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HomeMy WebLinkAbout949656RECEIVED 9/23/2009 at 1:39 PM y` RECEIVING # 949656 BOOK: 732 PAGE: 441 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AGREEMENT, QUITCLAIM DEED, ;l AND RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, That Micah Rigby and Tamara Rigby, husband and wife, hereinafter referred to as the Mortgagors or grantors, and 1ST Bank a Wyoming state banking corporation, of PO Box 1620, Afton, WY 83110, hereinafter referred to as the Mortgagee or grantee, hereby agree as follows: 1. That the Mortgagors are the owners of the following described real property ("the Property") located in Lincoln County, State of Wyoming: Lot 60 of Star Valley Ranch Plat 14, Lincoln County, Wyoming, as described on the official plat filed on August 10, 1977, as Instrument No. 496705 of the records of the Lincoln County Clerk. 2. That the Mortgagors have mortgaged the Property to the Mortgagee by a Mortgage ("the Mortgage") securing a Promissory Note of even date in the amount of $212,000.00, dated July 3, 2008, and recorded in the Office of the Lincoln County Clerk on July 9, 2008, in Book 699, Page 501, Receiving No. 940399. 3. That Mortgagors and Mortgagee stipulate and agree that Mortgagors are in default in their obligations under the Mortgage because of their failure to pay the principal and interest as required by the Note and Mortgage. Therefore, as August 5, 2009, the amount due on the Mortgage is principal and interest in the amount of $161,713.71 plus accruing interest on that amount from August 6, 2009, at the rate of $30.46716 per day and expenses of collection. 4. That the parties agree that it is in their mutual best interests that the Mortgagors convey to the Mortgagee all of their interest in the Property. In consideration thereof the Mortgagee will release the Mortgagors 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 Mortgagors, as grantors, do hereby voluntarily, by their own free will and choice, remise, release, and forever quitclaim, and by these presents do for their successors and assigns, remise, release, and forever 1 vOU442 quitclaim, unto 1ST Bank, as grantee, and to its successors and assigns, forever, all such right, title, interest, property, possession, claim, and demand as the grantors have, 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 grantors 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 Mortgagors represent and warrant 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 9th day of September, 2009. J4~c14' Micah Rigby Tamara Rigby 2 r G 0-V443 1ST Bank, a Wyoming State Banking Corporation By A4~'7Rog J. C es, Afton Branch President STATE OF WYOMING COUNTY OF LINCOLN This instrument was acknowledged before me on the 15 day of September, 2009, by Micah Rigby and Tamara Rigby, husband and wife. Witness my hand and official seal. GARRETT POINTS • NOTARY PUBLIC CCUNTYOF STATE OF LMJC . J4 WYOMING MY COMMISSION EXPIRES NOVEMBER 13, 2011 NOTARY PUBLIC My commission expires: 010 13 bbl l STATE OF WYOMING COUNTY OF LINCOLN ss. ss. This instrument was acknowledged before me on the day of September, 2009, by Roger J. Coles as Afton Branch President of 1ST Bank. Witness my hand and official seal. ROME JENKINS NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES APRIL 4. 2010 NOTARY PUBLIC My commission expires: y 3