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HomeMy WebLinkAbout954351STATE OF WYOMING COUNTY OF LINCOLN s AFFIDAVIT A tract of land lying in the SE1 /4NW1 /4 of Section 7, T31N, R118W of the 6th P.M., Wyoming, lying East of U. S. Highway FAP Route 10 -3, Route 89, more particularly described as follows: 0 0036S JAMES D. McMURDO and MATTHEW W. McMURDO, Trustees of the Thunderstick Ranch Family Trust, dated August 21, 2006 and as individuals, being duly sworn depose and state: 1. That we are the Trustees of the Thunderstick Ranch Family Trust, dated August 21, 2006, the identical parties who made, executed and delivered that certain WARRANTY DEED to the Bank of Star Valley dated the /2 day of 2010, conveying the following described property: BEGINNING at an iron pipe marking the intersection of the North line of said SE1 /4NW1 /4 with the Easterly line of said Highway 89, 150 feet wide; thence running N89 °30'44 "E along said North line, a distance of 1075.73 feet to a brass cap marking the Northeast corner of said SE1 /4NW1/4; thence South, along the East line of said SE1 /4NW1 /4 1321.78 feet to a brass cap monument set to mark the middle 1/4 corner of said Section 7; thence S89 °30'44 along a fence marking the South line of said SE1 /4NW1 /4, a distance of 306.99 feet to an iron pipe set at the intersection of last said South line with said Easterly line of Highway 89, said point lying on the arc of a curve having a radius of 2939.789 feet from which a radial line bears S72 °54'08 "W and a tangent bears N%7 °05'52 "W; thence. Northwesterly, along said curve, concave to the Southwest, through a central angle of 16 48'32 an arc distance of 862.45 feet to a concrete monument fa ind marking the East line SC -Sta 620 -64.88 of said Highway 89; thence continuing, Northwesterly along the arc of a 2 °00 spiral curve (a direct line bearing being N35 °55'17 "W and a distance being 303.73 feet) to a concrete monument marking the Easterly T. S. Sta. 617 64.88 of said Highway U. S. 89; thence N36 °54'24 "W along a tangent of said Easterly line, a distance of 367.23.feet to the point of beginning, containing 19.282 acres of land more Of less. Together with rights -of -way, easements of sight and record with water rights and improvements. 2. That the aforesaid Warranty Deed was an absolute conveyance of the title to said premises to the grantee named therein in effect as well as in form, and was not and is not now intended as a mortgage, trust or security of any kind, and that possession df said premises has been surrendered to the said grantee; receipt of consideration for said Warranty Deed is hereby acknowledged, together with the full cancellation of all debts, obligations, costs, and charges, RECEIVED 7/13/2010 at 11:04 AM RECEIVING 954351 BOOK: 750 PAGE: 368 JEANNE WAGNER 1 inirnI ni r'ni INTY CLERK. KEMMERER, WY heretofore existing under and by virtue of the terms of a certain mortgage heretofore existing on the property therein and hereinbefore described executed by CARY LYNN McMURDO and APRIL P. McMURDO, Trustees of the Thunderstick Ranch Family Trust, dated August 21, 2006, as mortgagor, dated on or about November 18, 2008, and recorded November 18, 2008 in Book 709 PR, Page 347, in the office of the Lincoln County Clerk, State of Wyoming, and the delivery of this affiant of the note or other evidence of debt secured by said mortgage, duly cancelled, receipt of which said cancelled note is hereby acknowledged. 3. That the aforesaid Warranty Deed and conveyance was made by the deponents as the result of their request that the grantee accepts such deed and was their free will and voluntary act; that at the time of making said deed, the deponents felt and still feel that the mortgage indebtedness above mentioned represented a fair value of the property so deeded; that said deed was not given as a preference against any other creditors of the deponents; that at the time it was given, there are no other person or persons, firms or corporations, other than the grantee therein named interested, either directly or indirectly in said premises; that the deponents are solvent and have no other creditors whose rights would be prejudiced by such conveyance, and that deponents are not obligated upon any bond or other mortgage whereby any lien has been created or exists against the premises described in said deed; and that the deponents in offering to execute the aforesaid deed to the grantee therein, and in executing same, are not acting under any duress, undue influence, misapprehensions or misrepresentation by the grantee in said deed, or the agent or attorney or any other representative of the grantee in said deed and that it was the intention of the deponents, as grantor in said deed, to convey and by said deed the deponents did convey to the grantee therein all their rights, title, and interest absolutely in and to the premises described in said deed. 4. The Affiants hereby waive and releases any right or equity of redemption that they may have under the laws of the State of Wyoming as mortgagor. This affidavit is made for the protection and benefit of the aforesaid grantee in said deed, its successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property described therein, and shall bind the respective heirs, executors, administrators and assigns of the undersigned. Page 2 of 4 JAMES D. McMURDO, Trustee Thunderstick Ranch Family Trust, Dated August 21, 2006 MATTHEW W. McMURDO, Trustee Thunderstick Ranch Family Trust, Dated August 21, 2006 000369 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by JAMES D.McMURDO, Trustee, Thunderstick Ranch Family Trust, dated August 21, 2006, this /1 day of July, 2010. My Commission Expires: STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by MAT'THEW W. McMURDO, Trustee, Thunderstick Ranch Family Trust, dated August 21, 2006, this A day of July, 2010. My Commission Expires: STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: STEVEN A. HARTWELL COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JULY 8, 2014 ss. STEVEN A. HARTWELL COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JULY 8, 2014 Page 3 of 4 NOTARY PUBLIC STEVEN A. HARTWELL COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JULY 8, 2014 000370 7, 1 7 JAMES D. McMURDO The foregoing instrument was acknowledged before me by JAMES D. McMURDO this day of July, 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: s s. STEVEN A. HARTWELL COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JULY 8, 2014 Page 4 of 4 0 0 0 371 MATTHEW W. McMURDO The foregoing instrument was acknowledged before me by JAMES D. McMURDO this day of July NOTARY PUBLIC