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Y, <br />a <br />Thomas E. Evans and Sylvia S. Evans, husband and wife, being first duly and <br />separately sworn each for himself and herself, deposes and says: <br />That they are the same parties who made, executed and delivered a ce ain deed to <br />the Secretary of Veteran's Affairs, as Grantee, dated October /9 , 2000, <br />conveying the following described property, to wit: <br />The North One -Half (N1 /2) of Lots One (1) and Two (2), Block <br />Sixty Eight (68), Wheeler and Bennett's Second Addition to the <br />City of Grand Island, Hall County, Nebraska. <br />That the aforesaid deed was an absolute conveyance of the title to said premises <br />of the grantee named therein in effect as well as in form, and was not and is not now <br />intended as a deed of trust, trust conveyance, or security of any kind, and that possession <br />of said premises has been surrendered to the said grantee; that the consideration in the <br />aforesaid deed was and is payment p deponents of the sum of $1.00 and other valuable <br />consideration by the grantee named therein, receipt for which is hereby acknowledged, <br />together with the full cancellation of all debts, obligations, costs and charges heretofore <br />existing under and by virtue of the terms of a certain Deed of Trust heretofore existing on <br />the property therein and hereinbefore described, executed by Thomas E. Evans and <br />Sylvia S. Evans, husband and wife, as Trustors, dated May 26, 1994, and filed as <br />Instrument No. 94- 104500, of the records of the Register of Deeds of Hall County, State <br />of Nebraska; and the cancellation of record by said grantee of said Deed of Trust, and the <br />delivery of this affiant of the Note or other evidence of debt secured by said Deed of <br />Trust, duly canceled, receipt of which said canceled Note is hereby acknowledged. <br />That the aforesaid deed and conveyance was made by these deponents as the <br />result of their request that the Grantee accept such deed and was their free and voluntary <br />act; that at the time of making said deed these deponents felt and still feel that the Deed <br />of Trust indebtedness above mentioned represented a fair value of the property so <br />deeded; that said deed was not given as a preference against any other creditors of the <br />deponents or either of them, that at the time it was given there was no other person or <br />persons, firms or corporations, other than the grantee therein named interested, either <br />directly or indirectly, in said premises; that these deponents are solvent and have no other <br />creditors whose rights would be prejudiced by such conveyance, and that deponents are <br />not obligated upon any bond or other mortgage whereby any lien has been created or <br />exists against the premises described in said deed; and that deponents in offering to <br />execute the aforesaid deed to the Grantee therein, and in executing same, were not acting <br />under any misapprehension as to the effect thereof nor an-,.7 duress, rmdue influence or <br />misrepresentation 'ay the grantee or the agent or attorney of the Grantee in said deed, and <br />that it was the intention of these deponents as Grantors in said deed to convey and by said <br />deed these deponents did convey to the grantee therein all their right, title, and interest <br />absolutely in and to the premises described in said deed. <br />This affidavit is made for the protection and benefit of the aforesaid grantee in <br />said deed, his successors and assigns, and all other parties hereafter dealing with or who <br />may acquire an interest in the property described there, and particularly for the benefit of <br />the Secretary of Veteran's Affairs, an Officer of the United State of America, which is <br />about to insure the title of said property in reliance thereon, and shall bind the respective <br />heirs, executors, administrators and assigns of the undersigned. <br />T <br />= D <br />M = <br />Z <br />ci T cn <br />`" <br />C7 O __4 <br />Q <br />T <br />cD <br />--4 -< m <br />° <br />CL <br />R <br />O <br />rn o <br />c' Q ry c� '*i <br />o `*1 <br />° <br />N <br />—3 Z <br />O <br />n <br />° "�i - fl a w <br />° <br />� <br />�- <br />M rr <br />cc) <br />Cn <br />' W <br />W <br />CD <br />- [SPACE ABOVE THIS LINE FOR RECORDING DATATQ ----- <br />°' <br />v <br />ESTOPPEL AFFIDAVIT <br />200009336 <br />STATE OF ) <br />S <br />/ <br />/ <br />COUNTY OF ) <br />°d <br />Thomas E. Evans and Sylvia S. Evans, husband and wife, being first duly and <br />separately sworn each for himself and herself, deposes and says: <br />That they are the same parties who made, executed and delivered a ce ain deed to <br />the Secretary of Veteran's Affairs, as Grantee, dated October /9 , 2000, <br />conveying the following described property, to wit: <br />The North One -Half (N1 /2) of Lots One (1) and Two (2), Block <br />Sixty Eight (68), Wheeler and Bennett's Second Addition to the <br />City of Grand Island, Hall County, Nebraska. <br />That the aforesaid deed was an absolute conveyance of the title to said premises <br />of the grantee named therein in effect as well as in form, and was not and is not now <br />intended as a deed of trust, trust conveyance, or security of any kind, and that possession <br />of said premises has been surrendered to the said grantee; that the consideration in the <br />aforesaid deed was and is payment p deponents of the sum of $1.00 and other valuable <br />consideration by the grantee named therein, receipt for which is hereby acknowledged, <br />together with the full cancellation of all debts, obligations, costs and charges heretofore <br />existing under and by virtue of the terms of a certain Deed of Trust heretofore existing on <br />the property therein and hereinbefore described, executed by Thomas E. Evans and <br />Sylvia S. Evans, husband and wife, as Trustors, dated May 26, 1994, and filed as <br />Instrument No. 94- 104500, of the records of the Register of Deeds of Hall County, State <br />of Nebraska; and the cancellation of record by said grantee of said Deed of Trust, and the <br />delivery of this affiant of the Note or other evidence of debt secured by said Deed of <br />Trust, duly canceled, receipt of which said canceled Note is hereby acknowledged. <br />That the aforesaid deed and conveyance was made by these deponents as the <br />result of their request that the Grantee accept such deed and was their free and voluntary <br />act; that at the time of making said deed these deponents felt and still feel that the Deed <br />of Trust indebtedness above mentioned represented a fair value of the property so <br />deeded; that said deed was not given as a preference against any other creditors of the <br />deponents or either of them, that at the time it was given there was no other person or <br />persons, firms or corporations, other than the grantee therein named interested, either <br />directly or indirectly, in said premises; that these deponents are solvent and have no other <br />creditors whose rights would be prejudiced by such conveyance, and that deponents are <br />not obligated upon any bond or other mortgage whereby any lien has been created or <br />exists against the premises described in said deed; and that deponents in offering to <br />execute the aforesaid deed to the Grantee therein, and in executing same, were not acting <br />under any misapprehension as to the effect thereof nor an-,.7 duress, rmdue influence or <br />misrepresentation 'ay the grantee or the agent or attorney of the Grantee in said deed, and <br />that it was the intention of these deponents as Grantors in said deed to convey and by said <br />deed these deponents did convey to the grantee therein all their right, title, and interest <br />absolutely in and to the premises described in said deed. <br />This affidavit is made for the protection and benefit of the aforesaid grantee in <br />said deed, his successors and assigns, and all other parties hereafter dealing with or who <br />may acquire an interest in the property described there, and particularly for the benefit of <br />the Secretary of Veteran's Affairs, an Officer of the United State of America, which is <br />about to insure the title of said property in reliance thereon, and shall bind the respective <br />heirs, executors, administrators and assigns of the undersigned. <br />