HomeMy WebLinkAbout948397SHERIFF'S DEED
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, pursuant to the terms and conditions of a certain mortgage dated
August 17, 2007, made and executed by Antelope Ridge Development, LLC, Larry G.
Miller, Member and Lance B. Miller, Member, as mortgagor, to Commerce Bank of
Wyoming, N.A., as mortgagee, which mortgage was duly recorded on August 21, 2007,
in Book 669 at Page 664, in the Office of the County Clerk of Lincoln County, Wyoming
to secure the payment of a Promissory Note in the amount of $1,121,200.00 of even
date therewith, which mortgage further secured the renewed and extended obligations
of the borrowers to Commerce Bank of Wyoming, N.A., pursuant to the Promissory
Note in the amount of $700,000.00 dated August 17, 2007, both of which notes were
executed by Antelope Ridge Development, LLC, Larry G. Miller, Member and Lance B.
Miller, Member, and Larry G. Miller, individually and Lance B. Miller, individually; a
Partial Release of which Mortgage was recorded on August 21, 2008, in Book 702 at
Page 762, in the Office of the County Clerk of Lincoln County, Wyoming; and a second
Partial Release of which Mortgage was recorded on September 22, 2008, in Book 705
at Page 337, in the Office of the County Clerk of Lincoln County, Wyoming; and
pursuant to a Notice of Real Estate Mortgage Foreclosure and Sale of Personal
Property Subject to a Security Interest of said mortgage which was duly published for a
period of four consecutive weeks on February 5, February 12, February 19 and
February 26, 2009, in the Kemmerer Gazette, a newspaper of general circulation,
published in the County of Lincoln, State of Wyoming; on March 10, 2009 at the hour of
10:00 a.m., Lincoln County Deputy Sheriff, J. Starcevich, did sell, at the Lincoln County
Courthouse, Kemmerer, Wyoming, the following-described real and personal property,
to-wit:
A parcel of land located in the southeast '/4 of Section 15 and the southwest Y4 of
Section 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of Kemmerer,
Lincoln County, Wyoming, and being more particularly described as follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract 55 in
said Section 14 for the Point of Beginning where is found a standard GLO brass cap;
Thence, along the west line of said Tract 55, S 00° 06'45" W for 765.27 feet, where is
found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of said Sections
14 and 15, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS
6450";
Thence, along the common line between said Sections 14 and 15, N 00° 09' 19" W for
505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS
6450'";
Thence N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
RECEIVED 7/20/2009 at 12:11 PM
RECEIVING # 948397
BOOK: 727 PAGE: 754
JEANNE WAGNER
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Thence N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence N 27° 28' 50" W for 540.56 feet, to the southerly right of way of U.S. Highway
30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 63° 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 63° 57' 00" E along said southerly right of way for 6.33 feet to a
point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of T. 21 N.,
R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
Thence N 89° 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet, to the
southeast corner of said Tract 64 and being on the west line of said Tract 56, where is
found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for 1320.27 feet
to the Point of Beginning of this description.
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming
as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming
as described on the official plat thereof;
AND
ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED TO ALL HEALTH CARE
INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS (INCLUDING BUT NOT LIMITED TO
ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS, LETTERS OF CREDIT, DOCUMENTS,
DEPOSIT ACCOUNTS, INVESTMENT PROPERTY, MONEY, OTHER RIGHTS TO PAYMENT AND
PERFORMANCE, AND GENERAL INTANGIBLES (INCLUDING BUT NOT LIMITED TO ALL SOFTWARE
AND ALL PAYMENT INTANGIBLES); ALL OIL, GAS AND OTHER MINERALS BEFORE EXTRACTION;
ALL OIL, GAS, OTHER MINERALS AND ACCOUNTS CONSTITUTING AS-EXTRACTED COLLATERAL;
ALL FIXTURES; ALL TIMBER TO BE CUT; ALL ATTACHMENTS, ACCESSIONS, ACCESSORIES,
FITTINGS, INCREASES, TOOLS, PARTS, REPAIRS, SUPPLIES, AND COMMINGLED GOODS
RELATING TO THE FOREGOING PROPERTY, AND ALL ADDITIONS, REPLACEMENTS OF AND
SUBSTITUTIONS FOR ALL OR ANY PART OF THE FOREGOING PROPERTY; ALL INSURANCE
REFUNDS RELATING TO THE FOREGOING PROPERTY; ALL GOOD WILL RELATING TO THE
FOREGOING PROPERTY; ALL RECORDS AND DATA AND EMBEDDED SOFTWARE RELATING TO
THE FOREGOING PROPERTY, AND ALL EQUIPMENT, INVENTORY AND SOFTWARE TO UTILIZE,
CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS AND DATA ON ELECTRONIC MEDIA;
AND ALL SUPPORTING OBLIGATIONS RELATING TO THE FOREGOING PROPERTY; ALL WHETHER
NOW EXISTING OR HEREAFTER ARISING, WHETHER NOW OWNED OR HEREAFTER ACQUIRED
OR WHETHER NOW OR HEREAFTER SUBJECT TO ANY RIGHTS IN THE FOREGOING PROPERTY;
AND ALL PRODUCTS AND PROCEEDS (INCLUDING BUT NOT LIMITED TO ALL INSURANCE
PAYMENTS) OF OR RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED, WHETHER
NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) ALL ACCESSIONS,
ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, SUPPLIES, REPLACEMENTS OF AND ADDITIONS
TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED NOW OR LATER; (B) ALL
PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED IN THE COLLATERAL
SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (C) ALL
ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS, MONIES, PAYMENTS, AND ALL
OTHER RIGHTS, ARISING OUT OF A SALE, LEASE, CONSIGNMENT OR OTHER DISPOSITION OF
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00(41756
ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (D) ALL PROCEEDS (INCLUDING INSURANCE PROCEEDS) FROM THE SALE,
DESTRUCTION, LOSS, OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007, AND SUMS DUE FROM A
THIRD PARTY WHO HAS DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S
INSURER, WHETHER DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) ALL
RECORDS AND DATA RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL
SECURITY AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH. ALL OF
GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFTWARE REQUIRED TO
UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA ON ELECTRONIC
MEDIA.
AND WHEREAS, a "Sheriff's Certificate of Purchase" was duly executed and
delivered by Lincoln County Deputy Sheriff, J. Starcevich, on behalf of Shane Johnson,
Sheriff of Lincoln County, Wyoming on March 10, 2009, and recorded in the Office of
the County Clerk of Lincoln County, Wyoming on March 10, 2009, in Book 717 at Page
205; and in said Certificate of Purchase it was provided that the Purchaser, Commerce
Bank of Wyoming, N.A. would be entitled to a Sheriff's Deed to said property, provided
said foreclosed mortgage was not redeemed, as provided by law; and the period of
redemption having expired, and more than four (4) months having passed since the
date of sale without redemption.
NOW, THEREFORE, KNOW ALL MEN BY THIS DEED, that I, Shane Johnson,
Sheriff of Lincoln County, State of Wyoming, in consideration of the premises have
granted, bargained, sold, and do hereby convey to Commerce Bank of Wyoming, N.A.
whose address is P.O. Box 3000, Rock Springs, Wyoming 82902, its successors and
assigns, the following-described tract of land and personal property:
A parcel of land located in the southeast '/4 of Section 15 and the southwest % of
Section 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of Kemmerer,
Lincoln County, Wyoming, and being more particularly described as follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract 55 in
said Section 14 for the Point of Beginning where is found a standard GLO brass cap;
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27 feet, where is
found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of said Sections
14 and 15, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS
6450";
Thence, along the common line between said Sections 14 and 15, N 00° 09' 19" W for
505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS
6450";
Thence N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
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Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap stamped
"Pence Surveying, LLC, PLS 6450";
Thence N 27° 28' 50" W for 540.56 feet, to the southerly right of way of U.S. Highway
30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 63° 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 63° 57' 00" E along said southerly right of way for 6.33 feet to a
point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of T. 21 N.,
R. 116 W., where is found a 2" aluminum cap stamped CC[, PE&LS,;
Thence N 89° 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet, to the
southeast corner of said Tract 64 and being on the west line of said Tract 56, where is
found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for 1320.27 feet
to the Point of Beginning of this description.
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming
as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming
as described on the official plat thereof;
AND
ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED TO ALL HEALTH CARE
INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS (INCLUDING BUT NOT LIMITED TO
ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS, LETTERS OF CREDIT, DOCUMENTS,
DEPOSIT ACCOUNTS, INVESTMENT PROPERTY, MONEY, OTHER RIGHTS TO PAYMENT AND
PERFORMANCE, AND GENERAL INTANGIBLES (INCLUDING BUT NOT LIMITED TO ALL SOFTWARE
AND ALL PAYMENT INTANGIBLES); ALL OIL, GAS AND OTHER MINERALS BEFORE EXTRACTION;
ALL OIL, GAS, OTHER MINERALS AND ACCOUNTS CONSTITUTING AS-EXTRACTED COLLATERAL;
ALL FIXTURES; ALL TIMBER TO BE CUT; ALL ATTACHMENTS, ACCESSIONS, ACCESSORIES,
FITTINGS, INCREASES, TOOLS, PARTS, REPAIRS, SUPPLIES, AND COMMINGLED GOODS
RELATING TO THE FOREGOING PROPERTY, AND ALL ADDITIONS, REPLACEMENTS OF AND
SUBSTITUTIONS FOR ALL OR ANY PART OF THE FOREGOING PROPERTY; ALL INSURANCE
REFUNDS RELATING TO THE FOREGOING PROPERTY; ALL GOOD WILL RELATING TO THE
FOREGOING PROPERTY; ALL RECORDS AND DATA AND EMBEDDED SOFTWARE RELATING TO
THE FOREGOING PROPERTY, AND ALL EQUIPMENT, INVENTORY AND SOFTWARE TO UTILIZE,
CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS AND DATA ON ELECTRONIC MEDIA;
AND ALL SUPPORTING OBLIGATIONS RELATING TO THE FOREGOING PROPERTY; ALL WHETHER
NOW EXISTING OR HEREAFTER ARISING, WHETHER NOW OWNED OR HEREAFTER ACQUIRED
OR WHETHER NOW OR HEREAFTER SUBJECT TO ANY RIGHTS IN THE FOREGOING PROPERTY;
AND ALL PRODUCTS AND PROCEEDS (INCLUDING BUT NOT LIMITED TO ALL INSURANCE
PAYMENTS) OF OR RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED, WHETHER
NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) ALL ACCESSIONS,
ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, SUPPLIES, REPLACEMENTS OF AND ADDITIONS
TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED NOW OR LATER; (B) ALL
PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED IN THE COLLATERAL
SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (C) ALL
ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS, MONIES, PAYMENTS, AND ALL
OTHER RIGHTS, ARISING OUT OF A SALE, LEASE, CONSIGNMENT OR OTHER DISPOSITION OF
ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (D) ALL PROCEEDS (INCLUDING INSURANCE PROCEEDS) FROM THE SALE,
DESTRUCTION, LOSS, OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007, AND SUMS DUE FROM A
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00075s
THIRD PARTY WHO HAS DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S
INSURER, WHETHER DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) ALL
RECORDS AND DATA RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL
SECURITY AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH ALL OF
GRANTORS RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFTWARE REQUIRED TO
UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA ON ELECTRONIC
MEDIA.
TO HAVE AND TO HOLD said described premises and personal property with all
the appurtenances thereunto belonging to Commerce Bank of Wyoming, N.A. its
successors and assigns forever.
WITNESS my hand this ~ day of July, 2009.
SHANE JOHNSON, SHERIFF
LINCOLN COUNTY, WYOMING
By:
'Sheriff
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
a Notary Pub iic in and-for/the County of
Lincoln, State of Wyoming, do hereby ertify that QQNAr!,
,
who is personally known to me to be the person whose name is subscribed to the
foregoing Sheriff's Deed and (Deputy) Sheriff of the County of Lincoln, St to of
Wyoming, and designated therein as such officer, appeared before me this day
of July, 2009, in person and acknowledged that _he signed, sealed and delivered said
instrument, in writing, as h free and voluntary act as (Deputy) Sheriff of Lincoln
County, State of Wyoming, for the use and purposes therein set forth.
Witness my hand and official seal.
4' Ofi- ASHLEY NOTARY PUBLIC
Gc;ktt!E , A ~F~ STATE of f
s~ vYUMINc Notary Public
iv9Y Cc7M~i15 ii0i i DOM::S DECEMBER A, 2011
My Commission Expires: V4.6
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