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AFFIDAVIT OF SUBSTITUTE
CUSTODIAN
NORTHERN DISTRICT OF NEW
YORK, UNITED STATES OF AMERICA
______________________________________, being first duly
sworn, deposes and says
(Custodian/Affiant)
that:
1. He is
familiar with the Defendant vessel, at least to the extent
of her size, type, construction material and apparent
condition, and believes that he has adequate facilities and
supervision for and can safely keepsaid vessel in place of
the U. S. Marshal during the pendency of this suit and until
further order of the Court, and in this regard, affiant
states that he will perform the following services for said
vessel during his custodianship:
(Describe
services, as, for example, provide dumping, provide
firewatch, gangway guard, periodically inspect mooring
lines, etc.)
_______________________________________________________________________.
2. The
total charge for said services, excluding towage arranged
for or performed by affiant (which itself should not exceed
the sum of $___________), will be the sum of $___________
per____________ (hour, day, or month).
3. Affiant
has adequate liability insurance [or assets] adequate to
respond in damages for loss of or injury to the Defendant
vessel during said custody. Affiant has presented the
aforesaid proof of insurance to the U.S. Marshal.
4. Further,
affiant agrees to accept substitute custodianship of the
Defendant vessel, her engines, tackle, apparel, furniture,
equipment, etc., in accordance with the Order Appointing
Substitute Custodian.
5. All
costs and expenses incidental to the keeping of the vessel
will be paid by the moving party. The U.S. Marshal does not
assume liability for any acts of the substitute custodian or
any costs incurred incidental to this Court appointed
custodianship.
6. I
declare under penalty of perjury, in accordance with 28
U.S.C. § 1746, that the foregoing is true and correct.
DATED:_______________
_______________________________________________
Signature
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