HomeMy WebLinkAbout893060State of Wyoming
County of Lincoln
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LINCOLN COUNTY CLERK
ESTOPPEL AFFIDAVIT AND
STATEMENT OF VOLUNTARY SURRENDER
THIS ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY
SURRENDER is made this I I day of ~ ~,R x~.~,-~ , 2003, by David M.
Jolley and Wanda L. Jolley, Husband and Wife, ~rendnts by Entireties, of the County of
Lincoln, State of Wyoming, hereinafter referred to as Grantor(s);
WITNESSETH
1. The Grantor(s), or their predecessors in title, did on December 21, 2001,
execute and deliver a certain promissory note in the principal sum of $200,000.00 and
certain real estate mortgage of even date securing said promissory note, which mortgage
was duly recorded in the-records of the office of the County Clerk and Ex-Officio Register
of Deeds in and for Lincoln County, Wyoming, coveting the real estate more particularly
described as follows:
Lot 12 of the Easy Acres Subdivision Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
2. The Grantor(s) have defaulted in the payments due on the above-described
promissory note and are/is unable to meet the obligations of said note and mortgage.
according to the terms thereof.
3. The Grantor(s) have, for good and sufficient consideration, made, executed,
and delivered that certain deed to Grantee, Federal National Mortgage Association, and
said Grantee's successors and assigns, dated the I} day of ~.,/~. ~ L(.~} ,
2003, conveying the above-described property to Grantee. The Grantor(s) hereby
acknowledge, agree, and certify that the aforesaid deed was an absolute conveYance of the
Grantor's(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 Grantor's(s') rights of possession, rentals, and equity of redemption in and to said
premises. The Grantor(s) further acknowledge, agree, and certify 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(s) have received a full and complete release of Grantor's(s') personal liability on
said promissory notes.
4. The Grantor(s) acknowledge, agree, and certify that the above-described deed
was given voluntarily by Grantor(s) to Grantee, in good faith on the part of Grantor(s) and
Grantee, without any fraud, misrepresentation, duress or undue influence whatsoever, or
any misunderstanding on the part of the Grantor(s) or Grantee, and was not given as a .
· preference against any other creditors of said Grantor(s). ,'
5. The Grantor(s) acknowledge and agree that the above-described deed of
Conveyance shall be and is intended and understood to be an absolute conveyance and
sale, with full extinguishment of Grantor's(s') equity of redemption, and with full release of
all Grantor's(s') rights, title, and interest of every character in and to said property. The
Grantor(s) further acknowledge and agree that the said deed of conveyance shall not
restrict the right of Grantee' to institute foreclosure proceedings in connection with said
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mortgage, at Grantee's election, and while Grantor(s) are personally released fi:om liability
on the subj~ect 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.
Wanda L. Jolley
State of Wyoming
County of Lincoln
On this Il day of ~ ~c~ ~--~ , 2003, before me personally
appeared David M. Jolley and Wanda L. Jolley, to me known' to be the person(s)
described in and who executed the foregoing instrumem, and acknowledged that they
executed the same as their free act and deed.
Witness my hand and official seal.
· }~3~'ary Public
My commission expires:
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