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HomeMy WebLinkAbout948582ESTOPPEL AFFIDAVIT ~,:y~~455 STATE OF WYOMING COUNTY OF LINCOLN ss Dan Ford and Kristine Ford, being duly sworn, depose and say: 1. That they are the identical party who, as Mortgagors or grantors, made, executed and delivered that certain Agreement, Quitclaim Deed, and Release of Mortgage ("Quitclaim Deed" or "Deed") to 1ST Bank, a Wyoming State Banking Corporation, conveying the following described real property located in Lincoln County, Wyoming: Lot 202 of Block 4 of Townsite of Fairview Second Filing, Lincoln County, Wyoming, as described on the official plat filed on December 20, 2000, as Instrument No. 870366 of the records of the Lincoln County Clerk. 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 mortgages owed by deponents in the sum of $148,883.11, 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 Kristine Ford, as Mortgagor, as follows: Original Amount Date Amount Due Interest from May 1, 2009 $ 83,207.25 Dec. 9, 2002 $ 58,810.73 $ 9.88566 per day 27,480.00 Sep. 16, 2004 20,038.61 3.50301 per day 70,191.00 Nov. 1, 2006 70,033.77 7.61646 per day 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. RECEIVED 7/28/2009 at 10:16 AM RECEIVING # 948582 BOOK: 728 PAGE: 455 JEANNE WAGNER 1 LINCOLN COUNTY CLERK, KEMMERER, WY "ASS 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 deponents 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 deponents; 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 deponents are solvent and have no other creditors whose rights would be prejudiced by such conveyance, and that the deponents are 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 deponents in offering to execute the aforesaid Deed to the Grantee therein, and in executing same, are 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.deponents as Grantors in said Deed to convey and by said Deed the deponents did convey to the Grantee therein all of 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. Dated the 1st day of May, 2009. .-'C Dan F - 7)c 5R Kristine Ford 2 145' Subscribed and sworn to before me by Dan Ford this day of May, 2009. Witness my hand and official seal. TRISTAN SMITH NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 0 WYOMING MY COMMISSION APRIL 22, 2013 Notary Public My commission expires: q a) 3 Y Subscribed and sworn to before me by Kristine Ford this a~?H day of 2009. Witness my hand and official seal. EECHRISALLRED NOTARY PUBLIC STATE OF WYOMING IXPIRES JULY 9, Notary Public My commission expires: _3u(-,( ? ( a of a