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Date: October 13, 2010
SPECIAL WARRANTY DEED
(Wyoming)
Grantor: FEDERAL DEPOSIT INSURANCE CORPORATION,
as Receiver for First Bank of Idaho
Grantor's Mailing Address:
1601 Bryan Street
Dallas, Dallas County, TX 75201
Grantee: Richard E Agee
Grantee's Mailing Address: 800 Gessner, Suite 1000
Houston, TX 77024
RECEIVED 1 1/24/2010 at 4:01 PM
RECEIVING 956897
BOOK: 757 PAGE: 765
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
Property Description (including any improvements):
See Exhibit A attached hereto and incorporated herein by reference.
Whereas, the subject Property hereinabove described was acquired by Grantor by that certain
Warranty Deed executed on April 13, 2007, and recorded on April 24, 2007 in Volume 655 at Page
676 of the Official Public Records of Real Property for Lincoln County, State of Wyoming.
Grantor, for the consideration stated and subiect to any reservations from and exceptions to
conveyance and warranty stated herein, grants, sells and conveys to Grantee the Property, any and all
improvements located thereon and affixed thereto, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold the Property unto Grantee, Grantee's
successors and assigns forever, subiect to (a) the Permitted Encumbrances, as hereinafter defined,
and (b) the exceptions, limitations and conditions herein set forth. Grantor binds Grantor and
Grantor's successors and assigns to warrant and forever defend the title to the Property to Grantee
and Grantee's heirs, executors, administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to any reservations
from and exceptions to conveyance and warranty herein, when and only when the claim is by,
through, or under Grantor but not otherwise.
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Except for the limited covenant of warranty stated immediately above, the Property is
conveyed: (a) without covenant, representation, or warranty of any kind or nature, express or
implied, and (b) subject to the following matters (such matters hereinafter referred to individually
and collectively as "Permitted Encumbrances"): (1) easements, rights of way, and prescriptive
rights, whether of record or not; licenses and leases, whether written or oral, recorded or unrecorded;
all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances; liens, conveyances, and other instruments affecting the Property that have not been
created, or do not arise, by, through, or under Grantor; rights of co- owners and co- tenants; rights of
adjoining owners in any walls and fences situated on a common boundary; discrepancies, conflicts,
and shortages in area or boundary lines; any encroachments or protrusions, or overlapping of
improvements; any condition, right, claim, or other matter which would be revealed by a current
survey of the Property or which could be discovered by an inspection of the Property; all rights,
obligations and other matters emanating from and existing by reason of the creation, establishment,
maintenance, and operation of any County Water Improvement District, Municipal Utility District, or
similar governmental or quasi governmental agency; taxes and assessments of whatever kind, type,
or nature, assessed, levied, due, or payable for the year or period during which this conveyance takes
place and for any subsequent year or period, the payment of which Grantee assumes; taxes, penalties,
and assessments for the year in which this conveyance takes place and prior years due to change in
land usage, ownership, or omission and/or mistake of assessment, the payment of which Grantee
assumes; (2) existing building and zoning ordinances, land use laws and regulations, and
environmental regulations; and (3) rights of parties in possession.
BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT GRANTOR
HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE
PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MATTER AFFECTING OR
RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED
AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL
FAULTS AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES
AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS,
WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR
IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING
THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION,
MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY
OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE
MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY,
INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE
PROPERTY, (iii) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR
LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, AND (iv) ACCESS. GRANTEE HAS
MADE ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND
CONDITION DEEMED NECESSARY OR APPROPRIATE BY GRANTEE. GRANTEE
ACKNOWLEDGES THAT GRANTEE IS NOT RELYING ON ANY INFORMATION
PROVIDED BY GRANTOR IN DETERMINING THE PROPERTY CONDITION. BY
ACCEPTANCE OF THIS DEED, GRANTEE SPECIFICALLY ASSUMES ALL RISK, COSTS
AND LIABILITIES OF WHATEVER NATURE ARISING OUT OF THE CONDITION OF THE
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PROPERTY.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
GRANTEE:
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for First Bank of
Idaho
By:
Pri nted ame: S IP
Printed W
Its: Attorney In Fact
ACCEPTED AND AGREED TO AND DELIVERY ACKNOWLEDGED ON THIS THE
DAY OF 2010.
By:
Name:
Title:
3
STATE OF
COUNTY OF
This instrument was acknowledged before me on this the day of
2010 by Attorney In Fact, on behalf of the
FEDERAL DEPOSIT INSURANCE CORPORATION acting in the capacity therein stated.
My Commission Expires:
STATE OF
COUNTY OF
My Commission Expires:
GRANTOR'S ACKNOWLEDGEMENT
Notary's Name Printed or Typed
GRANTEE'S ACKNOWLEDGEMENTS
This instrument was acknowledged before me on this day of 2010,
by (name)
(title) of
on behalf of said entity.
4
S ec h v..A4.I)w,di,,
Notary Public
Notary Public
Notary's Name Printed or Typed
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of arwr
On k1� 10 before me, ,A e—a4 -A t a 14u11A;,:
Date
personally appeared
Document Date:
DAN J. CARLTON
COMM. 1818334
NOTARY PUBLIC CALIFORNIA o
ORANGE COUNTY
My comm. expires Oct. 19, 2012
Place Notary Seal Above
Title or Type of Document:
A„..,
cY
Capacity(ies) Claimed by ner(s)
Signer's Name:
Corporate Officer 'itle(s):
Individual
Partner Li ted General
Attorney in F. ct
Trustee
Guardia or Conservator
Other:
Signe s Representing:
Here Insert Name and Title of the Officer
RIGHT THUMBPRINT
OF SIGNER
Top of thum. ere
Name(s) of Signer(s)
p fir.
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) fs are
subscribed to the within instrument and acknowledged
to me that Olslie/41Rey executed the same in
hi Torttheir authorized capacity(ies), and that by
r signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
1
Signatu
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Signatu ?C of Mary Public
Number of Pages:
LSE-
NA NW 4 4 6 4 k t�l�,�,z LoY C5%\ti.S
Signer's Name:
Corporate Officer Title(s):
Individual
Partner Limi °d General
Attorney in Fa•
Trustee
Guardian .r Conservator
Other:
i
Signer s Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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2010 National Notary Association NationalNotary.org 1- 800 -US NOTARY (1- 800 876 -6827)
CIVIL CODE 1189
Item #5907
EXHIBIT "A"
Legal Description
LOT FIVE (5) OF THE SNAKE RIVER JUNCTION FIRST FILING SUBDIVISION RECORDED ON
DECEMBER 15, 2006, AT DOCUMENT NUMBER 925355, MAP NUMBER 294-A IN THE OFFICE
OFTHE CLERK, LINCOLN COUNTY WYOMING.
Property commonly known as: Lot at US Hwy 26 and 89, Alpine, WY 83128
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The Seller does not represent that the above acreage or square footage calculations are correct.