Legal Discharge Request

LEGAL DISCHARGE REQUEST

Requesting Party Name:   Requesting Party Address:

Respondent Name:   Respondent Address:

Subject / Account Reference:   Request Date:

RECITALS

WHEREAS, Requesting Party is the party seeking termination, discharge, or release of the instrument described below and has an interest in obtaining formal written confirmation that the obligation described has been satisfied in full; and

WHEREAS, Respondent is the holder of a recorded or unrecorded lien, claim, instrument, or encumbrance identified as: ; recorded or filed on under reference/recordation no.: .

WHEREAS, the parties desire to confirm the status of the obligation and, where appropriate, obtain a formal discharge, release, or satisfaction instrument for recording or other administrative filing.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Request, the following terms have the meanings set forth below. "Instrument" means the written document, lien, or encumbrance identified in the Recitals. "Discharge" means the execution and delivery of any instrument, release, satisfaction, or declaration reasonably required to evidence that the Instrument has been fully satisfied, released, or otherwise extinguished.

2. REQUEST FOR DISCHARGE

Requesting Party hereby formally requests that Respondent execute and deliver, within a commercially reasonable time and in form suitable for recordation or filing, an instrument of discharge, release, or satisfaction in respect of the Instrument, if Respondent determines that the Instrument has been satisfied or that Respondent no longer asserts a claim thereunder.

3. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that: (a) it has full power and authority to enter into and perform this Request; (b) execution and delivery of this Request and performance of the obligations hereunder have been duly authorized; and (c) this Request constitutes a valid and binding obligation enforceable in accordance with its terms.

4. CONDITIONS PRECEDENT

Respondent's obligation to deliver a Discharge is conditioned upon receipt of: (a) evidence satisfactory to Respondent, in its reasonable discretion, that the obligations secured or evidenced by the Instrument have been satisfied or otherwise resolved; (b) any required payoff or accounting statements executed by Requesting Party; and (c) any fees reasonably related to preparing, executing, or recording the Discharge.

5. RELEASE AND LIMITATION OF CLAIMS

Upon delivery of a Discharge by Respondent, Requesting Party shall be released from liability under the Instrument to the extent set forth in the Discharge. Except as expressly set forth in a delivered Discharge, no party shall be deemed to have waived or released any other obligations or claims beyond the scope of the specific Instrument identified herein.

6. INDEMNIFICATION

Requesting Party shall indemnify, defend, and hold harmless Respondent and its officers, agents, and employees from and against any losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to any false representation or breach of warranty made by Requesting Party in connection with this Request, except to the extent any such loss arises from Respondent's willful misconduct.

7. NOTICE OF DISPUTE / PENDING ACTIONS

Requesting Party must disclose whether there are any pending claims, bankruptcies, or other proceedings that affect the Instrument. Are there pending actions affecting the Instrument?   Yes   No

If yes, state the nature of such matters:

8. NOTICES

Notices to Requesting Party

Notices to Respondent

Notices shall be delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, and shall be effective upon receipt.

9. AMENDMENTS; WAIVER

Any amendment or modification of this Request must be in writing and signed by both parties. No failure or delay by any party in exercising any right under this Request shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude any other or further exercise of that right.

10. GOVERNING LAW

This Request shall be governed by and construed in accordance with the laws of the state or jurisdiction where the Instrument is recorded, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of that jurisdiction for purposes of any dispute arising under this Request.

11. ENTIRE AGREEMENT

This Request constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the Instrument and the requested discharge.

12. SEVERABILITY

If any provision of this Request is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

13. COUNTERPARTS

This Request may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be effective as original signatures.

ADDITIONAL INFORMATION

Describe the property, account, or collateral related to the Instrument (if applicable):

Type of discharge requested:

Lien Release    Mortgage Satisfaction    Release of Claim    Other:

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