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HomeMy WebLinkAbout959876STATE OF WYOMING ss COUNTY OF LINCOLN ESTOPPEL AFFIDAVIT Trent J. Petersen, being duly sworn, deposes and says: coo0€06 1. That he makes this affidavit as the President of the Goldenwood Homes Development, Inc., aka Goldenwood Homes, Corp., a Utah corporation. 2. That Goldenwood Homes Development, Inc., aka Goldenwood Homes, Corp., is the party who, as Mortgagor or Grantor, made, executed and delivered that certain Agreement, Quitclaim Deed, and Release of Mortgage "Quitclaim Deed" or "Deed to 1ST Bank, a Wyoming state banking corporation, conveying the following described real property located in Lincoln County, Wyoming: Lot 4N of the First Filing River View Ranchettes Subdivision, as shown on the Lot Division filed November 9, 2000, and Instrument Number 869561, being part of Lot 4 of the River View Ranchettes Subdivision, Lincoln County, Wyoming, of the records of the Lincoln County Clerk. 3. 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 the aforesaid Quitclaim Deed was and is release of the mortgage owed by Mortgagor in the amount of $48,761.71, 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 Goldenwood Homes Development, Inc., as Mortgagor, being that certain Mortgage dated December 6, 2007, "the Mortgage securing a Promissory Note "the Note and recorded in the office of the Lincoln County Clerk on December 10, 2007, in Book 680, page 738, Recording Number 935469 and the delivery to this affiant of the notes or other evidence of debts secured by said Mortgage, duly canceled, receipt of which said canceled Notes is hereby acknowledged. RECEIVED 6/29/2011 at 2:20 PM RECEIVING 959876 BOOK: 768 PAGE: 606 JEANNE WAGNER 1 swir.e-.1 wI nrNi IKITV !4 COI! 6CG11A1►AGRFR WY 4. That the aforesaid Quitclaim Deed and conveyance was made by Mortgagor as the result of its request that the Grantee accept such Deed as Mortgagor's free will and voluntary act; that at the time of making said Deed, the deponent believed and still believes 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 Mortgagor; that at the time it was given, there was no other person or persons, Firms or Corporations, other than the Grantee therein named and the persons herein named, interested, either directly or indirectly, in said premises; that the Mortgagor is solvent and has no other creditors whose rights would be prejudiced by such conveyance, and that the Mortgagor is 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 Mortgagor in offering to execute the aforesaid Deed to the Grantee therein, and in executing same, is 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 Mortgagor as Grantor in said Deed to convey and by said Deed the Mortgagor did convey to the Grantee therein all of its 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 Mortgagor's respective successors in interest and assigns. 2 1 t Dated the `f day of J 2010. 00060 Goldenwood Homes Development, Inc., aka Goldenwood Homes, Corp., a Utah Corporation )31/ 2 Trent J. Petersen President Witness my hand and official seal. My commission expires: 2013 3 Notary Public 000608 Subscribed and sworn to before me by Trent J. Petersen, as President of Goldenwood Homes Development, Inc., aka Goldenwood Homes, Corp., a Utah corporation, this 21 day of 2011.