HomeMy WebLinkAbout2003-144 Affidavit & Indemnity JUL-30-2003 08:12 PR RRERITITLE-RSHLRND FR× NO, 641 488 104 ?, 01/01
AS0754659
A~FIDAVITAND INDEMNITY CONSTRUCTION
(Exis=ing Construction)
Wh~REAS the undersigned Affiant (if more than one, herein collectively called
the Affiant} is the owner of the land (the Land) described in that certain
Commitment for Title Insurance issumd by AMERITITLE AND TRANiNATION (the
Company) %knder NO. 0754659 (the CommitmenC), for an ALTA Owner's and/or Loan
Policy of title insurance (the Policy er Policies),
AND WHEREAS, the Proposed Insured(s) under said Commitment is/are requesting the
Company to issue its Policy or Policies with Extended Coverage, and to delete therefrom
the General Exceptions for rights or claims of parties in possession and unrecorded
lie~ rights,
AND WHEREAS the Affiant acknowledges that the Company would refrain from issuing
said Policy or Policies without showing said General Exceptions in the absence of the
representations, agreements and undertakings contained herein.
Nothing contained herein shall be construed so as to obligate the Company to issue
said Policy or Policies without showing said General Exceptions. However, should the
Company do so, it may do so in part in reliance upon the undertakings of the
undersigned Affiant and the issuance of che Policy or Policies sh~ll be the
consideration for the undertakings contained herein.
NOW THEREFORE the Affiant, being first duly sworn, deposes and says that:
~ and the
Affiant's enjoyment thereof has been peaceable and %undisturbed.
2. There are no oral or written leases, tena~cies or other occupancies, nor any rights
of firs~ refusal or options to purchase said land, except (attach list, if necessary,
and attached copies of any written agreements; if none, state "NONE"):
3- There are no contracts for the making of repairs or for new construction on said
Land, nor are there any unpaid bills or claims for labor or services perforated or
material furnished or delivmred during the last twelve [12) months for alterations,
repair work or new construction on said Land, including site preparation, soil tests,
site surveys, demolition, e~c., except (if none, state "NONE"):
The Affiant hereby agrees (1) to indemnify, protect, defend and save harmless the
Company from and against any and all loss. costs, damages, and attorney's fees it may
suffer, expend or incur under or by reason, or in consequence of or growing o~/t of any
such matters no~ identified here/n, and (2) to defend at th~ Affiant's own costs and
charges in behalf of and for the protection of the Company and of any parties insured
or who may be insured a~ainst loss by it under said Policy or Policies (but wi=hour
prejudice to ~he right o~ the Company to defend a~ the expense of th~ Affiant if it se
electS) any and every suit, action or proceeding in which any such matters may be
asserted er qtt~mpted to be asserted, established or enforced with respect to said land.
THE CITY OFA~S}tLAND, tA MUNICIPAL
COR PORAT I ON~/~ ~A~ _
State of Oregon
This instrument was acknowledged before me on July ~/, 2003 by
· (Notary Public for Oregon)
My commisBion exp~reB_
BARBARA M. CtlRISTEflSEfl
NOTARY PUBUC'OREGON
.~,,, COMMISSION NO. ~2~