HomeMy WebLinkAbout969934ESTOPPEL AND MECHANIC LIEN AFFIDAVIT
00747
The undersigned Grantors (the plural is used herein even if there
is only one Grantor), each being duly sworn upon their respective
oath, state:
The Grantors, or their predecessors in title, did on May 30, 2008,
sign and deliver, a promissory note in the original principal sum
of $108,300.00 to Bank of the West, hereinafter "Holder" who is now
the holder of that promissory note and the hereinafter described
Deed of Trust or Mortgage. Said promissory note is secured by a
Deed of Trust or Mortgage (hereinafter Mortgage) which is recorded
in the records of Lincoln County, WY, and covers the following
described real estate (hereinafter Property), more particularly
described as:
Common: 910 S Front Street
Opal, WY 83124
Legal: Lot One (1), Block Nine (9) Amended Plat of Opal, Lincoln
County, Wyoming.
Grantors have defaulted in the payments due on said note and are
unable to meet the obligations of said Note and Mortgage according
to the terms thereof.
On the date hereof, Grantors signed and delivered to the Holder a
deed conveying the Property to Holder. Grantors hereby acknowledge,
agree and certify that said deed is an absolute conveyance,
surrender and forfeiture of their rights, title and interest in the
Property together with all buildings thereof and appurtenances
thereunto belonging and appertaining. This conveyance includes
Grantors' rights to possess the Property and make any claim in the
nature of a homestead against the Property, their rights to rentals
from the Property, and their rights to cure any defaults on said
note or to redeem the Property from foreclosure.
Said deed was given voluntarily by the Grantors to Holder, in good
faith on the part of Grantors and Holder, without any fraud,
misrepresentation, duress or undue influence whatsoever, or any
misunderstanding on the part of the Grantors or Holder, and was not
given as a preference against any other creditors of said Grantors.
Said deed of conveyance shall not restrict the right of the Holder
to institute foreclosure proceedings if the Holder deems same to be
necessary, 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 in the Property and a full release of all Grantors'
rights, title and interest of every character in and to the
Property.
RECEIVED 3/13/2013 at 4:29 PM
RECEIVING 969934
BOOK: 806 PAGE: 747
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
The consideration for said deed is that Grantors will receive full
and absolute release of personal liability on said note together
with a cancellation of record by Holder and the delivery to
Grantors of said note and said mortgage, if there are no other
liens against this Property.
This affidavit has been made for the protection and benefit of the
Holder, his or its successors and assigns, and all other parties
hereafter dealing with or who may acquire an interest in the
Property therein, and shall bind the respective heirs, executors,
administrations, and assigns to the undersigned.
Grantors further represent to Holder that to their personal
knowledge, no additions, alterations, improvements or other
repairs, for which payment has not been made, or for which liens
can be asserted, claimed or recorded, have been made within the six
months preceding the date of this affidavit on the Property.
Grantors agree to protect, defend and hold harmless Holder or its
successors and assigns against any and all liability, loss or
damage, including attorney's fees and costs, it may incur or suffer ors' re e entations herein are untrue.
Gr% or -JecerAt �Urnrrle.0 Grantor 14006 m.Sur ri
On this 1 day of \t 1 9Y'1L:GV 203, before me personally
appeared )6.. 4 1 ccuv t�LC- to me known
to be the person described in and who executed the foregoing
instrument, and acknowl -dged that he executed the same as his free
act and deed. t� y 7 i
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My commission expires: YEA U
(SEAL)
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GARRET L. HUGHES
MY COMMISSION EXPIRES
4m 2,2015
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