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HomeMy WebLinkAbout08-6144- ~ . - c_ -•~ j~ '~j ulrpW~ 11LLQ ilil'~`~~ Wlil~y Local Agent: ® P.O. Drawer 2687 ///LLL ~-r- Chapel Hill, North Carolina 27515-2697 ~ S ,_ `C ~ ~,/ ~ ~~~ (919) 968-2200 (800) 326-4842 Fax: (919) 968-2235 c~ [ I V ~ Commonwealth of Pennsylvania, County of l -. ~N~ C~~ AFFIDAVIT REGARDING LIENS & INDEMNITY - -- (Seller to execute if sale; Borrower to execute if construction, refinance or other; _.. , AND General Contractor, if any, to execute) - Commitment /Policy No. ~~ ©©~ l ~~ ~ ,l ~ n On this ~~da of.~C~~7_ ~ , 20~, before me personally appeazed ~ l~ RJ ~ c L . ~1 S 1,~E? i-"' __ .Ownerofihepmperty,and 0 ~N1 ~~~ ~ (~ fa .General Contractor, to me personally known, who, being duly sworn on their oaths, did say as follows: (as indicated by checking the applicable box) (NOTE: unless otherwise indicated, paragraph (a) will be deemed to apply./ O (a) No Recent Improvements: Se1lerBorrower states there has been no work, labor or materials for repairs, additions or improvements made, ordered or contracted to be made on or to the premises, within six (6) months from the date hereof, nor are there any improvements or fixtures attached to the premises which have not been paid for in full; and that there are no outstanding or disputed claims for any such work or items. O (b) Construction or repairs completed within last six (6) months: Se1lerBorrower and General Contractor (if any) certify that all of the persons, firms and corporations, except those whose names, if any, appeaz in the Construction Disclosure section of this Affidavit, including the General Contractor and all subcontractors, who have furnished services, labor or materials, according to plans and specifications, or extra items, used in the construction or repair of such improvements, have been paid in full, that there are no mechanics' or materialmen's liens against said property and no claims outstanding which would entitle the holder thereof to claim a lien against the property (except those claims, if any, which aze shown in the Construction Disclosure section of this Affidavit) and that such construction or repair has been fully completed and accepted by the owner, or if not fully completed and accepted by the owner, that all persons, firms and corporations, who have furnished services, labor or materials used in such construction or repair have been paid in full or have executed a Waiver of Liens. The General Contractor hereby waives and releases his right to file a me anics' lien against the property. (c) Construction contemplated but not commenced: Seller/Borrower and General Contractor (if any) hereby ce ify that no services, labor or material have been performed or furnished and no construction has taken place at the time of or prior to recording of the Mortgage executed or to be executed as security for the loan to finance construction of improvements/repairs. Construction as used herein means to build, effect, alter, repair or demolish any improvement upon, connected with, or on or beneath the surface of the property; or to excavate, clear, grade, fill or landscape the property; site preparation (including architectural, surveying, and engineering services); offsite construction (including grading or paving of streets and installation ofutilities); and delivery ofbuilding materials or construction equipment to the property. SellerBorrower and General Contractor (if any) hereby agree that the aforesaid Mortgage shall constitute a first and pazamount lien for all amounts which have been or may be advanced under the relevant loan documents and Mortgage, and all of the claims and rights of the undersigned aze hereby subordinated to the lien of said Mortgage. O (d) Construction in progress and not completed: SellerBorrower and General Contractor (if any) hereby certify that prior to the recording of the Mortgage as security for the loan to finance construction of improvements or repairs, certain materials for the property had been famished and/or labor performed on the property. SellerBonower and General Contractor (if any) also hereby certify that those persons, fums or corporations whose names appear in the Construction Disclosure section of this Affidavit are the only persons who have provided materials and/or labor in connection with the property. SellerBorrower and General Contractor (if any) hereby agree that the aforesaid Mortgage shall constitute a first and pazamount lien for all amounts which have been or may be advanced under the relevant loan documents and Mortgage, and all of the claims and rights of the undersigned are hereby subordinated to the lien of said Mortgage. Deponent does hereby indemnify Investors Title Insurance Company against any and all matters, including but not limited to omissions, misstatements contained herein, and/or claims filed or recorded prior to and including the date of recording the deed or mortgage to be insured by the referenced commitment, and which aze the responsibility of the deponent and which may cause title to be construed to be unmarketable. General Contractor as party hereto does for a valuable consideration (by reason of the fact that Investors Title Insurance Company has agreed to issue its title insurance policies without exception to mechanics' and materialmen's liens) hereby agree to indemnify and hold Investors Title Insurance Company hazmless of and from any and all loss, cost, damage and expenses of every kind, including attorneys' fees, arising from any lien, claim or suit of or by any contractor, subcontractor, laborers, mechanics, and persons famishing materials, in connection with the construction or repair of such building or improvements on the above described real estate. This indemnity applies only to those matters for which the General Contractor has privity of contract. This Affidavit is given to induce Investors Title Insurance Company to issue its title insurance policy or policies, knowing it will rely on the accuracy of the statements herein made. The undersigned further agree(s) and do(es) hold harmless, and fully indemnify Investors Title Insurance Company for any losses or expenses it may incur by reason of its reliance on the accuracy of the statements made herein. Form No. PA-514 (Rev. 1 /2007) The real estate (and improvements) referred to herein is situated in the County of Commonwealth of Pennsylvania, and is briefly described as: EXECUTION BY SELLER/BORROWER and GENERAL CONTRACTOR (IF ANY) ~. ~ r Seller/Borrower SellerBo~rower Seller/Borrower State of IU ~ County otL,lJ~11V~1OtLC'tCM ~- ~INDIVID{d~L_ On this, the ~~ day of ~ 20~~ the undersigned officer, personally known to me (or satisfactorily proven) to be the person(s) whose name(s) aze subscribed to the within instrument, and acknowledge that he/she/they executed the same for the purposes therein contained. O CORPORATION: On this, the day of . 20~, the undersigned officer, personaily appeared ,acknowledged himself to be the of , a corporation, and that he as such being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as COMMONWEALTH [)F PRnnvevr In witness seal ~ _.. H. Anthony If Notary, my commission expires: General Contractor BY: State of f~ YUNS ounty 2j-ICJIr~~1 INDIVIDUAL: O the a o Q^- , 20~, the undersigned officer, pe onally appeazed known tome (or satisfactorily proven) to be the person() whose name(s) are subscribed to the within instrument, and acknowledge that he/she/they executed the same for [he purposes therein contained. O CORPORATION: On this, the day of , 20_, the undersigned officer, personally appeazed ,acknowledged himself to be the of , a corporation, and that he as such being authorized to do so, executed the foregoing instrument for the purposes therein contained b me of ~~~ the corporation by himself as COMMONWEALTI OF P Notarial Seal In witness pvhereof, I nto set m ficial seal. H. Anthony Adams, Notary Public I \\ Shippensburg Boro, Cumberland County \\ ` ~„__ ~ My Commission Expires May 31, 2010 Signature e Title If Notary, my commission expires: CONSTRUCTION DISCLOSURE The following parties have either (1) provided materials and/or labor for the property described in the Mortgage prior to recordation of the Mortgage, or (2) have not been paid in full as of the date of execution. Attach a Waiver and Release of Liens for each party listed. Form No. PA-514 (Rev. 1/2007) _ ~- ~. 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