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<br /> �� �����l.e� l�l �� �.J � ��� 0�� �
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<br /> TXE AUGUETINE CO.-7GOG �
<br /> ��therein described, and in the principal sum o� �2,000.00, together with inter�st thereon, and con- i
<br /> �reying the following described real estate, situate in the County of Hall and State of Nebraska, �
<br /> , ��to-Wit: �
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<br /> �The Northerl Sixt ' �
<br /> y y-si$ Feet of Lot Ten in Block Thirteen in Gilbert s Addition to the City of i+
<br /> �rand Island,Nebraska, according to the official plat thereof of record and on file in the office ��
<br /> bf the Register of Deeds of said County.
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<br /> THE PRUDENTIAL INSUIRANCE COMPANY OF AMERICA
<br /> � Plaintiff
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<br /> ; Cleary,Suhr � Davis i
<br /> By Finlayson, Burke & �IcKie i
<br /> Its Attorneys. �
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<br /> �'iled for record this 25th day of July, 1933, at 10:30 o� clock A.M. ����d � i
<br /> � ����� I�
<br /> Register of Deec�s �
<br /> �-aaao-o-o-o-o-o-a-o-o-o-o-o-o-o-ao-o-ao-aaao-ao-o-ao-o-o-ao-o-o-o-o-o-ao-o-o-ao-o-o-0i;
<br /> ,�ESTOPPEL AFFIDAVIT �
<br /> ;
<br /> ''State of Nebraska )
<br /> )ss • i
<br /> `Hall County ) ;
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<br /> ':�filliam Kelly and Emma R.Kelly, husband and wif e, being first duly and separately s�orn each �or !
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<br /> ihimself and herself, depose and saY: (
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<br /> ':That they are the iden-tical paxties who made, executed and delivered that certain deed to Jack �
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<br /> ;Donald, Jr. , dated the 26th day of �TU1y,1.933, conveying the following described property, to-wit; !
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<br /> ;The westerly forty-nine (�+9) feet of Lot three (3) , in Block seventy-eight (7�) , of the Original �
<br /> ;To�+m, no� City, of Grand Island,Nebraska,, being a rectangular tract of ground having a northerly j
<br /> !frontage of forty-nine (49) feet on 3econd Street, and a depth of one hundred thirty-two (132) �
<br /> ifeet off of the westerly side of said Lot three (3) . ;
<br /> 'That the aforesaid deed was an absolute conveyance of the title to said premises to the grantee i
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<br /> '�named therein in eff ect as wel.l as in form, and was not an� is not now intended as a mortgage, ;
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<br /> 'trust cor.veyance, or security of any kind, and tha.t possession of said premises has been surren- �
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<br /> dered to the said grantee; that the consideration in aforesaid deed was and is payment to depon- i
<br /> ;', ents of the sum of �15,000.00, by the grantee na.med therein, receipt for which is hereby acknow- �
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<br /> " ledged, together with the full cancellation of all debts, ol�ligations, costs and charges hereto- !
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<br /> �:f ore existing under and by virtue of the terrns of a certain mortgage heretofore existing on the y
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<br /> '';proper-�y therein and hereinbefore described, executed by William Kelly and Emma R.Kelly, as mort-
<br /> ,��agors to L.G.Donald, also known as Jack Donald,Jr. as mortgagee, dated the 31st day of March �
<br /> "'192� , and recorded in �ortgage Book 66 , at Page 70, of the records of Hall County, State of I
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<br /> ''':Nebraska, and the cancellation: of reoord by said grantee of said mortgage, and the delivery to �
<br /> this affiant of the note or other evidence of debt secured by said mortgage, duly cancelled, re- j
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<br /> ' ceipt of which said �aa,ncelled note is hereby ackno�aledged.
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<br /> �iThat the aforesaid deed and conveyance was made by these deponents as the reault of their requeet �
<br /> ` that tre grantee accept such deed and was their free and voluntary act; that at the time of mak- I
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<br /> �; ing said deed these deponents f elt and still feel that the mortgage indebtedness above mentioned j
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<br /> ; represented a fair value of the property so deeded; that said deed was not given as a pref erence ;
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<br /> ;' a.gainst any other creditors of the deponents or either of them; that at the time it was given ;
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<br /> 'ithere was no other person or persons , firms or corporations, other than the grantee therein na.med �
<br /> interested, either directly or indirectly in said p remises; that these deponents are solvent and �II
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<br /> � have no othe� creditors �vhose rights would be prejudiced by such conveyance, and that deponents i
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<br /> '' are na� obligated upon any bond or other mortgage wher�by any lien has been created or exists �
<br /> ;�� against the premises described in said deed; and that deponents in offering to execute the afore- ��
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<br /> said deed to the grantee therein, and in e�ecuting s ame, were not acting under any misapprenhensi �
<br /> ; as �o the eff ect thereof, nor under any duress, undue influence, or misrepresentation by the �
<br /> grantee or the agent or attorney of the grantee in said deed, and that it �as the intention of I
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<br /> "� these deponents as grantors in said deed to convey and by said deed these deponents did convey to �
<br /> ' the grantee therein all their right, title, and interest absolutely in and to the remi ��
<br /> P ses des- i�
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