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HomeMy WebLinkAbout962498RECEIVED 12/27/201 at 2:00 PM RECEIVING 962498 BOOK: 778 PAGE: 413 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ESTOPPEL AFFIDAVIT 00413 WHEREAS, THIS ESTOPPEL AFFIDAVIT is made by Bruce M. Davis, a married man, whose address is 406 Hillview Drive, Afton, Wyoming 83110, and Daniel M. Allphin, a married man, whose address is 4841 W. Johnathan, Highland, Utah 84003, herein called Grantor; and WHEREAS, Bruce M. Davis and Daniel M. Allphin, Grantor, are being duly sworn upon oath deposes and states as follow: 1. On August 23, 2007, Grantors executed and delivered a mortgage "Mortgage in favor of Pioneer Builders of Nevada, a Nevada Corporation and said Pioneer Builders of Nevada's name was changed to Pioneer Builders Company, Inc., a Utah Corporation, its successors and assigns, originally encumbering the property covered by said Mortgage, which is described as follow: See Attached EXHIBIT "A" Together with all buildings and improvements situate on said real property and all fixtures and appurtenances thereto (collectively the "Property and securing a promissory note "Note of the same date. 2. Said Note was secured by a Mortgage dated August 23, 2007, in the original principal amount of $1,000,000.00 together with interest and other indebtedness described in the Mortgage, which Mortgage was executed and delivered by Grantor to Pioneer Builders of Nevada, a Nevada corporation. The Mortgage was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on August 24, 2007 in Book 669 beginning at Page 879 as receiving No. 932460, and as amended Modification of Mortgage Agreement dated June 17, 2008; said Modification of Mortgage being that which was recorded in the land records of Lincoln County, Wyoming on June 26, 2008 in Book 698 beginning at Page 489 as receiving No. 940120. 3. For good and sufficient consideration, which is the cancellation of all debts, obligations, costs and charges under the Note and secured by the Mortgage, Grantor has, contemporaneously with the execution of the Estoppel Affidavit, made, executed, and delivered to Pioneer Builders Company, Inc., its successors and assigns, a warranty deed in lieu of foreclosure date as of even date herewith, conveying to Pioneer Builders Company, Inc. all of Grantor's right, title, equity, including his equity of redemption, and statutory right of redemption in and to the property. Grantor hereby acknowledges, agrees, and certifies that the conveyance of the Property to Pioneer Builders Company, Inc. under the respective terms of the 00414 said warranty deed in lieu of foreclosure constitutes, as a whole, the absolute conveyance and unconditional sale to Pioneer Builders Company, Inc. of all of Grantor's right, title, equity, and interest of every kind and character in and to the Property, with a full release of all homestead rights, if any, in and to the Property and also constitutes, as a whole, the conveyance, transfer, and assignment to Pioneer Builders Company, Inc. of all of Grantor's rights of possession thereof, rights to rentals and profits therefrom, and equity of redemption and statutory right of redemption in and to the Property. 4. Grantor acknowledges, agrees, certifies and warrants that he has full power and authority to execute and deliver the warranty deed in lieu of foreclosure and this Estoppel Affidavit; that the warranty deed in lieu of foreclosure and this Estoppel Affidavit are valid and legally binding upon Grantor, enforceable against him in accordance with its terms. Grantor further acknowledges, agrees, certifies and warrants that the transaction contemplated by the warranty deed in lieu of foreclosure and this Estoppel Affidavit are of a tangible benefit to him and that the warranty deed in lieu of foreclosure has been given freely and voluntarily by Grantor to Pioneer Builders Company, Inc, in good faith on the part of Grantor, without any coercion or duress. 5. Grantor acknowledges and agrees that the warranty deed in lieu of foreclosure is intended and understood to be an absolute conveyance and unconditional sale to Pioneer Builders Company, Inc. with full extinguishment of Grantor's equity of redemption and statutory right of redemption, with full release of Grantor's right, title, and interest of every kind and character in and to the Property; that such conveyance was not, and is not now, intended as a mortgage, trust conveyance, deed of thrust, or security instrument of any kind; and that the consideration for such conveyance is as recited in this Estoppel Affidavit. 6. Grantor acknowledges and agrees that Pioneer Builders Company, Inc. has forgiven and fully released Grantor from any and all debt, obligation, cost and charges existing under and by virtue of the Note and the Mortgage. 7. Grantor hereby agrees that the acceptance by Pioneer Builders Company, Inc. of title to the Property in lieu of foreclosure pursuant to the warranty deed in lieu of foreclosure shall not create any obligation on the part of Pioneer Builders Company, Inc. to third parties who have claims of any kind whatsoever against Grantor with respect to the Property, and Pioneer Builders Company, Inc. does not hereby assume or agree to discharge any claims of such third parties or any liabilities of Grantor in an way connected with or pertaining to any of the Property. 8. This Estoppel Affidavit has been made and executed for the protection and benefit of Pioneer Builders Company, Inc., and its successors and assigns, any title insurance company which may hereafter insure title to the Property and all other parties hereafter dealing with or who may acquire an interest in the Property and the warranty deed in lieu of foreclosure and this instrument shall bind the respective legal representatives, successors, and assigns, as applicable, of Grantor. IN WITNESS WHEREOF, the undersigned has caused this Estoppel Affidavit to be executed and delivered this 0 day of December, 2011. GRANTOR: IAA Bruce M Davis State of (11 County of a(F C te *WS WNW MOM Notary Public KIM BOWLES Commission #649187 My Commission Expires November 3, 2015 l! State of Utah IMF MMIM Maw GRANTOR: Da el M All hin p State of WO County of a ff- (A/LIZ Notary Public KIM BOWLES Commission #649187 My Commission Expire. c November 3, 2015 State of Utah :S This instrument was acknowledged before me on this Z' day of December, 2011 by Bruce M. Davis. :SS /1 /3/ 005' tuee of Notary Public Officer) My Commission Expires ail L?o, This Instrument was acknowledged before me on o )day of December, 2011, by Daniel M. Allphin. 1/:;,5,7/1-, ui o otar gi y Public Officer) My Commission Expires 00415 AS TO PARCEL IA: PARCEL IB: EXHIBIT "A" ALL OF THE SW 1/4 NE1 /4 AND S1/2 NW1/4 NE1 /4 OF SECTION 32, T34N, RI18W, OF THE 6 P.M. LOCATED SOUTH OF BEDFORD, LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 32 AND RUNNING N0 °11'34 "E, 1326.47 FEET TO THE NORTHWEST CORNER OF SAID SW1 /4 NE1 /4; THENCE CONTINUING N0 °11'24 "E, 662.81 FEET TO THE NORTHWEST CORNER OF THE S1/2 NW1 /4 NE1 /4; THENCE S89 °50'49 "E, 1318.51 FEET TO THE NORTHEAST CORNER OF SAID S1 /2 NW 1/4 NE1 /4; THENCE S0 °05'30 "W, 662.49 FEET TO THE SOUTHEAST CORNER OF SAID S1/2 NW1/4 NE1 /4; THENCE CONTINUING S0 °05'30 "W, 1324.98 FEET TO THE SOUTHEAST CORNER OF SAID SW1 /4 NE1 /4; THENCE N89 °57'43 "W, ALONG THE SOUTH LINE OF LAST SAID SW1 /4 NE1 /4 1322.06 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND THROUGH A 60.00 FOOT WIDE STRIP OF LAND THE SOUTH AND EAST LINES THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL OF LAND AND RUNNING S89 °57'09 "E, 991.75 FEET; THENCE NORTH 666.00 FEET; THENCE S89 °57'09 "E, 330.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 32. PARCEL IC: PARCEL ID: ALSO TOGETHER WITH AN EASEMENT FOR UTILITIES 10.00 FEET WIDE LYING SOUTH OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1414.00 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID SECTION 32, TO THE SOUTHEAST CORNER OF THE AUSTIN J DAY PROPERTY; THENCE WEST, ALONG THE SOUTH BOUNDARY OF SAID DAY PROPERTY 260.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N88° 13'49 "W 1059.56 FEET TO A POINT IN THE EAST LINE OF SAID PARCEL 00416 ALSO TOGETHER WITH A NON EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER UNDER AND THROUGH A 60.00 FOOT WIDE EASEMENT LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE FROM THE LINCOLN COUNTY ROAD NO 12 -126 (STRAWBERRY ROAD) TO THE WESTERLY LINE OF THE PARCEL OF LAND ABOVE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE NW1/4 OF SAID SECTION 32 SAID POINT BEING 988.07 FEET, MEASURED DISTANCE (60 RODS OF RECORD), N89 °49'52 "W FROM THE NORTHEAST CORNER OF SAID NW1 /4; THENCE RUNNING S0 °20' 13 "W ALONG THE WEST LINE OF THE ELNO FLUCKIGER PARCEL, 663.86 FEET TO THE SOUTHWEST CORNER OF SAID FLUCKIGER PROPERTY AND THE NORTHWEST CORNER OF THE BEDFORD WATER AND SEWER DISTRICT EASEMENT; THENCE CONTINUING ALONG THE BOUNDARY LINES OF SAID BEDFORD WATER AND SEWER DISTRICT EASEMENT, THE FOLLOWING COURSES AND DISTANCES: S0 °20'13 "W 200.00 FEET; S89 °53'10 "E 200.00 FEET; AND N0 °20' 13 "E 200.00 FEET TO THE SOUTH LINE OF SAID ELNO FLUCKIGER PROPERTY; THENCE S89 °53' 10 "E ALONG THE SOUTH LINE OF SAID ELNO FLUCKIGER PROPERTY 789.77 FEET TO THE SOUTHEAST CORNER OF THE ELNO FLUCKIGER PROPERTY AND THE NORTHWEST CORNER OF SAID PARCEL. AS TO PARCEL 2A: A PORTION OF THE NW1/4 OF SECTION 32, T34N, RI18W, 6 P.M., LOCATED SOUTHWEST OF BEDFORD, LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 00417 EXHIBIT A (Continued) BEGINNING AT THE SOUTHEAST CORNER OF SAID NW1 /4 AND RUNNING N89 °'56'10 "15W, ALONG THE SOUTH LINE OF SAID N W1/4, 1325.43 FEET TO THE SOUTHWEST CORNER OF THE SE1 /4 NW 1/4; THENCE RUNNING N0 °22' 19 "E, ALONG THE WEST LINE OF SAID SE1 /4 NW1/4, 1327.56 FEET TO THE NORTHWEST CORNER OF SAID SE1 /4 NW 1/4; THENCE RUNNING S89 °55'33 "E, ALONG THE NORTH LINE OF SAID SEI /4 NW1/4, 269.88 FEET; THENCE N0 °20' 13 "E, 1327.59 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 32; THENCE S89 °49'52 "E, ALONG LAST SAID NORTH LINE, 60.00 FEET TO A POINT 988.07 FEET, MEASURED DISTANCE (60 RODS OF RECORD), N89 °49'52 "W, FROM THE NORTI -IEAST CORNER OF SAID NW I/4; THENCE RUNNING S0 °20' 13 "W, ALONG THE WEST LINE OF THE ELNO FLUCKIGER PARCEL, 663.86 FEET TO THE SOUTHWEST CORNER OF SAID FLUCKIGER PROPERTY; S89 °53' 10 "E, ALONG THE SOUTH LINE OF SAID FLUCKIGER PROPERTY, 989.77 FEET TO THE NORTH EAST CORNER OF THE S1 /2NE1 /4 NW1/4 OF SECTION 32; THENCE S0 °11'24 "W, ALONG THE EAST LINE OF SAID S1 /2NE1 /4NW1/4, 662.81 FEET TO THE NORTH EAST CORNER OF SAID SE1/4 NW1/4; THENCE S0 °11'34 "W, ALONG THE EAST LINE OF SAID SE1 /4 NMI/4, 1326.47 FEET TO THE POINT OF BEGINNING. PARCEL 2B: TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND THROUGH A 60.00 FEET WIDE EASEMENT LYING TO THE RIGHT OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SE1 /4 NW1/4 OF SECTION 32; THENCE RUNNING S89 °56' 10 "E ALONG THE SOUTH LINE OF LAST SAID SE1/4 NW1/4, 1325.43 FEET TO THE SOUTHWEST CORNER OF THE SW 1/4 NE1 /4 OF SECTION 32; THENCE S89 °57'43 "E, ALONG THE SOUTH LINE OF LAST SAID SW1 /4 NE1 /4, 1322.06 FEET TO THE SOUTHEAST CORNER OF SAID SW1 /4 NE1 /4; THENCE N0 °05'30 "E, ALONG THE EAST LINE OF SAID SW 1/4 NE1 /4 FEET TO THE NORTHEAST CORNER OF SAID SW1 /4 NE1 /4.