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ESTOPPEL AFFIDAVIT
This Affidavit is made this 3 day of it Cem 2010, by Three Rivers
Development, Inc., Shawn M. Bard, and Elmore Ray Bard, hereinafter referred to as the Grantors,
and Shawn M. Bard and Elmore Ray Bard, hereinafter referred to as Guarantors, and said Grantors
and Guarantors, being first duly sworn, do depose and say as follows:
That Grantors, or their predecessors in title, on April 2, 2007, did execute and deliver a
Promissory Note to 1 Bank, Alpine, said Note being secured by a mortgage of even date therewith,
which Mortgage was recorded April 10, 2007 in the Office of the Lincoln County Clerk, Lincoln
County, Wyoming, in Book 654 at pages 88 et. seq., receiving number 928285, the payment and
performance of which Note and Mortgage were guaranteed by the Guarantors; and
Said Note bearing interest thereon at the rates set forth in said Note, and said Mortgage
covering certain real property situated in the County of Lincoln, State of Wyoming, and more
particularly described as follows, to wit:
Lot 19D and 19E, River View Meadows Addition to the town of Alpine within
the SE 1/4 of Section 30, T37 N, R118 W, according to that Plat filed July 2, 1993
as Instrument No. 767416, Plat No. 229 -B., in the records of the Lincoln County
Clerk;
Together with all improvements thereon, and easements, appurtenances and
incidents belonging or appertaining thereto, or used in connection therewith;
subject, however, to all mining, mineral and other exceptions, reservations,
covenants, conditions and right of way of record.
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Which real property was re- platted and is now more particularly described as follows, to
Lot 19D Lot 19E FIRST AMENDED PLAT OF RIVERVIEW MEADOWS
ADDITION TO THE TOWN OF ALPINE Recorded November 4, 2003 at
Document No. 894989, in the Office of the Clerk, Lincoln County, Wyoming.
Together with all improvements thereon, and easements, appurtenances and
incidents belonging or appertaining thereto, or used in connection therewith;
subject, however, to all mining, mineral and other exceptions, reservations,
covenants, conditions and right of way of record.
That the Grantors and Guarantors have defaulted in the payments due on said Note, upon
which the principal amount of $246,013.03, plus interest and certain foreclosure costs and other
charges and expenses are at this time past due and outstanding, and Grantors and Guarantors hereby
state that they are unable to meet the obligations of said Note according to the terms thereof.
That 1 Bank, Alpine is the present legal holder of the aforesaid Note and Mortgage and that
pursuant to an agreement with 1 Bank, Alpine, the Grantors made, executed and delivered that
certain Deed in Lieu of Foreclosure dated 12-k 1 2010, which conveyed the
above described property to 1s Bank, Alpine, hereinafter referred to as the Grantee.
RECEIVED 2/1/2011 at 9:33 AM
1 RECEIVING 957873
BOOK: 761 PAGE: 630
JEANNE WAGP'FR
1 INr.ni N COUNTY CLERK, r....
'RER, WY
000631
That Grantors hereby acknowledge, agree, and certify that the aforesaid Deed was an
absolute conveyance of the Grantors' right, title and interest in and to said real estate, together with
all buildings thereon and appurtenances thereunto belonging and appertaining, and with release of
all dower and homestead rights in and to said real estate, and also conveyed, transferred and
assigned the Grantors' rights of possession, rental and equity of redemption in and to said premises.
That the value of said real estate is not in excess of the amount of total indebtedness outstanding,
and in consideration of the premises hereof, in consideration of such conveyance, and in
consideration of the execution and delivery to 1 Bank, Alpine of a Promissory Note in the sum of
$60,000.00 from Guarantors Elmore Ray Bard and Shawn M. Bard, the receipt of which Note is
hereby acknowledged by 1 Bank, Alpine, the Grantors and Guarantors will receive a full and
complete release of personal liability on the original Note and Mortgage, 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 condition that the premises
have been vacated on or before
OAS! 2010.
That said Deed is given voluntarily by the Grantors to 1 S Bank, Alpine, the Grantee, in good
faith on the part of the Grantors and Grantee, without any fraud, misrepresentation, duress, or undue
influence whatsoever or any misunderstanding on the part of the Grantors, and was not given as a
preference against any creditors of the said Grantors. That said Deed shall not restrict the right of
the Grantee to institute foreclosure proceedings if it desires, but the conveyance by said Deed shall
be and is hereby intended and understood to be an absolute conveyance and an unconditional sale,
with full extinguishment of Grantors' equity of redemption, and with full release of all Grantors'
rights, title and interest of every character in and to said property, subject to the acceptance of said
Deed by the Grantee and approval of title by the Grantee, and subject further to the condition that
the premises have been vacated. Grantors understand that the giving of the above- described Deed
may interfere with the obtaining of further insured mortgage loans.
That Grantors do hereby assign to the Grantee all hazard insurance policies now in effect on
the above described property and all escrow deposits for the payment of taxes, insurance and other
loan purposes (if any) presently held by the Grantee, and Grantors further assigns to the Grantee the
right to receive payment of any claim payable under the terms of said insurance policies, including
any premium refund now or hereinafter payable.
This Affidavit has been made for the protection and benefit of the Grantee in the aforesaid
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 representative, heirs, executors,
administrators, and assigns of the undersigned.
2
THREE RIVERS DEVELOPMENT, INC.
--Vvl
SHAWN M. BA ident of
THREE RIVERS DEVELOPMENT, INC.
State of (A-)
County of v C .44
ividually
CORPORATE ACKNOWLEDGEMENT
ss.
On this J day of Leae-(AA 2010, before me, the undersigned Notary
Public, personally appeared SHAWN M. BARD, President of THREE RIVERS
DEVELOPMENT, INC., and ELMORE RAY BARD, Vice President of THREE RIVERS
DEVELOPMENT, INC., and know to me to be authorized agents of the corporation that
executed the Deed and acknowledged the Deed to be the free and voluntary act and deed of the
corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute this Deed and
in fact executed the Deed on behalf of the corporation.
Witness my hand and official seal.
c
M commission expires:
l9, ?_011
State of UV
ss.
County of LL
Witness my hand and official seal.
My commission expires:
1C I
3
eT of
By:
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1
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF x STATE OF
LINCOLN .,r WYOMING
MYCOMMISSION EXPIRES OCTOBER 19, 2011
Notary Public
x
'i 'I'
The foregoing instrument was acknowledged, subscribed and sworn to before me
by SH WN M. BARD and ELMORE RAY BARD, personally known to me this j
day of c e>!,1.11 -tom. 2010.
Notary Public
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF
LINCOLN WYOMING
MYCOMMISSION EXPIRES OCTOBER 19, 2011
THREE RIVERS DEVELOPMENT, INC.
By:
x
Witness my hand and official seal.
My commission expires:
a$ aoB3
SHAWN M. BARD, Individually
State of :4.0
County of i 1S
3
000633
By:
ELMORE RA CBARD, ice President of
THREE RIVERS DEVELOPMENT, INC.
CORPORATE ACKNOWLEDGEMENT
State of leAt Uv)
ss.
County of I Y(0
On this day of JAM w 2014, before me, the undersigned Notary
Public, personally appeared SHA M. BARD, President of THREE RIVERS
DEVELOPMENT, INC., and ELMORE RAY BARD, Vice President of THREE RIVERS
DEVELOPMENT, INC., and know to me to be authorized agents of the corporation that
executed the Deed and acknowledged the Deed to be the free and voluntary act and deed of the
corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute this Deed and
in fact executed the Deed on behalf of the corporation.
KELLY L. PAFFORD
Notary Public
STATE OF TEXAS
My Comm. Exp. September 28, 2013
Not
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ELMORE RAY BARD, I dividually
The foregoing instrument was acknowledged, subscribed and sworn to before me
by SHAWN M. BARD and ELMORE RAY BARD, personally known to me this a5
day of hull t t o 4(
go l
Witness my hand and official seal.
My commission expires:
,g.g,
Notary blic
KELLY L. PAFFORD
Notary Public
STATE OF TEXAS
My Comm. Exp. September 28, 2013