Fill and Sign the Mobile Notary Form

Agreement with Mobile Notary Service Agreement made on the _________________ (date) , between ____________________ (Name of Notary Public) of _____________________________________________________ ______________________ (street address, city, state, zip code) , referred to herein as Notary , and ______________________ (Name of Escrow Agent or Closing Attorney) , of ____________________________________________________________________________ (street address, city, state, zip code) , referred to herein as Agent . . Whereas, Notary is a _________________ (Name of State) Notary Public who provides mobile notary services at mortgage, escrow, title, and other loan closings; and Whereas, Agent desires to procure Notary’s services at a loan closing (the Closing ) to be held ___________________ (date) involving _____________________________________ ____________________________________________________________________________ __________________________________ (Names and Addresses of Lender and Borrower ) pursuant to the terms of this Agreement; 1. Service and/or Duties Agent and Notary agree that Notary’s sole duty is to provide Notary Public Service so the Agent can get the necessary documents Notarized at the Closing after the appropriate parties sign such documents. No other duties other than the one prescribed herein have been assigned to Notary. 2. Compensation A. Agent agrees to pay Notary the sum of $_________ her services at Closing. B. If the Closing is cancelled, with one day or more advance confirmed notice, the above compensation indicated in Section 1 will not be due. Confirmation of cancellation shall consist of live personal voice contact with Notary. Email, fax, voicemail, text, or other electronic deliveries are not acceptable. If notification is given with less than one day advance notification, then Notary shall be paid as set forth in sub-section C below. C. If the Closing is cancelled without proper notification, the above compensation is still payable at a Fifty Percent (50%) reduction. 3. Effective Date, Term and Termination. A. This Agreement is for the time period starting at ___________ (time of day) on _____________________ (date) . B. If for any reason the Closing is rescheduled to another date this Agreement shall remain in effect for each subsequent date, provided both Notary and the Agent agree to keep this Agreement in effect. Otherwise, this Agreement shall terminate. 4. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 5. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 7. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by a personal phone call from the other party. 8. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 9. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 10. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 12. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 13. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Notary) (Signature of Agent)