Affidavit And Agreement (Fannie Mae)

FannieMae Affidavit and Agreement (by Borrower and Property Seller) State of County of , a notary public in and for County, Before me, (referred to herein, personally appeared whether one or more persons, as "Borrower Affiant"); and (referred to herein, whether one or more persons, as "Seller Affiant"); and each such person, being of lawful age and being duly sworn according to law, upon oath deposes and makes the applicable statements contained in Sections III below; and Borrower Affiant and Seller Affiant also agree as provided in Section II below. I. REPRESENTATIONS: Representation No. 1. That Borrower Affiant is the party named in a promissory note (referred to herein as the "Note") and a mortgage, deed or trust, or deed to secure debt (referred to herein as the "Security Instrument"), both bearing date of __________________________, evidencing and securing a loan (referred to here in as the "Loan") constituting a lien on the property located at __________________________________________________________________________________ (referred to herein as the "Property"), the Loan having been made to Borrower Affiant by (referred to herein as the "Lender"). Representation No. 2. That Seller Affiant is the sell of the Property to Borrower Affiant. Representation No. 3. That the purpose of the Loan is as shown by X in the appropriate space below: ___ to finance Borrower Affiant's purchase of the Property, at the purchase price of $ ___ to refinance outstanding debt against the Property. ___ for the following purpose: Representation No. 4 That the financial terms of the transaction constituting or related to the Loan are as follows: Amount of the First Mortgage on the Property $_________________ Cash Equity (if the Loan is not a refinancing) $_________________ Purchase Price of the Property $_________________ Initial Monthly Payment under the Note $_________________ There is no subordinate financing relating to the Property except as specifically set forth immediately below: Terms of Subordinate Financing Amount: $ Term: months Interest Rate: Monthly Payment: $ Name and address of the holder of such subordinate financing: Representation No. 5. That Borrower Affiant has not given, conveyed, permitted, or contracted for, or agreed to give, convey, or permit any lien upon the Property to secure a debt or loan, except for any lien connected with subordinate financing upon the Property, as fully disclosed in Representation No. 4 above, and the lien referred to in Representation No. 1 above. Representation No. 6. That if the Loan is for the purpose of financing Borrower Affiant's purchase of the Property, such as interest charges, real estate taxes, hazard insurance premiums, initial mortgage insurance premiums, or of funds to be used for renewal of mortgage insurance relating to the Loan, have been, or will be paid, funded, or borne by Seller Affiant for or on behalf of Borrower Affiant, except as otherwise specifically stated immediately below. Representation No. 7. As indicated by X in the appropriate space adjacent to A or B below. ___ A. That (If indicated by X in the appropriate space adjacent hereto) Borrower Affiant now occupies the Property as Borrower Affiant's principal residence, or in good faith will so occupy the property, commencing such occupancy not later than: (a) thirty (30) days after this date or (b) thirty (30) days after the Property shall first have become ready to occupancy as a habitable dwelling, whichever is later. ___ B. That (If indicated by X in the appropriate space adjacent hereto) Borrower Affiant does not occupy the Property as Borrower Affiant's principal residence and does not intend to do so. Initials of Borrower Affiant Initials of Seller Affiant II. AGREEMENT PROVISION: A. Borrower Covenant: Borrower Affiant agrees that (if an X is placed in the appropriate space adjacent to Representation No. 7A of Section I above): (1) it shall be an additional covenant of the Security Instrument that Borrower/Affiant occupy the property as provided in such Representation No. 7A; and (2) failure to so occupy the property shall constitute a breach of covenant under the Security Instrument that shall entitle the Lender, its successors and American LegalNet, Inc. www.FormsWorkflow.com assigns, to exercise the remedies for a breach of covenant provided in the Security Instrument. B. Inducement Agreement. Borrower Affiant and Seller Affiant agree and acknowledge that the foregoing Borrower Covenant (if applicable), the Representation made in Section I above, and the Statement under Oath made in Section III below are made for the purpose of inducing the Lender and its assigns to make or purchase the Loan. III. STATEMENT UNDER OATH A. By Borrower Affiant: Borrower Affiant hereby deposes and says upon oath that those Representations referred to and set forth in Section I above as Representations Nos. 1, 3, 4, 5, 6, and (if applicable) Representation No. 7A are true and correct. B. By Seller Affiant: Seller Affiant hereby deposes and says upon oath that those Representations referred to and set for in Section I above as Representations Nos. 2 and 6 are true and correct, and that Representations Nos. 1, 3, 4, 5, and (if applicable) Representation No. 7A, as referred to and set forth in such Section, are true and correct to the best of Seller Affiant's knowledge, information, as belief. _____________________________________________ (signature) (Borrower Affiant) _____________________________________________ (signature) (Seller Affiant) _____________________________________________ (signature) (Borrower Affiant) _____________________________________________ (signature) (Seller Affiant) Sworn to before me and subscribed in my presence this day of , 20 . _____________________________________________ Notary public in and for My commission expires: County (Date) CERTIFICATE AND ACKNOWLEDGEMENT BY SELLER The Lender hereby represents to, and certifies for the reliance of, any party to which the Loan hereafter is sold or assigned, that all of the applicable representations and statements contained in Sections I and III above are true and correct to the best of the Lender's knowledge, information and belief. In addition, the Lender here acknowledges and accepts the Borrower Covenant (if applicable) and the Inducement Agreement, set forth, respectively, in Paragraphs A and B of Section II above. By: _________________________________________ (Name of Lender) (Signature) ______________