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The Lost Note Affidavit is a crucial document used when a promissory note or other negotiable instrument has been lost, destroyed, or misplaced. Under German law, this document serves multiple purposes: it formally declares the loss of the original note, establishes the affiant's rights to the note, and provides protection for the note maker against potential future claims. The affidavit must comply with specific requirements under German civil law (BGB) and commercial law (HGB), including mandatory notarization. It typically includes detailed information about the lost note, circumstances of its loss, ownership rights, and indemnification provisions. This document is particularly important in banking and financial transactions where the original note is required for enforcement but can no longer be produced.

1. Affiant Information: Identifies the person making the affidavit, including full legal name, address, and relationship to the lost note

2. Description of Lost Note: Detailed description of the lost promissory note including date, principal amount, interest rate, maturity date, and parties involved

3. Circumstances of Loss: Detailed explanation of when and how the note was lost, destroyed, or misplaced, including last known location and date when loss was discovered

4. Ownership Declaration: Statement confirming the affiant's ownership or right to enforce the note at the time it was lost

5. Search Efforts: Description of efforts made to locate the lost note

6. Non-Transfer Declaration: Statement that the note has not been sold, assigned, transferred, pledged, or otherwise disposed of

7. Indemnification: Agreement to indemnify and hold harmless the maker of the note against any claims arising from the lost note

8. Notarization: Space for notary acknowledgment as required under German law