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Q�J <br />N <br />p <br />r <br />:f ON T All 7A <br />ESTOPPEL AFFIDAVIT <br />STATE OF NOMNZM ) <br />ice.... ) ss. <br />COUNTY OF FLATHEAD ) <br />C1 <br />n <br />rn <br />c <br />n <br />i <br />� <br />C!1 <br />ESTOPPEL AFFIDAVIT <br />STATE OF NOMNZM ) <br />ice.... ) ss. <br />COUNTY OF FLATHEAD ) <br />A0 -.50 <br />WILLIAM D. NEATER and E. LEE NEATER, being first duly sworn, <br />depose and state as follows: <br />1. That they are the identical persogs who made, executed <br />and delivered a certain Deed of Trust to MARK FOREMAN and LOA <br />FOREMAN, TRUSTEES OF THE FOREMAN TRUST, as Beneficiary, dated <br />October 30, 1998, and recorded on November 9, 1998, as Document No. <br />98- 111002, in the office of the Register of Deeds, Hall County, <br />Nebraska, involving the following described property, to -wit: <br />The Northwest Quarter of the Northwest Quarter (NW1 /4 <br />NW1 /4) and Lots One (1) and Two (2), lying South of <br />Interstate Highway 80, All in Section Nine (9), Township <br />Nine (9) North, Range Eleven (11) West of the 6th P.M., <br />Hall County, Nebraska, excepting a certain tract deeded <br />to the State of Nebraska recorded in Book 136, Page 541; <br />excepting a certain tract deeded to the State of Nebraska <br />recorded in Book 137, Page 317; excepting a certain tract <br />deeded to Larry D. Woitaszewski recorded as Document No. <br />88- 106922. <br />2. That the undersigned are further the <br />who executed and delivered to MARK FOREMAN <br />TRUSTEES OF THE FOREMAN TRUST, a Deed in Lieu of <br />the 15 day of December 2004, <br />described real estate to MARK FOREMAN and <br />THE FOREMAN TRUST, in lieu of foreclosure <br />identical parties <br />and LOA FOREMAN, <br />Foreclosure dated <br />conveying said above <br />LOA FOREMAN, TRUSTEES OF <br />3. That the aforesaid Deed in Lieu of Foreclosure is an <br />absolute conveyance of the title to said premises to the Grantees <br />named therein, in effect as well as in form, and is not now <br />intended as a mortgage, trust conveyance, or security of any kind, <br />and that possession of said premises has been surrendered to said <br />Grantees; that the consideration for the aforesaid Deed is the full <br />cancellation of the debt, obligation and claims arising by virtue <br />of the Deed of Trust executed by the undersigned and recorded on <br />November 9, 1998, as Document No. 98- 111002, in the office of the <br />Register of Deeds, Hall County, Nebraska, and the cancellation of <br />record of the indebtedness arising by virtue of said Deed of Trust. <br />4. That the aforesaid Deed in Lieu of Foreclosure and <br />conveyance was made by the undersigned Affiants as a result of <br />their request that MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE <br />FOREMAN TRUST, accept such Deed in extinguishment of their debt and <br />was their free and voluntary act; that at the time of making said <br />Deed, the undersigned Affiants believed and still believe that the <br />Deed of Trust indebtedness above mentioned represented a fair value <br />of the property so deeded; that said Deed was not given as a <br />preference against any other creditors of the undersigned Affiants; <br />that at the time it was given, there was no other firm, person, or <br />corporation interested, either directly or indirectly, in said <br />premises other than MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE <br />FOREMAN TRUST, by virtue of their Deed of Trust dated October 30, <br />1998 and recorded on November 9, 1998, as Document No. 98- 111002, <br />in the office of the Register of Deeds, Hall County, Nebraska; that <br />the undersigned Affiants are solvent and have no other creditors <br />,. <br />�. <br />o <br />C) <br />F� <br />T <br />( -1 <br />D Cr <br />o <br />cn <br />m <br />° <br />c <br />N <br />CD <br />cn <br />F-' <br />CD <br />c-n <br />A0 -.50 <br />WILLIAM D. NEATER and E. LEE NEATER, being first duly sworn, <br />depose and state as follows: <br />1. That they are the identical persogs who made, executed <br />and delivered a certain Deed of Trust to MARK FOREMAN and LOA <br />FOREMAN, TRUSTEES OF THE FOREMAN TRUST, as Beneficiary, dated <br />October 30, 1998, and recorded on November 9, 1998, as Document No. <br />98- 111002, in the office of the Register of Deeds, Hall County, <br />Nebraska, involving the following described property, to -wit: <br />The Northwest Quarter of the Northwest Quarter (NW1 /4 <br />NW1 /4) and Lots One (1) and Two (2), lying South of <br />Interstate Highway 80, All in Section Nine (9), Township <br />Nine (9) North, Range Eleven (11) West of the 6th P.M., <br />Hall County, Nebraska, excepting a certain tract deeded <br />to the State of Nebraska recorded in Book 136, Page 541; <br />excepting a certain tract deeded to the State of Nebraska <br />recorded in Book 137, Page 317; excepting a certain tract <br />deeded to Larry D. Woitaszewski recorded as Document No. <br />88- 106922. <br />2. That the undersigned are further the <br />who executed and delivered to MARK FOREMAN <br />TRUSTEES OF THE FOREMAN TRUST, a Deed in Lieu of <br />the 15 day of December 2004, <br />described real estate to MARK FOREMAN and <br />THE FOREMAN TRUST, in lieu of foreclosure <br />identical parties <br />and LOA FOREMAN, <br />Foreclosure dated <br />conveying said above <br />LOA FOREMAN, TRUSTEES OF <br />3. That the aforesaid Deed in Lieu of Foreclosure is an <br />absolute conveyance of the title to said premises to the Grantees <br />named therein, in effect as well as in form, and is not now <br />intended as a mortgage, trust conveyance, or security of any kind, <br />and that possession of said premises has been surrendered to said <br />Grantees; that the consideration for the aforesaid Deed is the full <br />cancellation of the debt, obligation and claims arising by virtue <br />of the Deed of Trust executed by the undersigned and recorded on <br />November 9, 1998, as Document No. 98- 111002, in the office of the <br />Register of Deeds, Hall County, Nebraska, and the cancellation of <br />record of the indebtedness arising by virtue of said Deed of Trust. <br />4. That the aforesaid Deed in Lieu of Foreclosure and <br />conveyance was made by the undersigned Affiants as a result of <br />their request that MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE <br />FOREMAN TRUST, accept such Deed in extinguishment of their debt and <br />was their free and voluntary act; that at the time of making said <br />Deed, the undersigned Affiants believed and still believe that the <br />Deed of Trust indebtedness above mentioned represented a fair value <br />of the property so deeded; that said Deed was not given as a <br />preference against any other creditors of the undersigned Affiants; <br />that at the time it was given, there was no other firm, person, or <br />corporation interested, either directly or indirectly, in said <br />premises other than MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE <br />FOREMAN TRUST, by virtue of their Deed of Trust dated October 30, <br />1998 and recorded on November 9, 1998, as Document No. 98- 111002, <br />in the office of the Register of Deeds, Hall County, Nebraska; that <br />the undersigned Affiants are solvent and have no other creditors <br />