Real Estate Removal Document

REAL ESTATE REMOVAL DOCUMENT

Parties

Property Identification

Recitals

WHEREAS, on or about an instrument evidencing an encumbrance against the Property was recorded as Instrument/Document No. in the Official Records of the county in which the Property is located (the "Original Instrument");

WHEREAS, the parties desire to remove, release and extinguish the encumbrance identified in the Original Instrument as set forth below and to authorize recordation of this document to reflect the release of such encumbrance.

Release and Removal

For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lienholder hereby RELEASES, REMOVES and FOREVER DISCHARGES the encumbrance described in the Original Instrument to the extent of the Lienholder's interest, so that the Property shall be freed and clear of the encumbrance described below, effective as of .

Representations; Authority

Lienholder represents and warrants that it is the lawful holder of the interest described in the Original Instrument, that it has full power and authority to execute and deliver this Release, that no other person or entity has a superior right to enforce the encumbrance being released, and that, to Lienholder's knowledge, there are no outstanding liens or claims arising from Lienholder that would prevent the intended removal except as disclosed herein.

Owner represents that it is the record owner of the Property or is authorized to act on behalf of such owner, and Owner consents to recordation of this document for the purpose of releasing the encumbrance identified herein.

Authorization to Record; Further Assurances

Lienholder hereby authorizes and requests that this Release be recorded in the Official Records of the county in which the Property is located and that upon recordation the encumbrance described herein be released and cancelled of record. Each party shall execute and deliver such further instruments and take such further actions as reasonably may be required to effectuate the release and removal of the encumbrance.

Remaining Encumbrances; Disclosures

Are there known remaining encumbrances, liens, or assessments affecting the Property not released by this document?

Indemnity; Remedies; Default

Each party agrees to indemnify and hold the other harmless from and against all claims, costs and expenses (including reasonable attorneys' fees) arising from any breach of the representations, warranties or covenants made in this document. In the event of a breach, the non-breaching party shall be entitled to pursue all available legal and equitable remedies, including specific performance, injunctive relief and damages.

Governing Law; Miscellaneous

This document shall be governed by and construed in accordance with the laws of the state of without reference to conflict-of-law principles. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes prior negotiations and agreements. This document may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

Acknowledgement

Each signatory below certifies under penalty of perjury that the signatory is authorized to execute this document on behalf of the named party and that the information contained herein is true, correct and complete to the best of the signatory's knowledge.

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