Final- HUD Form 2510 Exhibit D

The following sample documents have been provided to assist with compliance with the Legal Instructions:

1. Assignment of Mortgage

2. Allonge to Note

3. Affidavit of Lost Note

4. Assignment of Security Agreement

5. Assignment of Hazard Insurance Policy

6. Assignment of Performance Bond Dual Obligee

7. Assignment of Building Loan Agreement

8. Indemnification re Lost Note

9. Indemnification re Defect in the Note

10. Indemnification re Mortgage/Deed of Trust

11. Indemnification re Security Agreement

12. Indemnification re UCCs

	FHA Project No.
	Project Name:

 

 

ASSIGNMENT OF [SUPPLEMENTAL][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument]

       KNOW ALL MEN BY THESE PRESENTS:

       THAT, ______________________, organized and existing under the law of _____________________, hereinafter referred to as “Assignor”, for value received, does by these presents, without recourse, representation or warranty, except as hereinafter set forth, grant, bargain, sell, assign, transfer and set over unto the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND HIS/HER SUCCESSORS AND ASSIGNS, 451 7th Street, SW, Washington, DC, 20410, hereinafter referred to as “Assignee”, all right, title and interest in and to that certain:

      [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] and the associated Note dated _____ executed by _______, each being in the original principal sum of _____ and 00/100 Dollars ($______), which [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] and associated Note was made payable to _____ and which [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] was recorded ____ in ____ with the ________________, and covering the following property:

[Supplemental [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] and Supplemental Note dated _____ executed by _______, each being in the original principal sum of _____ and 00/100 Dollars ($______), which Supplemental [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] and Supplemental Note was made payable to _____ and which Supplemental [Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] was recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information], and covering the following described property:]

SEE ATTACHED EXHIBIT "A"

       TO HAVE AND TO HOLD the same unto said UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND HIS/HER SUCCESSORS AND ASSIGNS.

      This Assignment is without recourse or warranty, except that the undersigned hereby warrants that no act or omission of the undersigned has impaired the validity or priority of said [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument]. The undersigned also warrants that said [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] is prior to all mechanics' and materialmen's liens filed of record subsequent to the recording of such [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] regardless of whether such liens attached prior to such recording date, and prior to all liens and encumbrances which may have attached or defects which may have arisen subsequent to the recording of such [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument] (except such liens or other matters as have been approved by the Assignee hereunder). The undersigned also warrants that, as of the execution of this Assignment, the sum of ________________ ______________________ and ___/100 Dollars ($_________________) (insert the unpaid principal balance of the mortgage as of the date of execution of the Assignment), together with the interest accruing at the rate of ____% per annum, as provided in the said Note and [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument], is actually due and owing under said Note and [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument], that there are no offsets or counterclaims thereto, and that the undersigned has a good right to assign the said Note and [Supplemental][Mortgage][Deed of Trust][Deed to Secure Debt][/Security Instrument].

       IN WITNESS WHEREOF, the Assignor has caused this instrument to be executed in its behalf this ______ day of ____________, ____.

ATTEST:	[ASSIGNOR]
__________________	By:	__________________
	Name:	__________________
	Title:	__________________
STATE OF ___________________  CITY OF ________________________ : ss

On this ___ day of ____________, ____, personally appeared before me, the undersigned Notary, __________________, who acknowledged himself to be the _________________ of __________________, and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer.        In witness whereof, I have hereunto set my hand and official seal. (SEAL)
	__________________________________ Notary Public
My Commission Expires:

  

EXHIBIT A

Legal Description

	FHA Project No.
	Project Name:

 

 

ALLONGE TO NOTE

       This Allonge is attached to that certain [Deed of Trust] [Mortgage] Note dated ______ from ______________ to _______________ in the original principal amount of $_______ [if applicable, reference any subsequent allonges/amendments/assignments].

       For value received, all right, title and interest of the undersigned to the within Note, the unpaid balance of which is $____[insert the unpaid balance as of the date of assignment], together with the interest thereon, is hereby assigned to the United States Secretary of Housing and Urban Development and his/her successors and assigns, without recourse or warranty except as shown in that certain assignment of even date assigning to said Secretary the [Deed of Trust][Mortgage] securing this Note.

DATE: ______________________		[LENDER]
		By:	_______________________
		Name:	_______________________
		Title:	_______________________

	FHA Project No.
	Project Name:

 

AFFIDAVIT OF LOST NOTE        I, ____________________________ [name], _________________________ [title], ____________________________ [division, if applicable], do hereby state that I am a duly authorized representative of _____________________________ (the “Assignor”), and that I am responsible for the safekeeping of the type of document described below. Therefore, I make the following affidavit. 1. That a certain Note, [If applicable, reference any subsequent allonges / modifications / assignments] secured by that certain [Deed of Trust/Mortgage] dated ______________, ______, executed by ____________________, a __________________, in favor of _______________________ in the amount of _________________________________________ and No/100 Dollars ($__________), and recorded ____________ [date] in ____________________________________ [recording reference] with the ______________[recording office information] [if applicable, reference any subsequent amendments/assignments] has been lost. 2. That the Note was believed to be kept in the care, custody and control of _____________________________[Assignor]. 4. That the Note was not where such document was assumed to be, and a most diligent search of all possible places to locate the Note was undertaken, without results. 4. That _______________________________________ [Assignor] cannot procure the original Note. 5. That __________________________________ [Assignor] is the sole owner and holder of the Note and has not transferred, assigned or conveyed the Note to any person or entity other than the United States Secretary of the Department of Housing and Urban Development and his/her successors and assigns (the “Assignee”). In the event that ____________________________ [Assignor] subsequently locates the Note, _____________________________ [Assignor] shall provide written notice thereof to Assignee and shall deliver and endorse the Note to Assignee in accordance with written instructions received from Assignee (or such other party designated in writing by Assignee). 6. I, in my capacity as _______________________[title] of _____________________, [Assignor] sign this Affidavit of Lost Note knowing that the Assignee will rely upon the truth of the statements contained herein.
Signed, sealed and delivered in the presence of: _________________________ _________________________	[Assignor]     __________________________________ Name
	__________________________________ Title
	__________________________________ Division, if applicable
STATE OF ___________________    CITY OF ________________________ : ss
Before me, ________________________, a Notary Public in and for said State, on this ________ day of _________________, _________, personally appeared _______________________, who is personally well known to me and known to me to be the duly appointed _____________________, ________________________, and the person who executed the foregoing instrument, by virtue of the authority vested in him pursuant to __________________________, and I having first made known to him the content thereof, he did acknowledge the signing thereof to be his free and voluntary act and deed as _____________________, ____________________, for and on behalf of ___________________________, for the uses, purposes and consideration therein set forth.   Witness my hand and official seal this ________ day of _________________, _________. (SEAL)
	__________________________________ Notary Public

 
 
My Commission Expires:
  

	FHA Project No.
	Project Name:

 

ASSIGNMENT OF [SECURITY AGREEMENT] [CHATTEL MORTGAGE]        FOR VALUE RECEIVED, _________________________________________________ , a______________________________(the “Assignor”), does hereby grant, bargain, sell, convey and assign to the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT and his/her successors and assigns (the “Assignee”), all of Assignor's right, title and interest in and to the [Security Agreement] [Chattel Mortgage] dated ____________________ executed by and between _____________________, a______________, as Debtor, and _____________________________, as Secured Party, [if recorded insert recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information]] [if applicable, reference any subsequent amendments/assignments] and that the Assignor hereby warrants that no act or omission of the Assignor has impaired the validity or priority of the first lien created by said [Security Agreement] [Chattel Mortgage], except for such other liens or encumbrances as may be approved by the Assignee, and that Assignor has a good right to assign said [Security Agreement] [Chattel Mortgage].        IN WITNESS WHEREOF, _______________________________ [Assignor] has caused this Assignment of [Security Agreement] [Chattel Mortgage] to be duly executed on ____________, _____.
ATTEST:		[ASSIGNOR]
By: _______________________		By:	_______________________
Name: _______________________		Name:	_______________________
Title:  ________________________		Title:	_______________________
	FHA Project No.
	Project Name:

 

 

ASSIGNMENT OF HAZARD INSURANCE POLICY

The interest of _______________________________, as Mortgagee under Policy Number _______________ issued by ___________ on behalf of ____________________ is hereby assigned to the United States Secretary of Housing and Urban Development and his/her successors and assigns.

	Date:	__________________
	________________________
	By:	__________________
	Name:	__________________
	Title:	__________________

	FHA Project No.
	Project Name:

 

 

ASSIGNMENT OF PERFORMANCE BOND-DUAL OBLIGEE

KNOW ALL MEN BY THESE PRESENTS:

       THAT, _________________________ organized and existing under the laws of the State of ________________, hereinafter referred to as "Assignor", for value received, does by these presents, without recourse, representation or warranty, except as hereinafter set forth, grant, bargain, sell, assign, transfer and set over to the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND HIS/HER SUCCESSORS AND ASSIGNS hereinafter referred to as "Assignee", all Assignor's right, title and interest in and to that certain Performance Bond-Dual Obligee, hereinafter referred to as "Bond", dated __________, ____ executed by and between _____________________ and __________________ and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information].

       TO HAVE AND TO HOLD the same unto said UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND HIS/HER SUCCESSORS AND ASSIGNS.

       This Assignment is without recourse or warranty, except that the undersigned hereby warrants that no act or omission of the undersigned has impaired the validity of said Bond and rights assigned herein and that Assignor has a good right to assign said Bond.

       IN WITNESS WHEREOF, _______________________, pursuant to a resolution of its _______________, has caused this instrument to be executed in its behalf by its _______________ [and its corporate seal to be attached], attested by its ________________, as of the ______ day of _______________, ____.

	[ASSIGNOR]
	By:	_______________________
	Name:	_______________________
	Title:	_______________________

STATE OF ___________________    CITY OF ________________________ : ss
Before me, ________________________, a Notary Public in and for said State, on this ________ day of _________________, _________, personally appeared _______________________, who is personally well known to me and known to me to be the duly appointed _____________________, ________________________, and the person who executed the foregoing instrument, by virtue of the authority vested in him pursuant to __________________________, and I having first made known to him the content thereof, he did acknowledge the signing thereof to be his free and voluntary act and deed as _____________________, ____________________, for and on behalf of ___________________________, for the uses, purposes and consideration therein set forth.   Witness my hand and official seal this ________ day of _________________, _________. (SEAL)
	__________________________________ Notary Public

 
 
My Commission Expires:
  

	FHA Project No.
	Project Name:

 

 

ASSIGNMENT OF BUILDING LOAN AGREEMENT

       FOR VALUE RECEIVED, _______________________, called Assignor, does hereby grant, bargain, sell, convey and assign to the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND HIS/HER SUCCESSORS AND ASSIGNS, called Assignee, all Assignor's right, title and interest in and to the Building Loan Agreement dated ____________ by and between ___________________, a ____________________, as Debtor, and___________________, as Secured Party, without representation, warranty or recourse, except that Assignor hereby warrants that no act or omission of the Assignor has impaired the validity or priority of the Building Loan Agreement and rights assigned herein and that Assignor has a good right to assign said Building Loan Agreement.

       IN WITNESS WHEREOF, _______________________ has caused this instrument to be executed by _______________________, _______________________, this _____ day of ______________, _______.

ATTEST:	[ASSIGNOR]
By: _______________________	By:	_______________________
Name: _______________________	Name:	_______________________
Title:  ________________________	Title:	_______________________

	FHA Project No.
	Project Name:

 

INDEMNIFICATION AGREEMENT

[LOST NOTE]

       THIS INDEMNIFICATION made this ____ day of ___________, ____, given by _______________ (hereinafter referred to as "Indemnitor") to the United States Secretary of Housing and Urban Development and his/her successors and assigns (hereinafter referred to as "Indemnitee"), in exchange for the payment of mortgage insurance benefits; and

WITNESSETH:

       WHEREAS, by Assignment of [Deed of Trust] [Mortgage] dated __________, ____, and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information] (the "Assignment"), Indemnitor assigned that certain [Deed of Trust] [Mortgage] on the captioned property, both real and personal, located at [Street Address of Property] (hereinafter referred to as the "Project"), to Indemnitee in exchange for the payment of mortgage insurance benefits; and

WHEREAS, the Indemnitor is unable to deliver the original [Deed of Trust] [Mortgage] Note in the original principal amount of $_____________ dated _____________ from __________ in favor of _____________________, [if applicable, reference any subsequent allonges/amendments/modifications] which original [Deed of Trust] [Mortgage] Note has been mislaid or lost; and            

WHEREAS, Indemnitor endorsed the [Deed of Trust] [Mortgage] Note to Indemnitee; and

       NOW, THEREFORE, in order to induce the Indemnitee to make full and final settlement of Indemnitor's claim for insurance benefits, and in consideration of the balance of the insurance benefits remaining unpaid on this claim, Indemnitor agrees to indemnify and hold harmless the Indemnitee against any loss, costs or charges whatsoever, including attorney’s fees, which may be sustained by Indemnitee as a result of the aforesaid lost original Note.

WITNESS/ATTEST:	[INDEMNITOR]
_________________________	By:	_________________________
_________________________	Name:	_________________________
	Title:	_________________________
STATE OF _______________________ )  CITY OF _________________________ )

On ____________, ____, before me, __________________________, personally appeared ___________________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that the person executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
	_____________________________________ Notary Public
	My Commission Expires: _________________

	FHA Project No.
	Project Name:

INDEMNIFICATION AGREEMENT

[DEFECT IN THE NOTE]

       THIS INDEMNIFICATION made this ____ day of ___________, ____, given by _______________ (hereinafter referred to as "Indemnitor") to the United States Secretary of Housing and Urban Development and his/her successors and assigns (hereinafter referred to as “Indemnitee”), in exchange for the payment of mortgage insurance benefits; and

WITNESSETH:

       WHEREAS, by Assignment of [Deed of Trust] [Mortgage] dated __________, ____, and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information], Indemnitor assigned a [Deed of Trust] [Mortgage] and [Deed of Trust] [Mortgage] Note dated _____, on the captioned property, both real and personal, located at [Street Address, City/County, State of Property] (hereinafter referred to as the "Project"), to Indemnitee in exchange for the payment of mortgage insurance benefits; and      

[Alternative A. Use the following clause if there is a defect in the endorsed the note to Indemnitee. Delete if not applicable.]

       [WHEREAS, Indemnitor endorsed the [Deed of Trust] [Mortgage] Note to Indemnitee. However, [Insert the nature of the defect in the endorsed Note.]

[Alternative B. Use the following clauses if there is a defect related to an interim endorsement/allonge to the note. Delete if not applicable.]

[WHEREAS, the [Deed of Trust] [Mortgage] Note assigned to Indemnitee was previously endorsed by ___________ to ______________ on _________ [Date]. However, that endorsement from _____ to Indemnitor did not contain the designation "as Trustee" or [Insert nature of other defect.]

       NOW, THEREFORE, in order to induce Indemnitee to make full and final settlement of Indemnitor's claim for insurance benefits, and in consideration of the balance of the insurance benefits remaining unpaid on this claim, Indemnitor agrees to indemnify and hold harmless Indemnitee against any loss, costs or charges whatsoever, including attorney’s fees, which may be sustained by Indemnitee as a result of the defect noted above.

WITNESS/ATTEST:	[Indemnitor]
_________________________	By:	_________________________
_________________________	Name:	_________________________
	Title:	_________________________
STATE OF _______________________ )  CITY OF _________________________ )

On ____________, ____, before me, __________________________, personally appeared ___________________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that person executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
	_____________________________________ Notary Public
	My Commission Expires: _________________

	FHA Project No.
	Project Name:

 

 

INDEMNIFICATION AGREEMENT

[DISCREPANCY WITH PROPERTY LEGAL DESCRIPTION

IN MORTGAGE/DEED OF TRUST]

       THIS INDEMNIFICATION made this ____ day of ___________, ____, given by _____________________________________________________________ (hereinafter referred to as "Indemnitor") to the United States Secretary of Housing and Urban Development and his/her successors and assigns (hereinafter referred to as "the Secretary"), in exchange for the payment of mortgage insurance benefits;

WITNESSETH:      

WHEREAS, by Assignment of [Deed of Trust] [Mortgage] dated __________, ____, and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information] (the "Assignment"), Indemnitor assigned that certain [Deed of Trust] [Mortgage] dated _________, on the captioned property, both real and personal, located at [Street Address, City/County, State of Property] (hereinafter referred to as the "Project"), to the Secretary in exchange for the payment of mortgage insurance benefits; and

WHEREAS, the legal description attached to the Assignment to the Secretary was incorrect;

[Alternative A. Use the following clauses if the legal description was modified by a modification agreement. Delete if not applicable.]

     [WHEREAS, the legal description of the real property secured by the [Deed of Trust] [Mortgage] was modified by [describe document modifying legal description] (the "Modification Agreement"); and]

[WHEREAS, Indemnitor delivered to the Secretary the original [Deed of Trust] [Mortgage] [and the Modification Agreement]; however, the legal description attached to the Assignment to the Secretary did not contain the modified legal description and was therefore inaccurate]; and

[Alternative B. Use the following clause to describe and include interim assignments, if applicable, and the entire chain of assignment from initial error to current assignment. Delete if not applicable.]   

[WHEREAS, there was an interim assignment of [Deed of Trust] [Mortgage] dated __________, ____, executed by and between _____________________ [Prior FHA Mortgagee] and __________________ and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information] (the "Interim Assignment"). However, the legal description attached to the Interim Assignment and the Assignment was incorrect.]; and

[Alternative C. Use the following clauses if the project’s legal description was modified by a Modification Agreement. Delete if not applicable.]   

[WHEREAS, the legal description of the real property secured by the [Deed of Trust] [Mortgage] was modified on __________[Date] by [describe document modifying legal description] (the "Modification Agreement")]; and      

[WHEREAS, Indemnitor delivered the Secretary the original [Deed of Trust] [Mortgage] [and the Modification Agreement]; however, the legal description attached to the Assignment to the Secretary did not contain the modified legal description and was therefore inaccurate]; and

       NOW, THEREFORE, in order to induce the Secretary to make full and final settlement of the Indemnitor's claim for insurance benefits, and in consideration of the balance of the insurance benefits remaining unpaid on this claim, Indemnitor agrees to indemnify and hold harmless the Secretary against any losses, costs, or charges whatsoever, including attorney’s fees, which may be sustained by the Secretary as a result of the aforesaid discrepancies in the legal description.

WITNESS/ATTEST:	[INDEMNITOR]
_________________________	By:	_________________________
____________________________	Name:	_________________________
	Title:	_________________________
STATE OF _______________________ )  CITY OF _________________________ )

On ____________, ____, before me, __________________________, personally appeared ___________________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
	_____________________________________ Notary Public
	My Commission Expires: _________________

	FHA Project No.
	Project Name:

INDEMNIFICATION AGREEMENT

[MISSING ORIGINAL SECURITY AGREEMENT]

       THIS INDEMNIFICATION made this ____ day of ___________, ____, given by _____________________________________________________ (hereinafter referred to as "Indemnitor") to the United States Secretary of Housing and Urban Development and his/her successors and assigns (hereinafter referred to as "Indemnitee"), in exchange for the payment of mortgage insurance benefits; and

WITNESSETH:       WHEREAS, by Assignment of [Deed of Trust] [Mortgage] dated _________________, _______, and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information], Indemnitor assigned a [Deed of Trust] [Mortgage] and [Deed of Trust] [Mortgage] Note dated _____________, ____, on the captioned property, both real and personal, located at [Street Address of Property] (hereinafter referred to as the "Project"), to Indemnitee, in exchange for the payment of mortgage insurance benefits; and

       WHEREAS, pursuant to the terms of the contract of mortgage insurance between Indemnitor and Indemnitee, payment of the insurance benefits was conditioned upon assignment to Indemnitee of Indemnitor's valid perfected first lien security interest in the Project collateral, [add if applicable, except for such other liens or encumbrances as approved by the Indemnitee]; and

       [WHEREAS, Indemnitor is unable to deliver to the Indemnitee the original executed/recorded [Security Agreement] [Chattel Mortgage] or a certified copy of the original executed/recorded [Security Agreement] [Chattel Mortgage].]

       [WHEREAS, there was an interim assignment of [Security Agreement] dated __________, ____, executed by and between _____________________ and __________________ and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information] (the "Interim Assignment"); and

       WHEREAS, Indemnitor is unable to deliver to the Indemnitee the original executed/recorded Interim Assignment or a certified copy of the original executed/recorded Interim Assignment.]

       NOW, THEREFORE, in order to induce the Indemnitee to make full and final settlement of the Indemnitor's claim for insurance benefits remaining unpaid on this claim, Indemnitor agrees to indemnify and hold harmless against any losses, costs, or charges whatsoever, including attorney’s fees, which may be sustained by as a result of Indemnitor's failure to deliver the aforementioned original document.

      

WITNESS/ATTEST:	[INDEMNITOR]
___________________________	By:	_________________________
___________________________	Name:	_________________________
	Title:	_________________________
STATE OF _______________________ )  CITY OF _________________________ )

On ____________, ____, before me, __________________________, personally appeared ___________________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that person executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
	_____________________________________ Notary Public
	My Commission Expires: _________________
		FHA Project No.
		Project Name:

 

INDEMNIFICATION AGREEMENT

          THIS INDEMNIFICATION made this ______ day of ____________, _____, given by ___________________________ (hereinafter referred to as "Indemnitor") to the United States Secretary of Housing and Urban Development and his/her successors and assigns (hereinafter referred to as "Indemnitee"), in exchange for the payment of mortgage insurance benefits; and

         WITNESSETH:

         WHEREAS, by Assignment of [Deed of Trust] [Mortgage] dated __________, ____, and recorded _____________ [date] in ___________________________ [recording reference] with the __________________________________ [recording office information], Indemnitor assigned a [Deed of Trust] [Mortgage] and [Deed of Trust] [Mortgage] Note dated _____, on the captioned property, both real and personal, located at [Street Address of Property] (hereinafter referred to as the "Project"), to the Indemnitee in exchange for the payment of mortgage insurance benefits; and

          WHEREAS, pursuant to the terms of the contract of mortgage insurance between Indemnitor and Indemnitee, payment of the insurance benefits was conditioned upon the assignment to Indemnitee of Indemnitor's valid perfected first lien security interest in the Project collateral, either by assignment of existing Uniform Commercial Code (UCC) Financing Statements or by perfection/re-perfection in both the applicable local jurisdiction for fixture filings and in the appropriate Secretary of State office; and

[Alternative A. Use the following clauses if Indemnitor is unable to provide the original or certified copies of one or more UCCs. Delete if not applicable.]         

[WHEREAS, Indemnitor is unable to deliver to Indemnitee the original or a certified copy of the following UCC Financing Statements:

[Itemize] - i.e.:
UCC-1 Financing Statement filed ______ as File No. _____, Book ______, Page ______, _______________ County, ________
Debtor: __________________ Secured Party: ____________________

UCC-3 (continuation, assignment, amendment) Statement filed ______ as File No. _____, Book ______, Page ______, _______________ County, ________
Debtor/Indemnitor: ___________________
Secured Party/Indemnitee: ___________________

UCC-1 Financing Statement filed ______ as File No. _____, Book ______, Page ______, __________ Secretary of State
Debtor: ___________________
Secured Party: ___________________

UCC-3 (continuation, assignment, amendment) Statement filed ______ as File No. _____, Book ______, Page ______, __________ Secretary of State
Debtor/Indemnitor: ___________________
Secured Party/Indemnitee: ___________________]; and

[Alternative B. Use the following clauses if any UCC filing has lapsed. Delete if not applicable.]    

          [WHEREAS, such filings lapsed after five years from the filing of the aforementioned UCC-1's and no UCC-3 continuation statements were filed; and

[Alternative C. Use the following clauses if new UCCs were filed, but not lapsed -- either prior one being assigned to Indemnitee, or new UCC-1 filed naming the United States Secretary of Housing and Urban Development and his/her successors and assigns as his/her interests may appear as Secured Party. List both County and State filings, as applicable. Delete if not applicable.]         

         [WHEREAS, UCC-1's were filed as follows:

UCC-1 Financing Statement filed ______ as File No. _____, Book ______, Page ______, _______________ County, ________
Debtor: __________________ Secured Party: ____________________

UCC-3 (continuation, assignment, amendment) Statement filed ______ as File No. _____, Book ______, Page ______, _______________ County, ________
Debtor/Indemnitor: ___________________
Secured Party/Indemnitee: ___________________

UCC-1 Financing Statement filed ______ as File No. _____, Book ______, Page ______, __________ Secretary of State
Debtor: ___________________
Secured Party: ___________________

UCC-3 (continuation, assignment, amendment) Statement filed ______ as File No. _____, Book ______, Page ______, __________ Secretary of State
Debtor/Indemnitor: ___________________
Secured Party/Indemnitee: ___________________]; and

          NOW, THEREFORE, in order to induce Indemnitee to make full and final settlement of Indemnitor's claim for insurance benefits, and in consideration of the balance of the insurance benefits remaining unpaid on this claim, Indemnitor agrees to indemnify and hold harmless Indemnitee against any losses, costs, or charges whatsoever, including attorney’s fees, which may be sustained by Indemnitee as a result of [the aforementioned lapsed filings] or [Indemnitor's failure to deliver the aforementioned documents] [or in connection with the newly filed UCCs] .

WITNESS/ATTEST:	[INDEMNITOR]
_________________________	By:	_________________________
	Name:	_________________________
	Title:	_________________________
STATE OF _______________________ )  CITY OF _________________________ )

On ____________, ____, before me, __________________________, personally appeared ___________________, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that person executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
	_____________________________________ Notary Public
	My Commission Expires: _________________

form HUD 2510