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ESTOPPEL AFFIDAVIT
RECEIVED 9/9/2009 at 3:51 PM
STATE OF WYOMING RECEIVING # 949365
ss BOOK: 731 PAGE: 524
COUNTY OF LINCOLN JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Leslie Morehouse, being duly sworn, deposes and says:
1. That she makes this affidavit as the Personal Representative of the Estate of
Bradley D. Morehouse, as Manager of the Next Step Engineering Design & Construction, LLC, a
Wyoming limited liability company.
2. That the Next Step Engineering Design & Construction, LLC, is the party 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:
Unit 1-2 of The Condos at Valli-Vu Buildings, 1, 2, and 4 together with undivided
interest in common elements in accordance with the Declaration of Condominium,
Covenants, Conditions, and Restrictions recorded June 13, 2006, in Book 623 on
page 93 and by the official plat filed on June 8, 2006, as Instrument No. 919175 of
the records of the Lincoln County Clerk.
ALSO, Unit 2-2 of The Condos at Valli-Vu Buildings, 1, 2, and 4 together with
undivided interest in common elements in accordance with the Declaration of
Condominium, Covenants, Conditions, and Restrictions recorded June 13, 2006, in
Book 623 on page 93 and by the official plat filed on June 8, 2006, as Instrument
No. 919175 of the records of the Lincoln County Clerk.
ALSO, Unit 2-4 of The Condos at Valli-Vu Buildings, 1, 2, and 4 together with
undivided interest in common elements in accordance with the Declaration of
Condominium, Covenants, Conditions, and Restrictions recorded June 13, 2006, in
Book 623 on page 93 and by the official plat filed on June 8, 2006, as Instrument
No. 919175 of the records of the Lincoln County Clerk.
3. 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 all sums owed to Grantee, including but not limited to the mortgages
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ref 525
owed by Mortgagor in the sum of $3,235,488.11, with all accrued interest, fees and costs to date
thereon by the Grantee named therein, receipt of which is hereby acknowledged, together with the
full cancellation of all debts, obligations, costs, and charges, heretofore existing, including but not
limited to those under and by virtue of the terms of the Mortgages heretofore existing on the
property therein and hereinbefore described executed by the Next Step Engineering Design &
Construction, LLC, as Mortgagor, as follows:
Original Amount
Date
Amount Due
Loan No. 61010940
$ 5,056,860.00
10/23/2006
$ 2,403,864.14
Loan No. 61010941
$ 875,000.00
10/23/2006
$ 764.73
Loan No. 61010941
$ 875,000-00
10/23/2006
$ 764.73
Loan No. 72002926
$ 865,631.00
7/15/2008
$ 830,859.24
and the delivery to this affiant of the notes or other evidence of debts secured by said Mortgages,
duly canceled, receipt of which said canceled Notes is hereby acknowledged.
4. That the aforesaid Quitclaim Deed and conveyance was made by Mortgagor as the
result of its request that the Grantee accept such Deed as Mortgagor's 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
was not given as a preference against any other creditors of Mortgagor; that at the time it was
given, there was no other person or persons, Firms or Corporations, other than the Grantee therein
named and the persons herein named, interested, either directly or indirectly, in said premises; that
the Deed was made in accord with the Order issued by the Third Judicial District Court, Lincoln
County, Wyoing, and that the Mortgagor 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 Mortgagor 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 Mortgagor as Grantor in said Deed to convey and by
said Deed the Mortgagor did convey to the Grantee therein all of its 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.
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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 Mortgagor's respective successors in
interest and assigns.
Dated the day of~_-- , 2009.
Next Step Engineering Design & Construction, LLC
A Wyoming Limited Liability Company
B
Les ie Morehouse, Personal Representative, as
Manager
Subscribed and sworn to before me by Leslie Morehouse, as Manager of the Next Step
Engineering Design & Construction, LLC, a Wyoming limited liability company, this Z day of
2009. Corey R. Miles ~~~.b,,A Notary Public
County of State of
Witness my hand and official seal. Lincoln ,„~'n Wyoming
My Commission Expires October 12, 2011
Notary Public
My commission expires: Or/ , ~ ) ;-o /I )
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