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HomeMy WebLinkAbout899686STATE OF WYOMING ) ) ss CO~TY OF Lincoln__) 89968G RECEIVED 'LINCOLN COLJHI'Y CLERK ,',-, Pii I: 35 ESTOPPEL AFFIDAVIT ,J Il t.N I"~ ,", iL. ,,,~,:.~. ,.,..,',.~ ,,,~lCc 1~ THIS AFFIDAVIT, made this 1st day of April, 2004 by Ryan J. I{ansen and Cynthia Hansen, huSband and wife, hereinafter referred to as "Grantors' The Grantors being first duly sworn on oath states as follows: W I T N E S S E T H : That the Grantors, or their predecessor in title, did on October 26, 2001, execute and deliver to Grantee a certain promissory note in the principal sum of $123,000.00 secured by a mortgage bearing even date and duly recorded on October 30, 2001, in the office of t~e County Clerk of Lincoln County, Wyoming, covering the real estate more particularly described as follows: Attached Exhibit A Together with all buildings, improvements thereon situate and appurtenances thereonto belonging. The word "mortgage' as used herein may be construed to mean "deed of trust" as appropriate. The Grantors have defaulted in the payments due on said note and are unable to meet the obliganions of said note and mortgage according to the terms thereof. That the said Grantors are the parties who made, executed, and delivered that certain deed to Grantee, dated the 1st day of April , 2004 conveying the above-described proper[y. The said Grantors hereby acknowledge, agree, and certify that the aforesaid deed was an absolute conveyance of the Grantor's rights, title, and interest in and to said real estate, together with all buildings thereon and appurtenances thereunto belonging and appertaining, and with release of all dower and homestead rights in and to said real estate, and also conveys, transfers, and assigns the Grantor's rights of possession, rentals, and equity of redemption in and to said premises. The value of said real estate is not in excess of the amounu of said indebtedness out-standing and in consideration of the premises hereon and in consideration of such conveyance, the GranEors have received a full and complete release of personal liability on 'said note. Said deed was given voluntarily by the Grantors to the Grantee, in good faith on the part of Grantors and Grantee, without any fraud, misrepresentation, duress, or undue influence whatsoever, or any misunderstanding on the part of Grantors or Grantee, and was not given as a preference against any other creditors of said Grantors. Said deed of conveyance shall be and is hereby intended and understood to be an absolute conveyance and an unconditional sale, with full ex[inguishment of Grantor's rights, title] and interest of every c!~aracter in and to said property. .... This affidavit has been made for the protection and benefit of the aforesaid Grantee in said deed, their successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property described therein, and shall bind the respective heirs, executors, administrators and assigns of the undersigned. ' DATED this ~ day of -~-~' Q~I , STATE OF COUNTY OF ~¥~ ~ C~n t ~ia Hansen ) ) ss ) The foregoing instrument wa~ acknowledged before me by Ryan J. Hansen thi~ ..k%~ day of ~\~. ,~O~k~. WITNESS MY HAND AND OFFICIAL~>~//~/~~ NOTARY PUBLIC My Commission Expires: March 20. 2008 STATE OF :~h~ ) ) ss ) The foregoing instrumentx~ d ~was(~ acknowledged before me by Jenny Cynthia Hansen this k ay oz ~-~tk~ ,~ WITNESS MY HA~D AND OFFICIAL SEkL. z7 NOTARY PUBLIC My Commission Expires: March 20, 2008 EXHIBIT "A" The land referred to in Ibis commitment is situated in the State of Wyoming, County of Lincoln, and is described as follows: That part of GLO Lot ? of Section 6, T30N RllBW of the gth P.M., Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 176PR on page 24, described as follows: Beginning at the southwest spike of that tract of record in the Office zn Book 389PR on page 138, on the west line of said GLO Lot 7, South 360.00 feet from the northwest corner of said Lot 7; thence N 89o56,12'. E, 95.00 feet, along the south line of said tract in Book 389, to the southeast point of said tract, idennical with the southerly most southwest point of Parcel 2 of record in said Office in Book 424PR on page 6667 thence continuing, N 89056,12', E, 130.00 feet, along the south line of said Parcel 2 to the southeast point thereof, on the west line of Parcel 1 of record in said Book 424; thencepoint;S°unh' 700.00 feet, along the west line of Parcel 1, to a thence S 89o56,12', W, 60_00 feet to a point; thenceline, North to a425"00point; feet, along, a line parallel with said west thencesaidSGLo89°56'12"Lot 77 W, 165.00 feet to a spike on the west line of thence North 275.00 feet, along said west line, beginning, to the point of