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Estoppel Affidavit of Mortgagor

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ESTOPPEL AFFIDAVIT OF MORTGAGOR
This Estoppel Affidavit of Mortgagor (the “Agreement”) is made and effective this 4th day of April, 2015,
BETWEEN: Hanna Westcott (the 'Mortgagor'), an individual with her main address at: 777 South Figueroa Street, Suite 3307, Salt Lake City, Utah 43230
AND: Jeffrey Jones (the 'Affiant'), an individual with his main address at: 19th Floor, 1608 Walnut Street, Phoenix, Arizona 85016
In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:
TERMS
1. This is to certify that Affiant executed, assumed, or taken title subject to, the mortgage on the real property located at [ADDRESS], originally granted to [NAME], dated [DATE], recorded in [BOOK, PAGES] of the public records of the [STATE/PROVINCE] and now assigned to and held by [NAME]. The legal description of the mortgaged property is attached hereto as Exhibit A.
2. The original principal amount of the Promissory Note secured by said Mortgage was [AMOUNT], with interest accruing thereon at the fixed rate of [%] per annum amortized over [NUMBER] year(s), with [NUMBER] monthly installment payments of principal and interest due and payable in the amount of [AMOUNT] per month, with the first payment due on [DATE]. A total of [NUMBER] payments have been made through and including the payment due on [DATE]. This loan is current in all respects and the Affiant is not in default.
3. The remaining unpaid principal balance owing on said Note and Mortgage is [AMOUNT], as of [DATE], and there remain scheduled monthly payments due in the amount of [AMOUNT] each, and a balloon payment of [AMOUNT] due on [DATE], with [AMOUNT] then remaining unpaid after said balloon. The next payment in the amount of [AMOUNT] is due on [DATE]. Interest continues to accrue on said Note and Mortgage at the fixed annual rate of [%].
4. No lump sum payments have been made against said balance, nor are there any claims, defenses or offsets against said Mortgage or Note.
5. The Affiant had the full legal capacity to execute said Note and Mortgage or to assume or take title to the real property subject to said Mortgage, and is not in bankruptcy or receivership for benefit of creditors.
6. Affiant has no knowledge of any action or proceeding whatever, which is now pending in any state or federal court in [COUNTRY] in which the Affiant is a party which affects the real property or the Note or Mortgage, nor does the Affiant know of any federal or state court judgment, tax lien or any other lien of any kind or nature whatever which now constitutes a lien or charge upon the property, Note, or Mortgage, except taxes for the current year and the lien of those certain mortgages of record in the County and State where the property is located.
7. Affiant has received no notice from any governmental authority requiring any improvement, alteration or change to be made in and about the property.
8. Affiant has not had any sums escrowed for the payment of taxes or insurance on the property.
9. Affiant further states under penalty of perjury that there has never been any previous transfer or assignment of the above described Promissory Note and/or Mortgage to the knowledge of Affiant, nor has Affiant ever received any notice of assignment or notice of any other interest had by any other third party in said Note and/or Mortgage; Affiant will hold harmless and protect against any claims due to misrepresentation hereof.
10. Affiant understands that this affidavit may be relied upon by any third-party for the purpose of assuming, holding, purchasing, assigning, or satisfying the Promissory Note and Mortgage presently owed by the Affiant.
11. That said Agreement is intended to be and is an absolute conveyance of the title to said property to Mortgagor named therein, and was not and is not now intended as a mortgage, trust conveyance or security of any kind.
12. That it was the intention of Affiant as grantors in said Affidavit to convey, and by said Affidavit Affiant did convey, to Mortgagor therein, all their right, title and interest absolutely in and to said property and that possession of said property has been surrendered to Mortgagor.
13. That in the execution and delivery of said Affidavit Affiant was not acting under misapprehension as to the effect thereof, and acted freely and voluntarily and were not acting under coercion or duress.
14. That at the time of making said Affidavit Affiant believed and now believe that the aforesaid consideration therefore represented the fair value of said property.
15. That this affidavit is made for the protection and benefit of Mortgagor in said Affidavit, their successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in said property.
16. 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 set forth above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
MORTGAGOR

 
AFFIANT

 
Hanna Westcott Jeffrey Jones


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