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<:. .. 20090173? 5. That the aforesaid Special Warranty Deed was not given as a preference against any other creditors of Woodward Construction; that at the time it was given there was no other person or persons, firms or corporations, other than the Grantee therein named, interested, either directly or indirectly, in said premises; that Woodward Construction has no other creditors whose rights would be prejudiced by such conveyance, and that Woodward Construction is not obligated upon any bond or other mortgage whereby any lien has been created or exists against the premises described in said Special Warranty Deed. 6. That the consideration for said deed was the partial cancellation of debts, obligations, costs and charges evidenced by a Promissory Note dated September 20,2004 in the original principal amount of Two Hundred Fifteen Thousand and Noll 00 Dollars ($215,000.00) which was secured by a Deed of Trust filed of record on September 20,2004 as Instrument No. 200409291 in the office of the Register of Deeds of Hall County, Nebraska; a Promissory Note dated September 30,2005 in the original principal amount of Two Hundred Thirty Thousand ($230,000.00) which was secured by a Deed of Trust filed of record on September 30, 2005 as Instrument No. 200509757 in the office of the Register of Deeds of Hall County, Nebraska; a Promissory Note Dated AprilS, 2006 in the original principal amount of Thirty-Five Thousand Three Hundred Thirteen and 841100 Dollars ($35,313.84) which was secured by a Deed of Trust filed of record on April 6, 2006 as Instrument No. 200603015 in the office of the Register of Deeds of Hall County, Nebraska; a Promissory Note dated April 5, 2006 in the original principal amount of Thirty-Nine Thousand Eight Hundred Twenty-Two and 591100 Dollars ($39,822.59) which was secured by a Deed of Trust filed of record on April 6, 2006 as Instrument No. 200603013 in the office of the Register of Deeds of Hall County, Nebraska; and a Promissory Note dated April 5,2006 in the original principal amount of Thirty-Five Thousand One Hundred Seventy-Four and 881100 Dollars ($35,174.88) which was secured by a Deed of Trust filed of record on April 6, 2006 as Instrument No. 200603,J 7 in the office of the Register of Deeds of Hall County, Nebraska and such cancellations of Rcord by said Grantee-Beneficiary were made upon conveyance by Woodward Construction pursuant to a past and present belief that the aforesaid consideration therefore represents the fair value of the property so deeded. 7. This Affidavit is made for the protection and benefit of the Grantee in said Special Warranty Deed, its successors and assigns and all other parties hereafter dealing with or who may acquire an interest in the property herein described. 8. That Affiant will testify, declare, depose or certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth. FURTHER AFFIANT SAITH NOT. Subscribed in my presence and sworn to before me this L day of /t1 ~ 2009, by Kevin V. Woodward. ~ ~.' G GEENERAl NOTARY - State of Nebraska ~ ~ ..~ -*.:b GALEN E. STEHLIK . .... ~~ @c .'... My Comm. Exp. 1,2 10 bkl'fary PublIc My commission expires: , () 2.251/228837v2