NY Corporate Affidavit

Title Commitment:   ______________                                          DATE:_______________________

State of New York)
County of New York) SS.:                                                                                                                   

The undersigned, being the __________________________ of ________________________________________________________, which is a Corporation organized and existing under the laws of ____________________________ State (hereinafter, the “Certifying Entity”), which Corporation is or is about to become the owner of the premises known as and by the street address:

____________________________________________________________________________________________________________

(the “Premises”) which Premises are more particularly described in the legal description attached hereto as Exhibit A and in the title commitment ______________ (the “Commitment”) prepared by __________________________________ as Agent for Stewart Title Insurance Company  (collectively, “Title Company”), being duly sworn according to law, depose[s] and say[s] that:

1. The Certifying Entity is duly formed and in good standing in the State of __________________, is authorized to do business in New York State, is current on any and all applicable State and/or City Franchise and/or “entity” taxes, and all necessary consents to the present sale/purchase/mortgage of the Premises have been obtained;
2. There are no mortgages, judgments, tax warrants, tax liens, parking violations or environmental control board liens against the Certifying Entity or any related entities which could give rise to a lien against the premises;
3. All real estate taxes/maintenance charges/common charges/homeowners association dues/water and sewer charges affecting the Premises, if any, have been paid in full through the date hereof, and Certifying Entity hereby agrees to indemnify and hold Title Company harmless for same;
4. There are presently (         ) tenants in the Premises, each of which tenants is either:

a.  in possession under an unrecorded lease containing a standard subordination clause fully and unconditionally subordinating said lease to all existing and future mortgages; or

b.  a statutory tenant

and there are no options to purchase and no rights of first refusal to purchase all or any portion of the Premises;

      5. That within the past one hundred eighty (180) days, Certifying Entity has not ordered, contracted for, authorized or received notice of any works of improvement to the Premises, or materials for such works, which could give rise to a mechanic’s or materialman’s lien against the Premises.

Certifying Entity offers this Certification to induce Title Company to insure a sale/purchase/mortgage transaction on the Premises, free and clear of any exceptions for the above matters, with the knowledge that Title Company is relying on the truth and accuracy of the statements herein.

Sworn to before me             

                                                                _____________________________

this ________day of _______200     

                                           ______________________________

______________________________

_______________________________
Notary Public