WV Commercial Affidavit

COMMERCIAL AFFIDAVIT

Re: 

See Exhibit A attached hereto and incorporated herein by reference. (hereinafter referred to as the “Property”)

STATE OF

COUNTY OF

BEFORE ME, the undersigned authority personally appeared ____________________________of  _________________________ who deposes and says that:

1.      I am ___________________________, ______________________ of ________________ (which is the sole owner of the Property) that I am over 18 years of age, a citizen of the USA and am competent to make this affidavit.

2.      In my capacity as such, I am personally familiar with 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.      My/Our 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 others may claim title to the Property or any portion thereof or an easement over and across same except:

(a)   (Delete if not applicable)  A complete list of all parties in possession of any portion of the Property under unrecorded leases or otherwise is attached hereto and made a part hereof.  There are no other tenancies, leases, parties in possession or other occupancies of the Property and each of the parties disclosed on the attached list occupies the Property or has a right to such occupancy either as a tenant from month to month without lease or pursuant to the terms of an unrecorded lease.

(b)   (Delete if not applicable)  There are no tenancies, leases, occupancies or parties in possession of the Property.

4.      No proceeding in bankruptcy instituted by or against the owner in any jurisdiction of the U.S. (and if a partnership against any general partner(s) thereof) is now pending, 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 now pending before any State or Federal Court nor do I know of any judgments or liens (including state and federal tax liens) which now constitute a lien or charge upon the Property.

6.      There are not unrecorded documents affecting title to the Property.

7.      I know of no real or personal property taxes and/or special assessments affecting the Property other than those shown on the Commitment for Title Insurance issued to buyer/lender.

8.      There are no unpaid real or personal property taxes, water and/or sewer usage charges or unpaid special assessments for items such as improvements for sidewalks, curbs, gutters, alleys, etc.

9.      There are no unpaid bills or claims for labor or services performed or materials furnished for the construction of improvements on the Property.

This affidavit is given to induce Stewart Title Insurance Company to issue its policy(ies) of title insurance with full knowledge that the Company will rely upon the accuracy of same; and affiants individually and the entity on behalf of which this affidavit is made hereby agree to hold Stewart Title Insurance Company harmless and indemnify it against any loss or damage it may sustain as a result of any false statement made herein.

WITNESS the hand and seal of affiants.

______________________________

                                                By:  ____________________________

                                                Its:  ______________________

Sworn to and subscribed before me this          day of                         , 2014.

                                                                                                Notary Public

My Commission Expires: