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HomeMy WebLinkAbout976779docu tT�eitIK' �,i2ahy mice Title and Escrow c4 Wyoming, LLC a6 ac6Du6toy only 976779 5 /27r,(D/0:27 PM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 833 PAGE: 88 AFFIDAVIT JEANNE WAGNER LINCOLN COUNTY CLERK 11111111111111111i 111111 111111111111111111111111111111111M 1111111111111111 AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE SS. I, M. VICTORIA ROTHERMEL "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 Las Vegas, Nevada. 2, That I am the fee owners, and the sole owner, of the following property: Lot 24 of Amended Plat of Star Valley Ranch Plat 1, Lincoln County, Wyoming, as described on the official plat filed on January 6, 1971 as Instrument No. 427346 of the records of the Lincoln County Clerk, Lots 8 and 9 of Howard Woods Limited Subdivision, Lincoln County, Wyoming, as described on the official plat filed on December 9, 1999 as Instrument No. 862980 of 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 December 4, 2006 in Book 642 at Page 113 as Receiving No. 925021 (the "Property 4. That the Property has been in my possession since the date of conveyance to Ine, 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. AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE ROTHERMEL THE BANK OF STAR VALLEY PAGE 1 OF 3 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, taxes, liens, encumbrances or charges of every nature and description, save and except: 7. That the Property is occupied as follows: 8. That no proceedings in bankruptcy have ever been instituted by or against me in any court or before any officer of any State or of the United States, nor at any time have I made an assignment for the benefit of creditors. 9. That during the time that I have owned the Property, no person to whom I have been married has had any interest in the Property. I have not changed my name during the time that I have owned the Property. 10. That I am party with Lender to an Agreement for Deed in Lieu of Foreclosure of even date herewith "Agreement 11. That I am the person who has executed a Deed in Lieu of Foreclosure for the Property on this date to Lender (the "Deed 12. That the Deed was executed and delivered by me pursuant to the Agreement. 13. That the Deed was intended to be and is an absolute conveyance of title to the Property to Lender in effect 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. 14. 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; I have been represented by legal counsel of my own choosing throughout the transactions contemplated or referenced in AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE ROTIIERMEL THE BANK OF STAR VALLEY PAGE 2 OF 3 the Agreement, or I have chosen to proceed without counsel, relying on my own knowledge and review of the transactions. 15. That I and 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. 16. 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 lr-L day of August, 2012. /a 7 a# TORIA ROTHE EL 1 SUBSCRIBED AND SWORN TO before me on this, the day of August, 2012 by M. VICTORIA ROTHERMEL. WITNESS my hand and official seal. My Commission expires: k AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE ROTHERMEL /THE BANK OF STAR VALLEY PAGE 3 OF 3 NOTARY PUBLIC County of auk-State of Nevada MARY LOT I' No. 98- 0463 -1 My Appointment Expires Aug. 29, 2014 lax