CA Affidavit - Owner's Affidavit and Indemnity

OWNER’S AFFIDAVIT AND INDEMNITY

Order Number:                                                                                         
Address/Location:                                                                                                                                                                 
APN:                                                                 

In connection with the request of the Undersigned (“Affiant”) for the preparation and issuance of title insurance, Affiant makes the following statements and representations for the benefit of, and reliance by, title insurer STEWART TITLE GUARANTY COMPANY, and its policy issuing agent ____________                                                                                                                                                    (collectively hereafter referred to as “TITLE”):

1.     Affiant owns and holds title to the land described in Schedule A of the Preliminary Report or Commitment issued in connection with the above referenced Order Number (the “Land”).

2.     The Affiant's ownership and/or possession of the Land has been peaceful and undisturbed, and title thereto has never been disputed, questioned or rejected, nor has the issuance of title insurance ever been refused, except as follows: (If none, please state “none”) _________________________________________________________

3.     Other than the Affiant, there are no parties entitled to possession of the Land other than the following:
(If none, please state “none”) ____________________________________________________________________

4.     There are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the Land, or any parties currently in possession, of the Land, except the following: (If none, please state “none”)

_________________________________________________________________________________________

5.     All assessments by a management company or owners’ association, or for common area or building maintenance, if any, are paid current or are not yet due and payable except for the following (If none, please state “none”) _____________________________________________________________________________

6.     There are no pending contemplated repairs/improvements to the Land, except the following:
(If none, please state “none) _______________________________________________________________________________

7.     There has been no construction, building materials, repairs, improvements, or remodeling performed, provided, furnished or delivered within the last 12 months, except as follows: (If none, please state “none”)_________________________________________________________________________________________

This work performed, as detailed above, was completed on ________________________ (date of completion).

8.     Affiant is not aware of the existence of any of the following:

a.          Improvements, including fences, encroaching into any easements on the Land, or over any boundary lines of the Land.
b.         Adjoining property improvements encroaching onto the Land.
c.          Liens against the Land and/or judgments or tax liens against Affiant or any other property owner currently in title, except those described in the Preliminary Report or Commitment issued in connection with the above referenced Order Number.
d.         Outstanding claims or persons entitled to claims for mechanics' or materialman liens against the Land.
e.          Pending repairs/improvements to any adjacent street(s) or any assessments related to road maintenance.
f.          Any pending litigation involving the Land, the Affiant or any other property owner currently in title.
g.         Recent improvements completed or being made to any common area(s) located within the subdivision in which the Land is located.
h.         Violations of building permits, zoning laws or recorded covenants, conditions and/or restrictions imposed on the Land.
i.           Any pending assessments for Community Facility Districts
j.           Any new, pending or existing obligation or loan including any home improvements on the Land pursuant to the PACE or HERO program, or any other similar type program.
k.         Any unrecorded or recorded easements, covenants, conditions, or restrictions affecting the Land, other than those listed in the Preliminary Report or Title Commitment.
l.           Any use of the property for the production, sale, warehousing or transporting of fresh fruits, vegetables, livestock or poultry (e.g., supermarkets, restaurants, wineries,
            breweries and meat packing plants).
With regard to 8a.-8l, except as follows: (If none, please state “none”) ________________________________________________________________________________________________________________________________

9.     No proceedings in bankruptcy or receivership have been instituted or filed by, or against, the Affiant or any other property owner currently in title.

10.  There are no unpaid taxes, assessments or utility type bills including but not limited to bills for water, sewer, hazardous waste, recycling, storm drain and/or rubbish and there are no liens related to such utilities from or on the Land, with the exception of the following: (If none, please state “none”) ___________________________________________________________________________________

11.  There are no financial obligations secured by trust deeds, mortgages, financing statements, vendor’s liens, security agreements or otherwise, against the Land, except as set forth in the Preliminary Report, proforma and/or Commitment, and as set forth below: (If none, please state “none”)

Creditor                                                                           Approximate Balance

    ____________________________________                    ____________________________________

    ____________________________________                    ____________________________________

12.    There has been no harvesting or production of any oil, gas, geothermal materials or other minerals from or on the Land and there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Land, or other parties currently in possession, of the mineral rights on the Land, except the following: (If none, please state “none”)

___________________________________________________________________________________

13.    Other than the Affiant, there are no other parties currently in possession of the Land, including but not limited to, any possessory interest associated with the harvesting of any oil, gas, geothermal materials or other minerals, except the following: (If none, please state “none”)

___________________________________________________________________________________

14.    Affiant has not executed and will not execute any documents or instruments related to the title to, or interest in, the Land prior to the recordation of the documents in this transaction.

15.    By signing below, Affiant agrees to cooperate with TITLE and, upon request from TITLE, to promptly provide and/or execute, any corrective or curative information or documentation requested.

This is a sworn affidavit and is made for the purpose of inducing TITLE to provide certain insurance coverage to a purchaser and/or lender, and the representations contained herein are material to such insurance coverage.  The undersigned hereby indemnifies and holds Stewart Title Guaranty Company and its policy issuing agent identified above harmless from any loss or damage, liability, costs, expenses and attorneys’ fees which it may sustain under its policies of title insurance or commitments to the extent any representation contained herein is incorrect. The undersigned understands that TITLE may decide not to provide the requested title insurance despite the information and affirmations contained herein.

PLEASE READ, COMPLETE AND RESPOND TO ALL STATEMENTS CONTAINED IN THIS OWNER’S AFFIDAVIT AND INDEMNITY BEFORE SIGNING IN THE PRESENCE OF A NOTARY PUBLIC. THE NOTARY PUBLIC WILL EXECUTE THE ACKNOWLEDGMENT ON THE FOLLOWING PAGE. HOWEVER, IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD SEEK THE ASSISTANCE OF YOUR INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR BEFORE SIGNING.

State of California      )
                                      ) SS.
County of __________)

Subscribed and sworn to (or affirmed) before me on this           day of                                                                                               , 20                                                                                               , by

                                                                                                                      , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

____________________________________
Notary Signature