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HomeMy WebLinkAbout943718 II ---355 RECEIVED 11/19/2008 at 10:59 AM RECEIVING # 943718 BOOK: 709 PAGE: 355 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WARRANTY DEED TED S. HIGGINS and KATHLEEN N. HIGGINS, husband and wife, Grantors, of the County of Sweetwater, State of Wyoming, for and in consideration of Ten and No/lOO ($10.00) Dollars in hand paid, and other good and valuable consideration, the receipt whereof is hereby acknowledged, hereby CONVEY AND WARRANT to TED S. HIGGINS and KATHLEEN N. HIGGINS, Trustees of the TED S. HIGGINS LIVING TRUST, dated October 23, 2008, and any amendments thereto, as to an undivided one-half (1/2) interest, and to KATHLEEN N. HIGGINS and TED S. HIGGINS, Trustees of the KATHLEEN N. HIGGINS LIVING TRUST, dated October 23, 2008, and any amendments thereto, as to an undivided one-half (1/2) interest, as tenants in common, Grantees, of 3701 Madison Drive, Rock Springs, Sweetwater County, Wyoming, the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: '} C Alpine Retreat Subdivision #2, Lot Number 50, being more particularly located in the SW% of the NE% of Section 9, Township 36 N, Range 119 West, 6th P.M., Lincoln County, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions and rights of way of record. 'I FULL POWER AND AUTHORITY is hereby granted to said Trustee(s) and said Trustee's successor(s) to protect and conserve said property; to sell, contract to sell and grant options to purchase said property and any right, title or interest therein on any terms; to exchange said property or any part thereof for any other real or personal property; to convey to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber said property or any part thereof; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on said property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, conveyor assign any other right, title or interest whatsoever in, to or about said property or any part thereof. The written acceptance by a Successor Trustee, filed or recorded in the public records of the county where the real property described herein is located, together with evidence of the predecessor Trustee's death, disability or resignation, shall be deemed conclusive proof that the Successor Trustee provisions of the Trust herein described have been complied with. Evidence of the predecessor Trustee's death shall consist of a certified copy of his/her death certificate. Evidence of a Trustee's disability shall consist of two licensed physicians' affidavits establishing that he/she is incapable of performing his/her duties as Trustee under the Trust herein described. Evidence of a Trustee's resignation shall consist of a written resignation, duly executed and acknowledged by the Trustee. The Successor Trustee(s) shall have the same powers granted to the Trustee(s) herein named, as set forth herein. In no case shall any party dealing with said Trustee(s) in relation to said property in any manner whatsoever, or (without limiting the foregoing) to whom said property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by said Trustee(s), be obliged: (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on said property: or (b) to see that the terms of this Trust have been complied with; or (c) to inquire into the authority, necessity or expedience of any act of said Trustee(s); or (d) be privileged to inquire into any of the terms of said Trust Agreement. Every deed, mortgage, lease or other instrument executed by said Trustee(s) in relation to said property shall be conclusive 1"\,;,;", ~; "1·~ -":-...- ·01... ._- OOû356 evidence in favor of every person claiming any right, title or interest thereunder: (a) that at the time of the delivery thereof, this Trust was in full force and effect; (b) that such instrument was executed in accordance with the trusts, terms and conditions hereof and of said Trust Agreement and is binding upon all beneficiaries thereunder; (c) that said Trustee(s) was/were duly authorized and empowered to execute and deliver every such instrument; and (d) if a conveyance has been made to a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its, his, her or their predecessor in trust. The Trustee(s) shall have no individual liability or obligation whatsoever arising from his/her ownership, as Trustee(s), of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by him/her in dealing with said property, or in otherwise acting as such Trustee(s), except only so far as said trust property and any trust funds in the actual possession of the Trustee(s) shall be applicable to the payment and discharge thereof, and all persons shall be charged with notice of this condition from the date of the filing for record of this deed. The interest of every beneficiary hereunder and under said Trust agreement and of all persons claiming under any of them shall be only in the earnings, avails and proceeds arising from the rental, sale or other disposition of said property. Such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any right, title or interest, legal or equitable, in or to said property, as such, but only an interest in the earnings, avails and proceeds thereof as aforesaid. WHEREVER used herein the terms "Grantor", "Grantee" and "Trustee" shall include all the parties to this instrument, and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, and are used for singular or plural, or either gender, as context requires. WITNESS their hands this 23rd day of October, 2008. ~~ Ted S. Higgins ~ 1~ It ~~ Kathleen N. Higgins The State of Wyoming ) : ss. County of Sweetwater ) The foregoing instrument was acknowledged before me this 23rd day of October, 2008, by Ted S. Higgins and Kathleen N. Higgins, husband and wife. \\\""'1111 " I, ", ~ \.. Nt, "~ , s~ ........ 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