AFFIDAVIT OF LOSS
I, [SPECIFY NAME],
domiciled and residing at [YOUR COMPLETE ADDRESS], do hereby solemnly declare
that:
1)
I
am the [TITLE] of [COMPANY] and as such have knowledge of the facts herein
declared.
2)
[COMPANY],
a wholly-owned subsidiary of [SPECIFY COMPANY], executed a Trust Deed of
Hypothec bearing formal date of [DATE] in favor of [SPECIFY]. (“SPECIFY”),
which deed was registered at the Registry Office in and for the Registration
Division of [SPECIFY PLACE] on [DATE] under the number [NUMBER] (the “Trust
Deed”).
3)
[SPECIFY
COMPANY] issued a [%] mortgage bond certificate number [NUMBER] in the
principal amount of [AMOUNT] in legal currency of [COUNTRY] (the “Bond”)
pursuant to the Trust Deed, which Debenture [SPECIFY COMPANY] then pledged in favor
of [SPECIFY COMPANY] on [DATE], and which pledge was registered by [SPECIFY] in
the register kept for such purpose, as per the trustee’s attestation on the
reverse of the Bond (a photocopy of which is attached hereto).
4)
[SPECIFY
COMPANY] assigned the indebtedness of [SPECIFY COMPANY] which the Trust Deed
was executed and the Bond issued and pledged to secure (the “Indebtedness”) to [SPECIFY
COMPANY] (“COMPANY”) pursuant to an Agreement of Absolute Assignment dated as
of [DATE] by and between [SPECIFY COMPANY] and [SPECIFY COMPANY] (the
“Assignment”) (a copy of which is attached hereto).
5)
[SPECIFY
COMPANY] has received the Bond, but has lost same, and although [SPECIFY COMPANY]
has made a due and diligent search therefore, [SPECIFY COMPANY] has been unable
to find the Bond.
6)
Said
Bond has not been endorsed by [SPECIFY COMPANY], save and except for the
endorsement to [SPECIFY] as of [DATE] (the “Endorsement”) pursuant to the
Assignment (a copy of the Endorsement is attached hereto). Save and except for
the Assignment and Endorsement, [SPECIFY COMPANY] has not executed or signed
any other instrument of transfer in connection with the Bond or the
Indebtedness, nor has [SPECIFY COMPANY] otherwise sold, assigned, transferred,
pledged, hypothecated or in any way encumbered or disposed of the Bond or the
Indebtedness or any rights therein.
7)
[SPECIFY
COMPANY] hereby accordingly requests [SPECIFY] to issue a new mortgage bond
certificate to [SPECIFY COMPANY] in replacement of the Bond lost and assigned
to [SPECIFY COMPANY].
8)
I
have executed this Affidavit of Loss in support of [SPECIFY COMPANY]’s request
that a new mortgage bond certificate be issued to [SPECIFY COMPANY] by
[SPECIFY].
DATED
this [DAY] day of [MONTH, YEAR].
SOLEMNLY DECLARED
before me
at [SPECIFY place] this [DAY] day
of [MONTH, YEAR]
Commissioner for
Oaths, Notary Public,
Solicitor authorized
to administer oaths
or equivalent
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