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<br />--------... ESTOPPEL AFFIDAVIT
<br /> STATE OF NG' 8R/f{tA )
<br /> HALl- ) SS. /0
<br /> COUNTY OF ) --:50
<br />
<br />Jerry Alberts and Geraldine K. Alberts, being first duly and separately sworn,
<br />depose and state:
<br />
<br />THAT they did execute and deliver a certain Deed of Trust the consideration for
<br />which was money loaned to them by Gary E. Shovlain. Said Deed of Trust was recorded
<br />as Instrument No. 200401100 in the Office of the Register of Deeds of Hall County,
<br />Nebraska, encumbering the following described real estate, to-wit:
<br />
<br />Lot Two (2), Shovlain Second Subdivision in the City of Grand Island, Hall County,
<br />Nebraska, EXCEPT a tract of land more particularly described in Deed recorded
<br />as Document No. 200007315.
<br />
<br />THAT they have defaulted in the payments due on the Promissory Note associated
<br />with said Deed of Trust, upon which the amount of $146,583.72, plus $119.75 in sale
<br />expenses and $523.00 in attorney fees, is due and outstanding as of June 1, 2006, and
<br />they are unable to meet the obligations of said Promissory Note according to the terms
<br />thereof;
<br />
<br />THAT they are the same parties who made, executed, and delivered a certain
<br />Warranty Deed to Gary E. Shovlain, as Grantee, dated June l, 2006, conveying the
<br />above-described property; that the aforesaid Warranty Deed was an absolute conveyance
<br />of all their right, title, and interest in and to said real estate, and a release of dower and
<br />homestead rights in and to said real estate and also a conveyance, transfer, and
<br />assignment of their right of possession, rental, and equity of redemption in and to said
<br />premises; and in consideration of the premises hereof and in consideration of such
<br />conveyance, they have received full and complete release of liability on said Deed of Trust
<br />filed as No. 200401100.
<br />
<br />THAT they hereby represent that they have not requested any materials delivered
<br />or services rendered on the above-described premises which would be the subject for a
<br />Mechanic's Lien or Construction Lien against said premises.
<br />
<br />THAT they gave said Warranty Deed voluntarily and in good faith, without any
<br />fraud, misrepresentations, duress, undue influence, or misunderstanding on their part, and
<br />said Warranty Deed was not given as a preference against any other creditor of theirs; that
<br />said Warranty Deed, as conveyance, shall merge the entire fee simple title to the above
<br />referenced property, 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
<br />unconditional sale with full extinguishment of their equity of redemption, and with full
<br />release of all their right, title, and interest of every character in and to said property.
<br />
<br />THAT this Affidavit has been made for the protection and benefit of the Grantee in
<br />said Warranty Deed, its successors and assigns, and all other parties hereafter dealing
<br />with, or who may acquire an interest in the property described herein, and shall bind the
<br />respective heirs, executors, administrators, and assigns of the deponent.
<br />
<br />THAT Affiants will testify, declare, depose or certify before any competent tribunal,
<br />
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