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HomeMy WebLinkAbout870765RECEIVED LINCOLN COUNTY CLER 01 JAN 12 PM 2: 54 JEAN NE Vlifq ER KEMMERER, WOMING ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY SURRENDER THIS ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY SURRENDER is made this ,-L day of j pylvArz 200j, by Kevin Kenneth George of the County of Lincoln, State of Wyoming, hereinafter referred to as Grantor; State of Wyoming County of Lincoln 45$ PR PAGE 253 ss WITNESSETH 1. The Grantor, or his predecessors in title, did on the 12t day of June, 1997, execute and deliver a certain promissory note in the principal sum of $16,900.00 and certain real estate mortgage of even date securing said promissory note, which mortgage was duly recorded irrthe records of the office of the County Clerk and Ex- Officio Register of Deeds in and for Lincoln County, Wyoming, covering the real estate more particularly described as follows: 103 Sublet Street, Kemmerer, WY 83116 The Lots Numbered 1 and 2 of the Block Numbered 4, in the Town of Diamondville, County of Lincoln, State of Wyoming 2. The Grantor has, for good and sufficient consideration, made, executed, and delivered that certain deed to Grantee, Mortgage Funding LTD Co., and said Grantee's successors and assigns, dated the ,•j day of 3/IA u:ARY 200,', conveying the above described property to Grantee. The Grantor hereby acknowledges, agrees, and certifies that the aforesaid deed was an absolute conveyance of the Grantor's rights, title, and interest in and to said real estate, together with all building thereon and appurtenances thereunto belonging and appertaining, with release of all dower and homestead rights in and to said real estate, and also conveys, transfers, and assigns all of the Grantor's rights of possession, rentals, and equity of redemption in and to said premises. The Grantor further acknowledges, agrees, and certifies that the value of said real estate is not in excess of the amount of the said indebtedness outstanding, and in consideration of the premises hereof and in consideration of such conveyance, the Grantor has received a full and complete release of Grantor's personal liability on said promissory notes. 4. The Grantor acknowledges, agrees, and certifies that the above described deed was given voluntarily by Grantor to Grantee, in good faith on the part of Grantor and Grantee, without any fraud, misrepresentation, duress or undue influence whatsoever, or any misunderstanding on the part of the Grantor or Grantee, and was not given as a preference against any other creditors of said Grantor. Page 1 of 2 254 5. The Grantor acknowledges and agrees that the above described deed of conveyance shall be and is intended and understood to be an absolute conveyance and sale, with 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. The Grantor further acknowledges and agrees that the said deed of conveyance shall not restrict the right of Grantee to institute foreclosure proceedings in connection with said mortgage, at Grantee's election, and while Grantor is personally released from liability on the subject promissory note, Grantee may retain the subject promissory note and mortgage, and consider the same unpaid and in default, for the purposes of instituting and perfecting foreclosure pursuant to law. 6. This Estoppel Affidavit and Statement of Voluntary Surrender has been made for the protection and benefit of the aforesaid Grantee, and Grantee's successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the real estate described herein, and shall bind the respective heirs, executors, administrators, and assigns of the undersigned. State of Wyoming County of Lincoln SS. On this day of personally appeared Kevin K•nneth G the person described in and who instrument, and acknowledged that their free act and deed. a �,�.o ,mo .o.£ficial s NEW�AN PIOTAR �U I_IC' r� �v COI;'���'Ci; =OF Uh4 ��(j r�,' `SING My Commission Expires Page 2 of 2 200/, before me rge, to me known to be executed the foregoing he executed the same as Notary Public My commission expires: