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HomeMy WebLinkAbout967332STATE OF WYOMING COUNTY OF LINCOLN ESTOPPEL AFFIDAVIT ss. 00 1.1 This Affidavit is made thisc "L day o o 2012, by Western Wyoming Investments, LLC, by an through Raymond Bergstrom and Robert Wagner, Members of Western Wyoming Investments, LLC, hereinafter referred to as the Grantor, and said Grantor being first duly sworn does depose and say as follows: That Grantor did, on May 15, 2008, execute and deliver a Promissory Note to 1st Bank, of Alpine, Wyoming, said Note being in the principal sum of Two hundred Sixty Five Thousand Twenty Dollars and Sixty Seven Cents ($265,020.67) 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 May 27, 2008, in Book 695, at Page 406, in the Office of the County Clerk of Lincoln County, Wyoming; said Mortgage covering certain real property situated in the County of Lincoln, State of Wyoming, and being more particularly described as follows, to wit: Lot Twenty -One (21) of Snake River Junction Second Filing Recorded August 29, 2007 as Document Number 932576 in the Office of the Clerk of Lincoln County, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions and rights of way of record. That Grantor and 1St Bank, Alpine, Wyoming, did thereafter modify said Mortgage by Modification of Mortgage dated September 20, 2010, and filed of record on September 23, 2010, in Book 754, Page 247, Receiving No. 955662, which Modification added the following properties as additional collateral covered by the Mortgage: Lot Thirty (30) of Salt River Cove Division No. 2, Lincoln County, Wyoming as described on the Official Plat filed on January 3, 2006 as Instrument No. 914941 of the Records of the Lincoln County Clerk, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions and rights of way of record. Lot Twenty (20) of 2nd Amended Plat Salt River Cove Division No. 1, Lincoln County, Wyoming Recorded as Document No. 910483, Map No. 367 -F in the Office of the Clerk of Lincoln County, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; 1 RECEIVED 10/11/2012 at 12:42 PM RECEIVING 967332 BOOK: 796 PAGE: 161 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions and rights of way of record. That thereafter a Partial Release of Mortgage was executed by 1St Bank, Alpine, Wyoming, on 5cp,rt „A, 746 a.,,' and was filed of record on e��an r z p z in Book i- 3 Page sc. Receiving No. Sw .32g which Partial Release released the following properties from the coverage of the Mortgage, as modified: Lot Thirty (30) of Salt River Cove Division No. 2, Lincoln County, Wyoming as described on the Official Plat filed on January 3, 2006 as Instrument No. 914941 of the Records of the Lincoln County Clerk, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions and rights of way of record. That the Grantor has defaulted in the payments due on said Note, upon which the principal amount of $236,038.21, plus interest, is at this time past due and outstanding, Grantor hereby stating that Grantor is unable to meet the obligations of said Note according to the terms thereof. That Glacier Bank, fka 1st Bank, of Alpine, Wyoming, is the present legal holder of the aforesaid Note and Mortgage and that pursuant to an agreement with the said Glacier Bank, fka 1st Bank, of Alpine, Wyoming, the Grantor made, executed and delivered that certain Deed in Lieu of Foreclosure of even date herewith, which conveyed and transferred above described property, being said Lot Twenty -One (21) of Snake River Junction Second Filing, Lincoln County, Wyoming Lot Twenty (20) of 2nd Amended Plat, Salt River Cove Subdivision No. 1, Lincoln County, Wyoming to Glacier Bank, fka 1st Bank, of Alpine, Wyoming, hereinafter referred to as the Grantee. The Grantor hereby acknowledges, agrees and certifies that the aforesaid Deed in Lieu of Foreclosure is an absolute conveyance and transfer of the Grantor's 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 Grantor's right of possession, rental and equity of redemption in and to said premises. The Grantor further acknowledges, agrees and certifies that the value of the Grantor's 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. 2 tl 0162 The Grantor further acknowledges, agrees, and certifies that said Deed is given voluntarily by the Grantor to Glacier Bank, fka 1st Bank, 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 Grantor's equity of redemption, and with full release of all Grantor's 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 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 assigns 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 hereinafter 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. WESTERN WYOMING INVESTMENTS, LLC By: P-47iitot By: Raymond Bergstrom, Member Robert Wagner, Membe State of &L Vw County of L LLC ACKNOWLEDGEMENT ss. 3 0Q_1.V`, On thi b day o 7 1 2012, before me, the undersigned Notary Public, personally appeared RAYMOND BERGSTROM, as Member of WESTERN WYOMING INVESTMENTS, LLC, and ROBERT WAGNER, as Member of WESTERN WYOMING INVESTMENTS, LLC, and known to me to be authorized agents of the limited liability company that executed the Deed and acknowledged the Deed to be the free and voluntary act and deed of the company, by authority of its members, for the uses and purposes therein mentioned, and on oath state that they are authorized to execute this Deed and in fact executed the Deed on behalf of the company. Witness my hand and official seal. My commission expires: (c 4 Notary Public JAMES ROBINSON NOTARY PUBLIC COUNTY OF u rj STATE OF LINCOLN WYOMING COMMISSION EXPIRES OCTOBER 19 2015