Legal Lien Letter

LEGAL LIEN LETTER

Date:   This Lien Letter is issued by Claimant Name: whose address is Claimant Address: to Recipient Name: with address Recipient Address: .

RECITALS

WHEREAS, Claimant and Recipient entered into an agreement providing for the supply of labor, materials, equipment or other services described in Agreement Reference: dated Agreement Date: ; and

WHEREAS, Claimant has provided labor, materials, equipment or services described below and has not received payment in full for amounts due; and

WHEREAS, Claimant asserts that it holds lien rights against the property described below under applicable law and the parties' agreement, and hereby provides notice to Recipient of Claimant’s intent to protect and enforce those rights.

NOW, THEREFORE

In consideration of the foregoing recitals and the mutual covenants herein, Claimant hereby states and demands as follows:

1. CLAIM OF LIEN

Claimant hereby asserts a lien in the amount set forth below against the following property: Property Description: (the "Property"). The lien arises from the furnishing of labor, materials, equipment or services for the improvement, maintenance or benefit of the Property.

2. AMOUNT CLAIMED

The principal amount currently due and unpaid for work and materials is $. Additional charges may accrue for interest, collection costs, and attorney's fees as permitted by contract or law. Supporting invoices, statements and a detailed accounting are summarized below.

3. LEGAL BASIS

The asserted lien is based upon Claimant's contractual rights and applicable law granting a security interest or lien for unpaid labor, materials, equipment and services furnished to the Property. Claimant reserves all rights to record, enforce and perfect such lien in accordance with applicable filing and notice requirements.

4. DESCRIPTION OF WORK

5. DEMAND FOR PAYMENT

Claimant demands payment of the full amount claimed within days from receipt of this Letter. If payment in full is not received within that period, Claimant will proceed to take further actions to protect its rights, including the recordation of a lien and pursuit of any available remedies at law or in equity.

6. NOTICE OF INTENT TO FILE LIEN

Unless the foregoing amount is paid in full or arrangements acceptable to Claimant are made, Claimant intends to record or otherwise file a lien against the Property in County: on or after .

7. REMEDIES, INTEREST AND COSTS

Claimant expressly reserves the right to recover interest on the unpaid balance at a rate of from the date of default, together with all reasonable costs of collection, court costs, filing fees, recording fees, and reasonable attorney's fees to the fullest extent permitted by contract or law.

8. RELEASE OF LIEN

Upon receipt of payment in full of all amounts due, and upon satisfaction of any related costs, Claimant shall execute and deliver an appropriate release or satisfaction of lien within a commercially reasonable time.

9. RECORDATION AND PRESERVATION OF RIGHTS

Claimant may record or file a lien, notice of lien, claim of lien or similar instrument, and may take such steps as are necessary to preserve and perfect its interest in the Property. Nothing in this Letter shall constitute a waiver of Claimant's right to seek any additional remedies available under law or equity.

10. NOTICES

All notices required or permitted under this Letter shall be in writing and delivered to the addresses set forth below (or to such other address as either party may designate in writing).

11. ENTITY AND LIEN TYPE

Entity Type: Individual Company Trust

Lien Type: Mechanics' Lien Judgment Lien UCC/Fixture Filing Other

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Letter shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws rules. This Letter contains the entire understanding between the parties regarding the matters set forth herein and supersedes all prior agreements and understandings relating to the same. If any provision of this Letter is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Letter shall be effective unless in writing and signed by the parties. Failure to enforce any provision shall not constitute a waiver. This Letter may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one and the same instrument.

14. CERTIFICATION

Claimant certifies that the information set forth in this Letter is true and correct to the best of Claimant's knowledge and that Claimant has provided the labor, materials or services as stated, and that Claimant is entitled to the lien rights asserted herein.

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