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HomeMy WebLinkAbout933660 ({ {f~ 1'/'),'.· ~. /y" 6010715935 AGREEMENT, QUITCLAIM DEED, AND RELEASE OF MORTGAGE 000199 KNOW ALL MEN BY THESE PRESENTS, That Travis Dana and Heidi Dana, husband and wife, of Thayne, Lincoln County, Wyoming, hereinafter referred to as the Mortgagor or grantor, and 1ST Bank, a Wyoming banking corporation, of 314 South Washington Street, PO Box 1620, Afton, WY 83110, hereinafter referred to as the Mortgagee or grantee, hereby agree as follows: 1. That the Mortgagor is the owner of the following described real property ("the Property") located in Lincoln County, State of Wyoming: Part of Section 18, T34N, R118W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: Commencing 466 feet North of the Southwest Corner of the SW1/4NW1/4 of said Section 18 and running thence East 466 feet; thence South 198.5 feet; thence West 466 feet; thence North 198.5 feet to the place of beginning. 2. That the Mortgagor has mortgaged the Property to the Mortgagee by a Mortgage ("the Mortgage") securing a Promissory Note of even date in the amount of $227,556.93, dated September 21, 2006, and recorded in the Office of the Lincoln County Clerk on October 9, 2006, in Book 636, Page 250, Recording Number 923157. 3. That Mortgagor and Mortgagee stipulate and agree that Mortgagor is in default in its obligations under the Mortgage because of their failure to pay monthly installments as required, and that as of September 27, 2007, the amount due on the Mortgage is principal and interest due in the amount of $226,552.28 plus accruing interest from that date at the rate of $58.07766 per day and expenses of collection. 4. That the parties agree that it is in their mutual best interests that the Mortgagor convey to the Mortgagee all of its interest in the Property. In consideration thereof the Mortgagee shall release the Mortgagor from all obligations to the Mortgagee under the Mortgage on the express condition that there are no other mortgages, liens, judgments, obligations, or encumbrances against the property. 5. That in consideration of the release of the Mortgage and other good and valuable consideration, the receipt whereof is hereby confessed and acknowledged, the Mortgagor, as grantor, does hereby voluntarily, by their own free will and choice, remise, release, and forever quitclaim, and by these presents does for its successors and assigns, remise, release, and forever RECEIVED 10/212007 at 12:27 PM RECEIVING # 933660 BOOK: 674 PAGE: 199 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ! 000200 quitclaim, unto 1 ST Bank, a Wyoming banking corporation, as grantee, and to its successors and assigns, forever, all such right, title, interest, property, possession, claim, and demand as the grantor has, or ought to have, in and to the Property. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, and further releasing all rights of redemption under the Mortgage foreclosure laws of said State. TO HAVE AND TO HOLD the said premises unto the said grantee, and to its successors and assigns to its own proper use and behoof forever. So that neither the grantor nor any person in their name or behalf or any person in their name or behalf, shall or will hereafter claim or demand any such right or title to the premises or any part thereof, but they and every one of them shall by these presents be excluded and forever barred. 6. That Mortgagor represents and warrants that the Property is free and clear of all liens and mortgages other than the Mortgage described herein. 7. That in consideration of the foregoing conveyance and mutual understanding and agreement and on condition that the Property is free and clear of all other liens, mortgages, and encumbrances, and other good and valuable consideration, the receipt whereof is hereby confessed and acknowledged, Mortgagee does hereby certify that the Mortgage is fully satisfied, released, and discharged; and in consideration thereof the said 1 ST Bank, does hereby release and waive any and all rights to a deficiency judgment thereunder or any other relief pursuant to the Mortgage and the promissory note it secures. IN WITNESS WHEREOF, the parties have executed this Agreement, Quitclaim Deed, and Release of Mortgage as of the 27th day of September, 2007. ---rí~ ~N'N^ Travis Dana lktd&AA Heidi Dana 2 1 ST Bank, a Wyoming Banking Corporation By- 000201. It:. - /~. - ~ Ron Thomas Afton Branch President STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing ins~ent was acknowledged before me by Travis Dana and Heidi Dana, husband and wife, this / . day of ¿7c1-o b p/r ,2007. Witness my hand and official seal. ROXIE JENKINS NOTARY PUBLIC COUNTY OF ~ STATE OF LINCOLN ~ WYOMING MY COMMISSION EXPIRES APRIL 4. 2.010 My commission expires: 1/'! q ,/7- () / () STATE OF WYOMING ss. COUNTY OF LINCOLN On this / ¡;- day of 0 {' fd h ~r- ,2007, before me personally appeared Ron Thomas, to me personally known, who, being by me duly sworn, did say that he is the Afton Branch President of 1 ST Bank, a Wyoming banking corporation, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said 1 ST Bank by authority of its board of directors; and said Ron Thomas acknowledged said instrument to be the free act and deed of said 1 ST Bank. Given under my hand and notarial seal the day and year first above written in this certificate. ROXIE JENKINS NOTARY PUBLIC COUNTY OJ: . STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES AÞRIL 4. 2010 My commission expires: L/ 1'1/;2, 0 / 0 3