HomeMy WebLinkAbout951972State of New York
County of Tioga
ss.
WITNESSETH
Page 1 of- 2
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RECEIVED 2/3/2010 at 2:08 PM
RECEIVING 951972
BOOK: 741 PAGE: 739
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ESTOPPEL AFFIDAVIT AND
STATEMENT OF VOLUNTARY SURRENDER
THIS ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY
SURRENDER is made this day of .T mar y 20A1i y Shelly Marie
Hanlon of the County of Tioga, State of New York, hereinafter referred to as Grantor;
1. The Grantor did on the 12th day of December, 2005, execute and deliver a certain
promissory note in the principal sum of $42,000.00 and certain real estate mortgage of even
date securing said promissory note, which mortgage was duly recorded in the records of the
office of the County Clerk and Ex- Officio Register of Deeds in and for Lincoln County,
Wyoming, covering the real estate more particularly described as follows:
Lot 211 River Ranches Fishing and Equestrian Estates at Freedom,
Wyoming, Second Filing, Lincoln County, Wyoming according to that
plat filed March 10, 1999, as Plat No. 383 and 383 -A.
2, The Grantor has defaulted in the payments due on the above described promissory
note and is unable to meet the obligations of said note and mortgage according to the terms
thereof.
3. The Grantor has, for good and sufficient consideration, made, executed, and
delivered that certain deed to Grantee, First Interstate Bank, and said Grantee's successors and
assigns, dated the i day of 3 o yua ry 201Q9 the above described
property to Grantee. The Grantor hereby acknowledges, agrees, and certifies that the aforesaid
deed was an absolute conveyance of the Grantor's rights, title, and interest in and to said real
estate, together with all building thereon and appurtenances thereunto belonging and
appertaining, with release of all dower and homestead rights in and to said real estate, and also
conveys, transfeis, and assigns ail of Grantor's rights of possession, rentals, and equity of
redemption in and to said premises. The Grantor further acknowledges, agrees, and certifies
that the value of said real estate is not in excess of the amount of the said indebtedness
outstanding, and in consideration of the premises hereof and in consideration of such
conveyance, the Grantor has received a full and complete release of Grantor's personal liability
on said promissory notes.
4. The Grantor acknowledges, agrees, and certifies that the above described deed was
given voluntarily by Grantor to Grantee, in good faith on the part of Grantor and Grantee,
without any fraud, misrepresentation, duress or undue influence whatsoever, or any
misunderstanding on the part of the Grantor or Grantee, and was not given as a preference
against any other creditors of said Grantor.
5. The Grantor acknowledges and agrees that the above described deed of conveyance
shall be and is intended and understood to be an absolute conveyance and sale, with full
extinguishment of Grantor's equity of redemption, and with full release of all Grantor's rights,
title, and interest of every character in and to said property. The Grantor further acknowledges
and agrees that the said deed of conveyance shall not restrict the right of Grantee to institute
foreclosure proceedings in connection with said mortgage, at Grantee's election, and while
Grantor is personally released from liability on the subject promissory note, Grantee may
retain the subject promissory note and mortgage, and consider the same unpaid and in default,
for the purposes of instituting and perfecting foreclosure pursuant to law.
6. This Estoppel Affidavit and Statement of Voluntary Surrender has been made for
the protection and benefit of the aforesaid Grantee, and Grantee's successors and assigns, and
all other parties hereafter dealing with or who may acquire an interest in the real estate
described herein, and shall bind the respective heirs, executors, administrators, and assigns of
the undersigned.
State of New York
County of Tioga
H: \COLLECT\Hadon106 Estoppel Affidavit.doc
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The foregoing instrument was acknowledged before me by Shelly Marie Hanlon, this
(0 day of ,tmotpal 200V.IO,
Signatur of tarial Officer
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Title andank
My Commission expires: C1121110
MARY ELIZABETH CLARKE
NOTARY PUBLIC, State of New York
No 01CL6013603
Qualified in Tompkins County
Commission Fxpires September 21, 20