AFFIDAVIT OF STATUS - SPOUSES

Appendix B – Mortgage Amending Agreement (F.25800-SAP-012) – Newfoundland and Labrador only

CANADA

PROVINCE OF Newfoundland and Labrador

TO WIT:

We, [Name]and[Name], both of , in the Province of Newfoundland and Labrador, make oath and say as follows:

  1. THAT we are the persons executing the Mortgage Amending Agreement and, as such, have personal knowledge of the facts sworn below.
  1. THAT the words “Spouse”, “Matrimonial Home”, “Marriage Contract”, “Cohabitation Agreement” and “Separation Agreement” as used below have the same meanings as defined in the Family Law Act, R.S.N.L. 1990, c. F-2 (the “Act”).
  2. THAT at the time of the execution of the Mortgage Amending Agreement:

(a)We were each at least nineteen years of age;

(b)We were Spouses of one another;

(c)The property being mortgaged under the Mortgage Amending Agreement was a Matrimonial Home;

(d)No other person had any right to or unregistered interest in the property being mortgaged under the Mortgage Amending Agreement;

(e)We had not entered into a Cohabitation Agreement, Separation Agreement, or Marriage Contract nor entered a designation pursuant to Section 9 of the Act in respect of the property being mortgaged under the Mortgage Amending Agreement; and

(f)We were not and will continue not to be liable for any tax imposed under the School Tax Authorities Winding Up Act, S.N.L. 1992, c. s-10.1 at least until the registration of the Mortgage Amending Agreement.

  1. THAT we have not at any time owned or operated a commercial venture required to collect, pay or remit a Newfoundland and Labrador tax or royalty.
  2. THAT we are not and will continue to be not liable for any tax imposed under theRevenue Administration Act, S.N.L.2009, c. R-15.01.
  3. THAT we are presently residents of Canada within the meaning and intent of the Income Tax Act, R.S.C. 1985, c1.
  4. THAT to the best of our knowledge, information and belief, at this date there are no statutory liens of any kind whatsoever charging or encumbering our assets and specifically the property being mortgaged under the Mortgage Amending Agreement.
  5. THAT there are no leased chattels affixed to the property being mortgaged under the Mortgage Amending Agreement.
  6. THAT we are not employers as defined under either of the Labour Standards Act, R.S.N.L. 1990, c. L-2 or the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11.
  7. THAT we have not made an assignment in Bankruptcy pursuant to the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 as amended.
  8. THAT we acknowledge it is an offence to give false information in an Affidavit.

SWORN/AFFIRMEDbefore me at / , in the Province of / Newfoundland and Labrador / ,
this / day of / , 20 / .
Barrister, Commissioner of Oaths or Notary Public in and for the Province of Newfoundland and Labrador (affix seal) / [Name of Mortgagor]
[Name of Mortgagor]

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