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HomeMy WebLinkAbout952858STATE OF WYOMING ss. COUNTY OF LINCOLN state: AFFIDAVIT RECEIVED 4/12/2010 at 11:42 AM RECEIVING 952858 BOOK: 745 PAGE: 336 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BRENT ODJICK AND JESSICA ODJICK, Husband and Wife, being duly sworn depose and 1. That we are the identical parties who made, executed and delivered that certain WARRANTY DEED to the Bank of Star Valley dated the /1 day of Ake.} 2010, conveying the following described property: A portion of the Southeast 1/4. Southeast 1/4 of SECTION 26, TOWNSHIP 36 NORTH, RANGE 119 WEST, of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a Cotton Gin Spike set at a point in the South line of said Southeast 1/4 Southeast 1/4, said point being 536.41 feet North 88 °47'55" West from the Spike found marking the Southeast corner of said Southeast 1/4 Southeast 1/4, thence North 88 °47'55" West, continuing along said South line, 384.30 feet to Cotton Gin Spike set marking the Southeast corner of the Cullimore property; thence North, along the East line of said Cullimore property, 678.13 feet to an iron set at a point in the South line of Nordic Ranches Division No. 3 Subdivision, more particularly being Lot 27; thence South 89 °29'46" East, along said Lot 27 South line, 92.54 feet to a Plastic Cap on Rebar found marking the Southwest corner of Lot 28; thence South 89 °35'45" East, along the South line of said Lot 28, 268.20 feet to a Plastic Cap on Rebar found marking the Southwest corner of Lot 29; Thence South 89 °32' 12" East, along the South line of said Lot 29, 23.48 feet to an iron pipe set marking the Northwest corner of the Sanderson property; thence South, along the West line of said Sanderson property, 683.30 feet, to the POINT OF BEGINNING. Which is known as 881 County Road 107, ETNA, LINCOLN COUNTY, WYOMING, 83118. 2. That the aforesaid Warranty 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 or security of any kind, and that possession of said premises has been surrendered to the said grantee; receipt of consideration for said Warranty Deed 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 BRENT ODJICK AND JESSICA ODJICK, Husband and Wife, as Tenants by the Entireties, as mortgagors, dated October 19, 2007, and recorded October 24, 2007 in Book 676 PR, Page 557, in the Office of the Lincoln County Clerk, State of Wyoming, and the delivery of this affiant of the note or other evidence of debt secured by said mortgage, duly cancelled, receipt of which said cancelled note is hereby acknowledged. e0 0331 3. That the aforesaid Warranty Deed and conveyance was made by the deponents as the result of their request that the grantee accept such deed and was their free will and voluntary act; that at the time of making said deed, these deponents felt and still feel 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 are no other person or persons, firms or corporations, other than the grantee therein 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 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 deponents in offering to execute the aforesaid deed to the grantee therein, and in executing same, are not acting under any duress, undue influence, misapprehensions 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 their rights, title, and interest absolutely in and to the premises described in said deed. 4. The Affiants hereby waive and release any right or equity of redemption that they may have under the laws of the State of Wyoming as mortgagors. 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. STATE OF WYOMING ss. COUNTY OF LINCOLN WITNESS my hand and official seal. -o. My Commission Expires: HEIDI ROBERTS NOTARY PUBLIC COUNTY OF STATE OF LINCOLN :.','',i1, WYOMING MY COMMISSION EXPIRES OCT, 3.6 2010 c)0 The foregoing instrument was acknowledged before me by BRENT ODJICK AND JESSICA ODJICK, Husband and Wife, this 7 day of 1 h &M 2010.