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c) r-3 Return to: Kevin P. Walsh 104 N. Wheeler Avenue tr Grand Island NE 68801 CORRECTIVE AFFIDAVIT OF INDIVIDUAL GIVING DEED IN LIEU OF FORECLOSURE STATE OF NEBRASKA ) ) ss: COUNTY OF HALL ) PRESTON FOSTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF KERRY K. FOSTER, DECEASED, being first duly sworn, deposes and says: 1. That he is the Personal Representative of the Estate of Kerry K. Foster, Deceased, the identical party who made, executed and delivered that certain Corrective Special Warranty Deed to Five Points Bank, conveying the following -described property, to -wit: THE EAST SIXTY FEET (60') OF LOTS FOUR (4) AND FIVE (5) IN BLOCK FORTY THREE (43) IN PACKER AND BARR'S SECOND ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND THE COMPLEMENT TO LOT FOUR (4) BEING A TRACT OF LAND 8.9 FEET WIDE AND RUNNING ALONG AND ADJACENT AND CONTIGUOUS TO THE SOUTH SIDE OF THE EAST SIXTY (60) FEET OF LOT FOUR (4) AFORESAID AND PLATTED AS PART OF PACKER AND BARR'S ANNEX, ALL LOCATED IN THE SOUTHWEST QUARTER (S/W1/4) OF THE SOUTHEAST QUARTER (S/E1/4) OF SECTION SEVENTEEN (17), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE SIXTH (6) P.M., HALL COUNTY, NEBRASKA; 2. That the aforesaid deed was intended to be and was an absolute conveyance of the title to said premises to the Grantee named therein, and was not, and is not now, intended as a mortgage, trust conveyance, or security of any kind; that it was the intention of Affiant as Grantor in said deed to convey, and by said deed the Affiant did convey to the Grantee therein all of his right, title and interest absolutely in and to said premises; that possession of said premises has been surrendered to the Grantee. 3. That in the execution and delivery of said deed, Affiant was not acting under any misrepresentation as to the effect thereof, and acted freely and voluntarily and was not acting under coercion or duress. 4. That the aforesaid deed was not given as a preference against any other creditors of the Affiant; that at the time it was given there was no other person or persons, firms or corporations, other than the Grantee therein named, interested, either directly or indirectly, in said premises; that the Affiant has no other creditors whose rights would be prejudiced by such conveyance, and that Affiant is not obligated upon any bond or other mortgage whereby any lien has been created or exists against the premises described in said deed. 5. That the consideration for said deed was the full cancellation of any and all debts, obligations, costs and charges described in the Deeds of Trust filed of record in the office of the County Clerk of Hall County, Nebraska, on January 18, 2000 at Instrument No. 200000488, on 1 I Lo ON IN]WlsiSNI SV 03U31N3