Legal Duplicate Notice

LEGAL DUPLICATE NOTICE

This Legal Duplicate Notice (the "Notice") is delivered as of the date of signature below by Noticing Party: whose address is and to Recipient: whose address is .

RECITALS

WHEREAS, an original instrument described as "" was executed by or between the relevant parties on or about and recorded in as Instrument/Recording No. .

WHEREAS, the original instrument has become unavailable due to one or more of the following circumstances (select applicable): Lost Destroyed Stolen Other.

WHEREAS, Noticing Party has prepared or caused to be prepared a true and correct duplicate copy of the original instrument (the "Duplicate") and desires to notify Recipient of the existence, delivery and legal effect of such Duplicate.

NOW, THEREFORE, in consideration of the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Notice, the following terms shall have the meanings set forth below: "Duplicate" means the copy of the original instrument described in the Recitals; "Original" means the instrument so described, if and to the extent the Original is later located; "Recipient" and "Noticing Party" mean the parties identified in the opening paragraph.

2. Notice of Duplicate

Noticing Party hereby gives formal notice to Recipient that the Duplicate exists and is being tendered to Recipient for all lawful purposes for which the Original might have been tendered. Recipient is requested to accept the Duplicate and to treat the Duplicate as a true copy of the Original for purposes of recordation, acknowledgement, performance, and enforcement, subject to the terms of this Notice.

3. Certification of Loss and Description

Noticing Party certifies under penalty of perjury under the laws of the governing jurisdiction that, to the best of Noticing Party's knowledge and belief, the Original has been lost, destroyed, or is otherwise unavailable and that the Duplicate is a true, correct and complete copy of the Original.

4. Indemnity and Hold Harmless

Noticing Party agrees to indemnify, defend and hold harmless Recipient and Recipient's successors, assigns and related parties from and against any and all claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to the issuance, delivery, acceptance or reliance on the Duplicate, including any claims asserting that the Original was not lost or that the Original remains valid and binding.

5. Reliance and Requests for Further Assurances

Recipient may rely upon the representations and warranties made by Noticing Party in this Notice. Noticing Party shall promptly execute and deliver such further instruments, affidavits, or other documents and take such actions as may reasonably be requested by Recipient to evidence, confirm, record or effectuate the status and validity of the Duplicate and to protect Recipient from claims relating to the Original or Duplicate.

6. Recording and Filing

Where applicable, the Duplicate may be recorded or filed by Recipient in the public records in the recording jurisdiction identified above. Noticing Party authorizes Recipient to record or file the Duplicate and agrees that any such recording or filing shall be conclusive evidence of the public notice of the Duplicate in the recording jurisdiction, subject to any rights of third parties arising thereafter.

7. Notices

All notices, requests, consents and other communications required or permitted under this Notice shall be in writing and delivered to the addresses set forth below (or to such other address as a party may designate by notice to the other).

8. Governing Law

This Notice shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law rules, and the parties submit to the exclusive jurisdiction of the courts of that State for any dispute arising under this Notice.

9. Entire Agreement

This Notice constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral or written agreements, understandings and communications concerning the same.

10. Severability

If any provision of this Notice is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.

11. Amendments; Waiver

No amendment, modification or waiver of any provision of this Notice shall be effective unless in writing and signed by both parties. No failure or delay by any party in exercising any right shall operate as a waiver of that right.

12. Counterparts; Electronic Signatures

This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be effective as originals for all purposes.

Sign Now