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Chapter 10

Form 10-24

Affidavit of Mailing of Lender’s Rescission and Waiver
of Acceleration of Note

Date:

Affiant:

Note

Date:

Original principal amount:

Borrower:

Mortgagee:

Original stated maturity date:

Accelerated maturity date:

Rescission Date:

Deed of Trust

Date:

Grantor:

Mortgagee:

[Servicer: [include name of servicer if servicer is not mortgagee]]

Recording information:

Property: [Insert property description and include the following if applicable: including all personal property secured by the security agreement included in the Deed of Trust.]

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

1.This affidavit is made with respect to Mortgagee’s rescission and waiver, as of the Rescission Date, of Mortgagee’s prior acceleration of the maturity of the Note.

2.Attached to this affidavit is a copy of the letter and accompanying Lender’s Rescission and Waiver of Acceleration of Note (collectively, the “Written Notice”) served by [first-class mail/certified mail] on each debtor obligated to pay the Note, in compliance with Texas Civil Practice and Remedies Code section 16.038, by [Mortgagee/Servicer/an attorney representing Mortgagee], either personally or by an agent, depositing a copy of the Written Notice in the United States mail, postage prepaid, addressed to each debtor obligated to pay the Note at each debtor’s last known address.

   
[Name of affiant]

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

   
Notary Public, State of Texas

After recording return to:

[name and address]

Include attachments.