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200500241 whose rights would be prejudiced by the conveyance in lieu of foreclosure, and the undersigned Affiants are not obligated under any bond or mortgage not identified herein whereby any lien has been created or exists against the premises described in said Deed, and that the undersigned Affiants are offering to execute the aforesaid Deed in Lieu of Foreclosure to the Grantees therein and in executing the same, are not acting under any duress, undue influence, misapprehension, or any misrepresentation by MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE FOREMAN TRUST, the Grantee in said Deed, or the agent, or attorney, or any other representative of MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE FOREMAN TRUST, and it is the intention of the undersigned Affiants that the Deed in Lieu of Foreclosure conveyed to the Grantees therein all of Affiants' right, title and interest absolutely in and to the premises described in said Deed. 5. That the aforesaid Deed and conveyance made by the undersigned Affiants is executed and delivered with the express understanding that its receipt by the Grantees does not constitute legal delivery and shall be of no binding force and effect whatsoever until such time as said Deed and the release, satisfaction or cancellation of the lien are filed for record in the office of the Register of Deeds, Hall County, Nebraska, at which time the full legal and equitable title to the above described premises shall vest in the Grantees, but it is the intention of the parties, supported by representations and warranties of the undersigned Affiants, that the Grantees shall take unencumbered title and therefore the vesting of title shall not operate to affect such a merger of interest as to extinguish the Deed of Trust if such extinguishment might serve to promote the priority of any subordinate interest that may be outstanding at the time of such vesting of title. 6. That to the information and belief of the undersigned Affiants, there are no unpaid bills for improvements to the above described real estate for fixtures, materials, labor or services that could give rise to a claim of a construction lien being filed against the above described premises, and that in the event of any filing of a construction lien against the above described premises, the undersigned Affiants agree to indemnify and hold harmless the Grantees. 7. This Affidavit is made for the protection and benefit of MARK FOREMAN and LOA FOREMAN, TRUSTEES OF THE FOREMAN TRUST, their heirs, devisees, personal representatives, successors and assigns, and all other parties hereafter dealing with or who may acquire any interest in the property described in the aforesaid Deed, and shall bind the respective heirs, executors, administrators, and assigns of the undersigned. WORKER Frl�.Z..Q. E. L NEATER S SCRIB D in my presence and sworn to before me this —15�- day of , 2004, by WILLIAM D. NEATER and E. LEE NEATER, husband and wife. Notary Pu M Commission Expires: I" ?L 1 *5'_ ;BAR /,9l RE /FO DAN.EA ) is -2-