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Affidavit Of Lost Promissory Note And Indemnity Agreement Template for United States

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Key Requirements PROMPT example:

Affidavit Of Lost Promissory Note And Indemnity Agreement

"I need an Affidavit Of Lost Promissory Note And Indemnity Agreement for a $250,000 business loan note that was misplaced during our office relocation, where I am the note holder and need to protect the bank against potential future claims while maintaining the enforceability of the original March 2025 note."

Document background
The Affidavit Of Lost Promissory Note And Indemnity Agreement is essential when a promissory note has been lost, destroyed, or misplaced, but the obligations and rights under it need to be preserved. This document, governed by U.S. law, particularly the Uniform Commercial Code, serves to legally establish the existence and terms of the lost note while protecting involved parties through indemnification. It's commonly used in banking, real estate, and other financial transactions where the original note cannot be located but its enforceability needs to be maintained. The document typically includes detailed descriptions of the original note, circumstances of loss, and comprehensive indemnification provisions.
Suggested Sections

1. Parties: Identification of affiant and other relevant parties including the original note holder, maker, and any other interested parties

2. Background: Context of the original promissory note creation, its terms, and the circumstances leading to its loss

3. Definitions: Key terms used throughout the document including 'Original Note', 'Loss Date', 'Indemnified Parties'

4. Affidavit Statements: Sworn statements regarding the existence, terms, and loss of the original note, including last known location and circumstances of loss

5. Indemnification: Terms of indemnity provided to protect against claims, including scope of indemnification and duration

6. Verification: Notary acknowledgment, signature block, and attestation of the truth of statements

Optional Sections

1. Security Provisions: Details of any collateral or security interests associated with the original note, required when the note was secured by assets

2. Recording References: References to recorded documents and filing information, included when the original note was recorded in public records

3. Search Efforts: Detailed description of efforts made to locate the lost note, included when extensive search efforts were conducted

Suggested Schedules

1. Schedule A - Copy of Original Note: If available, photocopy or digital copy of the lost promissory note

2. Schedule B - Search Documentation: Documentation of efforts made to locate the note, including correspondence and search records

3. Schedule C - Related Security Documents: Copies of associated security agreements, mortgages, or other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Uniform Commercial Code Article 3: Primary federal framework governing negotiable instruments, particularly sections 3-309 and 3-312 which specifically address lost, destroyed, or stolen instruments and their enforcement

State UCC Variations: Individual state modifications and implementations of the Uniform Commercial Code, which may vary by jurisdiction

State Affidavit Requirements: Specific state laws and regulations governing the format, content, and execution of affidavits

Statute of Limitations: State-specific time limits for enforcement of promissory notes and claims related to lost instruments

Contract Law Fundamentals: Basic principles of contract law including requirements for valid indemnification agreements, consideration, and enforceability standards

Evidence Rules: Federal and state rules regarding admissibility of evidence and proof requirements for lost instruments, including secondary evidence standards

Notarization Requirements: State-specific laws governing notarization procedures, including both traditional and remote notarization rules

Recording Requirements: Local and state requirements for recording replacement instruments, particularly relevant if the note was secured by real property

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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