GA Seller's Affidavit

SELLER'S AFFIDAVIT

Personally appeared before me on this _____ day of  ______, 20__, the undersigned , who, being duly sworn, depose and say on oath to the best of his knowledge the following:

That the undersigned, hereinafter referred to as "Seller", whether singular or plural, has personal knowledge of the facts sworn to in this affidavit (“Affidavit”).

That the certain property lying and being in                           , GEORGIA, more particularly described on Exhibit "A", attached hereto and by this reference made a part hereof (hereinafter "Property") is owned by Seller. That Seller is in exclusive, open, notorious, continuous and peaceable possession of the Property and no one has claimed any adverse interest in the Property whatsoever.

That no labor, materials, or services have been furnished to or utilized for the improvement of the Property at the instance of Seller during the NINETY FIVE (95) DAYS immediately preceding the date of this affidavit (“Lien Period”); or, if any labor, materials or services have been furnished during the Lien Period, the agreed price of the labor, materials or services has been paid in full or has been waived in writing by the person or entity so furnishing or providing same.

That there are no liens, easements, restrictions, deeds to secure debt, assessments or other encumbrances against the Property, except those shown on Exhibit "B" attached hereto and incorporated by this reference.

There are no tenants, under unrecorded leases or other parties who are in possession or have the right to be in possession of said Premises and no option to purchase or right of first refusal affecting the Premises.

That there are no pending suits, proceedings, judgments, liens, encumbrances or executions against the Seller which affects the Property.

That there is no litigation or proceeding pending or to the knowledge of the Seller threatened against or relating to the Property nor does the Seller know or have reasonable grounds to know of any basis for any such action, including but not limited to, condemnation or eminent domain proceedings.

That no proceedings in bankruptcy or receivership have been instituted by or against the Seller nor has the Seller ever made an assignment for the benefit of creditors.

That there are no unrecorded easements or rights of way created through another’s use or adverse interest in the Property.

That the lines and corners of the Property are located as described on Exhibit “A” and the Seller is unaware of any disputes concerning: (i) the location of the lines, corners or boundaries of the Property, (ii) the improvements located on the Property which do not overlap into adjoining properties, and the improvements located on adjoining properties do not encroach onto the Property.

That, other than taxes which are not yet due and payable,  there are no matters pending against the Seller that could give rise to a lien that would attach to the Property prior to the the recording of the interest to be insured.

That the Seller has not and will not execute any instrument that would adversely affect the title or interest to be insured.

That no assessments for improvements have been made against the Property on behalf of Seller which remain unpaid, including, without limitation, those for construction of sewer and water lines and mains, streets, sidewalks and curbs and there are no pending assessments against the Property for any improvements made on behalf of Seller which have not heretofore been completed, assessed and paid. Additionally, Seller has not appealed any prior assessments of the Property.

That, except as shown on the closing or settlement statement for the transaction associated with this Affidavit, all water and sewer bills applicable to the Property that are due and payable have been paid in full.

All taxes and assessments by a taxing authority are paid through 20__.

The Seller makes this Affidavit to induce Stewart Title Guaranty Company (“Title Company”) to issue a policy/ies of title insurance and understands that the Title Company is relying on the statements made herein in issuing such policy/ies.  The Seller further states that it is familiar with the nature of an oath; and with the penalties as provided by the laws of the State of Georgia for falsely swearing to statements made in an instrument of this nature.  The Seller further certifies that it has read and understands the full facts of this Affidavit The Seller (if more than one, jointly and severally) agrees to indemnify, defend and hold harmless the Title Company from and against all claims, costs, losses, liabilities, damages, expenses, fees, including attorneys' fees and expenses to enforce any of the terms of this Affidavit.

The undersigned declares under penalty of perjury that the foregoing is true and correct as of _______, 201.

 

                                                                                   

 

                                                                                   

Signed, sealed and delivered in the presence of:

                                                                                   

Witness

                                                                                   

Notary Public

            [Notary seal]

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