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HomeMy WebLinkAbout964847STATE OF WYOMING :ss. COUNTY OF LINCOLN 00023 ESTOPPEL AFFIDAVIT RECEIVED 5/31/2012 at 2 :55 PM RECEIVING 96484 BOOK: 787 PAGE: 23 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This affidavit is made this day of TO t' 20 a by Aspen Hill Investment, LLC, hereinafter referred to as Grantor, and said' Grantor being first duly sworn do depose and say as follows: That Grantor did, on December 18 2008, execute and deliver a Promissory note to 1sT Bank, Division of Glacier Bancorp, of Alpine, Wyoming, said Note being in the Principal sum of $283,701.87 with interest thereon at the rate set forth in said Note and said Note being secured by a Mortgage of even date therewith, which Mortgage was filed of record on December 18 2012, in Book 711 of Mortgages, at Page 497, in the office of the County Clerk of Lincoln County, Wyoming and a Modification of said Mortgage dated September 16 2010 which released Parcel #1: Lot 67 Trail Ridge Subdivision, Second Filing, Lincoln County, Wyoming, which Modification was filed of record on September 20 2010 in Book 753 of Mortgages, at Page 855 in the office of the County Clerk of Lincoln County, Wyoming; said Mortgage and Modification covering certain real property situated in the County of Lincoln, State of Wyoming, and being more particularly described as follows, to wit: All of Lot 19 of the 2nd Amended Plat Salt River Cove Subdivision No. 1, Lincoln County, Wyoming, as Described on the official plat filed on April 29, 2005 as instrument No. 908010 of the records of the Lincoln County Clerk. That the Grantor has a Note upon which the principal amount of $107,680.37 plus interest is at this time outstanding, Grantors hereby stating that they are unable to meet the obligations of said Note according to the terms thereof. That 1 Bank, Division of Glacier Bancorp;, of Alpine, Wyoming, is the present legal holder of aforesaid Note and Mortgage and that pursuant to an agreement with the said 1 Bank, Division of Glacier Bancorp, of Alpine, Wyoming, the Grantor made, executed and delivered that certain Deed in Lieu of Foreclosure of even date herewith, which conveyed and transferred the above described property to 1 Bank, Division of Glacier Bancorp, of Alpine, Wyoming, hereinafter referred to as the Grantee. The Grantor hereby acknowledge, agree and certify that the aforesaid Deed in Lieu of Foreclosure is an absolute conveyance and transfer of the Grantors' right, title and interest in and to said real estate, together with all improvements thereon and appurtenances thereunto belonging and appertaining, and with release of all dower and homestead rights in and to said real estate, and the aforesaid Deed in Lieu of Foreclosure has also conveyed, transferred and assigned the Grantors' right of possession, rental and equity of redemption in and to said premises. The Grantor further acknowledge, agree and certify that the value of the Grantors' equity in said real estate is not in excess of the amount of total indebtedness outstanding, and in consideration of the premises hereof and in consideration of such conveyance, the Grantor will receive a full and complete release of personal liability on said Note, 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 -'_G) 20 IL The Grantor further acknowledge, agree, and certify that said Deed is given voluntarily by the Grantor to 1 Bank, Division of Glacier Bancorp, of Alpine, Wyoming, the Grantee, in good faith on the part of the Grantor and Grantee, without any fraud, misrepresentation, duress, or undue influence whatsoever or any misunderstanding on the part of the Grantor, and was not given as a preference against any creditors of the said Grantor; 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 00024 further to the condition that the premises have been vacated. Grantor understands that the giving of the above described Deed may interfere with the obtaining of further insured mortgage loans. That Grantor does 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 Grantor further assign 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 hereafter 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 representatives, heirs, executors, administrators, and assigns of the undersigned. Grantor: Aspen Hill Investments, LLC, a Wyoming Limited Liability Company. By: David C rrie, Member of Aspen Hill Investment, LLC B a tt-Pck- Paula D Currie, Member of Aspen Hill Investment, LLC The State of Wyoming County of Lincoln ss. The foregoing instrument was acknowledged and sworn to before me by David W. Currie, Member of Aspen Hill Investment, LLC and Paula D ur i Member of Aspen Hill Investment, LLC personally known to me this day o 20 g--• Witness my hand and official seal. My commission expires: ockn Notary Public JAMES ROBINSON NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MISSION EXPIRES OCTOBER 19 2015