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.
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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
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
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
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