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Ria
<br />STATE of Nebraska)
<br />S.S.
<br />COUNTY of Merrick)
<br />Midwest Builders, Inc., being duly sworn, deposes and says:
<br />2012095'70
<br />Deed In Lieu of Foreclosure Affidavit and Estoppel Certificate
<br />That undersigned grantor(s) (collectively "Grantor") made, executed, and delivered that certain deed
<br />(the "Deed ") to Archer Cooperative Credit Union, ( "Grantee ") dated the 1st day of November , 2012,
<br />conveying the following described property, known as Land more particularly described as follows:
<br />All of Block 5, Ponderosa Lake Estates Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska
<br />(the "Premises ").
<br />That the undersigned makes this Affidavit for and on behalf of the Grantor.
<br />That the Deed is intended to be and is an absolute conveyance of the title to the Premises to the
<br />Grantee, and it was not and is not intended as a mortgage, trust conveyance, or security device of
<br />any kind; that it is the intention of the Grantor that the Deed unconditionally and absolutely convey to
<br />the Grantee all of the Grantor's right, title, and interest in and to the Premises; that the Grantor has
<br />no right, option or obligation to redeem the Premises or to acquire, reacquire or repurchase any
<br />portion of the Premises or any rights or interests with respect thereto.
<br />That Grantor has vacated the Premises, and possession of the Premises has been surrendered to
<br />the Grantee.
<br />That there are no other agreements, written or otherwise, between the Grantor and Grantee, relating
<br />to the Premises or the Deed, other than a Loan Modification Agreement dated November 1, 2012.
<br />That the Deed was not given as a fraudulent transfer or preference against any other creditors of the
<br />Grantor; that at the time it was given, there was no other persons or entities, other than the Grantee,
<br />interested, either directly or indirectly in the Premises; that the Grantor is solvent and has no other
<br />creditors whose rights would be prejudiced by such conveyance, and that the Grantor is not
<br />obligated upon any debt or other mortgage whereby any lien has been created or exists against the
<br />Premises, except as set forth on the current title commitment for the Premises.
<br />That in the execution and delivery of the Deed the Grantor fully understands the effects thereof, and
<br />acted freely and voluntarily, and was not acting under coercion, duress or undue influence.
<br />That the consideration for the Deed was and is the full and unconditional release and cancellation of
<br />all debts, liabilities, obligations, costs, and charges owed by the undersigned, and all guarantors, if
<br />any, and secured by that certain mortgage encumbering the Premises, executed by Joel B. Shafer,
<br />President of Midwest Builders, Inc. a Nebraska Corporation to Archer Cooperative Credit Union ,
<br />dated the 21st day of March, 2011, recorded on March 22, 2011, as instrument No. 0201102254 in
<br />the Office of the Hall County Register of Deeds, Hall County, Nebraska (collectively, the "Mortgage ")
<br />and the release of record of the Mortgage; and that at the time of the making the Deed, the
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