HomeMy WebLinkAbout949654ESTOPPEL AFFIDAVIT
STATE OF WYOMING )
ss: r:,C 437
COUNTY OF LINCOLN )
September
This Affidavit is made this 21st day oflAh& f, 2009, by ARON L. FROMM AND
STEPHANIE R. FROMM, husband and wife, as tenants by the entireties, hereinafter
referred to as the Grantor, and said Grantor being first duly sworn does depose and say as
follows:
That Grantor did, on August 13, 2008, execute and deliver a Promissory Note to 1 st
Bank, of Alpine, Wyoming, said Note being in the principal surn of $675,000.00 with
interest thereon at the rate set forth in said Note and said Note being secured by a Mortgage
of even date therewith, which Mortgage was filed of record on August 22, 2008, in Book
702, at Page 819, in the Office of the County Clerk of Lincoln County, Wyoming; said
Mortgage covering certain real property situated in the County of Lincoln, State of
Wyoming, and being more particularly described as follows, to wit:
Lot 13 of Trail Creek Subdivision, Lincoln County, Wyoming, according to
that plat filed April 3, 2002 in the Office of the Lincoln County Clerk as plat
No. 196F.
That the Grantor has defaulted in the payments due on said Note upon which the
principal amount of $ 667,831.36 plus interest is at this time past due and
outstanding, Grantor hereby stating that they are unable to meet the obligations of said Note
according to the terms thereof.
That 1 st Bank, of Alpine, Wyoming, is the present legal holder of the aforesaid Note
and Mortgage and that pursuant to an agreement with the said 1st Bank, of Alpine,
Wyoming, the Grantor made, executed and delivered that certain Deed in Lieu of
Foreclosure of even date herewith, which conveyed and transferred the above-described
property to 1 st Bank, of Alpine, Wyoming, hereinafter referred to as the Grantee.
The Grantor hereby acknowledges, agrees and certifies that the aforesaid Deed in Lieu
of Foreclosure i an absolute conveyance and transfer of the Grantor's right, title and interest
in and to said real estate, together with all improvements thereon and appurtenances
thereunto belonging and appertaining, and with release of all dower and homestead rights in
and to said rea.? estate, and the aforesaid Deed in Lieu of Foreclosure has also conveyed,
transferred anti assigned the Grantor's right of possession, rental and equity of redemption in
and to said pre5.nises. The Grantor further acknowledges, agrees and certifies that the value
of the Grantor',; equity in said real estate is not in excess of the amount of total indebtedness
outstanding, and in consideration of the premises hereof and in consideration of such
conveyance, the Grantor will receive a full and complete release of personal liability on said
Note, together with the cancellation of record of said indebtedness by said Grantee upon
acceptance of said Deed by the Grantee and approval of title by the Grantee and subject
further to the •~ondition that the premises have been vacated on or before October 30,
2009.
The Grantor further acknowledges, agrees, and certifies Grantee, in Deed good faith given
voluntarily b~ i the Grantor to 1st Bank, of Alpine, Wyoming, the
the part of the Grantor and Grantee, without any fraud, misrepresentation, duress, or undue
influence whatsoever or any misunderstanding on the part of the Grantor, and was not given
as a preferei ~ ~e against any creditors of the said
edings f it desires, Debut thel conot restrict the
nveyance by
right of the I .'rrantee to institute foreclosure proceedings
_ _ RECEIVED 9/23/2009 at 1:34 PM
1 RECEIVING # 949654
BOOK: 732 PAGE: 437
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
The State of Wyoming )
r~:d
ss. 438
County of Lincoln )
The foregoing instrument was acknowledged, subscribed and sworn to before me by
ARON L. FROMM AND STEPHANIE R. FROMM, personally known to me this 91st
day of AIAgj i$t, 2009.
September,
Witness my hand and official seal.
My commission expires:
zell
PENNY JONES NOTARY PUBLI
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION IXPIRES SE M 1AF'R 18, 2011
Notary Pu