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HomeMy WebLinkAbout933254 ss ESTOPPEL AFFIDAVIT RECEIVED 9/19/2007 at 10:51 AM RECEIVING # 933254 BOOK: 672 PAGE: 727 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING COUNTY OF LINCOLN I I , Bryan Miller, being duly sworn, deposes and says: 000727 1. That he is the president and authorized member of B.G.M. Development, L.L.C., a I Wyoming limited liability company, which is the identical party who, as Mortgagor or grantor, made, executed and delivered that certain Agreement, Quitclaim Deed, and Release of Mortgage ("Quitclaim Deed" or "Deed") to Robert E. Rhinesmith Revocable Trust dated November 15, 1989, c/o Pamela Kay Dallabetta, Trustee, conveying the following described real property located in Lincoln County, Wyoming: Lot 22 of Star Valley Ranch Plat 13, Lincoln County, Wyoming, as described on the official plat filed on August 10, 1977, as Instrument No. 496704 of the records of the Lincoln County Clerk, and also Lot 69 of Star Valley Ranch Plat 5, Lincoln County, Wyoming, as described on the official plat filed on June 7, 1971, as Instrument No. 431709 of the records of the Lincoln County Clerk, and also Lot 25 of Star Valley Ranch Plat 13, Lincoln County, Wyoming, as described on the official plat thereof. 2. That the aforesaid Quitclaim Deed was an absolute conveyance of the title to said premises to the Grantee named therein in effect as well as in form, and was not and is not now intended as a Mortgage, Trust Conveyance, or Security of any kind, and that possession of said premises has been surrendered to the said Grantee; that the consideration in aforesaid Quitclaim Deed was and is release of the mortgage owed by deponent in the sum of $24,490.28, with all accrued interest to date thereon by the Grantee named therein, receipt for which is hereby acknowledged, together with the full cancellation of all debts, obligations, costs, and charges, heretofore existing under and by virtue of the terms of the Mortgage heretofore existing on the property therein and hereinbefore described executed by B.G.M. Development, L.L.C., as Mortgagor, as follows: in the original amount of $250,000.00, dated May 19, 2006, and recorded June 2, 2006, in Book 622, Page 230 in the office of the Lincoln County Clerk, State of Wyoming, modified by that Mortgage Modification Agreement recorded November 28, 2006, in Book 641, page 407 in said office, and the delivery to this affiant of the note or other evidence of debt secured by said Mortgage, duly canceled, receipt of which said canceled Note is hereby acknowledged. 000728 3. That the aforesaid Quitclaim Deed and conveyance was made by the deponents as the result of their request that the Grantee accept such Deed as their free will and voluntary act; that at the time of making said Deed, the deponent believed and still believe that the Mortgage indebtedness above mentioned represented a fair value of the property so deeded; that said Deed was not given. as a preference against any other creditors of the deponent; that at the time it was given, there was no other person or persons, Firms or Corporations, other than the Grantee therein named interested, either directly or indirectly, in said premises; that the deponent is solvent and has no other creditors whose rights would be prejudiced by such conveyance, and that the deponent is not obligated upon any Bond or other Mortgage whereby any lien has been created or exists against the premises described in said Deed; and that the deponent in offering to execute the aforesaid Deed to the Grantee therein, and in executing same, is not acting under any duress, undue influence, misapprehension or misrepresentation by the Grantee in said Deed, or the agent or attorney or any other representative of the Grantee in said Deed and that it was the intention of the deponent as Grantor in said Deed to convey and by said Deed the deponent did convey to the Grantee therein all their right, title, and interest absolutely in and to the premises described in said Deed and in and to all other property conveyed or assigned to Grantee therein. This Affidavit is made for the protection and benefit of the aforesaid Grantee in said Deed, its successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property described therein, and shall bind the respective heirs, executors, administrators, and assigns of the undersigned. Subscribed and sworn to before me this 3/5+ day of ~LL.91- Witness my hand and official seal. ,2007. GERALD L. GOULDING - NOTARY PUBLIC . County of Lincoln State of Wyoming ~x~ Notary Public My Commission Expires May 2, 2011 My commission expires: S-d-dOII 2