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HomeMy WebLinkAbout915480 r;~~;¡·!-~·t~,jÞ,~~~Q !i:;:í:ì~jil;!~"iS¡~~ ~~::~~:~:1f¡~¡::~~1~ -~~¡t¡;~~m~~~~;¡¡~m . . .. ~ d. _ .. ..-.... . '. . """. ,..'-", ~ '."_' ., , .... "" '..... ,.... . R __Hd'__., ECEIVED 1/261 , RECEIVING # '2006 at 3:48 PM tV BOOK: 610 915480 JE PAGE: 498 LINCOLN COUN ANNE WAGNER ...... TYCLERK. K PARTIAL RELEASE OF LIEN.EMMERER. VVy '"1 ~ PARTIAL RELEASE, dated as of January /? r~ 2006, made by the UNITED STATES OF ~ ã AMERICA (hereinafter called the "Government") and the ~1JRAL TELEPHONE BANK, a of) êt corporation existing under the laws of the United States of America (hereinafter called the "Bank"), ] 8 to Silver Star Telephone Company, Inc., (hereinafter called the "Corporation"). ClJ.s ~ -- .... .; ~ "8 WHEREAS, pursuant to Public Law No. 103-354, the Rural Utilities Service is the successor I ~ ~. to the Rural Electrification Administration and the Administrator of the Rural Utilities Service is the ~ ~ ti successor to the Administrator ofthe Rural Electrification Administration; and ~~8 . ~ I$ ã WHEREAS, the Corporation, to evidence loans made by the Government and the Bank to the Corporation pursuant to the Rural Electrification Act of 1936, as amended, has executed certain mortgage notes (hereinafter collectively called the "Notes"), all payable to the order of the Government and the Bank; and Oft, WHEREAS, the Corporation, to secure the Notes, has executed and delivered the following instruments to the Government and the Bank (hereinafter collectively called the "Security Instruments") : /z. Instrument Dated as of ¿> Restated Mortgage, Security Agreement, and Financing Statement recorded July 27,2001 as Instrument No. 874879 in Book 469PR, Page 461 .:..--- in the office of the Lincoln County Recorder June 1,2001 Supplemental Mortgage recorded June 21, 2002 as Instrument No. 881977 in Book..122PR, Page 582 in the office of the Lincoln County Recorder April 1,2002 WHEREAS, the indebtedness evidenced by the Notes is the only indebtedness as of the date hereof secured by the Security Instruments; and WHEREAS, the Corporation has requested that certain property hereinafter described be released from the liens of the Security Instruments; NOW, THEREFORE, THESE PRESENTS WITNESSETH that, in consideration of the sum of one dollar in hand paid by the Corporation to the Government and the Bank at the time of the . delivery of these presents, the receipt whereof is hereby acknowledged, the Government and the Bank do hereby release and discharge unto the Corporation, its successors and assigns, all right, title, interest, claim or demand whatsoever wlúch the Government and the Bank may have acquired by or through the Security Instruments, or any of them, in and to the following described property, and does hereby quitclaim said property unto the Corporation, its successors and assigns forever: I.. ·....."......,......,.,........ .;.,,",............,,""....._&.....<L.=~.~-.......,.:;"'..,.,.:.""..:.~.,..,-. ,J',.""''''"..&""....:::..:-_-..... 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C00499 That part of the SI/2 of the NWl/4 of Section 31, T32N R118W, and that part ofthe SEl/4NEl/4 of Section 36, T32N R119W, within the Southeast Afton Annexation to the Town of Afton, Lincoln County, Wyoming being part ofthat tract of record in the Office ofthe Clerk of Lincoln County in Book 54 of Photostatic Records on page 238, and Civil No. 9915, of record in the Office of the Clerk of the District Court, Third Judicial District, Lincoln County, Wyoming, described as follows: Beginning at the Southwest comer of said Sl/2NW1/4; thence N 89°51'06"E, 440.90 feet, along the South line of said S 1/2NW1/4, to a point on the intersection of a southerly extension of the east line of that tract of record in Book 358 of Photostatic Records on page 425; thence NOoo03'19" E, 376.61 feet, along said southerly extension, to the southeast comer of said tract, marked by a brass cap; thence N 89°54'34" W, 221.26 feet, along the south line of said tract, to the southwest point of said tract, common to the northeast point of that tract of record in said office in Book 416 of Photostatic Records on page 774; thence South, 165.63 fee, along the east line of said tract in Book 406, to the southeast point of said tract; thence N 89°54'34" W, 220.00 feet, along the south line of sàid tract, to a point on the West line of said S 1/2NWl/4; thence continuing N 89°54'34" W, 41.82 feet, to a point on the easterly right-of-way line of U.S. Highway 89; thence S 00°49'12" E, 213.00 feet, along said easterly right-of-way line, to a point on the south line of said SEl/4NEl/4; thence N 89°51'06" E, 38.77 feet, to the Comer of Beginning. O~:J..S480 TO HA VB AND TO HOLD said property unto the Corporation, its successors and assigns, forever, ITee, clear and discharged of and ITom any and all liens and claims of the Government and the Bank under and by virtue of any or all the Security Instruments. THIS RELEASE is made by the Government and the Bank and accepted by the Corporation on the express condition that it shall not in any way affect or impair the liens and security of the Security Instruments, or any of them, upon other premises and properties now subject thereto and not expressly released hereby. This release is made and accepted without covenant or warranty, express or implied, at law or in equity, and without recourse to the Government and the Bank, in any event or in any contingency. IN WITNESS WHEREOF, the Government and the Bank have caused this instrument to be duly executed in their behalf, all as of the day and year first above written. By: . ector, N hem Division elecommunications Program Acting for the Administrator of The Rural Utilities Service and for the Governor of the Rural Telephone Bank :'~;:':I:';;?:':¡:i:':~ 1t'. ; ;I.I~I('·"ll..~.' ~~~:!:~ fo~: :·1·:·~:t·,:;:,:,: ,j"'¡'¡·¡:i:1tt:ft:..,.,¡ ¢t*iibiiiai~~ti;~ rill:I¡!mlli~R!_~~~j!;~~ . .'.."..............,-..-..,...- "_.....~...-._......., '..,._--'-".' '.'~"....."'.'.-... .',- , ....,."..-'......_."'.,. ,..·,~._a-~....H·"'.~.- '.. ,...'.. .'~ ." ','-'.". ._...... ',w._.~ ....i. t', ;a ,; 0S1jL5480 r.nr'5ro '.-, \; t v ACKNOWLEDGEMENT DISTRICT OF COLUMBIA) SS ~ ON THIS ayof JauÁÁ dd ' 2006, before me, a Notary Public, d qualifie, co . ssio d and . ng, personally glpeared ~ I~(, Teleco a i 'n m, to me wèll known to be acting for the Administrator ofthe Rural Utilities Service of the United States of America and for the Governor of the Rural Telephone Bank and acknowledged that he, as such authorized to do so, did execute the foregoing Partial Release for the purposes therein contained. . . IN}VlTNESSWHEREOF, I have thereunto set my hand and official seal. . . ~~ . . . Nota ub c . ;'_1' ':·",.",·Ax My Conuiií;~~.~~f..'··;~pires: ,,~' :. Elizabeth J, Hoefler .. Notary Public District at l;-olumbla My Commission Expires: August 1. 2007 3 !..