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<br /> ESTOPPEL AFFIDAVIT /
<br /> CJ J.
<br /> STATE OF NEBRASKA) `�
<br /> ) ss .
<br /> COUNTY OF HALL )
<br /> TIMOTHY A. KOLAR and LORI ANN KOLAR, Husband and Wife,
<br /> DEPONENTS, being first duly sworn, depose and state as follows :
<br /> l . That they are the identical parties who made, executed and
<br /> delivered a Deed in Lieu of Foreclosu�- to FIVE POIN�S BANK, its
<br /> successors and assigns dated the � day of ./�� ,
<br /> 1999, conveying the following described property, to-wi :
<br /> Lot Two (2) , Billy Poe Subdivision, Hall County, Nebraska.
<br /> 2 . That the above-described Deed is an absolute conveyance of
<br /> the title to said premises to the GRANTEE named therein, in effect
<br /> as well as in form, and is not now intended as a mortgage, trust
<br /> conveyance, or security of any kind, and that possession of said
<br /> premises has been surrendered to said GkANTEE; that the
<br /> consideration for the aforesaid Deed is the cancellation of
<br /> indebtedness of Forty Thousand Dollars ($40 , 000 . 00) arising by
<br /> virtue of Promissory Notes executed by the GRANTORS to FIVE POINTS
<br /> BANK.
<br /> 3 . That the aforesaid Deed and conveyance was made by the
<br /> DEPONENTS as a result of their reque�t that FIVE POINTS BANK accept
<br /> such Deed in extinguishment of Forty Thousand Dollars ($40 , 000 . 00)
<br /> of debt; that the execution of said Deed was the undersigneds' free
<br /> and voluntary act; that at the time of making such Deed, the
<br /> DEPONENTS believed and still believe that the discharge of Forty
<br /> Thousand Dollars ($40, 000 . 00) of indebtedness to GRANTOR was a
<br /> fair value of the property so deeded; that said Deed was not given
<br /> as a preference against any other creditors of the DEPONENTS; that
<br /> at the time it was given there was no other firm, person, or
<br /> corporation interested either directly or indirectly in said
<br /> premises; that the DEPONENTS are solvent and have no other
<br /> creditors whose rights would be prejudiced by such conveyance, and
<br /> DEPONENTS are not obligated under any bond or mortgage whereby any
<br /> lien has been created or exists against the premises described in
<br /> said Deed, and that DEPONENTS are offering to execute the aforesaid
<br /> Deed to the GRANTEE therein and in executing the same, are not
<br /> acting under any duress, undue influence, misapprehension, or
<br /> misrepresentation by FIVE POINTS BANK, the GRANTEE in said Deed, or
<br /> the agent, or attorney, or any other representative of FIVE POINTS
<br /> BANK, and that it was the intention of DEPONENTS as GRANTORS in
<br /> said Deed to convey and by said Deed DEPONENTS did convey to the
<br /> GRANTEE therein all of their right, title, and interest absoiutely
<br /> in and to the premises described in said Deed.
<br /> 4 . That the aforesaid Deed and conveyance made by DEPONENTS
<br /> is executed and delivered with the express understanding that its
<br /> receipt by the GRANTEE does not constitute legal delivery and shall
<br /> be of no binding force and effect whatsoever until such time as the
<br /> said Deed and the Release, Satisfaction, or Cancellation of the
<br /> Lien are filed for record in the Office of the Register of Deeds of
<br /> Hall County, Nebraska, at which time the full legal and equitable
<br /> title to the above-described premises shall vest in the GRANTEE,
<br />
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