Owner's Affidavit Declaration

OWNER'S AFFIDAVIT DECLARATION

This Owner's Affidavit Declaration is made and entered into as of the date set forth below by the undersigned owner(s) and is delivered to the recipient for reliance in connection with the conveyance, title examination, closing, or other disposition of the real property described herein.

Owner Name:   Owner Capacity (individual/entity):

Owner Address:

RECITALS

WHEREAS, Owner is the lawful record owner of the real property commonly known as (the "Property"), more particularly described by the legal description set forth below; and

WHEREAS, Owner has been requested to execute and deliver this Owner's Affidavit Declaration to certify certain facts relating to Owner's title, authority, and the existence or absence of liens, encumbrances, claims, or proceedings affecting the Property; and

WHEREAS, Recipient is the party entitled to rely upon the representations and warranties contained herein in connection with a transfer, closing, title insurance commitment, loan, or other transaction involving the Property.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby certifies, warrants, and represents to Recipient as follows:

1. PROPERTY DESCRIPTION

2. OWNERSHIP AND AUTHORITY

2.1 Owner affirms that Owner is the sole legal and equitable owner of the Property and has full power and authority to convey, encumber, or otherwise deal with the Property as of the date hereof.

2.2 If Owner is an entity, the person executing this Affidavit on behalf of such entity represents and warrants that they have been duly authorized and have full authority to bind the entity. Entity type (check all that apply):   Individual   LLC   Corporation   Trust

3. LIENS, ENCUMBRANCES AND EXCEPTIONS

3.1 Except as specifically disclosed in writing below, Owner represents that there are no outstanding mortgages, deeds of trust, security interests, judgments, tax liens, unpaid assessments, or other liens or encumbrances affecting the Property. If exceptions exist, list all liens, encumbrances and the name of the lienholder(s) with date and recording information:

3.2 Owner further certifies that to Owner's knowledge there are no unrecorded leases, easements, options to purchase, or agreements affecting the Property except as disclosed above.

4. TAXES, ASSESSMENTS AND CLAIMS

4.1 All real estate taxes, assessments, and charges for which Owner is liable and which become due and payable prior to the date of transfer have been paid, except those not yet due and described here:

5. LITIGATION, BANKRUPTCY AND CLAIMS

5.1 Owner warrants that there are no pending or threatened actions, suits, proceedings, or claims known to Owner that affect Owner's title to or possession of the Property, and Owner is not a party to any bankruptcy, receivership, or insolvency proceeding except as disclosed below:

6. REPRESENTATIONS AND WARRANTIES

6.1 Owner represents and warrants that the statements contained in this Affidavit are true, correct, and complete as of the date hereof and are made under penalty of perjury. Owner agrees to indemnify, defend and hold harmless Recipient from any loss, cost or expense (including reasonable attorneys' fees) arising from a breach of any representation or warranty contained in this Affidavit.

7. FURTHER ASSURANCES

7.1 Owner agrees, at Owner's expense, to execute and deliver such further instruments and documents and to take such further actions as Recipient may reasonably request to effectuate the intent and purpose of this Affidavit and to cure any defect in the title asserted by Recipient.

8. NOTICES

All notices or communications required or permitted under this Affidavit shall be in writing and shall be deemed delivered upon personal delivery, or on the third business day after deposit in the United States mail, postage prepaid, sent to the addresses set forth below or to such other address as a party may designate by notice to the other.

9. GOVERNING LAW; MISCELLANEOUS

9.1 Governing Law. This Affidavit shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

9.2 Entire Agreement. This Affidavit constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.

9.3 Severability. If any provision of this Affidavit is held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

9.4 Amendments and Waiver. No amendment, modification or waiver of any provision of this Affidavit shall be effective unless in writing and signed by the party against whom enforcement is sought. No failure or delay by any party in exercising any right shall operate as a waiver.

9.5 Counterparts. This Affidavit 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. OATH AND DECLARATION

Owner declares under penalty of perjury under the laws of the state of that the foregoing is true and correct and that Owner is competent to execute this Affidavit.

Date of Execution:

ACKNOWLEDGEMENT

The undersigned Owner acknowledges that Recipient and any title company, lender, purchaser or insurer may rely upon the representations, warranties and certifications contained in this Affidavit in making determinations relating to title, insurance, financing, or disposition of the Property.

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