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HomeMy WebLinkAbout979748I 1 979748 12/17/2014 9:38 AM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 845 PAGE: 6 AFFIDAVIT JEANNE WAGNER LINCOLN COUNTY CLERK 111111111011111111111111111111III01111111111111111111111111111111111111111111 ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY SURRENDER WHEREAS, THIS ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY SURRENDER "Estoppel Affidavit is made by Adam M. Bench and Erika Bench, husband and wife "Grantors and WHEREAS, Adam M. Bench and Erika Bench, being duly sworn upon their oath depose and state as follows: n 4L1 1 ..a 11—, 1 1. On October 16, 2007, Grantors executed and delivered a promissory note "Note and a mortgage (the "Mortgage in favor of 1 Bank, and said mortgage was assigned to Wyoming Community Development Authority, its successors and assigns, "WCDA originally encumbering the property covered by said Mortgage, which is described as follows: Beginning at a point which is 7 rods east from the Northwest corner of Lot 1 in Block 16 in the Afton, Wyoming Townsite, as same is platted and recorded in the Records of Lincoln County Wyoming and running thence East 82.5 feet; thence South 111 feet; thence West 29.5 feet; thence South 21 feet; thence West 53 feet; thence North 132 feet to the point of beginning. Also beginning at a point which is 101 feet West from the Northeast corner of Lot 1 in Block 16 in the Afton, Wyoming Townsite, and running thence West 31 feet; thence South 110 feet; thence East 6.5 feet; thence North 53 feet; thence East 24.5 feet; thence North 57 feet to the place of beginning. together with all buildings and improvements situate on said real property and all fixtures and appurtenances thereto (collectively the "Property and securing a promissory note "Note of the same date. 2. Said Note was secured by the Mortgage dated October 16, 2007, in the original principal amount of $175,000.00 together with interest and other indebtedness described in the Mortgage, which Mortgage was executed and delivered by Grantors to 1 Bank. The Mortgage was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on October 18, 2007, in Book 676 at Page 13, and said Mortgage was assigned to the WCDA on October 16, 2007. The Assignment was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on October 18, 2007, in Book 676 at Page 26. 3. For good and sufficient consideration, which is the cancellation of all debts, obligations, costs and charges under the Note and secured by the Mortgage, Grantors have, contemporaneously with the execution of this Estoppel Affidavit, made, executed, and delivered to the WCDA, its successors and assigns, a warranty deed in lieu of foreclosure dated as of even date herewith, conveying to the WCDA all of Grantors' right, title, equity, including their equity of redemption, and statutory right of redemption in and to the Property. Grantors hereby acknowledge, agree, and certify that the conveyance of the Property to the WCDA under the respective terms of the said warranty deed in lieu of foreclosure constitutes, as a whole, the absolute conveyance and unconditional sale to the WCDA of all of Grantors' right, title, equity, and interest of every kind and character in and to the Property, with a full release of all homestead rights, if any, in and to the Property and also constitutes,. as a whole, the conveyance, transfer, and assignment to the WCDA of all of Grantors' rights of possession thereof, rights to rentals and profits therefrom, and equity of redemption and statutory right of redemption in and to the Property. At the time of the making of said warranty deed in lieu of foreclosure affiants believe, and now believe, that the said consideration represents the fair value of the Property. 4. Grantors acknowledge, agree, certify and warrant that they have full power and authority to execute and deliver the warranty deed in lieu of foreclosure and this Estoppel Affidavit; that the warranty deed in lieu of foreclosure and this Estoppel Affidavit are valid and legally binding upon Grantors, enforceable against them in accordance with its terms. Grantors further acknowledge, agree, certify and warrant that the transaction contemplated by the warranty deed in lieu of foreclosure and this Estoppel Affidavit are of a tangible benefit to them and that the warranty deed in lieu of foreclosure has been given freely and voluntarily by Grantors to the WCDA, in good faith on the part of Grantors, without any coercion or duress. 5. Grantors acknowledge and agree that the warranty deed in lieu of foreclosure is intended and understood to be an absolute conveyance and unconditional sale to the WCDA with full extinguishment of Grantors' equity of redemption and statutory right of redemption, with full release of Grantors' right, title, and interest of every kind and character in and to the Property; that such conveyance was not, and is not now, intended as a mortgage, trust conveyance, deed of trust, or security instrument of any kind; and that the consideration for such conveyance is as recited in this Estoppel Affidavit. 6. Grantors acknowledge and agree that WCDA has forgiven and fully released Grantors from any and all debt, obligation, cost and charges existing under and by virtue of the Note and the Mortgage. 7. Grantors hereby agree that the acceptance by the WCDA of title to the Property in lieu of foreclosure pursuant to the terms of the warranty deed in lieu of foreclosure shall not create any obligation on the part of the WCDA to third parties who have claims of any kind whatsoever against Grantors with respect to the Property, and the WCDA does not hereby assume or agree to discharge any claims of such third parties or any liabilities of Grantors in any way connected with or pertaining to any of the Property. 8. This Estoppel Affidavit has been made and executed for the protection and benefit of the WCDA, and its successors and assigns, any title insurance company which may hereafter insure title to the Property and all other parties hereafter dealing with or who may acquire an interest in the Property and the warranty deed in lieu of foreclosure and this instrument shall bind the respective legal representatives, successors, and assigns, as applicable, of Grantors. IN WITNESS WHEREOF, the undersi ed has caused this Estoppel A ffi avit to be executed and delivered this day of 20 GRANTORS: Erika Bench Pctnnnol AfAhnvit PaQO 7 This instrument was acknowledged before me on this 20 b by Adam M. Bench. My Commission Expires: j V STATE OF l.C.a- -sa s COUNTY OF 00 This instrument was acknowledged before me on this k of ecve-m,b'e.r' 20 l by Erika Bench. My Commission Expires: 171,5 ss ss ACKNOWLEDGMENT AND JURAT NOTARY PUB IC 4 SPRY P ti e e, ANDREW J. HANSEN ,SI1+]Fc0 A !St:SMyAppt.Fxp^L(, /7/. F„ctnnnel Affidavit Page 3 NOTARY PUBLIC State of Kansas JENWWiFE OOD My Apgt, Exp,