AFFIDAVIT

State of ___________ }
County of __________}

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

1. That Deponent is a _______________ of ___________________ ("Company") a ___________ corporation and that Deponent has personal knowledge of the facts that sworn to in this affidavit, and is fully authorized and qualified to make this affidavit.

2. That Company is the owner of the premises described in the Commitments listed in Exhibit A ("the Property").

3. That there are no unpaid bills incurred by the Company for work performed upon or materials delivered to the Property for the construction or improvement of said property during the past _______ days.

4. That there are no unrecorded tenancies, leases or other occupancies on the Property except as listed below, and that if any such unrecorded leases, tenancies or other occupancies are listed below, they contain no options to purchase, rights of renewal, or other unusual provisions except as note below:

5. That no other person has possession or any right to possession of the Property or any interest therein, including oil, gas or other minerals.

6. That there are no financing statements, chattel mortgages, conditional bills of sale or retention of title agreements affecting any fixtures located on the Property.

7. That there are no unrecorded easements or claims of easement; no disputes, discrepancies or encroachments affecting a setback or boundary line; and no contracts, options or rights to purchase other than in the transaction for which this affidavit is given.

8. That there are no unrecorded judgments, liens, mortgages or other claims against the Property.

9. That no proceeding in bankruptcy has ever been instituted by or against Company (and if a partnership, against the general partner(s) thereof), nor has the owner ever made an assignment for the benefit of creditors.

10. That there is no action or proceeding relating to the Property in any State or Federal Court in the United States nor 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.

This Affidavit is given to the First American Title Insurance Company of New York to induce to issue its policies of title insurance including endorsements knowing that it will be relying upon the accuracy of the same.

The undersigned further agrees to indemnify against any loss occasioned by the existence of any of the matters listed above which are know to the undersigned and not disclosed by this Affidavit and any cost, expense or liability, including attorney fees, arising from the enforcement of this indemnification.

 

_______________________

Sworn to before me this
____ day of _______ , 19 ___

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