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HomeMy WebLinkAbout948586ESTOPPEL AFFIDAVIT STATE OF WYominil, COUNTY OF _ Lt:yt6c~ ss Joe Ford, being duly sworn, deposes and says: X0,0469 1. That he is the identical party as Joe Ford, a sole proprietorship, who, as Mortgagor or grantor, 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 5 of Grunig Meadows Subdivision, a Family Exempt Subdivision, Lincoln County, Wyoming, as described on the official plat filed on January 8, 2004, as Instrument No. 896489 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 mortgage owed by deponent in the sum of $24,614.62, 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 Joe Ford, a sole proprietorship as Mortgagor, as follows: in the original amount of $67,907.91, dated October 29, 2003, and recorded November 25, 2003, in Book 542 PR, Page 396 in the office of the Lincoln County Clerk, State of Wyoming, 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. 3. That the aforesaid Quitclaim Deed and conveyance was made by the deponent as the result of his request that the Grantee accept such Deed as his free will and voluntary act; that at the time of making said Deed, the deponent believed and still believes that the Mortgage indebtedness above mentioned represented a fair value of the property so deeded; that said Deed RECEIVED 7/28/2009 at 10:17 AM RECEIVING # 948586 1 BOOK: 728 PAGE: 469 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~-~qOP)470 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 of his 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. Joe Ford Subscribed and sworn to before me this 7-1N day of 1109py, 2009. Witness my hand and official seal. CHRIS ALLRED NOTARY PUBLIC COUNTY OF STATE OF LINCOLN V WYOMING MY COMMIMS101 E7(PIRES JULY 9, 2012 Notary Public My commission expires: 3ULY ?I dL6/02 2