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HomeMy WebLinkAbout951295WHEN RECORDED MAIL TO: GARY AND KAYLYN LYELLS REVOCABLE LIVING TRUST 786 W. 2ND ST UNIT 7 OGDEN UTAH 84407 A7754 WTC 17666 THIS TRUST DEED is made this 23rd of December, 2009, between EVERGREEN SOLUTIONS 2 LLC as Trustor, whose address CIO 2651 WASHINGTON BLVD, SUITE 10, OGDEN, UTAH, 84401 ROCKY MOUNTAIN TITLE INSURANCE as Trustee, and GARY AND KAYLYN LYELLS REVOCABLE LIVING TRUST DATED NOVEMBER 2, 1998 GARY R. LYELLS AND KAYLYN B. LYELLS, TRUSTEES, as beneficiary. Trustor hereby CONVEYS AND WARRANTS TO TRUSTEE IN TRUST, WITH POWER OF SALE, the following described property situated in LINCOLN County, WYOMING. SEE ATTACHED EXHIBIT A TAX ID# 24161220102300 Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, hereditaments, privileges, and appurtenances thereunto now or hereafter used or enjoyed with said property, or any part thereof; FOR THE PURPOSE OF SECURING payment of the indebtedness evidenced by a promissory note of even date herewith, in the principal sum of $100,000.00, payable to the order of the Beneficiary at the times, in the manner and with interest as therein set forth, and payment of any sums expended or advanced by the Beneficiary to protect the security hereof. Trustor agrees to pay all taxes and assessments on the above property, to pay all charges and assessments on water or water stock used on or with said property, not to commit waste, to maintain adequate fire insurance on improvements on said property, to pay all costs and expenses of collection (including Trustee's and Attorneys fees in event of default in payment of the indebtedness secured hereby) and to pay reasonable Trustee's fees for any of the services performed by Trustee hereunder, including a reconveyance hereof. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at the address hereinbefore set forth. STATE OF UTAH COUNTY OF WEBER On the 23rd day of December, 2009 personally appeared before me, BRIAN L. BELNAP who being by me duly sworn did say, each for HIMSELF, that HE IS the Managing Member(s) of the EVERGREEN SOLUTIONS -2 LLC, and that the within and foregoing instrument was signed on behalf of said Limited Liability Company by authority of it' Articles of Organization and each duly acknowledged to me that said Limited Liability Company executed the same. <cir: 7:;.- DEAN L. CARLSEN NOTARY PUBUC STATE of UTAH 1 2851 Washington Blvd: #2 e4 Ogden, Utah 84401 COMM. EXP. 01 -24 =2012 (ss. TRUST DEED EVERGREEN SOLUTIONS- 2 LLC Y N L. BELNAP .ITS: MANAGING MEMBER RECEIVED 12/28/2009 at 2:54 PM RECEIVING 951295 BOOK: 739 PAGE: 41 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NOTARY PUBLIC 0:)41 Exhibit.A. That part of. the NW1 /4 of Section 12; T24N, R116W; Lincoln County, Wyoming, described,as follows; e. O42 BEGINNING, at the: northeast corner of said NWI/4.of said section 12, found as described in the Corner, Record filed. in the Office of the Clerk of Lincoln County; thaence-S00 48'58" E, the -base.bearing for this survey, 470.76 feet, to a monument on the southerly right of way line of North Blue Jay Way of the Spring Canyon Ranches Subdivision of record in said Office as Plat N.o..299; thence coursing said right of way line as follows: thence N78 °00'00 "W, 141.82 feet, to a monument;. thence southwesterly 124.00 feet along the arc of a circular curve to the left, through a central angle of 49 °30'00 having a radius of 143.53 feet, to a monument; thence S52 °30'00 "W, 225.00 feet, to a Monument;, thence westerly, 205.89 feet along the arc of a circular curve to the right, through a central angle of 86 °15'00 having a radius of 136.77 feet, to a monument; thence N41 15'00 "W, 140.00 feet, to a monument; thence westerly, 66.62 feet along the arc of a' circular curve to the left, through a central angle of 86 °51'51 having a radius of 43:94, feet, to a• monument on the southerly right of way line of South Blue Jay Way of record on said plat; thence coursing said right of way line as follows: S51 °53'09 "W, 367.71 feet, to, a monument; thence southwesterly, 172.73 feet along the arc of a circular curve to the right, through a central angle of 32 °36'51 having a radius of 303.45 feet, to a monument; thence S84 °30'00 "W, 194.99 feet, to a monument; thence southwesterly, 181.75 feet along the arc of a circular curve to the left, through a central angle of 27 °30'00 having a radius of 378.67 feet, to a monument; thence S57 °00'00 "W, 185.00 feet, to a monument and leave said right of way line; thence N45 °13'30 "W, 61.39 feet, to the southeast monument of Lot 40 of record on said plat; thence N01 °55'00 "E, 273.72 feet along the east line of said Lot 40 to a monument common to said Lot 40 and Lot 39 of record on said plat; thence N01 °57'30 "E, 259.66 feet along the east line of said Lot 39, to a monument on the southerly right of way line of said North Blue Jay Way; thence N22 °56'42 "W, 64.57 feet, to the southeast monument of Lot 8 of record on said plat; thence N00 °48'58 "W, 278.11 feet, along the east line of said Lot 8, to a monument on the north line of said NW1 /4; thence N89 °01'00 "E, along the north line of said NW1 /4, 1790.00 feet, more or less, to the CORNER OF BEGINNING LESS AND EXCEPT Lot 44 of Spring Canyon Ranches Subdivision, Lincoln County, Wyoming