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HomeMy WebLinkAbout942997 ~ ...J 'sbÍi .,~ ,~ ~"ig t?.. ¡~~:: ~ ~o'~ § .S ~ ~ $8e .~ ~ ~:;I ....~ .D fi·o ,~ r.I ¡::: ßI .¡;;. ~J ~. "::t~ ~ .tQJ ] '.t.~ I ... E-< ' " .:'3 <U .r:.g t""~ AGREEMENT, QUITCLAIM DEED, AND RELEASE OF MORTGAGE 000385 KNOW ALL MEN BY THESE PRESENTS, That Lloyd V. Wales and Nancy A. Wales, husband and wife, of Afton, Lincoln County, Wyoming, hereinafter referred to as the Mortgagor or grantor, and Gary C. Jenkins and Roxanne Jenkins, husband and wife, P.O. Box 18, Smoot, Lincoln County, Wyoming, and Alan Jensen and Shelly Jensen, husband and wife, P.O. Box 157, Smoot, Lincoln County, Wyoming, 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: Lot 2 of Wild Flower Estates, Lincoln County, Wyoming as described on the official plat No. 198-B filed September 26,2003 as Instrument No. 893865 of the records of the Lincoln County Clerk. SUBJECT, however, to all reservations, restrictions, protective covenants, exceptions, easements and rights-of -way of record, in sight, or in use. TOGETHER WITH all improvements, appurtenances, hereditaments and all other things thereunto belonging or in anywise appertaining. Property address: 70 Braves Road Afton WY 83110 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 $375,860.00, dated January 3, 2008, and recorded in the Office of the Lincoln County Clerk on January 14,2008, in Book 683, Page 786, Recording Number 936241 . 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 October 3, 2008, the amount due on the Mortgage is principal and interest due in the amount of$376.758.09 plus accruing interest from that date at the rate of $61.00 per day and expenses of collection. RECEIVED 10/20/2008 at 12:35 PM RECEIVING # 942997 BOOK: 707 PAGE: 385 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (:00386 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 quitclaim, unto Gary C. Jenkins and Roxanne Jenkins, husband and wife, and Alan Jensen and Shelly Jensen, husband and wife, 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 HA VE 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, 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 the 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 Gary C Jenkins and Roxanne Jenkins, and Alan Jensen and Shelly Jensen, 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 3rd Day of October, 2008. .) i ûOi.ì387 N(^^"c~A uJ~ Nancy A. Wales STATE OF ss. COUNTY OF t(~ The foregoing instrument was a~wledged before me by Lloyd V. Wales and Nancy A. Wales, husband and wife, this ð 1./1 '-" day of 4~A1 ,2008. Witness my hand and official seal. My commission expires: ^I--3-;:;) 0/6 .----___IBIID___' .' Notary Public I :~"'-~ >.;~ MARLENE ATWOOD I R ~T ~ 1527 North 3500 West I ti ¡¡ ~ Vernal. Utah 64076 I 1"10 .'....../ My Commission Expires I ·r... ...-.../ April 3, 2010 . ,.~" State of Utah L_____....._IIJIIIIIIIIIIII............!I 000388 5!illfJt?f/túJifl.Q Shelly Jensen STATE OF WYOMING ss. COUNTY OF LINCOLN I... -- On this \ 31' day of Oc4-0he--v ,2008, before me personally appeared Gary C. Jenkins, Roxanne Jenkins, and Shelly Jensen described in and which executed the foregoing instrument. Given under my hand and notarial seal the day and year fIrst above written in this certifIcate. NOTARY PUBLIC Sheila Robertson .,;. County of Lincoln State of Wyoming &~ ~\1k~~ ../ Notary Public My commission expires: rl\~\w\\