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HomeMy WebLinkAbout958075STATE of WYOMING S.S. COUNTY of LINCOLN R R BUILDERS, INC. a Wyoming Corporation, ROBERT WAGNER and' RAYMOND BERGSTROM, as officers of said corporation and as individuals "Grantor being duly sworn, depose and say: That undersigned grantor (collectively "Grantor made, executed, and delivered that certain deed (the "Deed to 1 BANK, a United States banking corporation "Grantee dated the 20 day of September, 2010, and recorded on the 23' day of September, 2010, as Receiving #955664, in Book 754 P.R. of Official Records, Page 251, Lincoln County, Wyoming, conveying the following described property, known as 201 River Trail Dr., Alpine, WY 83128, more particularly described as follows: Lot 34 of SALT RIVER COVE DIVISION NO. 2, Lincoln County, Wyoming, as shown on the official plat thereof filed January 3, 2006, as Receiving No. 914941, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 367 -G. (the "Premises RECEIVED 2/14 /2011 at 12:42 PM RECEIVING 958075 BOOK: 762 PAGE: 464 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEED IN LIEU OF FORECLOSURE AFFIDAVIT AND ESTOPPEL CERTIFICATE That the undersigned makes this Affidavit for and on behalf of the Grantor. That the Deed is intended to be and is an absolute conveyance of the title to the Premises to the Grantee, and it was not and is not intended as a mortgage, trust conveyance, or security device of any kind; that it is the intention of the Grantor that the Deed unconditionally and absolutely convey to the Grantee all of the Grantor's right, title, and interest in and to the Premises; that the Grantor has no right, option or obligation to redeem the Premises or to acquire, reacquire or repurchase any portion of the Premises or any rights or interests with respect thereto. That Grantor has vacated the Premises, and possession of the Premises has been surrendered to the Grantee. That there are no other agreements, written or otherwise, between the Grantor and Grantee, 00U464 63277 relating to the Premises or the Deed, other than agreement). 000465 dated (describe settlement That the Deed was not given as a fraudulent transfer or preference against any other creditors of the Grantor; that at the time it was given, there was no other persons or entities, other than the Grantee, interested, either directly or indirectly in the Premises; that the Grantor is solvent and has no other creditors whose rights would be prejudiced by such conveyance, and that the Grantor is not obligated upon any debt or other mortgage whereby any lien has been created or exists against the Premises, except as set forth on the current title commitment for the Premises. That in the execution and delivery of the Deed the Grantor fully understands the effects thereof, and acted freely and voluntarily, and was not acting under coercion, duress or undue influence. That the consideration for the Deed was and is the full and unconditional release and cancellation of all debts, liabilities, obligations, costs, and charges owed by the undersigned, and all guarantors, if any, and secured by that certain MORTGAGE encumbering the Premises, executed by R R BUILDERS, INC. a Wyoming Corporation to 1 BANK, dated the 17 day of October, 2007, and recorded on the 22n day of October, 2007, as Receiving #934239, in Book 676 P.R. of Official Records, Page 261, Lincoln County, Wyoming, and that certain MODIFICATION OF MORTGAGE executed by R R BUILDERS, INC. a Wyoming Corporation to 1 BANK, dated the 9 day of October, 2008, and recorded on the 15 day of October, 2008, as Receiving #942885, in Book 707 P.R. of Official Records, Page 70, Lincoln County, Wyoming (collectively, the "Mortgage and the release of record of the Mortgage; and that at the time of the making the Deed, the outstanding debt owed by the Grantor to the Grantee equaled or exceeded the fair market value of the Premises. That this Affidavit and Estoppel Certificate is made for the protection and benefit of Stewart Title Guaranty Company and the Grantee, its successors and assigns, with knowledge and intention that they will rely hereon. That the undersigned will testify, declare, depose, and certify before any competent tribunal, officer, orr person, in any case now pending or which may hereafter be instituted to the truth of the particular facts hereinabove set forth. That the undersigned has executed this Affidavit and Estoppel Certificate as an individual, and if Grantor is an entity, also for and on behalf of said Grantor pursuant to the appropriate authorization of said Grantor. R R BUILDERS, INC. a Wyoming Corporation 63277 By: ROBERT WAGNER Print Name: P' .berT 1406 ile,r Print Title: President 1 BANK, a United States banking corporation By: MARTY KLEEMAN Print 11- not Nam A RT tt A Utrma� f Print Title: BRANCH PRESIDENT IX 7 ...r omm RO ERT WAG ERF r STATE of WYOMING SS COUNTY of LINCOLN Commission ex. Tres: /1 7/ Residing 1 BANK y: MARTY KLEEMAN Branch President NOTARY PUBLIC STATE OF WYOMING PAM ffSRUARY 14, 2011 CORPORATE ACKNOWLEDGMENT On the,2tday of January A.D. 2011 personally appeared before me RAYMOND 000466 By: AtrIBM BERGSTOM Print Name: Print Title: Vice President iW y' r linaltRZBERGSTR M, Vice President of R R BUILDERS, INC. RXZEft BERGSTRO Individually RAYMOND MARTY KLEEMAN who, being by me duly sworn, did say that he is the BRANCH PRESIDENT of 1 BANK, a United States banking corporation and that the said instrument was signed in behalf of said corporation by authority of a resolution of its board of directors and the aforesaid officers acknowledged to me that said corporation executed the same. Notary Public RAYMOND 63277 STATE of WYOMING CORPORATE ACKNOWLEDGMENT SS COUNTY of LINCOLN On theg'day of January A.D. 2011 personally appeared before me ROBERT WAGNER win )..9o who, being by me duly sworn, did say that they are the President and Vice President respectively of R R BUILDERS, INC. a Wyoming Corporation and that the said instrument was signed in behalf of said corporation by authority of a resolution of its board of directors and the aforesaid officers acknowledged to me that said corporation executed the same. Commission expires: A 19 miumuunu aculIv ;igv; =alit arn' otary Public i .pe `1fY1 Residing in: Fenton h;oi3ry !'uaiic MI 7 i, h u h Vel 1 �C 2p County of a m Mate of tc-g Lincoln w!, is ,af Wyoming Commission expires: Residing in: Ott IJfi[3o fl My My Commission Expires 1 INDIVIDUAL ACKNOWLEDGMENT l tr94 ^ti�ri •'��11t f�9li tRae.':s D. 3 r (rn Sa'. ?r'J 'l,fkilio iw County of State of '1\tyOITting /11t2 0'1 5 nfiE rvy "'Lti Zvi' ®gr Notary Public 000467 AND RAYMOND BERGSTROM STATE of WYOMING SS COUNTY of LINCOLN On the act e-- day of January A.D. 2011 personally appeared before me ROBERT WAGNER and glil/ k' BERGSTROM the signers of the within instrume t, who duly acknowledged to me that they executed the same.