HomeMy WebLinkAbout950745STATE OF WYOMING
COUNTY OF LINCOLN
ss
ESTOPPEL AFFIDAVIT
RECEIVED 11/24/2009 at 10:50 AM
RECEIVING 950745
BOOK: 736 PAGE: 694
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Daniel M. Worton and Danette N. Worton, being duly sworn, depose and say:
1. That they are the identical party who, as Mortgagors or grantors, made, executed
and delivered that certain Agreement, Quitclaim Deed, and Release of Mortgage "Quitclaim Deed"
or "Deed to Eugene K. Worton, Trustee of the Worton Family Trust dated May 10, 1995,
conveying the following described real property located in Lincoln County, Wyoming:
Please see legal description attached and incorporated herein by this reference.
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 deponents in the sum of $319,373.72, with all
accrued interest 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 under and by virtue of the terms of the Mortgage heretofore existing on the
property therein and hereinbefore described executed by Daniel M. Worton and Danette N. Worton,
as Mortgagor, as follows: in the original amount of $300,000, dated September 10, 2008, and
recorded October 1, 2008, in Book 706, Page 75, Recording No. 942594 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 deponents as
the result of their request that the Grantee accept such Deed as their free will and voluntary act;
that at the time of making said Deed, the deponents believed and still believe 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 the deponents; that at the time it was
given, there was no other person or persons, Firms or Corporations, other than the Grantee therein
O 695
named interested, either directly or indirectly, in said premises; that the deponents are solvent and
have no other creditors whose rights would be prejudiced by such conveyance, and that the
deponents are 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 deponents in offering to execute
the aforesaid Deed to the Grantee therein, and in executing same, are 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 deponents as Grantors in said Deed to convey and by said Deed the deponents did convey to
the Grantee therein all of their 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.
4. That deponents were husband and wife at the time the Note and Mortgage were
executed, that they are now divorced, and that they therefore execute this Estoppel Affidavit as
individuals and not as husband and wife.
Dated the /�t4day of November, 2009.
Daniel M. Worton
2
Danette N. Worton
2009.
Subscribed and sworn to before me by Daniel M. Worton this day of November,
Witness my hand and official seal.
JAMIE M. JENKINS NOTARY PUBLIC
County of
Lincoln C•
My commission expires:
STATE OF
ss.
COUNTY OF &it,,
r\V
State of
Wyoming
My Commission Expires May 19, 2012
Subscribed and sworn to before me by Danette N. Worton this 16 day of
�ovce-Yvt -lld 2009.
Witness my hand and official seal.
\N NI, NC)
NotagylPublic
Notary Public
My commission expires:
olANE PETTY
ROTARY PUBLIC. STATE of UTAH
995 SOUTH 1950 WEST
SPRINGVILLE, 86
COMM. EXPIRES UT 41 10
3
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FEB- 17- 2009(TUE) 15:44 STEAMROLLER COPIES HURRICANE (FAX)435 635 7713
Description; Norton Financial Surety
A portion of the Norton property, as referred to in the
Deed recorded in Book 417PR, on Page 96, within the
81/2144 /4 of Section 35, T33N, R119W, of the 6th P.M,
Lincoln County, Wyoming, the metes and bounds being more
particularly described as follows:
BEGINNING at the Paul N. Scherbel RLS 164, 1986 location
for the Northeast Corner of the SW1 /4 of said Section 35;
thence N 25'17 "w, along the North line of said SW1 /4,
361.70 feet;
thence No °29'33'IE, parallel with the West line of the NE1 /4
of said Section 35, 361.70 feet;
thence S89 °25,17 «E, parallel with said North line, 361.70
feet to a Point in said West line;
thence SO °29I33uW, along said West line, 361.70 feet, to
the Point of Beginning, containing 3.00± Acres of lazed.
SUBJECT TO: A 36 -feet Right -of -Way Easement, along the East
line of the above described Parcel, being Worton Lane
County Road 12 -132, as referred to in the Resolution Dated
the 8th Day of February 1989, recorded in Book 2 of
Resolutions, on Page 179, with said Office.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions,
Reservations, Restrictions, Rights -of -way and Improvements
of sight and or record.
P. 014 /014
09.'697