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HomeMy WebLinkAbout969559cl COUNTY OF SALT LAKE g x n x; c� STATE OF UTAH ss ESTOPPEL AFFIDAVIT David F. Hailing, being duly sworn, deposes and says: 1 RECEIVED 2/19/2013 at 3:38 PM RECEIVING 969559 BOOK: 805 PAGE: 12 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1. That he makes this affidavit individually and as Manager of Professional Business Holdings, LP. 2. That the Professional Business Holdings, LP, and he 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: Lots 114, 115, 116, and 117 of Valli -Vu Golf Villas, an Addition to the Town of Afton, Lincoln County, Wyoming, as described on the official plat filed on October 3, 2007, as Instrument No. 933678 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 aforesaid Quitclaim Deed was and is release of the mortgage owed by Mortgagor in the sum of $124,518.00, 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, being that certain Mortgage dated September 11, 2007, "the Mortgage securing a Promissory Note "the Note and recorded in the office of the Lincoln County Clerk on September 17, 2007, in Book 672, page 345, Recording Number 933173, subsequently assigned to Mortgagee herein by that certain Assignment dated July 3, 2008, and recorded in the office of the Lincoln County Clerk on July 11, 2008, in Book 699, page 687, Recording No. 940451, and the delivery to this affiant of the notes or other evidence of debts secured by said Mortgages, duly canceled, receipt of which said canceled Notes is hereby acknowledged. 0 1" 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. Dated as of the 17th day of December, 2010. 2 David F. Hailing Professional Business Holdings, LP By David F. Hailing 7 Manager Subscribed and sworn to before me by David F. Hailing, individually, and as Manager of Professional Business Holdings, LP, this _A day of U Q QLQA, 20 10 Witness my hand a officitj DIANNA.1 1OWCROFT Notary Public State of Utah My Comry ,on r %.pir.:•s March 5, 2012 ;o;rv. SLC UT 84121 5625 S Vin Ydi;�kle My commission expires: Y 3 Notary Public