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That Affiant is duly authorized to make this affidavit on behalf of the Owner. Item 5 - 513 — Obtaining a gap indemnity from either the seller or the borrower to indemnify the title company.Get full access to this document with Practical Law. F. Any pending litigation involving the Property, the Affiant or any other property owner currently in title. g. Construction Escrow Forms. As a former practitioner, our Owner and Underwriting Counsel truly understands the value of a good template. Access FirstAm IgniteRE™, our suite of premier real estate-focused tools available to you at home or on-the-go. Without limitation, an owner's affidavit as to construction liens and possession and a gap undertaking or affidavit. 15. Representations and Warranties. The highest degree of ownership that a person can have in real estate, which gives the owner unqualified ownership and full power of disposition.