HomeMy WebLinkAbout894427State of Wyoming
County of Lincoln
.... 53S? 469
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ESTOPPEL AFFIDAVIT AND
RECEIVED
· ~-,,~,~L~',* ~,L,i..,~"~i ¥ CLERK
O300Tit, PH 2:1,1
STATEMENT OF VOLUNTARY SURRENDER
THIS ESTOPPEL AFFIDAVIT AND STATEMENT OF VOLUNTARY
SURRENDER is made this ;J.~')'day of ~ _,~O.~..,o , 2003, by Stephen M.
Trosclair and Heather J. Trosclair, husband and~wife, 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 the 4th day of November,
1998, execute and deliver a certain Promissory note in the principal sum of $22,766.76
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, covering the real estate
more particularly described as follows:
Lot 10 of Block 31 of the First Addition to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official plat thereof.
2. The Gra?tor(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, Community First National Bank, which is
organized and existing under the laws of Wyoming, and said Grantee's successors and
assigns, dated the & ~?.,t day of ~~z~' , 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 prenfises
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 misunderstandh~g 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 Grantods(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 subject 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.
StepHen M. Trosclair, a married person
Heather J. Troscl~t~r, a married person
State of Wyoming )
) SS.
On this .~,,,2~/" day of , 2003, before me personally
appeared Stephen M. Trosclair, ~'-ma~ec~ l~er~on, and Heather J. Trosclair, a married
person, to me known to be the person(s_)~described in and who executed the foregoing
'instrument, and acknowledged that they executed the same as their fi'ee act and deed.
Witness my hand and official Seal.
?
Notary Pdblic
My commission expires:
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