AFFIDAVIT OF LOST NOTE

I, ______________________ , being duly sworn, do hereby state under oath that:

1. 1 am a Vice President of _______________________ ("Lender").

2. Lender is the payee under the following described promissory note (the "Note")

Date:
Borrower(s)
Original payee:
Original Amount:

3. Lender is the legal and beneficial owner and holder of the Note. The Note has not been forgiven, discharged, satisfied, cancelled, assigned, subordinated, sold, transferred, encumbered, pledged, hypothecated by Lender or paid in full.

4. The original Note was lost and cannot be produced. Note was not located after a thorough and diligent search which consisted of a complete search of institutional records of Lender. If the Note is located by the Lender, the Lender agrees that it will not hereafter assign, transfer, pledge, hypothecate, encumber or otherwise dispose of the Note or any interest therein and it will promptly deliver the Note, duly indorsed to ______________________ ("Assignee") by the Lender, at the following address:

Attention: .

The Lender further agrees to produce promptly following its receipt of written notice from Assignee any and all certificates, affidavits, verifications and other similar documents which are necessary in Assignee's reasonable judgement to enforce the Note.

6. Lender indemnifies and agrees to hold Assignee, and its successors and assigns, harmless from and against all liabilities, demands, claims, actions or causes of action, losses and damages, including all reasonably incurred costs and expenses, including reasonable attorneys' fees incurred by Assignee, its successors and assigns, as a result of or arising out of or by virtue of the fact that (a) Lender was unable to locate and produce the original Note, (b) any delay in Assignee's enforcement or attempted enforcement (judicially or nonjudicially) of the indebtedness and obligations evidenced by the Note, (c) Lender failed to comply with any of the covenants set forth herein, or (d) any of the statements set forth herein are claimed to be untrue in any material respect.

7. This Affidavit is intended to be relied on by Assignee, its successors and assigns and by , which is issuing an endorsement to a policy of title insurance to Assignee in connection with the purchase of the Note and the indebtedness evidenced thereby.

8. This Affidavit shall be governed by and construed in accordance with the laws of the State of New York.

Dated this ____ day of _______, 19___ ..

 

LENDER
By:_______________________
Name:____________________
Title: _______________

State of _____________ }
County of ___________ }ss:

On the ______ day of ________, 19____ , before me personally came ______________ , who, being by me duly sworn, did depose he/she resides at _____________________. that he is ______________________ of _____________________,a Corporation, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation and that he signed his name thereto by like authority.

_______________________ Notary Public