North Carolina Land Title Association OWNER’S/CONTRACTOR’S AFFIDAVIT FOR CONSTRUCTION LOANS To:__________________________________ (“Title Company”) STATE OF _________________ COUNTY OF _______________ On this __________ day of ___________________________, 20____, before me personally appeared the Owner of the property and the General Contractor, to me personally known, who, being duly sworn on their oath, did say as follows: (1) That this affidavit is given for the purpose of obtaining title insurance on property on which new construction is contemplated, that Owner and/or General Contractor proposed to construct a building or any other improvements on said property herein described, that ____________________________________ (“Lender”) has made a loan to finance such construction which is secured by a Deed of Trust filed for record in Book __________, Page ________, of the official recording office of the County of _______________________ , State of ___________________________ and as described in the above referenced deed of trust. (2) That The Title Company has been requested to issue a title insurance policy insuring the interest of the Lender pursuant to the Deed of Trust without exception to unfilled mechanics’ and materialmen’s liens and the parties hereto acknowledge that the Lender and the Title Company will be relying upon the statements herein in disbursing the proceeds of the loan and issuing the title insurance policy. (3) Owner warrants that the General Contractor named herein is the only party with whom he has contracted directly for the furnishing of labor and / or materials on the property. (4) That as of the date and time of filing of the deed of trust: a.no materials or equipment were situated on said premises and there was nothing whatsoever thereon to evidence the visible commencement of construction or to visibly evidence the intent to commence construction, or b. that prior to the recordation of the aforesaid Deed of Trust certain materials for the property described therein had been furnished by the General Contractor and certain persons, firms or corporations listed on the Subordination Agreement on the reverse side hereof. The General Contractor hereto agrees that the aforesaid Deed of Trust shall constitute a first and paramount lien for all amounts which have been or may be advanced thereunder, and all of the claims and rights of the General Contractor hereto are hereby subordinated to the lien of the said Deed of Trust and the General Contractor does hereby warrant that all subcontractors who furnished materials or labor to the property prior to the recordation of the aforesaid Deed of Trust have executed the subordination agreement on the reverse side hereof. ____________________________________ OWNER OF PROPERTY ____________________________________ GENERAL CONTRACTOR Executed, subscribed and sworn to before me the day and year first above written. _________________________________________ NOTARY PUBLIC My term expires: ____________________________ 1993 North Carolina Land Title Association North Carolina Land Title Association SUBORDINATION AGREEMENT FOR SUBCONTRACTORS To:__________________________________ (“Title Company”) The undersigned subcontractor(s) have contracted with the General Contractor(s) named on the reverse side hereof and have furnished labor and / or materials to the property prior to the recording of the Deed of Trust described on the reverse side hereof. The subcontractor(s) herein do understand the Title Company has been requested to issue a title insurance policy insuring the interest of the Lender pursuant to the Deed of Trust without exception to unfilled mechanics’ and materialmen’s liens and the parties hereto acknowledge that the Lender and the Title Company will be and are relying upon the statements made herein in paying out the proceeds of the loan to be secured by the Deed of Trust and issuing the title insurance policy; and NOW, THREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, the undersigned subcontractors do hereby subordinate in favor of the Lender and the Title Company all right that it may now or hereafter have to a lien upon the Property, by virtue of the laws of North Carolina or any amendments of said laws; and the undersigned does further warrant that it has not and will not assign its claims for payment, nor its right to perfect any lien against the Property, and that it has the right to execute this subordination thereof. The undersigned further agrees that the Deed of Trust shall constitute a superior and paramount lien for all amounts which have been or may be advanced thereunder. Subcontractor or Supplier Labor or material furnished by whom ______________________________ (SEAL) _______________________________________ ______________________________ (SEAL) _______________________________________ ______________________________ (SEAL) _______________________________________ ______________________________ (SEAL) _______________________________________ ______________________________ (SEAL) _______________________________________ 1993 North Carolina Land Title Association