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ESTOPPEL AFFIDAVIT 200400-414
<br />STATE OF NEBRASKA )
<br />) SS.
<br />COUNTY OF )
<br />David G. Dubbs and Patricia A. Dubbs, being first duly and separately sworn, depose and state:
<br />THAT they did execute and deliver certain Deeds of Trust the consideration for which was
<br />money loaned to them by the State Bank of Cairo. Said Deeds of Trust were recorded as Instruments
<br />No. 92- 102220; 94- 102195; and 98- 109799 in the Office of the Register of Deeds of Hall County,
<br />Nebraska, encumbering the following described real estate, to -wit:
<br />The South Half of the Southwest Quarter (S1 /2SW1 /4) of Section One (1), Township
<br />Eleven (1 1) North, Range Twelve (12), West of the 6th P.M., Hall County, Nebraska.
<br />THAT the parties have defaulted in the payments due on the Promissory Notes associated with
<br />said Deeds of Trust, upon which the amount of $249,777.16 is due and outstanding as of December
<br />24, 2003, and they are unable to meet the obligations of said Promissory Notes according to the terms
<br />thereof;
<br />THAT they are the same parties who made, executed, and delivered a certain Warranty Deed
<br />to The State Bank of Cairo, its successors and assigns, as Grantee, dated .T N , 200y,
<br />conveying the above - described property; that the aforesaid Warranty Deed was an absolutg conveyance
<br />of all their right, title, and interest in and to said real estate, excepting therefrom Lot One (1), Dubbs
<br />Second Subdivision, together with all buildings thereon and appurtenances thereto belonging and
<br />appertaining, and a release of dower and homestead rights in and to said real estate and also a
<br />conveyance, transfer, and assignment of their right of possession, rental, and equity of redemption in
<br />and to said premises; that the value of said real estate is not in excess of the amount of said
<br />indebtedness outstanding, and in consideration of the premises hereof and in consideration of such
<br />conveyance, they have received the sum of One Dollar, as full and complete release of liability on said
<br />Deeds of Trust filed as No. 92- 102220, No. 94- 102195 and No. 98- 109799.
<br />THAT they hereby represent that they have not requested any materials delivered or services
<br />rendered on the above - described premises which would be the subject for a Mechanic's Lien or
<br />Construction Lien against said premises.
<br />THAT they gave said Warranty Deed voluntarily and in good faith, without any fraud,
<br />misrepresentations, duress, undue influence, or misunderstanding on their part, and said Warranty Deed
<br />was not given as a preference against any other creditor of theirs; that said Warranty Deed, as
<br />conveyance, shall merge the entire fee simple title to the above referenced property, excepting Lot One
<br />(1), Dubbs Second Subdivision, unencumbered in the Grantee, and the conveyance by said Warranty
<br />Deed shall be and is hereby intended and understood to be an absolute conveyance and unconditional
<br />sale with full extinguishment of their equity of redemption, and with full release of all their right, title,
<br />and interest of every character in and to said property.
<br />THAT this Affidavit has been made for the protection and benefit of their Grantee in said
<br />Warranty Deed, its successors and assigns, and all other parties hereafter dealing with, or who may
<br />acquire an interest in the property described herein, and shall bind the respective heirs, executors,
<br />administrators, and assigns of the deponents.
<br />THAT Affiants will testify, declare, depose or certify before any competent tribunal, officer, or
<br />person in any case now pending or which may hereafter be instituted, to the trust of the particular facts
<br />herein set forth.
<br />David G. Dubbs Patricia A. Dubbs
<br />Subscribed and sworn to before me this day of , 200
<br />b
<br />GENERAL NOTARY -State of Nebraska
<br />"� VICKI L. GEWECKE CX/
<br />1�� My Comm. Exp. Jan. 24, 2005 Notary Public
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