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Bulletin: GA2008005

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Bulletin: GA2008005

Note: This Bulletin has been replaced by GA2009001 - Title Considerations Relating to Mechanic's Lien Coverage in Georgia. Use it for reference only.

Bulletin Document
V 2
Date: July 10, 2008
To: All Georgia Issuing Offices
RE: This Bulletin has been replaced by GA2009001.

This Bulletin has been replaced by GA2009001.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

Exhibit A
Interim Waiver and Release Upon Payment

STATE OF GEORGIA
COUNTY OF________

The undersigned mechanic and/or materialman has been employed by _______________ (name of contractor) to furnish _______________________(describe materials and/or labor) for the construction of improvements known as __________________ (title of the property or building) which is located in the City of _________, County of _____________, and is owned by _______________ (name of owner) and more particularly described as follows:
________________________________________________________________________________________________________________________________________________
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)

            Upon receipt of the sum of $__________, the mechanic and/or materialmen waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of _________(date) and excepting those rights and liens that the mechanic and/or materialmen might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises.

Given under hand and seal this ____ day of __________, _____.

__________________________________(seal)
                                                           
Signed, sealed and delivered in the presence of:

__________________________________             
Unofficial Witness                                                        

___________________________________
Notary Public
My Commission expires: ______________

Exhibit B
Unconditional Waiver and Release Upon Final Payment

STATE OF GEORGIA
COUNTY OF________

            The undersigned mechanic and/or materialman has been employed by _______________ (name of contractor) to furnish _______________________(describe materials and/or labor) for the construction of improvements known as __________________ (title of the property or building) which is located in the City of _________, County of _____________, and is owned by _______________ (name of owner) and more particularly described as follows:
________________________________________________________________________________________________________________________________________________
(DESCRIBE THE PROPERTY UNPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)

            Upon receipt of the sum of $__________, the mechanic and/or materialmen waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing property. 

            Given under hand and seal this ____ day of __________, _____.

                                                            __________________________________(seal)
                                                           
Signed, sealed and delivered in the presence of:

__________________________________             
Unofficial Witness                                                        

___________________________________
Notary Public
My Commission expires: ______________

NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAE BEEN PAID FOR GIVING UP THOSE RIGHTS.  THIS DOCUMENT IS ENFORECEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID.  IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM.

References