Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "INTERNAL REVENUE CODE") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee that the withholding of tax will not be required in the event of the disposition of the Mortgage Estate pursuant to the terms of this Mortgage, Mortgagor hereby certifies, under penalty of perjury, that: (A) Mortgagor is not a foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; (B) Mortgagor's U.S. employer identification number (EIN) is as set forth on the signature page of this Mortgage following Mortgagor's name; (C) Mortgagor's principal place of business is at the address set forth on the first page of this Mortgage following Mortgagor's name; and (D) Mortgagor is duly qualified to do business in the state in which the Property is situated. It is understood that Mortgagee may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor covenants and agrees to execute such further certificates, which shall be signed under penalty of perjury, as Mortgagee shall reasonably require. The covenant set forth herein shall survive the foreclosure of the lien of this Mortgage or acceptance of a deed in lieu thereof.
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Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as amended (the "INTERNAL REVENUE CODE") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Mortgagee that the withholding of tax will not be required in the event of the disposition of the Mortgage Estate pursuant to the terms of this Mortgage, Mortgagor hereby certifies, under penalty of perjury, that: (A) Mortgagor is not a foreign corporation, 459 foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and the regulations promulgated thereunder; (B) Mortgagor's U.S. employer identification number (EIN) is as set forth on the signature page of this Mortgage following Mortgagor's name; (C) Mortgagor's principal place of business is at the address set forth on the first page of this Mortgage following Mortgagor's name; and (D) Mortgagor is duly qualified to do business in the state in which the Property is situated. It is understood that Mortgagee may disclose the contents of this certification to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Mortgagor covenants and agrees to execute such further certificates, which shall be signed under penalty of perjury, as Mortgagee shall reasonably require. The covenant set forth herein shall survive the foreclosure of the lien of this Mortgage or acceptance of a deed in lieu thereof.
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