TO:



TO: BANK OF MONTREAL

LENDING OPERATIONS SERVICE CENTRE

865 HARRINGTON COURT

BURLINGTON, ONTARIO

L7N 3P3

Mortgage Number:      

Property Address:      

DECLARATION OF POSSESSION

(To be completed by the current owner of the property)

Vendor Name (s)      

     

OR

Mortgage Applicant Name (s)      

(if property is not currently

being sold)

I/We, the vendor(s) or mortgage applicant(s), confirm:

• I am/we are the registered owner(s) of the land (and premises) described in the Declaration;

• since the land was conveyed to me/us on      ,      , I/we have been in actual, peaceable, continuous, exclusive, open, undisturbed and undisputed possession and occupation of the whole land and buildings on the premises;

• there are no outstanding liens or encumbrances on the property, and that I/we have never heard of any other entity or person having any claim or interest in the land (in whole or in part) which in adverse to or inconsistent with my/our registered title;

• the building(s) used in connection with the land and premises are wholly situated on the land as shown on the attached survey dated      ,      , and do not encroach on the adjoining lands; *

• there have been no additions or alterations to the buildings(s) and that no new building(s) have been erected on the property;

• to the best of my/our knowledge and belief the building(s) comply with the applicable set-back requirements’;

• to the best of my/our knowledge and belief, there is no dispute as to the boundaries of the said lands;

• to the best of my/our knowledge and belief, there has been no change in the location of the fences (hedges, shrubbery, or other boundary indications) shown on the attached survey;

• to the best of my/our knowledge and belief, I/we have never heard of any claim, encroachment or easement affecting the land, either for light, drainage, or right-of-way, except for those easements, encroachments and right-of-way that may be shown on the attached survey;

I/we am/are a resident/residents of Canada within the meaning of the Income Tax Act and that I/We intend to be resident/residents of Canada on the closing date of the transaction.

*This clause may be deleted for conventional uninsured mortgages if this Declaration of Possession relates to a period of not less than 10 continuous years.

Dated the       day of      ,      .

(Signature)

(Signature)

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Delete if not applicable

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