PART XIV. FINANCIAL STATEMENT A. B. PART XV. AFFIRMATION AFFIRMATION I hereby affirm that I am the developer of the lots herein described or will be the developer at the time lots are offered for sale or lease to the public, or that I am the agent authorized by such developer to complete this statement (if agent, submit written authorization to act as agent); That the statements contained in this statement of record and any supplement thereto, together with any documents submitted herewith, are full, true, complete, and correct; That the fees accompanying this application are in the amount required by the rules and regulations of the Office of Interstate Land Sales Registration. WARNING: Section 1418 of the Housing and Urban Development Act of 1968 (Title XIV of P.L. 90-448, 32 Stat. 590, enacted on Aug. 1, 1968) provides: "Any person who willfully violates any of the provisions of this title or of the rules and regulations or any person who willfully, in a statement of record filed under, or in a property report issued pursuant to, this title, makes any untrue statement of a material fact or omits to state any material fact ***, shall upon conviction be fined not more than $5,000 or imprisoned not more than 5 years, or both." INSTRUCTIONS FOR COMPLETION OF STATEMENT OF RECORD These instructions must be followed in completing the statement of record. All spaces in the specified format must be completed. The format must not be changed in any respect, except as follows: a. Spaces provided in the format may be enlarged or extended for the purpose of providing a comprehensive explanation. ex b. In addition to the information pressly required to be stated in the statement of record, there shall be added such further material information, if any, as may be necessary to make the required statements in the light of the circumstances under which they are made, not misleading. c. If a filing is to be consolidated pursuant to § 1710.20 (c), the present filing may incorporate by reference any of the material in the previous filing. This shall be accomplished by placing after the applicable Part or Subpart in the format the OILSR number of the previous filing and the appropriate Part, Subpart or exhibit and page number. To facilitate proper filing, statements of record shall be filed on good quality, unglazed, white paper, approximately 81⁄2 by 13 inches in size, with a 2-inch margin at the top and a 11⁄2-inch margin on each side. They shall be in black ink in standard elite or pica type. They may be printed, lithographed, mimeographed, or typewritten; but the standard size of elite or pica type must be used. Deeds, title policies, subdivision maps or plats, and other supporting documents may be on different size paper but should be folded to the 82- by 13-inch size. A copy of the property report in the form that it will be given to the purchaser must be attached to the statement of record. Statements of record shall be filed in duplicate and at least one copy shall be signed. In the upper right hand corner, the developer shall give his Employer's IRS number as well as that of the owner of the subdivision, if the developer is not the owner. The name at the heading of the statement of record shall be the common promotional name used for the subdivision. The name and address of the authorized agent shall be the name and address of the party designated by the developer to receive correspondence and to receive service of process or notice of any action taken by OILSR. In all filings, including filings by foreign developers, the authorized agent shall be a resident of the United States. The supporting documents required by the various parts of these instructions shall be attached as exhibits at the back of the statement of record. Each exhibit shall be identified by affixing a tab on the right side of the cover sheet of the exhibit and by identifying thereon the applicable Part and Subpart by Roman numeral, letter and Arabic number. The pages of each exhibit shall be numbered beginning with the number one for the first page in each exhibit and numbering the remaining pages in the exhibit sequentially. If, at a later time, additional data is furnished to be incorporated into, or to amend, an exhibit, the pages of the additional data shall be numbered beginning with the number following the last page number in the exhibit and following sequentially therefrom. If the information in an exhibit is applicable to more than one part, the developer may incorporate that information by reference to the appropriate exhibit and to the applicable page or pages within that exhibit. The developer shall mark the property report filed with the Office of Interstate Land Sales Registration with references to the appropriate information in the statement of record and in the exhibits attached thereto. If a statement in the property report is supported by both an item in the statement of record and in an exhibit, reference shall be made to both sources. This shall be accomplished by placing the appropriate part and subpart number or the appropriate exhibit number and the page number in the right margin immediately adjacent to the applicable statement in the property report. If an item in the statement of record is supported by information in an exhibit, place the appropriate exhibit and page number in the right margin immediately adjacent to the item. Whenever the statement of record requires a summary or statement of terms or items, such summary or statement must be presented in a clear and concise manner. Where the documentation required by the statement of record cannot be obtained, a letter stating the reasons therefore must be furnished by the developer, along with the best alternative assurance available. The following instructions correspond to the Part and Subpart letters and numbers set forth in the statement of record format. PART I. ADMINISTRATIVE INFORMATION A. Identification and filing information. 1. State whether the filing is an initial filing with the Office of Interstate Land Sales Registration on the subdivision or an additional offering of lots to be consolidated with a statement of record previously filed for lots offered under the same common promotional plan. If the filing is to be consclidated, identify the OILSR filing number assigned to the original statement of record. 2. Do you intend to make subsequent filings for additional lots within the subdivision? 3. Are you submitting documentation to support a claim of exemption? If so, see instruction in D.1 of this part. B. General information. 1. Name the State, Commonwealth, territory, or possession of the United States or the country in which the subdivision is located. 2. Name the county or counties or other political subdivision or subdivisions within which the subdivision is located. 3. State the number of lots in this offering. 4. If more than one offering of lots in the subdivision has been made or will be made, state the number of lots to be offered in the entire subdivision. See nistruction D.2 of this part. 5. State the number of acres included in this offering. 6. If more than one offering of lots in the subdivision has been made or will be made, state the number of acres owned, the number of acres under option or other similar arrangement for acquisition of title to the land and the total number of acres to be offered pursuant to the same common promotional plan. C. Filings with State authorities. 1. If a statement of record or similar instrument for the subdivision has been filed in any State or States, list the State or States. 2. If any of the States listed in answer to fig. 1 above has not permitted the filing to become effective or has suspended the filing, give reasons cited by the State and also the developer's reasons, if different from those cited by the State. D. Supporting documentation. 1. If you are requesting an Exemption Advisory Opinion pursuant to section 1710.15 of these rules and regulations, your request should be entitled "Request for Exemption" and include a statement of applicable facts and law. The statement shall include all Information necessary for the consideration of the merits of the proposed offering in relation to the Interstate Land Sales Full Disclosure Act. Except for requests for exemption made prior to April 28, 1969, relating to sales programs that are in progress, the offering must be prospective; and the information submitted must affirmatively disclose that both the offering and the operations contemplated thereunder will not be inconsistent with the provisions of the Interstate Land Sales Full Disclosure Act. 2. If the present offering is a subdivision which is or will be offered with one or more additional subdivisions having recreational and/or other common facilities, submit the general or total plan. Include a map showing the total land owned or under option or other similar arrangement for acquisition of title to the land; and delineate thereon the land included in this offering. PART II. DEVELOPERS AND HOLDERS OF A. List the name and address and the type and extent of interest of each holder of any ownership interest in the land included in this offering. (Individual lot owners or lessees who have purchased or leased lots from the developer need not be listed.) If the holder is other than an individual, name the type of legal entity and list the interest and the extent thereof, of each principal. For the purposes hereof, "principal” shall mean any person or entity having a 10 percent or more financial interest. B. If the developer does not own an interest in the land, list name and address of each individual or entity having an ownership interest in the developer. If the developer is other than an individual, name the type of legal entity and list the interest, and the extent thereof, of each principal. For the purposes hereof, principal shall mean any person or entity having a 10 percent or more financial interest. C. If the developer is a corporation, submit a copy of the Articles of Incorporation, with all amendments thereto; and a list of the officers and directors of the corporation. If the developer is a trust, submit copies of the instruments creating the trust. If the developer is a partnership, unincorporated association, joint stock company, or any other form of organization, submit copies of articles of partnership or association and all other documents relating to its organization. If the holder of any ownership interest in the land being offered is a person or entity other than the developer, submit copies of the above documents for such holder. (For purposes of this Subpart C, it is not necessary to include the sales agent if the sales agent is a legal entity other than a holder of an ownership interest in the land.) PART III. IDENTITY OF INTEREST IN MORE THAN ONE FILING A. Are any of the holders of an ownership interest in the land or the developer, or any principals in the holder or developer, directly or indirectly involved in any other subdivision or development which has been filed with the Office of Interstate Land Sales Registration? If so, identify by subdivision name, location, OILSR number or numbers, and date of filing. If not applicable, state "None." B. Has a suspension order been issued with respect to any statement of record identified in Subpart A? If so, give reasons. (Do not include the suspension of a statement of record prior to its effective date or the suspension of an amendment prior to its effective date.) PART IV. LEGAL DESCRIPTION, TOPOGRAPHY, CLIMATE, SUBDIVISION MAP A. Legal description. Include an adequate legal description acceptable in the political subdivision for conveyancing of the land included in this offering; and if additional offerings have been made or will be made pursuant to a common promotional plan, include a legal description of the total area offered or to be offered pursuant to the common promotional plan. B. Topography and physical characteristics. 1. Describe the general topography and physical characteristics of the subdivision; for example, level, hilly, rocky, etc.; soil conditions, for example, loose sand, alkaline, etc. 2. State whether any of the lots or portion thereof, in the offering, are covered by water at any time of the year. 3. Is the property subject to a flood control easement? 4. What percentage of the land in the subdivision will require corrective work, other than fill, before construction of a one-story residential structure? If any, describe type of work and plans for correction; and state the estimated cost to buyer or lessee. 5. Will any unusual construction techniques be necessary to build on any part of land? If so, describe. 6. What percentage of the land will require fill before construction? If any, describe plans for fill, including composition, and estimated cost to lot buyer or lessee. 7. State elevation of the highest and lowest lots in the subdivision. C. Climate and temperature. 1. Describe general weather conditions of the area and state whether the area is subject to sandstorms, windstorms, or any other unusual weather phenomena. 2. State temperature ranges for summer and winter, including high, low and mean. D. Environmental factors. 1. Is the land subject to any unpleasant odors, noises, pollutants or other nuisances? If so, describe. 2. Do you know of any proposed plans, private or governmental, for construction of any facility which may create a nuisance or adversely affect the use of the land? E. Subdivision map. 1. State whether a subdivision map has been filed with and accepted for recording by local authorities. If so, give recording data. 2. Has each lot in the subdivision been surveyed? 3. Has each individual lot been staked or marked so that the buyer can identify the boundary lines of his lot? If not, state estimated cost to purchaser or lessee to obtain a survey and to have boundary lines staked or marked. 4. Will all streets shown on the tract map, if any, be public streets? 5. Has legal access been provided to each of the individual lots within the subdivision? 6. State minimum width of legal access to the lots. F. Supporting documentation. 1. Copy of an accurate map prepared to scale showing the dimensions of the lots and their relation to existing streets and roads. (To comply with this requirement, supply a map or maps which have been submitted to local authorities, if available.) If the land has not been divided, include a map showing the proposed division, lot dimension and their relationship to existing streets and roads. 2. Copy of the current Geological Survey Topographic Map or Maps of the largest scale available from the U.S. Geological Survey, Washington, D.C., with an outline of the subdivision area clearly indicated thereon. PART V. CONDITION OF TITLE, ENCUMBRANCES, DEED RESTRICTIONS AND COVENANTS A. State condition of the title to the land comprising the subdivision, including all encumbrances, easements, covenants, conditions, reservations, limitations or restrictions applicable thereto. This requirement may be met only by submission of title evidence in the form of (1) an original or copy of a fee or owners policy of title insurance, a guaranty or guarantee of title, or a certificate of title, or an interim title binder or commitment for title insurance, or similar instrument issued by a title company, duly authorized by law to issue such instruments in the State in which the subdivision is located; or (2) a legal opinion, stating the condition of title, prepared and signed by an attorney at law experienced in the examination of titles and a member of the Bar in the State in which the property is located. The title evidence shall be dated as of a date no earlier than 20 business days preceding the date of this filing and shall include: 1. A legal description of all of the property included in this offering together with a legal description of the property upon which there is or will be located any common areas or facilities which will be advertised as being available for the benefit or use of purchasers of lots. (Where the legal description does not |