Alabama Title Co

ALABAMA TITLE CO., INC. and/or

COMMONWEALTH LAND TITLE INSURANCE COMPANY

GAP AFFIDAVIT AND INDEMNITY AGREEMENT

STATE OF ALABAMA

COUNTY OF ______

Before me, the undersigned Notary Public in and for said County and State, personally appeared ______, (Deponent) known to me and being first duly sworn, deposes and says:

(1) That ______own(s) the following real property in the City of ______, County of ______, State of ______described in the mortgage/deed delivered simultaneously herewith, and that the title to said premises is not in dispute.

(2) That there are no persons, corporations, or other entities in possession of said real estate who have a right or claim to possession extending beyond the date hereof, or (excepting the Grantee in the aforementioned mortgage/deed) who have a right or claim to possession arising beyond the date hereof, except as shown herein below:

(3) That Deponent knows of no persons, corporations or other entities claiming any interest whatsoever in said real estate by reason of any unrecorded deed, contract or other document of title and that preceding the execution hereof, no interest in the real estate has been granted to any other person, corporations or other entities whatsoever, which persons, corporations or other entities have not executed the documents in the current transaction.

(4) That there are no suits, lis pendens, judgments, appeals, bankruptcies, executions or defaulted surety bonds against the Deponent of the real estate in any state or Federal court whatsoever that could in any way affect title to said real estate, the improvements thereon or the fixtures attached thereto.

(5) That all assessments against the Deponent or applicable to the real estate including assessments for street lighting, water and sewer construction, sanitary assessments and other governmental services have been paid in full, excepting only those taxes specifically set out and shown herein below.

(6) That said Deponent knows of no set of facts nor has taken any action which would create any defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date of the commitment issued by Commonwealth Land Title Insurance Company to insure said property but prior to the date of the closing of the current transaction.

(7) That the undersigned make(s) this statement for the express purpose of inducing Commonwealth Land Title Insurance Company to insure title to said property to be free from adverse claims or liens not herein stated, and of enabling said Deponents(s) to receive the consideration from sale, lease or mortgage of said property. Deponent(s) guarantee and warrant the statements of fact herein, which shall be construed as a continual contractual obligation in favor of said Company

(8) That in consideration of the issuance of title insurance by said Company as aforesaid, the undersigned agree(s) to indemnify and hold harmless said Company against all loss or expense on account of any matter or thing omitted from the foregoing factual statement, including expense of enforcing this agreement.

(9) That Deponent makes this affidavit knowing that the same will be relied upon by certain purchasers, lenders, attorneys and title companies interested in title to the said real estate.

Signatures:

______

Sworn to and subscribed before me this, the ___ day of ______, 20___

______

Notary Public

My commission Expires:______