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Deed In Lieu of Foreclosure Affidavit and Estoppel Certificate <br />STATE of Nebraska) <br />S.S. <br />COUNTY of Merrick) <br />Shafer Properties, LLC, being duly sworn, deposes and says: <br />201209611 <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 />Lots 16 and 17, Santa Anita Estates Subdivision, in the City of Grand Island, Hall County, 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 />Managing Member of Shafer Properties, LLC a Nebraska Limited Liability Company to Archer <br />Cooperative Credit Union , dated the 28th day of March, 2008, recorded on April 1, 2008, as <br />instrument No. 0200802716 in the Office of the Hall County Register of Deeds, Hall County, <br />Nebraska (collectively, the "Mortgage ") and the release of record of the Mortgage; and that at the <br />