HomeMy WebLinkAbout949931RECEIVED 10/8/2009-at 10:52 AM
RECEIVING # 949931
ESTOPPEL AFFIDAVIT BOOK: 733 PAGE: 462
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Siegfried P. Heyden, being first duly sworn deposes and says:
That he is the identical party who made, executed and delivered that certain
quitclaim deed to Don O. Coleman, conveying the following described property:
Lot 65 of Leon Livingston Subdivision as shown by the official plat of said
subdivision filed in the Office of the Clerk of Lincoln County, Wyoming, and
being situate in Section 19, Township 37 North, Range 188 West of the Sixth
Principal Meridian
That the aforesaid quitclaim deed was an absolute conveyance of the title to said
premises to the grantee Don O. Coleman 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 Don O. Coleman;
that the consideration in aforesaid deed is a $105,000.00 Promissory Note by the
grantee Don O. Coleman, 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 a certain Mortgage heretofore existing on the property
therein and hereinbefore described executed by Siegfried P. Heyden as Mortgagor to
Don O. Coleman as Mortgagee on January 27, 2004 and recorded in the office of the
Lincoln County Clerk on January 28, 2004 in Book 546, PR Page 867 and the
cancellation of record by Don O. Coleman of said mortgage, and the delivery to this
Affiant of the Promissory Note or other evidence of debt secured by said mortgage,
duly canceled, receipt of which said canceled note is hereby acknowledged.
That the aforesaid deed and conveyance was made by the undersigned as the
result of his request that the grantee accept such deed and was his free and voluntary
act; that at the time of making said deed the undersigned felt and still feels that the
mortgage indebtedness above mentioned represented a fair value of the property so
deeded; that said deed was not given as preference against any other creditors of the
undersigned or either of them; that at the time it was given there was no other person
or person, firms or corporations, other than the grantee therein named interested,
either directly or indirectly in said premises; that the undersigned is solvent and has no
other creditors whose rights would be prejudiced by such conveyance, and that the
undersigned 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
C,0049-3
undersigned in offering to execute the aforesaid deed to the grantee therein, and in
executing the same, was 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 undersigned as grantor in said deed to convey and by said deed the
undersigned did convey to the grantee therein all of its rights, title, and interest
absolutely in and to the premises described in said deed.
This affidavit is made for the protection and benefit of the aforesaid grantee in
said deed, his 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 this day of f0 2009,
ieg ed . Heyde
STATE OF Y t2O V1~
COUNTY OF 1"1 Y O 3l
The foregoing instrument was acknowledged before me this 1 day of
C--\ pbpl" , 2009 by Siegfried P. Heyden who does verify that the foregoing
statements are true and correct to the best of his knowledge.
WITNESS my hand and official seal.
SARA BAKER
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
My Commission Expires
Jung: 29, 2011
I ~ZLC-1--L
N t Public
My Commission Expires: ZO `t