NV Model Affidavit - NRS 107.080 Compliance Affidavit

Exhibit
NRS 107.080 Compliance Affidavit
Version 10/01/11

AFFIDAVIT OF AUTHORITY TO EXERCISE THE POWER OF SALE

 

Property Owners: Trustee Address:
________________________ ________________________
________________________

________________________

  ________________________
   
Property Address: Deed of Trust Document Instrument Number
________________________ ________________________
________________________  
________________________  


STATE OF )

) ss:

COUNTY OF) )

The affiant, _______________________________________, being first duly sworn upon oath, based on personal knowledge, and under penalty of perjury attests that I am the beneficiary or trustee, or the authorized representative of the beneficiary or trustee, of the deed of trust described in the notice of default and election to sell to which this affidavit is attached (“Deed of Trust”).

I further attest, based on personal knowledge, and under penalty of perjury, to the following information, as required by NRS 107.080(2) (c):

  1. The full name and business address of the trustee or the trustee’s representative or assignee is:

    _____________________________   _____________________________
    Full Name   Street, City County, State, Zip


    The full name and business address of the current holder of the note secured by the Deed of Trust is:

    _____________________________   _____________________________
    Full Name   Street, City County, State, Zip

    The full name and business address of the current beneficiary of record of the Deed of Trust is:

    _____________________________   _____________________________
    Full Name   Street, City County, State, Zip

    The full name and business address of the servicers of the obligation or debt secured by the Deed of Trust is:

    _____________________________   _____________________________
    Full Name   Street, City County, State, Zip


  2. The full name and last known business address of the current and every prior known beneficiary of the deed of trust, is:

    _____________________________   _____________________________
    Full Name   Street, City County, State, Zip


    (List additional known beneficiaries in the same format)

  3. The beneficiary, successor in interest of the beneficiary, or trustee of the Deed of Trust, has actual or constructive possession of the note secured by the Deed of Trust.

  4. The trustee has the authority to exercise the power of sale under Chapter 107 of NRS with respect to the property encumbered by the Deed of Trust, pursuant to the instruction of the beneficiary of record and the current holder of the note secured by the Deed of Trust.

  5. The following is information regarding the amount in default, the principal amount secured by the Deed of Trust, a good faith estimate of fees imposed and to be imposed because of the default and the costs and fees charged to the debtor in connection with the exercise of the power of sale:

    a. The amount of missed payments and interest in default is $____________.
    b. The amount of fees charged to the debtor in connection with the exercise of power of sale is $________________.
    c. The principle amount secured by the Deed of Trust is $_______________.
    d. A good faith estimate of all fees imposed and to be imposed because of the default is $________________.
    e. A good faith estimate of the total costs and fees to be charged to the debtor in connection with the exercise of the power of sale is $_______________.

  6. The following is information regarding the instrument(s) that conveyed the interest of each beneficiary:

    ___________ __________________________ _____________________________
    Date Document Instrument Number Name of Document Conveying Interest of Beneficiary

    (List information regarding prior instruments in the same format)

  7. Following is the true and correct signature of the affiant:

    Dated this ______ day of , 20____.

    Affiant Name: _________________________________

    Signed By: ___________________________________

    Print Name: ___________________________________

STATE OF )

) ss:

COUNTY OF )

On this day of , 20____, personally appeared before me, a Notary Public, in and for said County and State, _____________________________, known to me to be the persons described in and who executed the foregoing instrument in the capacity set forth therein, who acknowledged to me that he/she executed the same freely and voluntarily and for the uses and purposes therein mentioned.

________________________________________
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE

No guidelines are available for this form at this time.