Action No.: [action #]
Name of Deponent: [name]
Date Sworn: [date]
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL DISTRICT OF ___________
- and -
FINAL AFFIDAVIT OF DEFAULT
I, , of the City of __________, in the Province of Alberta,
<occupation>, HEREBY MAKE OATH AND SAY AS FOLLOWS:
1. I am the [relationship to the Plaintiff] and as such have a personal knowledge of all matters
hereinafter deposed to except where otherwise stated to be based upon information and belief, in which
case I do verily believe the same to be true.
2. I am authorized to make this Affidavit on behalf of the Plaintiff.
3. By a mortgage made pursuant to the Alberta Land Titles Act dated and registered at the Land
Titles Office for the South/North Alberta Land Registration District on ____________, as Instrument No.
____________, a photocopy of which is attached hereto and marked as Exhibit “A” to this my Affidavit
(hereinafter the “Mortgage”), the Defendant(s) mortgaged to the Plaintiff his/her/their estate
in the lands in question herein (hereinafter the “mortgaged lands”), legally described as:
to secure payment of a loan to the said Defendant(s) in the principal sum of $____________ with interest
as provided in the Mortgage.
4. The said principal sum of $____________ was actually advanced by the Plaintiff to the said
THE FOLLOWING CLAUSE IS OPTIONAL BASED UPON THE CIRCUMSTANCES
5. By virtue of a Renewal and Extension Agreement dated ____________, between the Plaintiff and
the said Defendant(s), which Renewal and Extension Agreement was registered by way of a Caveat dated
____________, and filed in the Land Titles Office for the South/North Alberta Land Registration District
on ____________, as Instrument No. ____________, the rate of interest on the principal balance owing of
$____________ was increased to ________% per annum calculated half yearly not in advance as well after
as before maturity. Attached hereto and marked as Exhibit “B” to this my Affidavit is a photocopy of the
Renewal and Extension Agreement.
6. By the terms of the said Renewal and Extension Agreement, the said Defendant(s) covenanted to
pay interest to the Plaintiff on the said sum at the rate and in the manner mentioned in the Renewal and
7. By the terms of the Mortgage, in the event of default by the said Defendant(s) and at the option of
the Plaintiff, it is provided that all amounts owing by the said Defendant(s) to the Plaintiff and secured by
the Mortgage shall be due and payable on demand. The Plaintiff has exercised its option in that regard.
8. By the said Mortgage, the said Defendant(s) covenanted with the Plaintiff to pay all liens, taxes,
rates, charges or encumbrances on the Mortgaged Lands, which may fall due or be unpaid, and also to
ensure that the buildings on the Mortgaged Lands are and remain insured against damage by fire, in
default of all or any of which the Plaintiff should have the right to do the same