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HomeMy WebLinkAbout957294OR 1 a. ORGANIZATIONS NAME EARL JAMES CACHO, ORGANIZATION- TRADE NAME, TRADE MARK DEBTOR lb. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 1c. MAILING ADDRESS 145 Elkhorn Drive CITY Alpine STATE WY POSTAL CODE 83128 COUNTRY USA ADM INFO RE I le. TYPE OF ORGANIZATION ORGANIZATION DEBTOR 1 DBA if. JURISDICTION OF ORGANIZATION USA lg. ORGANIZATIONAL ID if any NONE OR 2a. ORGANIZATION'S NAME SUSAN RAE CACHO, ORGANIZATION- TRADE NAME, TRADE MARK DEBTOR 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c. MAILING ADDRESS 145 Elkhorn Drive CITY Alpine STATE WY POSTAL CODE 83128 COUNTRY USA ADD'L INFO RE (2e. TYPE OF ORGANIZATION ORGANIZATION DEBTOR I DBA 2f. JURISDICTION OFORGANIZATION USA 2g. ORGANIZATIONAL ID if any VI NONE 3b. INDIVIDUAL'S LAST NAME :Cacho FIRST NAME Earl MIDDLE NAME James SUFFIX 3c. MAILING ADDRESS c/o 145 Elkhorn Drive CITY Alpine STATE wy POSTAL CODE [83128] COUNTRY uSA UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME PHONE OF CONTACT AT FILER [optional] B. SEND ACKNOWLEDGMENT TO: (Name and Address) I Earl James Cacho Susan Rae Cacho c/o 145 Elkhorn Drive Alpine, WY 83128] uSA L J 1. DEBTOR'S EXACTFULL LEGAL NAME insertonlyQedebmrname( laorib donotabbreriateorcombinenames 2. ADDITIONAL OR EXACT FULL LEGAL NAME insert only one debtor name (2a or 2b) do not abbreviate or combine names 3. SECURED PARTY'S NAME (or NAME ofTOTALASSIGNEEofASSIGNORSIP) insertonlyone secured partyname (3aor3b) 3a. ORGANIZATION'S NAME This FINANCING STATEMENT covers the following collateral: Be it known that Earl-James: Cacho Susan -Rae: Cacho has filed a Declaration of Land Patent on the real property described as the following: See Add. Section 14. For Legal Description of said property attached hereto and made part hereof. NO third party having a claim, lien or debt or other equitable interest has made ANY claim. As such, all interested or third parties have waived any and all future claims against said land and it has become the property and alloidal freehold of the assignee, Earl James: Cacho Susan -Rae: Cacho to said Private Land Patent. Any and all claims are now subordinate and inferior to the claim of the Secured Party, Earl James: Cacho Susan -Rae: Cacho. See Exhibit A Declaration of Assignees Update of Patent; Exhibit B Notice and Declaration of Updated Private Land Patent; Exhibit C Proof of Publication of Land Patent; Exhibit D Certified Copy of Land Patent; Exhibit E Legal Description of Portion of Said Lhnd Patent; Exhibit F Memorandum of Law on Rights, Privileges Immunities; Exhibit G Declaration of Homestead attached thereto. Earl James: Cacho Susan -Rae: Cacho has a vested interest in the amount of $237,000.00 in the property described. See Addendum Section 14. All proceeds, products, accounts, fixtures, timber, materials, etc. and the orders therefrom are released to the Debtor. 5. ALTERNATIVE DESIGNATION [if applicable]:nLESSEEILESSOR 1 I CONSIGNEE/CONSIGNOR n BAILEEBAILOR 6. This FINANCING STATEMENT is to be filed [for record[lor recordedr the REAL 7. Check to REQUEST SEARCH REPOR Aar, li 8. OPTIONAL FILER REFERENCE DATA Secure Party: Earl-James: Cac i�2ntial.� RECEIVED 12/23/2010 at 10:11 AM RECEIVING 957294 BOOK: 759 PAGE: 228 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY SELLER/BUYER S) on Debtor(s) do Secure -Party: Susan -Rae: Cac 00u228 ,rr NON -UCC FILING Debtor 2 FILING OFFICE COPY UCC FINANCING S EMENT (FORM UCC1) (REV. 05/22/02) International Association of Commercial Administrators (IACA) OR 11 b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 11 d. ADDt INFO RE Ile. TYPE OF ORGANIZATION ORGANIZATION DEBTOR 1 11f_ JURISDICTION OF ORGANIZATION 1 lg. ORGANIZATIONAL ID if any I I NONE 12. 0 ADDITIONAL SECURED PARTY'S ac u ASSIGNOR SIP'S NAME insert only one name (12a or 1213) 12a. ORGANIZATION'S NAME OR 12b. INDIVIDUAL'S LAST NAME :Cacho FIRST NAME Susan MIDDLE NAME Rae SUFFIX 12c. c/o MAILING ADDRESS 145 Elkhorn Drive CITY AIpine STATE wy POSTAL CODE [831281 COUNTRY uSA 13. This FINANCING STATEMENT covers El limber to be cut or collateral, or is filed as a fixture filing. u 14. Description of real estate: Portion Claimed: LOT 6813 OF ALPINE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN COUNTY, WYOMING AS SHOWN THE PARCEL DIVISION FILED MARCH AS INSTRUMENT #817052 OF RECORDS LINCOLN COUNTY CLERK. APN: 12-3718-18-4-02-010.00 15. Name and address of a RECORD OWNER of above described Of Debtor does not have a record interest): Secured Pa rI- James: Cacho as- extracted 16. Additional collateral description: VILLAGE ON 20,1996 OF THE real estate 17. Check only if applicable and check or_ ly one box. Debtor is a Wil Trust orn Trustee acting with respect to property held in trust or fl Decedent's Estate Secured P Susan -Rae: Cacho J 18. Check gJ if applicable and check only one box. Debtor is a TRANSMfTTING UTILITY II Filed in connection with a Manufactured -Home Transaction �_i �I11 I. Filed in connection with a Public- Finance Transaction Intarnatinnal Association of Commercial Administrators (IACA) AME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT 9a. ORGANIZATION'S NAME EARL JAMES CACHO, ORGANIZATION -TRADE NAME, TRADE MARK DEBTOR 9b. INDIVIDUAL'S LAST NAME MISCELLANEOUS: FIRST NAME MIDDLE NAME,SUFFIX UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. N OR 10. 11. ADDITIONAL DEBTORS EXACT FULL LEGAL NAME insert only one name (1la or 11b)- do not abbreviate or combine names 11a. ORGANIZATION'S NAME SUSAN RAE CACHO ORGAN I Z ATION TRADE NAME, TRADE MARK DEBTOR FILING OFFICE COPY UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05/21/09) OO229 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY Requested and Prepared by: Earl J. Cacho Susan Rae Cacho When Recorded Mail To: EARL J. CACHO SUSAN RAE CACHO c/o P.O. Box 3813 Alpine, Wyoming [83128] Space above this line for recorder's use DECLARATION OF ASSIGNEE'S UPDATE OF LAND PATENT Patent Number: 852536, BLM WYE 0004481 KNOW ALL MEN BY THESE PRESENTS: THAT EARL J. CACHO AND SUSAN RAE CACHO, DO SEVERALLY CERTIFY AND DECLARE, THAT WE BRING UP THIS LAND PATENT IN OUR NAME. (1) The Character Of Said Property So Sought To Be Patented, And Legally Described And Referenced Under Patent Number Listed Above Is: James H. Jordan, Township 37N SE iA SE 'A Ranges 118W, Section 18 of Sixth Principal Meridian. Portion Claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996 AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK. Parcel ID Number: 12- 3718- 18 -4 -02- 010.00 Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128 EXHIBIT A OOv230 (2) Notice of Pre Emptive Right. Pursuant To The Declaration Of Independence [1776], The Treaty Of Peace with Great Britain (8 stat. 80) known as the Treaty Of Paris 1793, an Act Of Congress [3 Stat. 566, April 24, 1824], The Oregon Treaty [9 Stat. 869 June 15,1846], The Homestead Act 12 Stat. 392,1862] and 43 U.S.C. Sections 57, 59, and 83; the recipient hereof is mandated by Art. VI. Sections 1, 2, and 3; Art. IV. Sections I cl. 1, 2; Section 2 cl. 1 2; Section 4; the 4th, 7th, 9th, and 10th Amendments [U.S. Constitution, 1781- 91(j)] to acknowledge Assignee's update of Patent prosecuted by 0Q:v231 authority of Art. III Section 2, cl. 1 2 and enforced by original/exclusive jurisdiction thereunder and it is the only way a perfect title can be had in our names, Wilcox vs. Jackson, 13 Pet. (U.S.) 498, 101. Ed. 264; all questions of fact decided by the general land office are binding everywhere; and injunctions and mandamus proceedings will not lie against it, Litchfield vs. The Register, 9 Wall. (U.S.) 575,191, Ed. 681. This document is instructed to be attached to all deeds and/or conveyances in the names of the above parties as requiring recording of this document, in a manner known as nunc pro tunc [as it should have been done in the beginning], by Order of United States supreme law mandate as endorsed by case .history cited. Notice And Effect Of A Land Patent. A grant of land is a Public Law standing on the statute books of the California, and is notice to every subsequent purchaser under any conflicting sale made afterward; Wineman vs. Gastrell, 54 Fed 819, 4 C.C.A. 596, 2 U.S. App 581. A patent alone passes title to the grantee; Wilcox vs. Jackson, 13 Pet. (U.S.) 498, 10. L. Ed. 264. When the United States has parted with title by a patent legally issued, and upon surveys legally made by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes; Cage vs. Danks, 13, La. Ann. 128. In the case of ejectment, where the question is who has the legal title, the patent of the government is unassailable, Sanford vs. Sanford, 139 U.S. 642. The transfer of legal title (patent) to public domain gives the transferee the right to possess and enjoy the land transferred, Gibson vs. Chouteau, 80 U.S. 92. A patent for land is the highest evidence of title and is conclusive as evidence against the government and all claiming under junior patents or titles, United States vs. Stone, 2 U.S. 525. Estoppel has been maintained as against a municipal corporation (County). Beadle vs. Srnvser, 209 US 393. Until it issues, the fee is in the government, which by the patent passes to the grantee, and he is entitled to enforce possession in ejectment, Bagnell vs. Broderick, 13 Peter (U.S.) 436. State statutes that give lesser authoritative ownership of title than the patent cannot even be brought into Federal court, Langdon vs. Sherwood, 124 U.S. 74, 80. the power of congress to dispose of its land cannot be interred with, or its exercise embarrassed by any state legislation; nor can such legislation deprive the grantees of the united States of the possession and enjoyment of the property granted by reason of any delay in the transfer of the title after the initiation of proceedings for its acquisition. Gibson vs. Chouteau, 13 Wal. (U.S.) 92, 93. al Land Title and Transfer. The existing system of land transfer is a long and tedious process involving the observance of many formalities and technicalities, a failure to observe any one of which may defeat the title. Even where these have been most carefully complied with and where the title has been traced to its source, the purchaser must be at his peril, there always being in spite of the utmost care and expenditure; the possibility that his title may turn out bad; Yeakle, Torrence System. 209. Patents are issued (and theoretically passed) between Sovereigns. (Fighter vs. County Of Gregory, 230 N. W.2d 114, 116.) The patent is prima facie conclusive evidence of title, Marsh 0©4232 vs. Brooks, 49 U.S. 223, 233. An estate in inheritance without condition belonging to the owner and alienable by him, transmissible to his heirs absolutely and simply, is an absolute estate in perpetuity and the largest possible estate a man can have. Being in fact Allodial in its nature, Stanton vs. Sullivan, 63 R.I. 216 7(a) 696. The original meaning of a perpetuity is an inalienable, indestructible interest. (Bouvier's Law Dictionary, Volume III. p. 2570, (1914)). If this land patent is not challenged, as stated above, within 60 days it then becomes my property, as no one else has followed the proper steps to get legal title, the final certificate or receipt acknowledging the payment in full by a homesteader or preemptor is not legal effect a conveyance of land. U.S. vs. Steenerson. 50 Fed 504,1; C.C.A. 552, 4 U.S. App. 332. A land patent is conclusive evidence that the patent has complied with the Act of Congress as concerns improvements on the land, etc., Jankins vs. Gibson, 3 La Ann 203. (5) Law on Rights, Privileges, and Immunities; Transfer by Patentee. "...[t]itle and rights of bona fide purchaser from patentee... will be protected United States vs. Debell, 227 F. 760 (C8 S.D. 1915), United States vs. Beamon, 242 F. 876, (CA8 Colo. 1917); State vs. Hewitt Land Co., 74 Wash. 573, 134 p. 474. from 43 U.S.C. 15, n. 44. As an assignee, whether he is the first, second or third party to whom title is conveyed shall lose none of the original rights, privileges or immunities of the original grantee of land patent. "No state shall impair the obligations of contracts united States Constitution Article I. Section 10. (6) Equal Rights: Privileges and Immunities are Further Protected Under The 14th Amendment to the U.S. Constitution. "no state.... shall deny to any person within its jurisdiction the equal protection of the laws In cases of ejectment, where the question is who has the legal title the patent of the government is unassailable. Sanford vs. Sanford, 139 U.S. 642, 35 L. Ed. 290. In Federal courts the patent is held to be the foundation of title at law. Fenn vs. Holmes, 21 Howard 481. Immunity from collateral attack; Collins vs. Bartlett, 44 Cal. 371; Weber vs. Pere Marquette Boom Co.,62 Mich. 626, 30 N. W. 469; Surget vs. Doe, 24 Miss 118; Pittsmont Copper Co. vs. Vanina, 71 Mont. 44, 227 Pac. 45; Green vs. Barker 47 Neb. 934, 66 N.W. 1032. (7) Disclaimer; assignee's seizen in deed, and lawful entry is inclusive of specifically that certain legally described portion of the original private Land Grant or Patent PL 852536, BLM WYE 0004481 and not the whole thereof, including hereditament, tenements, pre emption rights appurtenant thereto. The recording of this instrument shall not be construed to deny or infringe upon any others right to claim the remaining portion thereof. Any challenges to the validity of this Declaration and Notice are subject to the limitations referenced herein. Additionally; a common courtesy of five (5) weeks' newspaper publication was published as confirmed in the attached certified Proof pf Publication providing for any challenges hereto within sixty (60) days' of the initial date of newspaper publication; otherwise laches /estoppel shall forever bar the same G0v233 against allodial freehold estate; assessment lien theory to the contrary (Ors. 275, 130), included. The following documents are attached to this declaration: (1) Certified Copy of Original Private Land Grant or Patent; (2) Notice and Declaration of Updated Private Land Patent, (3) Certified Copy of Proof of Publication; and (4) Legal Description of Portion of Said Grant or Patent. (5) Declaration of Homestead, which are by reference, made a part hereof as though fully set forth. (Filling/recording and any other fee(s) associated with this document will be tendered in united States coins). Dated: Dated: lr 01 o w STATE OF WYOMING COUNTY OF LINCOLN WITNESS my hand and official seal. Signature 14- ARY PUBLI By Earl J. Cacho, Sovereign Elector Assignee Susan Rae Cacho, Sovereign Elector Assignee CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC On a0 Oec. do /o before me, l,,,E s c-1 u og.6 -/k/ NOTARY PUBLIC, personally appeared Earl J. Cacho and Susan Rae Cacho, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and that by his/her /their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the foregoing paragraph is true and correct. LESLIE V. JORGENSEN NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN MY COMNf15SI0i EXPIRES APRIL 5 2011 (Seal) Requested and Prepared by: Earl J. Cacho Susan Rae Cacho When Recorded Mail To: EARL J. CACHO SUSAN RAE CACHO c/o P.O. Box 3813 Alpine, Wyoming [83128] Space above this line for recorder's use NOTICE AND DECLARATION OF UPDATED PRIVATE LAND PATENT UNITED STATES PRIVATE LAND PATENT NUMBER: PL #852536, BLM #WYE- 0004481 issued on the 1st day of March, 1922 by Warren G. Harding, PRESIDENT OF THE UNITED STATES OF AMERICA. KNOW ALL MEN BY THESE PRESENTS: THAT we, Earl J. Cacho and Susan Rae Cacho do certify and declare, that we bring up this land patent in our name. Private real property so, sought to be patented, and legally described and referenced under private Land Patent Number PL# listed above is: Parcel 1: Portion Claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996 AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK. Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128 APN: 12- 3718- 18 -4 -02- 010.00 (Ot 234 EXHIBIT B Southwest quarter of the southwest quarter of Section seventeen, the southeast quarter of the southeast quarter of Section 18, and the west half of the southeast quarter of the northwest quarter, the west half of the northeast quarter of the northwest quarter, and the northwest quarter of the northwest quarter of Section twenty in Township 37N of Range 118W, of the Sixth Principal Meridian, Wyoming, containing one hundred sixty acres. wOV235 also together with assignment of any and all Rights, Title, Interests, Privileges and Immunities, as assign(ee) of the James H. Jordan Original Patentee or Grantee of PLC# 852536, to that portion of those portions of above described legal description. No claim(s) is made herein that Claimant/Assignee has been assigned the entire tract of land described in the original private land patent listed above. This assignment is inclusive only of the above legal description. The filing of this Declaration of Updated Private Land Patent shall not deny or infringe on any right, privilege or immunity of any other assignee to any other portion of land covered in the above described Land Patent Number PL# 852536. (Filling /recording and any other fee(s) associated with this document will be tendered in united States coins). We, Earl J. Cacho and Susan Rae Cacho, do swear and state that the above is true or is believed, by me to be true and correct to the best of my ability and knowledge. Dated: /07- a o /O By: Dated: /d o JURAT State of Wyoming County of Lincoln CLAIMANT, Earl Cacho Sovereign Elector Assignee By: My commission expires /p a0 (1 Susan Rae Cacho Sovereign Elector Assignee Subscribed and sworn to by Earl J. Cacho and Susan Rae Cacho, before me this day of DeceY1, Dec 2010. Notary Signature q Printed name L� ,SL i F V J o t2C9 -r -.N it EXHIBIT C C0423 S The "Little Chicago" Review Proof Of Publication C "0423"7 THE STATE OF WYOMING )ss. County of Lincoln Charles E. Young first duly sworn deposes and says that he is editor of THE "LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at Kemmerer, Lincoln County, in the State of Wyoming. That the notice, a true copy of which is hereto attached, was published on the 3 e day of ec- t/-e/v>aii ,20 and was published in each succeeding week until the i-4, day of :Ci- �..ed ,20 7C weekly, on Wednesday of each week. That said public being a period of successive weeks 20 /0 Subscribed and sworn to before me, this c://► i- day of /6/ COPY OF NOTICE NOTICE AND DECLARATION OF LAND PATENT NO. #852536 Be it known that Earl J. Cacho and Susan Rae Cacholaso. ed a Declaration of Land Patent on the real property described as the following: Parcel 1: Lot 688 of Alpine Village Subdivision No. 1, Plat .3 Amended Lincoln County, Wyoming as shown on the Parcel Division filed March 20, 1996 as lnstr a nent #817052 of records of the Lincoln County Clerk. Parcel ID Number 12- 3718- 18 -4 -02- 010.00. Which currently has the address of :145 Elkhorn Drive Alpine, Wyoming 83128. If any party having a claim, lien or debt or other equitable interest fails to file a suit in a court of law within sixty (60) days from the date of filing 11-03-10, then they, shall waive any and all future claims against this land and it will become the property ad.alloidal freehold;pf the assignee, Earl J. Cacho and Susan Rae Cacho to said Land Patent. Published in THE LITTLE CHICA- GO REVIEW. KEMMERER, WYOMING. 11/03,10,17,24/12-011/2010 OLGA J. SHIMMIN NOTARY PUBLIC COUNTY OF LINCOLN My ommissIOn Expiros STATE OF WYOMING EXHIBIT D OOu239 CERTIFIED a• true,and comparative ,copy, the official reCord,h, an file 03 4-141 08-4. and '07173. rf i of .rat, glit sit te pasests ranw. WHEREAS. a Certificate of the Reenter of the Lead Office at ;1t/aneton r Wyom ,ng, has been deposited in the Geaeial 1 Ofd, whereby it appears that, pursuant .to he 'Act of ,Congress, of May 20, 1862, "To Secure Homesteads to Actual 'setts ra eii the, 'Pubik Damian,* and the acts seapternental thereto, the claim of J' f» H Jordi n has been established and duly coisemaaauitsd.',' conformity to Idw,:for, the .4 southwest quarter of the southwest :quarto of 'Soot eeverzteen, 'the ineaet quarter of the I southeast tittarter of Beat ion: eighteen, and the, West half of the southeast quarter' of the north* west qua ter, the west half of the northeast tivarter of the northwest q`nar- ter, and the' quarter of the northwest quarter of Seotion twenty in Township thirty seven' north of Range one., hundred, eighteen west o the Sixth Prinei,.pal 11eridian, Wyoming, eantaini-ng one hundred sixty acres, ANNGEMENF according to the Oattclat Plat of.tbe Survny•of the said Laid, returned to the GENERAL LAND OFFICE by. the Surveyor NOW ANOW YE, That thin ii, •gore, griarted by the UNITED STATES'neto the said(ctaimant 1,ge tract of l.at►d'abays deicribedt TO HAVE AND TO HOLD the said, tract dddfff{{f �taad, veldt the entente/lances thereof,.. unto the said caaamint r and to the' hears Made dailies of the.•said claadmasut forever; to say rested and waned water rights for mining, atgricutttiral, aaatwfacturing, r'-i her putposea, and ilghtsto ditchos' and reservoirs used lea coesection with web water ts, as may be recoge: ed and acknowledged by the local t. customs, laws, aedSdeoia�(ons ceuets; and there Is reserved fro* the lands grants n right of .way thereon for ditches or. cants constructed by the 'authority, of the Unite slitatea, IN "TESTIMONY WHEREOF, 1, Warren' G. h*r+.ding President of the United States of America, have caused these letters to be Patent, and the, seal of the .General' Land Otfce to he hereunto affixed: GIVEN under my hind, in the Didtrict of Columbia, the day of MARCH ohm hundred and I TWENTY -TWO United States the eln hundred and; By the Prssadetlta By FIRST in the year of our Lord one thousand and of the •liadependence.af the.. GOv240 Space above this line for recorder's use LEGAL DESCRIPTION OF PORTION OF SAID PATENT EXHIBIT E Parcel 1: Portion Claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996 AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK. Parcel ID Number: 12- 3718- 18 -4 -02- 010.00 Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128 Township 37 North, SE 1 /4 SE 1 /4. Range 118 West. Section 18. Sixth Principal Meridian. 00v241 EXHIBIT F Space above this line for recorder's use MEMORANDUM OF LAW ON RIGHTS, PRIVILEGES AND IMMUNITIES Transfer by patentee... "Title and rights of bona fide purchaser from patentee will be protected" United States v. Debel, (1915, CA8 SD) 227 F 760: United States v. Beaman, (1917, CA8 CO) 242 F. 876; State v. Hewitt Land Co., (1913) 74 Wash. 573, 134 P. 474 from 43 USCS 15, n. 44. AS AN ASSIGNEE, WHETHER HE BE THE FIRST, SECOND OR THIRD PARTY TO WHOM TITLE IS CONVEYED SHALL LOSE NONE OF THE ORIGINAL RIGHTS, PRIVILEGES OR IMMUNITIES OF THE ORIGINAL GRANTEE OF LAND PATENT. The U.S. Constitution says in Article I Sec. 10: "No State shall impair the obligations of Contracts." EQUAL RIGHTS PRIVILEGES AND IMMUNITIES ARE FURTHER PROTECTED UNDER THE 14th AMENDMENT TO THE U.S. CONSTITUTION WHICH SAYS: 'No State shall deny to any person within it's jurisdiction the equal protection of the law." In cases of ejectment, where the question who has the legal title, the Patent of the government is unassailable. Stanford v. Stanford, 139 U.S. 642, 35 L. Ed. 290. In Federal courts, the Patent is held to be the foundation of title at law Fenn v. Holmes., 21 Howard 481. IMMUNITY FROM COLLATERAL ATTACK: Collins v Bartlett, 44 Cal 371; Weber v. Pere Marquette Boom Co., 62 Mich. 626, 30 NW 469; Surget v. Doe, 24 Miss 118: Pittsmont Copper Co. v. Vanina, 71 Mont. 44, 227 Pac. 46, Green v. Barker, 47 Neb. 934 66 NW 1032. "legal title to property is contingent upon the patent issuing from the government. [Sabo v. Horvath, 559 p. 2d 1038, 1040 (aka. 1976)1 "that the patent carries the fee and is the best title known to a court of law is settled doctrine of this court," [Marshall v. Ladd, 7 Wall. (74 U.S.) 106 (186921"a patent issued by the government of united states is legal and conclusive evidence of title to the land described therein, ho equitable interest, however strong, to land described in such patent can prevail at law, against the patent. [Land Patents, Opinions of the United States Attorney General's office. (Sept.1869)] [Hafer v. Melo, 90 681 U. S. (1991)], that held under title 42, United States Code, sec. 1983 suits "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured." Title 18, United States Code, sec. 241 Patent Case Law ALLODIAL TITLE MATTHEWS V, 10 GILL J (MD) 443 WALLACE V. ARMSTEAD, 44 PA. 492 WENDELL V. CRANDALL, 1 N.Y. 491 STANTON V. SULLIVAN 7A. 696 McCARTEE V. ORPHUM'S ASYLUM. 9 COW N.Y. 437,18 AM. DEC. 516 PEOPLE V. RICHARDSON, 269 M. 275,109 N.E. 1033 LAND PATENT SANFORD V. SANFORD 139 US 642 FENN v. HOLMES, 21 HOWARD 481 LOMAX V. PICKERING, 173 US 26 GIBSON V. CHOUTEAU, 80 US 92 WILCOX V. JACKSON 13 PETER (US) 498 UNITED STATES V. STONE, 2 US 525 MINTER V. CROMMELIN, 18 US 87 JOHNSON V. CHRISTIAN 128 US 374 DOE v. AIKEN 31 FED. 393 SARGENT V. HERRICK STEVENS 221 US 404 NORTHERN R.R. CO. V. TRAIL COUNTY, 115 US 600 BEADLE V. SMYSER, 209 US 393 BAGNELL V. BRODERICK, 13 PETER (US) 436 000242 Allodial Title Via Land Patent STEEL V. ST. LOUIS SMELTING REFINING CO. 106 US 417 HOGAN V. PACE 69 US 605 LANGDON V. SHERWOOD 124 US 74 CARTER V. RUDDY 166 US 493 RUDDY V. ROSSI 248 US 104 GOLDING V. SCHUBAC 93 US 32 SAVILLE V. CORLESS 46 US. 495 ECHART V. COMMISSIONERS, C.C.A. 42 F2d 158; 283 US 140 CLEVELAND V. SMITH 132 US 318 PEOPLE V. HINES, 89 P. 858,5 CAL. APP. 122 MITCHELL V. CITY OF ROCKLAND, 45 ME. 496 STATE TREASURER V. WRIGHT 28 ILL 509 WHITAKER V. HALEY 2 ORE. 128 TOWN OF FRANKFORT V. WALDO 128 ME. 1 McCARTHY V. GREENLAWN CEM. 158 ME. 388 CASSIDY V. AROOSTOCK 134 ME. 34 BARKER V. BLAKE, 36 ME. 1 MARSHALL V. LADD 7 WALL 74 US 106 UNITED STATES V. CREEK NATION 295 US 103 UNITED STATES V. CHEROKEE NATION 474 F 2d 628 MARSH V. BROOKS 49 U. S. 223 HOOPER V. SCHEIMER 64 U.S. 23 HOW 235 GREEN V. BARBER 66 N.W. 1032 W ALTON V. UNITED STATES 415 F 2d 121,123 (10th CIR.) 2 000243 Allodial Title Via Land Patent UNITED STATES V. BEAMON 242 F. 876 FILE V. ALASKA 593 P. 2d 268 LEADING FIGHTER V. COUNTY OF GREGORY, 230 N.W. 2d 114, 116 CHISHOLM V. GEORGIA, 2 DALL (U.S.) 419 WILCOX V. CALLOWAY [I WASH. (VA.) 38-41] STATE V.CRAWFORD 441 P. 2d 586590 YOUNG V. MILLER 125 SO. 2d 257,258 BEAVER V. UNITED STATES, 350 F 2d 4 dert denied 387 U.S. 937 STOLL V. GOTTBREHT 176 N.W. 932,45 N.D. 158 REICHERT V. JEROME H. SHEIP. INC 131 SO. 229, 22E ALA 133 SUMMA CORPORATION V. CALIFORNIA ex. rel. STATE LANDS COMMISSION, 80 L.ED 2d 237 OLIPHANT V. FRAZHO 146 N.W. 2d 685 UNITED STATES V. SPRAGUE 282 U. S. 716 UNITED STATES V. REYNES, 9 HOW (U.S.) 127 WISCONSIN C.R. CO. 124 U.S. 74,81 PUTNUM V. ICKES, 78 F.2d 233, CERT. DENIED 296 U.S. 612 KALE V. UNITED STATES 489 F2d 449,454 HOOFNAGLE V. ANDERSON, 20 U. S. (7 WHEAT) 212 THOMAS V. UNION PACIFIC RAILROAD CO. 139 F.SUPP. 588596 STATE V. CRAWFORD 441 P.2d 586590 (ARIZ.APP) WINEMAN V. GASTREL 54 FED, 819,4 CCA 596,1 US APP 581 CAGE V. DANKS 13 LA ANN 128 U.S. V. STEENERSON 50 FED 504,1 CCA 552,4 U.S. APP 332 JENKINS V. GIBSON, 3 LA ANN 203 3 000244 Allodial Title Via Land Patent C'Ov245 Allodial Title Via Land Patent LITCHFIELD V. THE REGISTER, 9 WALL (U.S.) 575,19 LED 681 UNITED STATES V. DEBEL 227 F 760 (C8 sd, 1915) STANEK V. WHITE, 172 MINN. 390,215 N.W.R. 781,784 WARE V. HYLTON, 3 DALL (3 U.S. 199) LOMAS V. PICKERING 173 US 26 43 L. ED. 601 COLOR OF TITLE DINGEY V PAXTON, 50 MISS 1038 EHLE V. QUACKENBOSS 6 HILL NY 537 OAKLEY V. COOK 41 N.J. EQ. 350A.2d 496 DONOVAN V. PITCHER, 53 ALA 411 BIRGE V. BOCK 44 MO APP 69 CONVERSE V. KELLOGG 7 BARB N.Y. 590 BLOCH V. RYAN, 4 AOO CAS, 283 RYNOLDS V. BOREL, 86 CAL. 538 MOORE V. WILLIAMS, 115 N.Y. 586,22N.E. 253 ROBERTS V. BASSETT, 105 MASS 409 WRIGHT V. MATTISON, 18 HOW. (U.S.) 50 JOPLIN BREWING CO. V. PAYNE, 197 NO.422 94 S.W. 896 ST. LOUIS V. GORMAN 29 MO 593 RAWSON V. FOX, 65 ILL 200 DAVID V. HALL, 92 R.I. 85 MORRISON V. NORMAN, 47 ILL 477 McCONNELL V. STREET 17 ILL 253 MAHRENHOLZ V. COUNTY BOARD OF SCHOOL TRUSTEES OF LAWRENCE COUNTY etal. 93 ILL APP 3d 366 DEMPSEY V. BURNS 281 ILL 644 DRYDEN V.NEWMAN, 116ILL 186 HINCKLEY v. GREEN 52 ILL 223 BUSCH V. HUSTON 75 ILL. 343 CHICKERING V. FAILES, 26 ILL. 508 SAFFORD V. STUBBS 117 ILL. 389 HOOW AY V. CLARK 27 ILL. 483 McCELLAN V. KELLOGG 17 ILL 498 GRANT v. BENNETT 96 ILL. 513 MORGAN V. CLAYTON, 61 ILL 35 BRADY V. SPURCK 27 ILL 478 BUTTERFIELD V. SMITH ILL. 111 KENDRICK V. LA TRAM, 25 FLA. 819 HULS V. BUNTIN 4711 —L 396 WALKER V. CONVERSE 148 11—L. 622 PEADRO V. CARRIKER 1 6811 —L 570 CHICAGO V- MIDDLEBROOKE, 143 11—L 265 PIATT COUNTY V. GOODEN, 97 ILL 84 STUBBLEFIELD V. BORDERS 89 ILL 570 THOMAS V. ECKARD, 88 ILL 593. COLEMAN V, BILLINGS, 89 ILL 183 WHITNEY V. STEVENS, 89 ILL. 53 HOLLOWAY V. CLARKE, 27 ILL. 483 BALDWIN V. RATCLIFF 125 ILL. 376 5 3Ju Allodial Title Via Land Patent BRADLEY V. REES, 113 ILL 327 COOK V. NORTON, 43 ILL 391 COUNTY OF PIATT V. GOODELL, 97 ILL 84 SMITH V. FERGUSON, 91 ILL 304 HASSETT V. RIDGELY, 49 ILL 197 BROOKS V. BRUYN, 35 ILL 507 McCLAGG V. HEACOCK, 34 ILL. 476 BRIDE V. WATT, 23 ILL 507 WOODWARD V. BLANCHARD, 16 ILL 424 MARKETABLE TITLE AUSTIN v. BAMUM, 52 MINN. 136 ROBERT V. McFADDEN 32 TEX -CIV. APP 47,74 S.W.105 BARNARD V. BROWN, 112 MICH 452 ORMSBY V. GRAHAM, 123 LA. 202,98 N.W. 724 WICHELMAN V. MESSNER, 83 N.W. 2d 800 CLOSE V. STUYVESANT, 132 ILL 607, 24N.E. 868 CUMMINGS V. DOLAN, 52 WASH. 496 100 P. 989 SABO V. HORVATH, 559 P. 2d 10381040 (AK 1976) DEFECTIVE TITLE HELLER V. COHEN 15 MISC. 378,36 N.Y. S. 668 PLACE V. PEOPLE, 192 ILL 160,61 N .E. 354 COSPERTINI V. OPPERMANN, 76 CAL. 181, 18P. 256 RASCHELL V. PEREZ, 7 TEX, 348 HERMAN V. SOMERS, 158 PA. ST. 42427 A. 1050 6 000247 Aliodial Title Via Land Patent SABO V. HORVATH, 559 P. 2d 1038 PORTER V. BUCK. 335 SO. 2d 369,371 WILD DEEDS THE EXCHANGE NATIONAL BANK V. LAWNDALE NATIONAL BANK, 41 ILL 2d 316,243 N .E. 2d 193, 195 -96 MANSON V. BERKMAN 356 ILL 20, 190 N.E. 77 SCHELLER V TRUSTEES OF SCHOOLS OF TOWNSHIP 41 NORTH 67 ILL APP. 3d 85 MORTGAGE AS A LIEN NOT TITLE UNITED STATES V. CERTAIN INTEREST IN PROPERTY IN CHAMPAIGN COUNTY, STATE OF ILLINOIS 165 F SUPP. 474 FEDERAL FARM MORTGAGE CORP. V. GANSWER 146 NET 635,20 N.W. 2d 689 SOUTH OMAHA BANK V. LEVY 95 N.W. 603 FIRST NATIONAL BANK V. SARGEANT 65 NEB. 39491 N.W. 595 MORRILL V. SKINNER 57 NEB. 164,77 N.W. 375 BARBER V. CROWELL 55 NEB 57173 N.W. 1109 SPEER V. HADDUCK, 31 FREEMAN (ILL) 439,443 UNITED STATES V. UNITED STATES CHAIN COMPANY 212 E SUPP. 171 (N.D. ILL.) COMMON LAW UNITED STATES CONSTITUTION WESTERN UNION TELEGRAPH CO. V. CALL PUBLISHING CO. 181 U.S. 765 ROBBEN V. ()BERING 279 F. 2d 387(7th CIR.) KARLSON V. MURPHY 56 N.E. 2d 839387 ILL 436 MITCHELL HUTCHINS AND CO. 54 N.E.2d 708322 ILL. APP. 409 HEINEMAN V. HARMANN, 52 N.E. 2d 263, 385 ILL. 191 7 UUQ 249 Allodial Title Via Land Patent PEOPLE ex. rel. BOARD OF TRUSTEES OF UNIVERSITY OF ILLINOIS V. BARRETT 46 N.E.2d 951,382 ILL. 321 WILLIAMSON V. WINNINGHAM 86 P, 2d 644, 650 (OKLA.) MISSOURI, KANSAS TEXAS RAILWAY CO. v. KANSAS PACIFIC RAILWAY CO., 97 U.S. 491,497 MARKS V. DICKSON 61 U. S. (20 HOW) 501 COUSIN V. BLANC'S EX., 19 HOW (U.S. 206,209) STATUTES AT LARGE 000249 Allodial Title Via Land Patent THE MAIN PATENT STATUTE IS 3 STAT, 16th CONGRESS, SESS. I CH. 51 (1820) 12 STAT. 392, 37th CONGRESS, SESS II CH. 75 (1850 THE HOMESTEAD ACT) 9 STAT. 520 31" CONGRESS SESS I CH. 85 (1850- MILITARY BOUNTY SERVICE ACT) 8 STAT. 123 29th CONGRESS SESS II CH. 8 (1847- RAISE MILITARY FORCE) 5 STAT. 444 2P CONGRESS SESS II CH. 30 (183]) 4 STAT. 51, 18th CONGRESS, SESS I CH. I74 (1824) 5 STAT. 56, 18t CONGRESS, SESSI CH. 172 (1824) 2 STAT 748 12th CONGRESS, SESS. I CH. 99 (1812) 2 STAT. 716, 12th CONGRESS, SESS. I CH. 68, (1812- GENERAL LAND OFFICE ACT) 2 STAT. 590 11th CONGRESS, SESS. U, CH.3.5. (1810) 2 STAT. 437, 9th CONGRESS SESS. H, CH.34 (1807) 2 STAT. 437, 9th CONGRESS, SESS. H. CH. 34 (1807) [sic, sections U and H above are more likely II] Requested and Prepared by: EXHIBIT G Earl J. Cacho Susan Rae Cacho When Recorded Mail To: EARL J. CACHO SUSAN RAE CACHO c/o P.O. Box 3813 Alpine, Wyoming :[83128] APN: 12-3718-18-4-02-010.00 Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128 000250 Space above this line for recorder's use DECLARATION OF HOMESTEAD 1. We, Earl J. Cacho and Susan Rae Cacho, do hereby declare: 2. That our mailing address for our Homestead is: Portion claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996 AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK. 3. We, hereby declare and claim said premises as a Homestead. 4. No further Declaration of Homestead has been made by us except as has abandoned. 5. See Attachment Exhibit "A DECLARATION OF ASSIGNEE'S UPDATE OF LAND PATENT. Exhibit "D" CERTIFIED COPY OF LAND PATENT. 6. The facts stated in this Declaration are true as of our personal knowledge. Dated: /,2 Dated: 070 /v By; B *See NOTARY ACKNOWLEDGEMENT Attached 4 Cach, eclarant usan Rae Cacho, Declarant STATE OF WYOMING COUNTY OF LINCOLN On bee.. a o t o b e f o r e me, �c S L l E V J o NOTARY PUBLIC, personally appeared Earl J. Cacho and Susan Rae Cacho, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and that by his/her /their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC LESLIE V.JORGENSEN NOTARY PUBLIC k i COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES APRIL 5, 2011 (Seal) 00