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HomeMy WebLinkAbout959979AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE STATE OF WYOMING SS. COUNTY OF LINCOLN AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE SUTER JENSEN PAGE 1 OF 3 000100 WE, MICHAEL SUTER and KRISY SUTER "Sellers being duly sworn, warrant to FERN K. JENSEN "Lender and ALLIANCE TITLE ESCROW COMPANY OF WYOMING, INC. "Title Company and their respective heirs and or successors and assigns, as follows: 1. That we are over twenty -one years of age; we are married to each other; and we reside in Bedford, Wyoming. 2. That we are the fee owners, as husband and wife, tenants by the entireties, of the following property: Lot 3 of Block 15 of the Bedford Townsite survey as platted and recorded in the land records of Lincoln County, Wyoming, beginning at the Northwest Corner of said Lot 3 of Block 15 and running thence South along the West line of said Lot 3, 120 feet; thence East 120 feet; thence North 120 feet to the North line of said Lot 3 of Block 15; thence West 120 feet to the point of beginning Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject, however, to all reservations, restrictions, protective covenants, exceptions, easements, and rights -of -way of record, in sight, or in use. Having acquired the property through the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on September 17, 2007 in Book 672 at Page 385 as Receiving No. 933178 (the "Property 3. That the Property has been in our possession since the date of conveyance to us, and that such ownership and possession has been uninterrupted and continuous, open, notorious, hostile and adverse to all others and exclusive of the right or claim of any other person or persons and our title has never been disputed or questioned. No person has a contract for the purchasing of the Property and we know of no facts by reason of which said possession or title may be called in question or by reason of which any claim to any part of the Property or any interest therein adverse to might be set up. No conditional bills of sale or chattel mortgages have been filed against the Property or against any personal property or fixtures attached to or used in connection with the Property. 00010± 4. That there are no law suits or legal proceedings pending anywhere affecting the Property and there are no claims or pending claims for accidents or other legal claims with respect to the Property. 5. That there are no judgments against us that are unpaid or unsatisfied of record, entered in any court of this State or of the United States, and the Property is free from all leases, taxes, liens, encumbrances or charges of every nature and description, save and except: in on e /VS 6. Jhat the Property is occupied as follows: 16he, ,(.7) /ns 7. That no proceedings in bankruptcy have ever been instituted by or against us in any court or before any officer of any State or of the United States, nor at any time have we made an assignment for the benefit of creditors. 8. That during the time that we have owned the Property, neither of us has been married to any other person now living. Neither of us has changed our name during the time that we have owned the Property. 9. That we are parties with Lender to an Agreement for Deed in Lieu of Foreclosure of even date herewith "Agreement 10. That we are the persons who have executed a Deed in Lieu of Foreclosure for the Property on this date to Lender (the "Deed 11. That the Deed was executed and delivered pursuant to the Agreement. 12. That the Deed was intended to be and is an absolute conveyance of title to the Property to Lender in effect well as in form; the Deed was not and is not intended to serve or operate as a mortgage, deed to secure debt, security agreement, trust conveyance, deed of trust, lien, security interest, or security of any kind; by virtue of the Deed, the Agreement, and any other documents, we have waived, relinquished, and given up any and all right, title, and interest, legal, equitable, or otherwise in the Property; the consideration for the Deed was and is for our benefit and consists of Lender's execution covenant not to sue in the Agreement. 13. That the Deed was executed and delivered as the result of our request and was our free and voluntary act; we have no creditors whose rights would be prejudiced by the Deed; our execution and delivery of the Agreement and other documents is not the result of duress or undue influence, intimidation, misapprehension, bad faith, unconscionable conduct, overreaching conduct, or misrepresentation by Lender, or any agent, attorney, or any other representative of Lender; we have been represented by legal AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE SUTER JENSEN PAGE 2 OF 3 000102 counsel of our own choosing throughout the transactions contemplated or referenced in the Agreement, or have chosen to proceed without counsel, relying on our own knowledge and review of the transactions. 14. That we are proceeding with the transaction contemplated by the Agreement voluntarily pursuant to what we perceive to be in our own best interest. We understand that the transactions contemplated by the Agreement may have adverse tax consequences and have consulted with such tax, legal, and accounting advisors with respect to such consequences as we have deemed advisable. 15. That this Affidavit is made to induce Lender to accept the Deed, is made for the protection and benefit of Lender and her heirs and /or successors, grantees, and assigns, the Title Company, who may now or hereafter insure Lender's interests in the Property, and all other parties hereafter dealing with or who may acquire any interest in the Property, all of whom may rely on this Affidavit. DATED this 2941► day of Mt n.t 2011. MICHAEL SUTER SUBSCRIBED AND SWORN TO before me on this, the 202 day of Ta t, 2011 by Michael Suter and Kristy Suter. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN °I`' WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: hd KRIST U ER NOT RY PUBLI AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE SUTER JENSEN PAGE 3 OF 3