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HomeMy WebLinkAbout951866QUIT CLAIM DEED IN TRUST THIS INDENTURE WITNESSETH, That the Grantor, WALTER E. HEIM, a married man, of the County of Cache and State of Wyoming for and in consideration of Ten and No /100 Dollars, and other good and valuable considerations in hand paid, Conveys and Quit Claims unto Grantee, KATHLEEN U. HEIM, AS TRUSTEE, OF THE KATHLEEN U. HEIM TRUST AGREEMENT DATED MAY 22, 2007, the following described Real Estate in the County of Carbon: RECEIVED 1/28/2010 at 11:14 AM RECEIVING 951866 BOOK: 741 PAGE: 229 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 006229 THE NW1 /4 SW1 /4 OF SECTION 1, TOWNSHIP 35 N, RANGE 119 W OF THE 6TH P.M., WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FROM A BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID NW1 /4; THENCE RUNNING S 0 °07'23" W, PARALLEL WITH THE EAST LINE OF SAID NW1 /4, 1319. 34 FEET TO THE SOUTHEAST CORNER OF SAID NW1 /4; THENCE NORTH 88 °3T32" W, ALONG THE SOUTH LINE OF SAID NW1/4, 1331.67 FEET TO THE SOUTH -WEST CORNER OF SAID NW1 /4; THENCE NORTH ALONG THE WEST LINE OF SAID NW1 /4, 1318.88 FEET TO THE NORTHWEST CORNER OF SAID NW1 /4 THENCE SOUTH 88 °3355" E, ALONG THE NORTH LINE OF SAID NW1 /4, 1334.487 FEET TO THE POINT OF BEGINNING, CONTAINING 40.357 ACRES OF LAND, MORE OR LESS. EXCEPTING AND RESERVING UNTO THE GRANTORS HEREIN ALL OIL, GAS AND MINERAL RIGHTS ASSOCIATED WITH THE ABOVE- DESCRIBED PROPERTY, EXCEPT FOR THE NE1 /4 OF SAID NW1 /4 SW1 /4 OF SECTION 1, TOWNSHIP 35 N, RANGE 119 W OF THE 6TH P.M., WYOMING, THE OIL, GAS AND MINERAL RIGHTS ASSOCIATED WITH THE SAID NE1 /4 BEING CONVEYED TO THE GRANTEES HEREIN. SUBJECT TO AN EASEMENT CONSISTING OF THE SOUTHERN 30 FEET OF THE ABOVE DESCRIBED REAL PROPERTY, BEING A TRACT OF LAND 30 FEET IN WIDTH RUNNING ALONG THE ENTIRE SOUTH BOUNDARY LINE OF THE DESCRIBED REAL PROPERTY, GRANTED TO WILFORD A. CLARK AND RUTH K. CLARK, HUSBAND AND WIFE, FOR THE PURPOSE OF CONNECTING SPRINKLER LATERALS TO AN UNDERGROUND PIPELINE AND MAINTAINING THE SAME TO CONDUCT WATER FOR IRRIGATION PURPOSES. TO HAVE AND TO HOLD the said premises with the appurtenances upon the trusts and for the uses and purposes herein and in said trust agreement set forth. Full power and authority is hereby granted to said trustee to improve, manage, protect and subdivide said premises or any part thereof, to dedicate parks, streets, highways or alleys and to vacate any subdivision or part thereof, and to resubdivide said property as often as desired, to contract to sell, to grant options to purchase, to sell on any terms, to convey either with or without consideration, to convey said premises or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust al of the title, estate, powers and authorities vested in said trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said property, or any part thereof, to lease said property, or any part thereof, from time to time, in possession or reversion, by leases to commence in praesenti or futuro, and upon any terms and for any period or periods of time, not exceeding in the case of any single demise the term of 198 years, and to renew or extend leases upon any terms and for any period or periods of time and to amend change or modify leases and the terms and provisions thereof at any time or times hereafter, to contract to make leases and to grant options to lease and options to renew leases and options to purchase the whole or any part of the reversion and to contract respecting the manner of fixing the amount of present or future rentals, to partition or to exchange said property, or any part thereof, for other real or personal property, to grant easements or charges of any kind, to release, convey or assign any right, title or interest in or about or easement appurtenant to said premises or any part thereof, and to deal with said property and every part thereof in all other ways and for such other considerations as it would be lawful for any person owning the same to deal with the same, whether similar to or different from the ways above specified, at any time or times thereafter. In no case shall any party dealing with said trustee in relation to said premises, or to whom said premises or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said trustee, be obliged to see to the application of any purchase money, rent, or money borrowed or advanced on said premises, or be obliged to see that the terms of this trust have been complied with, or be obliged to inquire into the necessity or expediency of any act of said trustee, or be obliged or privileged to inquire into any of the terms of said trust agreement, and every deed, trust deed, mortgage, lease or other instrument executed by said trustee in relation to said real estate shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the time of the delivery thereof the trust created by this indenture and by said trust agreement was in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations in this indenture and in said trust agreement or in some amendment thereof and binding upon all beneficiaries thereunder, (c) that said trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument and (d) if the conveyance is made to a successor or successors in trust, that such successor or successors in trust have been properly appointed and are fully vested with all the title, estate, rights, powers, authorities, duties and obligations of its, his or their predecessor in trust. The interest of each and every beneficiary hereunder and of all persons claiming under them or any of them shall be only in the earnings, avails and proceeds arising from the sale or other disposition of said real estate, and such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any title or interest, legal or equitable, in or to said real estate as such, but only an interest in the earnings, avails and proceeds thereof as aforesaid. If the title to any of the above lands is now or hereafter registered, the Registrar of Titles is hereby directed not to register or note in the certificate of title or duplicate thereof, or memorial, the words "in trust," or "upon condition," or "with limitations," or words of similar import, in accordance with the statute in such case made and provided. And the said grantor hereby expressly waives and releases any and all right or benefit under and by virtue of any and all statutes of the State of Wyoming, providing for the exemption of homesteads from sale on execution or otherwise. [Signature Page Follows] 000230 In Witness Whereof, the grantor aforesaid has hereunto set his hand and seal this Walter E. Heim STATE OF WYOMING COUNTY OF CACHE 9120593 vl SS I, the undersigned, a Notary Public in and for said County, in the state aforesaid, do hereby certify that Walter E. Heim, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this �l day of January, 2010. Prepared By and Mail to: A. Thomas Skallas Holland Knight LLP 131 S. Dearborn Street, 30 Floor Chicago, Illinois 60603 NOTAIIY PUBLIC STATE OF WYOMING Slit E. GRIFFIN COUNTY OF Y LINCOLN 19 2011 0 ION ExPlll€s ocm NOTARY PUBLIC Send Tax Bill To: Kathleen U. Heim, as Trustee P.O. Box 5010 Etna, Wyoming 83118 00031. T day of January, 2010.