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HomeMy WebLinkAbout971906COUNTY OF EL PASO AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE STATE OF COLORADO SS. RECEIVED 7/10/2013 at 9:51 AM RECEIVING 971906 BOOK: 815 PAGE: 296 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, WILLIAM LEE FLEMING "Seller being duly sworn and under oath, warrant to THE BANK OF STAR VALLEY "Lender and to ALLIANCE TITLE ESCROW COMPANY OF WYOMING, INC. "Title Company and their respective heirs and or successors and assigns, as follows: 1. That I am over twenty -one (21) years of age; and that I reside in Peyton, Colorado. 2. That I am the fee owner, and the sole owner, of the following property: Lot 19 of Star Valley Ranch Plat 6, Lincoln County, Wyoming, as described on the official plat filed on June 7, 1971 as Instrument No. 431710 in the records of the Lincoln County Clerk. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject, however, to all reservations, restrictions, protective covenants, exceptions, easements, and rights -of -way of record, in sight, or in use. 3. That I acquired the above described property through the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on May 1, 2006 in Book 618 at Page 468 as Receiving No. 917966 (the "Property"). 4. That the Property has been in my possession since the date of conveyance to me, and that such ownership and possession has been uninterrupted and continuous, open, notorious, hostile and adverse to all others and exclusive of the right or claim of any other person or persons and our title has never been disputed or questioned. No person has a contract for the purchasing of the Property and I know of no facts by reason of which said possession or title may be called in question or by reason of which any claim to any part of the Property or any interest therein adverse to might be set up. No conditional bills of sale or chattel mortgages have been filed against the Property or against any personal property or fixtures attached to or used in connection with the Property. 5. That there are no law suits or legal proceedings pending anywhere affecting the Property and there are no claims or pending claims for accidents or other legal claims with respect to the Property. 6. That there are no judgments against me that are unpaid or unsatisfied of record, entered in any court of this State or of the United States, and the Property is free from all leases, AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE FLEMING THE BANK OF STAR VALLEY PAGE 1 OF 3 \cs taxes, liens, encumbrances or charges of every nature and description, save and except: 7. That the Property is occupied as follows: 8. That I filed a Chapter 7 Bankruptcy Petition with the United States Bankruptcy Court for the District of Colorado (Case No. 13- 12461). The Bank was granted relief from stay on April 26, 2013, regarding the Property. I acknowledge that the Bank has the power to foreclose on the Property pursuant to the Court's Order granting relief from stay. 9. That during the time that I have owned the Property, Donna Davis Fleming had an interest in the Property. Her interest in the Property will be removed pursuant to Wyoming law by an Affidavit of Survivorship, executed by me simultaneously with this Affidavit. 10. That I have not changed my name during the time that I have owned the Property. 11. That I am party with Lender to an Agreement for Deed in Lieu of Foreclosure of even date herewith "Agreement 12. That I am the person who has executed a Deed in Lieu of Foreclosure for the Property on this date to Lender (the "Deed 13. That the Deed was executed and delivered by me pursuant to the Agreement. 14. That the Deed was intended to be and is an absolute conveyance of title to the Property to Lender in effect as well as in form; the Deed was not and is not intended to serve or operate as a mortgage, deed to secure debt, security agreement, trust conveyance, deed of trust, lien, security interest, or security of any kind; by virtue of the Deed, the Agreement, and any other documents, I have waived, relinquished, and given up any and all right, title, and interest, legal, equitable, or otherwise in the Property; the consideration for the Deed was and is for our benefit and consists of Lender's execution covenant not to sue in the Agreement. 15. That the Deed is intended to release and does release the indebtedness evidenced by a Mortgage to Lender securing a Promissory Note in the original principal sum of $27,260.24; said Mortgage being that which was recorded in the land records of Lincoln County, Wyoming on October 13, 2006 in Book 636 beginning at Page 858 as Receiving No. 923347. 16. That the Deed was executed and delivered as the result of my request and was my free and voluntary act; I have no creditors whose rights would be prejudiced by the Deed; my execution and delivery of the Agreement and other documents is not the result of duress or undue influence, intimidation, misapprehension, bad faith, unconscionable conduct, overreaching conduct, or misrepresentation by Lender, or any agent, attorney, or any other representative of Lender. AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE FLEMING THE BANK OF STAR VALLEY PAGE 2 OF 3 17. That I have been represented by legal counsel of my own choosing throughout the transactions contemplated or referenced in the Agreement, or I have chosen to proceed without counsel, relying on my own knowledge and review of the transactions. 18. That I am proceeding with the transaction contemplated by the Agreement voluntarily pursuant to what I perceive to be in my own best interest. I understand that the transactions contemplated by the Agreement may have adverse tax consequences and I have consulted with such tax, legal, and accounting advisors with respect to such consequences as I have deemed advisable. 19. That this Affidavit is made to induce Lender to accept the Deed, is made for the protection and benefit of Lender and its successors, grantees, and assigns, the Title Company, who may now or hereafter insure Lender's interests in the Property, and all other parties hereafter dealing with or who may acquire any interest in the Property, all of whom may rely on this Affidavit. DATED this at V day of 2013. My Commission expires: SUBSCRIBED AND SWORN TO before me on this, the p2S day of V11�, 2013 by WILLIAM LEE FLEMING. WITNESS my hand and official seal. AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE FLEMING THE BANK OF STAR VALLEY PAGE 3 OF 3 WILLIAM LE FLE ING KIM SNELL NOTARY PUBLIC STATE OF COLORADO My ommission Expires 01 -3 -2014 ti