HomeMy WebLinkAbout888416LiNOOLN COU~,IT¥ CLERK
LQST,NOTE AFFIDAVIT
18381070
This Affidavit is made as of February 20,2003 by Conseco Finance Servicing Corp. fka Green Tree
Financial Servicing Corporation, having an address at 7360 S.0ut~.Kv.,;~ne Road, Tempe, AZ 95283,
Holder in favor of:
P. O. E~OX 9800. Purchaser.
M,.;,RYVtLLE, TN 37802
WHEREAS, SHAWN L JORGENSEN and LAURA L JORGENSEN executed a
certain Promissory Note dated July 12, 2002 in the original principal amount of $71278.19 in favor of
Conseco Finance Servicing Corp. fka Green Tree Financial Servicing Corporation;
WHEREAS, the Original Note has been misplaced by Holder and the same cannot be located despite
diligent search attempts; and
WHEREAS, the Original Note has been sold by Holder to Purchaser pursuant to that cedain Asset
Purchase and Sale Agreement by and between Holder and Purchaser.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Holder hereby agrees as follows:
1. Holder represents and warrants that the Original Note has not been transferred, assigned, pledged,
endorsed, negotiated, or otherwise hypothecated to any party and Holder further covenants to ,Purchaser
that in no event will Holder transfer, assign, pledge, endorse, negotiate, or otherwise hypothecate the
Original Note to any other party.
2. In the event the Original Note is found or otherwise comes into Holder's possession, then Holder
shall promptly deliver the same to Purchaser.
3. In the event Holder violates any of the foregoing representations, warranties, covenants, or
agreements or in the event that Purchaser suffers any loss or liability resulting from the failure of Holder
to deliver the Original Note to Purchaser, then Holder shall indemnify and hold Purchaser harmless from
and against any and all demands, actions, causes of action, suits, controversies, claims, losses,
liabilities, costs, and expenses (including, without limitation, reasonable attorney's fees and costs) which
may be suffered or incurred by Purchaser as a result of such breach or failure to deliver the Original
Note.
This Agreement is executed as of the date first above written, shall inure to the benefit of and shall be
binding upon, as applicable, the successors, transferees and assigns of the parties hereto.
Conseco Fina~orp. fka Green Tree Financial Servicing Corporation
Jana T~ngs~ed Ager~t ~'
Page 25
787
State of Arizona
County of Maricopa
) SS
ACKNOWLEDGMENT
On February 20, 2003 before me, the undersigned, Notary Public, personally appeared Jana Tongson,
personally known to me (or proved to me on the basis of satisfactory evidenct) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(Notary Seal)
MICHAEL SALEN
NOTARY PUBLIC-ARIZONA
MARICOPA COUNTY
My Commission Expires
MARCH 27, 2004
Notary Public
My commission Expir
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