Form 9-9

Collateral Note Maker’s Estoppel Certificate

Basic Information

Date:

Debtor:

Debtor’s Mailing Address:

Secured Party:

Secured Party’s Mailing Address:

Collateral Note: Note dated [date], in the original principal amount of $[amount], executed by Collateral Note Maker and payable to Debtor as therein provided.

Collateral Note Maker:

Collateral Note Maker’s Mailing Address:

Deed of Trust: Deed of trust securing Collateral Note, recorded in [recording data] of the real property records of [county] County, Texas.

Real Property:

A. Reason for and Reliance on Certificate

Debtor has requested that Secured Party make a loan to be secured by the Collateral Note, and Secured Party has agreed to do so. As a condition for this loan, Secured Party requires Collateral Note Maker to verify the following information concerning the Collateral Note. Collateral Note Maker understands that Secured Party is relying on this information in connection with the closing of the loan.

B.Representations

Collateral Note Maker represents to Secured Party that—

B.1.True and complete copies of the Collateral Note and Deed of Trust are attached as Exhibits [exhibit numbers/letters].

B.2.The Collateral Note and Deed of Trust have not been modified.

B.3.The present unpaid balance of the Collateral Note is $[amount].

B.4.The amount of accrued unpaid interest on the Collateral Note is $[amount].

B.5.Collateral Note Maker has no claims, setoffs, or defenses to payment of the Col­lateral Note or against Debtor.

B.6.No default presently exists under the terms of the Collateral Note or Deed of Trust or any other loan documents.

B.7.No amount is being held in escrow by Debtor.

B.7.The amount of $[amount] is presently being held in escrow by Debtor for the payment of taxes, insurance, or both, under the terms of the Collateral Note and Deed of Trust.

C.Agreement

Collateral Note Maker agrees with Secured Party that—

C.1.The Collateral Note and Deed of Trust will not be modified without Secured Party’s prior written consent.

C.2.Collateral Note Maker has been furnished with a copy of the collateral transfer of note and lien dated [date] executed by Debtor to Secured Party and agrees to abide by its terms.

C.3.Secured Party is the current holder of the Collateral Note and is the only party entitled to receive payments on the Collateral Note.

C.4.Collateral Note Maker will make regularly scheduled monthly payments on the Collateral Note only to Debtor. On written request of Secured Party, Collateral Note Maker will make all payments on the Collateral Note directly to Secured Party.

C.4.Collateral Note Maker will make all payments on the Collateral Note directly to Secured Party.

D.Debtor’s Consent

Debtor joins in this agreement to evidence its consent to Collateral Note Maker’s obli­gations hereunder.

   
[Name of collateral note maker]

   
[Name of debtor]