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Chapter 10

Form 10-8

Designation of Homestead and Affidavit of Nonhomestead

Date:

Affiant:

Affiant’s Homestead Property:

For a rural homestead, indicate the number of acres desig­nated, not to exceed 200 acres if the homestead of a family or 100 acres if the homestead of a single adult. If there is more than one survey, include the number of acres in each. For an urban homestead, indicate the number of acres designated, not to exceed 10 acres.

Current Record Title Holder of Affiant’s Homestead Property:

Affiant’s Nonhomestead Property:

[Lender:]

Affiant on oath swears that the following statements are true and are within the per­sonal knowledge of Affiant:

1.My full legal name is [full legal name of affiant], and I am over the age of eighteen years.

2.I currently reside at [current residence address].

3.I do not now intend or ever intend to reside on, use in any manner, or claim Affi­ant’s Nonhomestead Property as a business or residence homestead.

4.I disclaim all homestead right, interest, and exemption in Affiant’s Nonhomestead Property.

5.I now own and reside on, use, claim, and designate Affiant’s Homestead Property as my only legal homestead, exempt from forced sale under the constitution and laws of Texas.

6.This affidavit and this designation are made to [induce Lender to make a loan secured by a deed of trust on Affiant’s Nonhomestead Property/[state other purpose of affidavit]].

   
[Name of affiant]

SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].

   
Notary Public, State of Texas