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Just curious if anyone has signed anything like this before. This is just a sample, but in my opinion rare to see a title insurer request a notarized affidavit and commission wavier from a real estate broker. Never seen this asked before in NYC.
Personally appeared before me, this ___ day of July, 2018, the undersigned attesting officer, duly authorized by law to administer oaths, the undersigned Affiant, who being first duly sworn, upon oath says that:
Sample NYC Realty LLC a ___________________ limited liability company ("Broker") has a written contract for licensed brokerage services regarding the real property described on Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). Affiant is the agent of Broker, knows the facts contained herein of his own personal knowledge, and has full authority to make this Affidavit and Lien Waiver for and on behalf of Broker. Affiant states that (i) Broker has been paid the total compensation that Broker is entitled to receive under the aforesaid contract in full; and (ii) Broker is not entitled to any further amounts for licensed brokerage services with respect to the Property, including, but not limited to, those for management, selling, buying, leasing or other conveyancing of any interest in the Property. Affiant, for and on behalf of Broker, does hereby further waive and release any and all lien rights of Broker under applicable statutory or common law. This Affidavit and Lien Waiver is made to induce Basic Coverage Title Insurance Company to issue an owner's policy without the possibility of any such lien arising in connection therewith.
I HEREBY CERTIFY that on this day, before me, the undersigned notary public, duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ______________________________, as _____________________________of Sample NYC Realty LLC, a ___________________________ limited liability company, to me personally known to be the person described in and who executed the foregoing instrument or has produced a driver's license as identification and who did take an oath, and acknowledged the execution thereof to be his free act and deed as such duly authorized representative for the uses and purposes therein expressed, and the said instrument is his sole act and deed. WITNESS my hand and official seal this ____day of June, 2018.
EXHIBIT "A"
The land referred to herein below is situated in the County of Beach, State of Georgia, and is described as follows: A PORTION OF OUTPARCEL 7 OF BEACH BAY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 70, PAGES 20-23 OF THE PUBLIC RECORDS OF BEACH COUNTY, GEORGIA, WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF SAID OUTPARCEL 7, RUN SOUTH 56°23'12" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID OUTPARCEL 7 FOR A DISTANCE OF 321.00 FEET TO THE SOUTHWESTERLY CORNER OF OUTPARCEL 7; THENCE RUN NORTH 35°32'15" WEST, ALONG THE WESTERLY BOUNDARY OF SAID OUTPARCEL 7 FOR A DISTANCE OF 313 FEET; THENCE RUN NORTH 12°11'15" EAST FOR A DISTANCE OF 500 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT P4 OF SAID BEACH BAY; THENCE RUN SOUTH 12°14'14" EAST ALONG SAID WESTERLY BOUNDARY OF TRACT P4 FOR 7 FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT P4 OF BEACH BAY; THENCE RUN NORTH 12°56'13" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT P4 FOR A DISTANCE OF 85 FEET TO THE SOUTHEASTERLY CORNER OF TRACT P4; THENCE RUN SOUTH 13°56'15" EAST ALONG THE WESTERLY RIGHT-OF-WAY OF BEACH BAY PARKWAY FOR A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING.
Personally appeared before me, this ___ day of July, 2018, the undersigned attesting officer, duly authorized by law to administer oaths, the undersigned Affiant, who being first duly sworn, upon oath says that:
Sample NYC Realty LLC a ___________________ limited liability company ("Broker") has a written contract for licensed brokerage services regarding the real property described on Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). Affiant is the agent of Broker, knows the facts contained herein of his own personal knowledge, and has full authority to make this Affidavit and Lien Waiver for and on behalf of Broker. Affiant states that (i) Broker has been paid the total compensation that Broker is entitled to receive under the aforesaid contract in full; and (ii) Broker is not entitled to any further amounts for licensed brokerage services with respect to the Property, including, but not limited to, those for management, selling, buying, leasing or other conveyancing of any interest in the Property. Affiant, for and on behalf of Broker, does hereby further waive and release any and all lien rights of Broker under applicable statutory or common law. This Affidavit and Lien Waiver is made to induce Basic Coverage Title Insurance Company to issue an owner's policy without the possibility of any such lien arising in connection therewith.
I HEREBY CERTIFY that on this day, before me, the undersigned notary public, duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ______________________________, as _____________________________of Sample NYC Realty LLC, a ___________________________ limited liability company, to me personally known to be the person described in and who executed the foregoing instrument or has produced a driver's license as identification and who did take an oath, and acknowledged the execution thereof to be his free act and deed as such duly authorized representative for the uses and purposes therein expressed, and the said instrument is his sole act and deed. WITNESS my hand and official seal this ____day of June, 2018.
EXHIBIT "A"
Legal Description
The land referred to herein below is situated in the County of Beach, State of Georgia, and is described as follows: A PORTION OF OUTPARCEL 7 OF BEACH BAY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 70, PAGES 20-23 OF THE PUBLIC RECORDS OF BEACH COUNTY, GEORGIA, WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF SAID OUTPARCEL 7, RUN SOUTH 56°23'12" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID OUTPARCEL 7 FOR A DISTANCE OF 321.00 FEET TO THE SOUTHWESTERLY CORNER OF OUTPARCEL 7; THENCE RUN NORTH 35°32'15" WEST, ALONG THE WESTERLY BOUNDARY OF SAID OUTPARCEL 7 FOR A DISTANCE OF 313 FEET; THENCE RUN NORTH 12°11'15" EAST FOR A DISTANCE OF 500 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT P4 OF SAID BEACH BAY; THENCE RUN SOUTH 12°14'14" EAST ALONG SAID WESTERLY BOUNDARY OF TRACT P4 FOR 7 FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT P4 OF BEACH BAY; THENCE RUN NORTH 12°56'13" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT P4 FOR A DISTANCE OF 85 FEET TO THE SOUTHEASTERLY CORNER OF TRACT P4; THENCE RUN SOUTH 13°56'15" EAST ALONG THE WESTERLY RIGHT-OF-WAY OF BEACH BAY PARKWAY FOR A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING.