any matters which may arise between the effective date of the commitment for title insurance and the date the documents creating the interest being insured are filed for record (which matters may constitute an encumbrance on or affect the title) (the “Gap”) to promptly defend, remove, bond or otherwise dispose of any encumbrance, lien or objectionable matter to title which may arise or be filed, as the case may be, against said property during the Gap.  The owner further agrees to hold harmless and indemnify STEWART TITLE GUARANTY COMPANY against all losses, expenses, costs and fees (including, but not limited to, attorney’s fees) which may arise out of the owner’s failure to so remove, bond or otherwise dispose of any said liens, encumbrances or objectionable title  matters.

13. This affidavit is given to induce Stewart Title Guaranty Company to issue its policy or policies of title insurance with full knowledge that it will be relying upon the accuracy of same.

by: _________________________________.

Owner: _______________________________

By: __________________________________

Name:

Title:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by ______________________________________, _______________________ (title), of ____________________________________________________________________ (entity), on behalf of __________________________ (entity type).

                                                            ______________________________________

                                                            Notary Public

My Commission Expires: ______________________

Owner Seller Affidavit - Commercial