TX Affidavit Regarding Dairy Production (Home Equity Transactions) 1

DAIRY PRODUCTION AFFIDAVIT (Revised 6/18/98)

[Not applicable for loan originating after 1-1-2018.]

(IF ANY ITEM IS NOT TRUE, THE AFFIANTS SHOULD HANDWRITE

APPROPRIATE CORRECTIONS)

STATE OF TEXAS

Before me, the undersigned authority appeared the Affiants (whether one or more), who being by me duly sworn, on his/her/their oaths stated the following to be true, correct and complete:

1.The Affiants own the title to the Land described in the Title Insurance Commitment issued to the Lender in connection with the Dairy Farm Equity Mortgage (made pursuant to Subsection (a)(6) of Section 50, Article XVI, Texas Constitution).

2.The Land is used primarily for the production of milk. The land is used for dairy farm operations and dairy production. The Affiants have earned a majority of their income from production of milk during each of the preceding three years and during the current year. Each tract which constitutes part of the Land is used primarily to raise and maintain dairy cows and to produce milk. No tract which constitutes part of the Land is used primarily for any other purpose, including crops for sale, cattle for beef production, chickens, pigs, sheep, goats, or other livestock.

3.The Affiants' marital status has not changed since the Affiants acquired title to the Land and is correctly reflected by the recitals as to marital status in the Dairy Farm Equity Mortgage executed by the Affiants. The Affiants have not secured a divorce or married since the Affiants acquired title to the Land.

4.There are no unpaid judgment liens or federal or state tax liens owed by or claimed against the Affiants.

5.There are no unpaid bills for labor, material or services for improvements or repairs to the Land, the Affiants have not entered any outstanding contracts for repairs or improvements to the Land, and the Affiants have not begun any repairs or improvements to the land to be paid with proceeds of the Dairy Farm Equity Mortgage.

6.There are no mortgages, deeds of trust, liens or other claims or rights to the title to the Land that are not shown on the Title Insurance Commitment.

7.The Affiants do not have a pending Bankruptcy Case or Bankruptcy Plan.

8.There are no unpaid ad valorem taxes, standby fees, or assessments by any taxing authority for prior years relating to the Land.

9.The HUD-1 or HUD-1A signed by the Affiants correctly reflects all fees paid by the Affiants in connection with and for the Dairy Farm Equity Mortgage.

10.The Affiants have received copies of all documents signed by the Affiants.

11.None of the instruments, documents or papers signed by the Affiants contained blanks when signed.

12.All of the Land is the homestead of the Affiants. No part of the Land is not the homestead of Affiants.

13.The Affiants do not have or claim any other property (other than the Land) as homestead.

14.The land does not exceed 200 acres if the Affiants are a family (or 100 acres if Affiants are a single person not a constituent of a family).

15.The Affiants do not have any outstanding extensions of credit made pursuant to Section 50(a)(6) of Article XVI, Texas Constitution (Equity Mortgages) or Home Equity Mortgages or Loans on the Land or on other land. The Affiants have not closed on or executed such Mortgages or Loans within the last year.

16.Stewart Title Guaranty Company and the Title Insurance Agent, if any, have not provided tax advice to the Affiants.

17.Affiants acknowledge that Lender and Stewart Title Guaranty Company and the Title Insurance Agent, if any, are relying on this written representation by Affiants as to the Land.

_________________________

_________________________ (Print Name) ("Affiants")

[Print Additional Signatures as Necessary]

State of Texas

County of ________________

Sworn to and subscribed before me the undersigned authority by _____________________________ on this the ______ day of _____ 20___.

_____________________________

Notary Public in and for

the State of Texas

NOTE: ALL BLANKS MUST BE COMPLETED

 

No guidelines are available for this form at this time.