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<br />83-...001751'; <br /> <br />ESTOPPEL AFFIDAVIT <br /> <br />r <br /> <br />STATE OF NEBRASKA <br /> <br />ss, <br /> <br />COUNTY OF HALL <br /> <br />Jim D, Schmidt and Christine A, Schmidt, husband and wife, Grantors, being first <br />duly sworn, jointly and severally, depose and say: <br /> <br />That they are the identical parties who executed and delivered that certain Deed <br />to The Equitable Building and Loan Association of Grand Island, Nebraska, Grantee, dated <br />the 11 day of March ,1983, conveying the following-described property, <br />to-w1:t': <br /> <br />Lots Four (4), and Five (5), Block Two (2), in <br />Clarkson's First Addition to AIda, Hall County, <br />Nebraska, <br /> <br />That the aforesaid Deed was an absolute conveyance of the title to said premises <br />to the Grantee named therein in effect, as well as in fonn, and was not and is not <br />now intended as a mortgage, trust conveyance, or security of any kind; and that <br />possession of said premises has been surrendered to the said Grantee; that the <br />consideration in the aforesaid Deed was and is the release of personal liability <br />in the sum of $22,o64.45as of April 1, 1983 ,receipt for which is hereby <br />acknowledged, existing under and by virtue of the tenns of a certain Note executed <br />by them, dated the 5th day of May, 1976; and the release of personal liability in <br />the sum of $11,419,78 receipt for which is hereby acknowledged, existing under <br />and by virtue of the tenns of a certain Note executed by them, dated the 3rd day <br />June, 1981. <br /> <br />That the aforesaid Deed conveyance was made by them as the result of their request <br />that the Grantee accept such Deed and was their free and voluntary act; that at <br />the time of making said Deed they felt and still feel that the indebtedness above <br />mentioned representing principal, interest and advances under the tenns of the <br />Note above referenced, represented a fair value of the property so deeded; that <br />said Deed was not given as a preference against any of other creditors; that at <br />the time it was given there was no other person or persons, finns, or corporations, <br />other than the Grantee therein named, interested, either directly or indirectly, <br />in said premises; that they are solvent and have no other creditors whose rights <br />would be prejudiced by such conveyance, and that they are not obligated upon any <br />bond or other mortgage whereby any lien has been created or exists against the <br />premises described in said Deed; and that in offering to execute the aforesaid <br />Deed to the Grantee therein, and in executing same, they were not acting under <br />any misapprehension as to the effect thereof, nor under any duress, undue influ- <br />ence, or misrepresentation by the Grantee or the agent or attorney of the Grantee <br />in said Deed, and that it was their intention as Grantors in said Deed to convey <br />and by said Deed did convey to the Grantee therein all their right, title and in- <br />terest absolutely in and to the premises in said Deed, <br /> <br />This Affidavit is made for the protection and benefit of the aforesaid Grantee in <br />said Deed, its successors and assigns, and all other parties hereafter dealing with <br />or who may acquire an interest in the property described therein, and shall bind <br />the heirs, executors, administrators and assigns of the undersigned. <br /> <br />n ~,/ d <br />.".-- U~im ff fc:hn~dt{;7ij, <br /> <br />~Z~"')~ \\~~""~ ') ~~" <br />Christine A, Schmidt - <br /> <br />STATE OF NEBRASKA <br /> <br />ss. <br /> <br />COUNTY OF HALL <br /> <br />On thi~ iL~y of 4LA.--<:-E ,1983, before me, a Notary Public, in and <br />for sald County and State, personally appeared Jim D. Schmidt and Christine A. <br />Schmidt, husband and wife, to me known to be the persons named in and who executed <br />the foregoing instnment, and acknowledged tI~~.tA,hey:nuted the Rame as their <br />voluntary act and deed. /, "// // /" ,'; <br />______ (....-- // "' .-" ~ / ./.. / f/ ,.I" ... <br />./ ,(. / ~/ // 1/ ' <br />~~AI!IAl. ~ c./ , ~~t::'~-::~' <br />IUIAf,. Notary Pub Ie <br /> <br />""~on //:.--2'/. J-:{. <br /> <br />........27,1_ <br />