Fannie Mae DUS Guide Section 113.

Survey The Lender must obtain an acceptable as-built survey of the Property for delivery to Fannie Mae as a part of the Mortgage Loan Delivery Package and for review as part of the Lender's underwriting analysis of the loan unless the survey requirement is waived. Waivers are not available in all jurisdictions. Lenders may apply for a waiver of the as-built survey for California, Oregon and Washington loans. The Western Regional Office may delegate this waiver, on a case- by case basis, to Lenders who routinely do business in these states, have completed the Western Regional Office waiver process training in a satisfactory manner and are otherwise in good standing.

An acceptable as-built survey meets the following requirements:

1. The survey must be certified by a surveyor licensed in the jurisdiction in which the Property is located. If that jurisdiction licenses engineers instead of surveyors, then the survey may be certified by such a licensed engineer. If the jurisdiction in which the Property is located does not license surveyors or engineers, the Lender should require that the survey be certified by a surveyor licensed in the jurisdiction which licenses surveyors closest to the jurisdiction in which the Property is located.

2. The survey must be certified to the Lender, the Federal National Mortgage Association, and their successors and assigns.

3. The survey must be dated no more than 90 days prior to the date the Security Instrument is recorded.

4. The survey must be acceptable to the title insurance company for purposes of insuring title free and clear of survey matters (except as permitted under Section 111 above).

5. The survey must meet the requirements of an Urban Class ALTA/ACSM Land Title Survey, made in accordance with the Minimum Standard Detail Requirements for American Land Title Association and American Congress on Surveying and Mapping Land Title Surveys, as adopted in 1992, some of which are listed as Additional Survey Requirements on Table 3 to such standard requirements (see the following paragraph).

6. The survey must show the following:

(a) the dimensions and total square footage (land area) of the Property,

(b) the location of all buildings, structures and other improvements (including sidewalks, curbs, parking areas and fences) on the Property and the distance from die improvements to adjoining exterior property lines,

(c) the location of all easements, servitudes, or rights of way (above or below ground) on the Property, or other similar exceptions listed in the commitment for the title insurance policy for the Property (except that blanket easements may be shown as such), including any exceptions shown on a recorded map or plat, together with complete recording information,

(d) the location and dimensions of any encroachments by (i) the improvements on die Property onto any adjacent property, street, alley, or easements located on the Property, and (ii) improvements on any adjacent property, street or alley onto the Property,

(e) the location of minimum recorded setback lines for the Property, and any other building restrictions, including complete recording information if such restrictions have been recorded,

(f) the number, size. and location of parking spaces on the Property,

(g) the location of utilities serving die Property, including points of ingress to and egress from die Property of such utilities (within the Property, however, the location of underground utility lines which serve only the Property is not required to be shown),

(h) indication of access (such as curb cuts and driveways) to adjoining streets and highways and the status of such roadways as public or private,

(i) the monuments found or set (or a reference monument) at all major corners of the boundary of the Property,

(j) a legend of all symbols and abbreviations used on the survey,

(k) a vicinity map showing die Property surveyed in reference to nearby highway(s) or major street intersection(s),

(1) observable evidence of cemeteries,

(m) the identify of all abutting owners, lot numbers and names of subdivisions, and

(n) significant observations not otherwise defined.

7. The description of the Property shown on the survey must conform to the legal description shown in the commitment for a loan title insurance policy for the Property. A metes and bounds description. a lot and block description. or a description of the Property bounded on all sides by dedicated streets or alleys is acceptable as long as it corresponds to the legal description shown in such title insurance commitment. If the title insurance commitment refers to a recorded plat. then such plat with appropriate recording references must be indicated on the survey.

8. If any portion of the Property is in a Special Hazard area, as designated on the applicable Flood Insurance Rate Map for the community, the boundaries and a designation of the zone of any such area within the Property must be shown on the survey (see Chapter 8 of this Part regarding flood insurance requirements).

9. A surveyor's certificate substantially in the form shown as Exhibit 111-5 will be acceptable if it is printed as a legend on the survey or is attached to and specifically identifies the survey. If problems with encroachments, easements (including failure to obtain storm and sanitary sewer easements or other appurtenant easements) or other adverse circumstances are revealed by the survey, the Lender must determine whether, despite such problem(s) or circumstances, the Mortgage nevertheless would be acceptable to a reasonable, prudent Lender and to Fannie Mae, consistent with the DUS product line and this Guide. If the Lender so determines, a written explanation regarding the acceptability of the survey despite such problems must be submitted as part of the Mortgage Loan Delivery Package.

SURVEYOR'S CERTIFICATE

The undersigned, being a registered surveyor of the State of (insert state where Mortgaged Property is located) certifies to (i) (Insert Lender's name), (ii) Federal National Mortgage Association, its successors and assigns, and (iii) (insert name of title insurance company if title insurance Company so requires) as follows:

1. This map or plat and the survey on which it is based were made in accordance with the "Minimum Standard Detail requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1992 and this survey meets the requirements for an Urban Survey as defined therein.

2. The survey was made on the ground between (insert dates survey was made) and correctly shows the area of the subject property, the location and type of all buildings, structures and other improvements situated on the subject property, and any other matters situated on the subject property.

3. [Except as shown on the survey, there are no visible easements or rights of way of which the undersigned has been advised.

4. [Except as shown on the survey,] there are no observable, above ground encroachments (a) by the improvements on the subject property upon adjoining properties, streets or alleys, or (b) by the improvements on adjoining properties, streets or alleys upon the subject property.

5. The location of each easement, right of way, servitude, and other matter affecting the subject property and listed in the title insurance commitment dated ___________,19 __ , issued by (insert name of title insurance company issuing commitment) with respect to the subject property, has been shown on the survey, together with appropriate recording references, to the extent that such matters can be located. The property shown on the survey is the property described in that title commitment. The location of all improvements on the subject property is in accord with minimum setback provisions and restrictions of record referenced in such title commitment.

6. The subject property has access to and from a duly dedicated and accepted public street or highway. [If not, so state.]

7. [Except as shown on the survey,] the subject property does not serve any adjoining property for drainage, utilities, or ingress or egress.

8. The record description of the subject property forms a mathematically closed figure. (If not, so state.

9. [Except as shown on the survey,) no portion of the property shown on the survey lies within a Special Hazard Area, as described on the Flood Insurance Rate Map for the community in which the subject property is located. (The survey correctly indicates the zone designation of any area shown as being within a Special Hazard Area.) If the survey is attached to rather than typed or otherwise reproduced on the face of the survey, add a paragraph specifically identifying the survey (such as by date, property description. and survey number) to which the certificate relates.) The parties listed above are entitled to rely on the survey and this certificate as being true and accurate.

________ (type name of surveyor) Registration No. _________ Dated: _____________