TX Affidavit for Repair or Renovation of Existing Improvements 1

REPAIR OR RENOVATION OF EXISTING IMPROVEMENTS AFFIDAVIT

STATE OF TEXAS

Before me, the undersigned authority appeared _________________________ ("Owners") and ___________________ ("Contractor") who being by me duly sworn, on their oaths stated the following to be true correct and complete:

1. The Mechanic's Lien Contract ("Contract") between Owners and Contractor is made for repair or renovation of existing improvements in accordance with Subsection (a)(5) of Section 50, Article XVI, Texas Constitution.

2. The Contract describes and is made for repair or renovation of existing improvements to the following land ("Land"):

(DESCRIBE LAND)

3. No work has been performed, no materials have been furnished to the Land, and no services have been performed under the Contact or any other construction contract prior to the execution and acknowledgment of the Contract by all parties.

4. If Owners and Contractor have entered any other construction contract or agreement for the improvements, a copy is attached as Exhibit 1.

5. The Contract and any other construction contract or agreement for the improvements expressly provides that the Owners may rescind the contract without penalty or charge within three days after the execution of the contract by all parties.

6. The Owners made written application for the extension of credit by the third-party lender (or by the Contractor, if there is no third-party financing) more than 12 days prior to the date of execution of the Contract and any other construction contract or agreement with the Contractor. The Owners made written application of the extension of credit as evidenced by a copy of the written application furnished to the title company and attached or as evidenced by confirmation by the third party-lender, if any.

7. The Contract and any other construction contract or agreement for the improvements was executed and acknowledged by the Owners at ___________________________, which is an office of the third-party lender, an attorney or a title company.

_____________________________

_____________________________

(Print Name) ("Owner")

_____________________________

_____________________________

(Print Name) ("Owner")

_____________________________

_____________________________

(Print Name) ("Contractor")

State of Texas

County of _______________

Sworn to and subscribed before me the undersigned authority by ________________________ on this the _____ day of _________, 19 ___.

___________________________

Notary Public in and for

the State of Texas

My Commission Expires: _______________________

[IF CONTRACT IS EXECUTED AT A LOCATION OTHER THAN OFFICE OF THE TITLE COMPANY ISSUING A BINDER OR POLICY, ADD THE FOLLOWING:]

Before me, the undersigned authority appeared ________________________ who being by me duly sworn, on his/her oath stated the following to be true, correct and complete:

The Mechanic's Lien Contract and any construction contract attached to this affidavit were executed and acknowledged by the Owners at the office of ____________________, which is the office of the third-party lender, an attorney, or a title company.

_____________________

_____________________

(Print Name)

State of Texas

County of ______________

Sworn to and subscribed before me the undersigned authority by _____________________ on this the ______ day of _______________ 19 ___.

____________________

Notary Public in and for

the State of Texas

My Commissioner Expires: ________________