HomeMy WebLinkAbout950744RECEIVED 11/24/2009 at 10:43 AM
RECEIVING 950744
BOOK: 736 PAGE: 689 AGREEMENT, QUITCLAIM DEED,.':0ii168
JEANNE WAGNER AND RELEASE OF MORTGAGE
NCOLN COUNTY CLERK, KEMMERER, WY
KNOW ALL MEN BY THESE PRESENTS, That Daniel M. Worton and Danette N. Worton,
hereinafter referred to as the Mortgagors or grantors, and Eugene K. Worton, Trustee of the
Worton Family Trust dated May 10, 1995, of 244 Tom's Canyon Road, Auburn, WY 83111,
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:
Please see legal description attached and incorporated herein by this reference.
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 $300,000, dated
September 10, 2008, and recorded in the Office of the Lincoln County Clerk on October 1, 2008, in
Book 706, Page 75, Recording No. 942594.
3. That Mortgagors, Guarantor, 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 November 3, 2009, the amount due
on the Mortgage is principal and interest in the amount of $319,373.72 plus accruing interest on that
amount from November 4, 2009, at the rate of $54.9944 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
quitclaim, unto Eugene K. Worton, Trustee of the Worton Family Trust dated May 10, 1995, 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.
Ci0 690
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 Eugene K. Worton, Trustee of the
Worton Family Trust dated May 10, 1995, 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.
8. That the parties stipulate and agree that grantors were husband and wife at the time
the Note and Mortgage were executed, that they are now divorced, and that they therefore execute
this Agreement, Quitclaim Deed, and Release of Mortgage as individuals and not as husband and
wife.
IN WITNESS WHEREOF, the parties have executed this Agreement, Quitclaim Deed, and
Release of Mortgage as of this 3rd day of November, 2009.
2
STATE OF WYOMING
COUNTY OF LINCOLN
STATE OF
COUNTY OF
OF
ss.
Witness my hand and official seal.
JAMIE M. JENKINS NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 19, 2012
My commission expires: rn k 9 g
ss.
Witness my hand and official seal.
3
006691.
Daniel M. Worton
Danette N. Worton
Eugene Worton, Trustee
NOTARY PUBL
WANE PE I ry
MARY PUBLIC STATE of UTAH
985 SOUTH 1950 WEST
SPRINGVILLE, UT 84663
COMM. EXPIRES 4-1-2010
This instrument was acknowledged before me on the day of November, 2009, by
Daniel M. Worton.
This instrument was acknowledged before me on the Ao day of /7o-L44.44
2009, by Danette N. Worton.
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
On this 6 day of November, 2009, before me personally appeared Eugene K. Worton,
to me personally known, who, being by me duly sworn and put upon his oath, did say that he is the
trustee of the Worton Family Trust dated May 10, 1995, described in and which executed the
foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said
trustee had the authority under the terms of the written trust instrument to execute the instrument on
behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of
said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
GERALD L. GOULDING NOTARY PUBLIC
County of State of
Lincoln ''ef'o ^i Wyoming
My Commiasion (expires May 2, 2011
My commission expires: May 2, 2011.
4
'000692
NOTARY PUBL
JILM111ULLCK Lurit7 IIURRICRNE
ERHI9IT
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(FAX)435 635 7713
Description: Norton Financial Surety
A portion of the Worton property, as referred to in the
Deed recorded in Book 43.7PR, on Page 96, within the
B1/2tb1/4 of Section 35, T33N, R119W, of the 6th P.M,
Lincoln County, Wyoming, the metes and bounds being more
particularly described as follows:
BEGINNING at the Paul N. Scherbel RL3 164, 1986 location
for the Northeast Corner of the SW1 /4 of said Section 35;
thence N89 25 1 179W, along the North line of Said SW1 /4,
361.70 feet;
thence N0 °29'33 "E, parallel with the West line of the NE1 /4
of said Section 35, 361.70 feet;
thence S89025117NE, parallel with said North line, 361.70
feet to a Point in said West line;
thence 90 °29'33 "W, along said West line, 361.70 feet, to
the Point of Beginning, containing 3.00± Acres of land.
SUBJECT TO: A 36 feet Right of Way Easement, along the East
line of the alcove deecribed Parcel, being Worton Lane
County Road 12 -132, as referred to in the Resolution Dated
the 8th Day of February 1989, recorded in Book 2 of
Resolutions, on Page 179, with said Office.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions,
Reservations, Restrictions, Rights -of -Way and improvements
of sight and or record.
P. 014 /014
C'N. ;693