Legal Gravamen Request

LEGAL GRAVAMEN REQUEST

This Legal Gravamen Request (the "Request") is made on this day by and between Claimant Name: and Respondent Name: . Effective Date:

RECITALS

WHEREAS, Claimant asserts a legal claim, lien, charge, or other encumbrance (collectively, the "Gravamen") arising from the obligation described in Section 4 below against the Property described in Section 3; and

WHEREAS, Respondent is an owner, record title holder, or party with authority over recordation relating to the Property and is capable of facilitating recordation, acknowledgement or release of the Gravamen with respect to public records or registries; and

WHEREAS, the Parties desire to set forth the procedures for submitting, supporting, and, where appropriate, recording or releasing the Gravamen in a manner that preserves the Parties' rights while minimizing disputes over form and process.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Request, the following terms shall have the meanings set forth below. "Gravamen" means any lien, charge, encumbrance, notice of claim, or other adverse recordable interest asserted against the Property. "Property" means the real property or asset identified in Section 3. "Supporting Documents" means the instruments, contracts, judgments, invoices, or other documentary evidence relied upon to support the Gravamen.

2. REQUEST FOR RECORDATION OR RELEASE

Claimant hereby requests that Respondent cooperate in the recordation of the Gravamen against the Property or, where applicable, the release of any existing Gravamen as directed below. Respondent shall not unreasonably withhold, condition, or delay its execution of such ministerial instruments as are reasonably necessary to effect recordation or release, provided Claimant delivers the Supporting Documents required by Section 6 and complies with the representations and indemnities in Section 7.

3. PROPERTY DESCRIPTION

4. BASIS AND AMOUNT OF CLAIM

5. TYPE AND PRIORITY OF GRAVAMEN

Type of Gravamen (select all that apply):

Lien    Charge    Notice of Claim    Other:

6. SUPPORTING DOCUMENTS

Claimant represents that the following documents are attached or will be delivered contemporaneously as Supporting Documents (select applicable):

Invoice or Statement of Account    Written Contract or Agreement    Court Judgment or Order    Affidavit or Declaration

7. REPRESENTATIONS AND WARRANTIES

Claimant represents and warrants that: (a) the Supporting Documents are true, accurate and complete to Claimant's knowledge; (b) Claimant has the legal right to assert the Gravamen and to request recordation or release; and (c) no notice of bankruptcy or other insolvency proceeding affecting the enforcement of the Gravamen is pending against Claimant.

Respondent represents and warrants that Respondent has the authority to execute ministerial instruments necessary to effect recordation or release, subject to receipt of the Supporting Documents and satisfaction of any applicable legal prerequisites.

8. INDEMNITY; COSTS

Claimant shall indemnify, defend and hold harmless Respondent and its officers, agents and employees from and against any claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising from or in connection with the recordation, attempted recordation, maintenance, or release of the Gravamen, except to the extent caused by Respondent's gross negligence or willful misconduct. Claimant shall be responsible for all recording fees, taxes, documentary charges and other governmental fees associated with recordation unless otherwise agreed in writing.

9. NOTICES

All notices required or permitted under this Request shall be in writing and shall be deemed given when delivered personally, by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, addressed to the contact information provided above or as otherwise designated in writing by a Party.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Request may be amended only by a written instrument signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party against whom enforcement is sought. 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.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Request shall be governed by and construed in accordance with the laws of the jurisdiction in which the Property is located, without regard to conflict of law principles. This Request constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. If any provision of this Request is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. SIGNATURES

The Parties hereby execute this Legal Gravamen Request as of the date set forth below, intending to be legally bound by its terms.

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