Common use of Nonforeign Entity Clause in Contracts

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. [Sections 18662 and 18668 of the [__________] Revenue and Taxation Code], as amended, provide that a transferee of a [__________] real property interest must withhold income tax if the transferor is a nonresident seller. To inform Collateral Agent that the withholding of tax will not be required in the event of the disposition of the Trust Estate pursuant to the terms of this Deed of Trust, Borrower hereby certifies, under penalty of perjury, that: (a) Borrower 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; and (b) Intentionally deleted. (c) Borrower’s principal place of business is [__________] County, [__________]; and (d) B▇▇▇▇▇▇▇ is duly qualified to do business in [__________]. It is understood that Collateral Agent may disclose the contents of this certification to the Internal Revenue Service and the [__________] Franchise Tax Board and that any false statement contained herein could be punished by fine, imprisonment or both. Borrower covenants and agrees to execute such further certificates, which must be signed under penalty of perjury, as Collateral Agent reasonably requires. The covenant set forth herein will survive the foreclosure of the lien of this Deed of Trust or acceptance of a deed in lieu thereof.

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. [Sections 18662 and 18668 of the [__________] Revenue and Taxation Code], as amended, provide that a transferee of a [__________] real property interest must withhold income tax if the transferor is a nonresident seller. To inform Collateral Agent that the withholding of tax will not be required in the event of the disposition of the Trust Estate Mortgaged Property pursuant to the terms of this Deed of TrustMortgage, Borrower hereby certifies, under penalty of perjury, that: (a) Borrower 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; and (b) Intentionally deleted. (c) Borrower’s principal place of business is [__________] County, [__________]; and (d) B▇▇▇▇▇▇▇ is duly qualified to do business in [__________]. It is understood that Collateral Agent may disclose the contents of this certification to the Internal Revenue Service and the [__________] Franchise Tax Board and that any false statement contained herein could be punished by fine, imprisonment or both. Borrower covenants and agrees to execute such further certificates, which must be signed under penalty of perjury, as Collateral Agent reasonably requires. The covenant set forth herein will survive the foreclosure of the lien of this Deed of Trust Mortgage or acceptance of a deed in lieu thereof.