Affidavit of Debts and Liens [and Indemnity]
Date:
Contract of Sale
Date:
Seller:
Buyer:
Property:
Permit No.: [include specific reference to all surface water permits and groundwater permits associated with the property]
Affiant:
Lender:
Title Insurance Provider
Agent:
Underwriter:
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Include the following if applicable. |
Commitment for Title Insurance
GF#:
Issuance Date [and Time]:
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Continue with the following. |
Closer:
Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:
1.Affiant is [Seller/[the president/an authorized partner/a general partner/[describe other representative capacity] of Seller]] and authorized to make this affidavit [on behalf of Seller].
2.Seller is the owner of [an undivided interest in] the Property [include if applicable: together with the other persons identified above as Seller] and Permit No. [number].
3.Seller has performed its obligations under the Contract by [include as applicable: providing Buyer with copies of or access to all records required to be furnished to Buyer/terminating all lease, service, or maintenance agreements required to be terminated/obtaining the release of all liens, security instruments, and encumbrances required to be released/[describe other obligations]].
4.Seller has not granted any rights or interests in the Property during the pendency of the Contract, and there are no leases, contracts to sell the Property, or parties in possession of the Property [include if applicable: , except [specify]].
5.Seller has made no improvements to the Property that have not been fully paid for or that could give rise to any mechanic’s and materialman’s liens or adverse claims [include if applicable: , except [specify]].
6.Seller has not received notice of any adverse claim, violation of applicable law, notice of default, notice of intent to condemn, or threatened lawsuit or proceeding that could adversely affect the Property or Buyer’s rights in the Property or Permit No. [number] [include if applicable: , except [specify]].
7.There are no unpaid debts, judgments, liens, or obligations affecting the Property [include if applicable: , except [specify]].
8.Seller has paid all fees and filed all reports required by the [Texas Commission on Environmental Quality/[name of applicable groundwater authority]], and there are no outstanding deficiencies or violations related to Permit No. [number].
9.Affiant acknowledges that this affidavit is made to induce Buyer to purchase the Property [include as applicable: [and/,] Lender to make a loan to Buyer secured by the Property/[and/,] Title Insurance Provider to insure title to the Property subject only to the exceptions shown in Schedule B of the Commitment for Title Insurance/[and] Closer to close this transaction].
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Include the following if applicable. |
10.The representations and warranties set out in the Contract are still true and correct [include if applicable: , except [specify]].
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Include the following if applicable. |
11.The indemnification obligations set out in the Contract are hereby acknowledged and confirmed.
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Continue with the following. |
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas
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Include the following if applicable. |
Indemnity
For valuable consideration, [Affiant/Seller] indemnifies and agrees to defend and hold Buyer [and [Lender/Title Insurance Provider/Closer]] harmless from all losses, damages, judgments, and expenses, including attorney’s fees and court and other costs, that Buyer [and [Lender/Title Insurance Provider/Closer]] suffer[s], incur[s] or pay[s] because any part of this Affidavit is not true or completely correct.
[Name of affiant or seller]