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HomeMy WebLinkAbout949367ESTOPPEL AFFIDAVIT STATE OF WYOMING COUNTY OF LINCOLN ss 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. 2. That the Estate of Bradley D. Morehouse, or its predecessors-in-interest, is the party who, as Mortgagor or Grantor, made, executed and delivered that certain Agreement, Non-Merger 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: Lots 10, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, 23, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 45 and 46of The Estates At Valli-Vu, Lincoln County, Wyoming, as described on the official plat filed on December 1, 2006, as Instrument No. 924974 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 of all sums owed to Grantee, including but not limited to the mortgages owed by Mortgagor in the sum of $3,235,488.11, with all accrued interest, fees and coststo 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 thoseunder and by virtue of the terms of the Mortgages heretofore existing on the property therein and hereinbefore described executed by the Estate of Bradley D. Morehouse, as Mortgagor, as follows: RECEIVED 9/9/2009 at 3:52 PM RECEIVING # 949367 BOOK: 731 PAGE: 531 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 000639, 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. 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 affiant 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, Wyoming, 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. 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 Z, day of 5CPTEM&---- , 2009. 2 Estate of Bradley D. Morehouse Probate No. PR2007-36-DC in the Third Judicial District Court Lincoln County, Wyoming B *ie use Personal Representative Subscribed and sworn to before me by Leslie Morehouse as Personal Representative of the Estate of Bradley D. Morehouse this day of f Z)K" 2009. Ed Notary Public Witness my hand and official seal. state of Wyoming xpires October 12, 2011 C.~ Notary Public My commission expires: ©j ao 3