Legal Record Notice

LEGAL RECORD NOTICE

This Legal Record Notice ("Notice") is made as of Effective Date: by and between Noticing Party: (the "Noticing Party") and Recipient: (the "Recipient"). The Noticing Party and Recipient are each a "Party" and together the "Parties."

RECITALS

WHEREAS, the Noticing Party asserts that it holds certain rights, interests, or claims in property or records described herein, and desires to give formal notice of a legal record to ensure appropriate public indexing and notice to third parties; and

WHEREAS, the Noticing Party has prepared or intends to prepare the following instrument for recordation: Document Type: ; Recording Office: ; County/State: .

WHEREAS, the Parties desire to set forth the particulars of the recordation and the effect of such recordation on the interests described below.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Legal Record" means the instrument identified in this Notice and any accompanying exhibits, including any amendments, assignments or recordings filed with the public recording authority.

1.2 "Instrument Number" means the unique recording identifier assigned by the recording office: .

2. NOTICE OF RECORDATION

2.1 The Noticing Party hereby notifies the Recipient that the following record is: To be recorded    Already recorded. If already recorded, Recording Date: .

2.2 The Noticing Party demands that the Recipient acknowledge that the Legal Record describes an asserted legal interest and that such Legal Record may be indexed against the described property or party records.

3. DESCRIPTION OF THE RECORD

Provide a concise description of the subject matter, property or interest reflected in the Legal Record and any identifying references:

3.1 Claim or Amount (if applicable): . Case or Reference Number (if any): .

4. EFFECT AND PURPOSE OF RECORD

4.1 The Parties acknowledge that the recording of the Legal Record may create constructive notice to subsequent purchasers, encumbrancers, or other third parties and may affect title, priorities or public indexing.

4.2 This Notice is intended to preserve the Noticing Party's rights and to inform the Recipient of the legal basis and claimed extent of the interest set forth in the Legal Record. Nothing in this Notice shall be construed as a waiver of any rights or defenses available to either Party under applicable law.

5. OBLIGATIONS OF THE PARTIES

5.1 The Noticing Party shall provide to the recording office a complete copy of the instrument and any required exhibits, and shall be responsible for payment of any recording fees unless otherwise agreed in writing.

5.2 The Recipient shall not knowingly take any action that would conceal, alter or impair the Noticing Party's recorded interest without first providing written notice to the Noticing Party and obtaining either a court order or the Noticing Party's prior written release.

6. CERTIFICATION

6.1 The Noticing Party certifies, under penalty of perjury to the extent applicable, that the information provided in this Notice and any attached instrument is true, complete and accurate to the best of the Noticing Party's knowledge as of the Effective Date and that the Noticing Party is authorized to provide this Notice.

7. REMEDIES

7.1 In the event of a breach of the obligations set forth in this Notice, the non-breaching Party shall be entitled to all available equitable and legal remedies, including specific performance, injunctive relief and recovery of reasonable attorneys' fees and costs incurred in enforcing this Notice where permitted by law.

8. NOTICES

All notices, demands or other communications required or permitted under this Notice shall be in writing and delivered to the addresses below by hand delivery, nationally recognized overnight carrier, or certified mail, return receipt requested:

9. AMENDMENT, WAIVER, COUNTERPARTS

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

9.2 This Notice 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.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

10.1 Governing Law. This Notice shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

10.2 Entire Agreement. This Notice, together with any instruments referenced herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings.

10.3 Severability. If any provision of this Notice 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.

11. ADDITIONAL REPRESENTATIONS

Each Party represents and warrants that it has full power and authority to enter into this Notice and to perform its obligations hereunder and that the person signing below is duly authorized to execute this Notice on behalf of such Party.

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