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HomeMy WebLinkAbout958532PERSONAL REPRESENTATIVE'S MINERAL DEED 000144 WITHOUT WARRANTY THIS INDENTURE dated March 15, 2011 WITNESSETH: WHEREAS, Michael O. Geesey is the court- appointed Personal Representative of the Estate of Orin G. Geesey, by order of the District Court of the First Judicial District of the State of Wyoming in and for Laramie County, Docket 45, No. 15; WHEREAS, Michael O. Geesey as Personal Representative of the Estate of Orin G. Geesey, Deceased, has heretofore been ordered and authorized by the Court's February 2, 2011 Order Approving Final Report and Accounting and Petition for Distribution to distribute all the rest, residue and remainder of the Estate of Orin G. Geesey whether or not specifically mentioned in the probate proceeding conducted in Laramie County, Wyoming to Michael O. Geesey in his capacity as Successor Trustee of the Orin G. Geesey Revocable Trust dated April 24, 1995; and WHEREAS, there is attached hereto a certified copy of said Order Approving Final Report and Accounting and Petition for Distribution entered by the District Court of the First Judicial District of the State of Wyoming in and for Laramie County, Docket 45, No. 15, on February 2, 2011. NOW, THEREFORE, Michael O. Geesey, the court- appointed Personal Representative of the Estate of Orin G. Geesey, Grantor, for and in consideration of the sum of ten dollars ($10) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey, transfer, assign and deliver unto Michael O. Geesey, Successor Trustee of the Orin G. Geesey Revocable Trust dated April 24, 1995, Grantee, whose address is 5157 Hoy Road, Cheyenne, WY 82009, all of said Estate's interest in the oil, gas, and other minerals in and under and that may be produced from the following described lands, situate in Lincoln County, State of Wyoming, to -wit: See Exhibit "A" attached hereto and incorporated herein by reference in its entirety. This conveyance is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore executed; it being understood and agreed that said Grantee shall have, receive, and enjoy the herein granted interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of any said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantee herein had been at the date of the making of said lease the owner of a similar interest in and to the lands described and Grantee one of the lessors therein. RECEIVED 3/18/2011 at 10 :06 AM RECEIVING 958532 BOOK: 764 PAGE: 144 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantor by payment, any mortgage, taxes, or other liens on the above described land, upon default in payment by Grantor, and be subrogated to the rights of the holder thereof. The undersigned Grantor, for himself and his successors and assigns, hereby waives and releases all rights of homestead in the premises described herein, insofar as said right of homestead may in any way affect the purpose for which this instrument is made, as recited herein. WITNESS my hand this 15th day of March, 2011. STATE OF WYOMING SS COUNTY OF LARAMIE JOHN J. METi K!!. NOTARY PUBLIC S AUNTY OF LARAMIE STATE OF WYOMING MY COMMISSION EXPIRES JUL. 23, 2012 ./7 /C2 .4c MICHAEL O. GEES F, Personal Representative of the Esta e of Orin G. Geesey Subscribed and sworn to before me by Michael O. Geesey, Personal Representative of the Estate of Orin G. Geesey, known to me to be the person described in and who executed the foregoing instrument and acknowledged to me that he duly executed the same as his free and voluntary act and deed for the uses and purposes therein set forth, this 15th day of March, 2011. Witness my hand and official seal. My commission expires: July 23, 2012. 2 000145 EXHIBIT "A" 000146 TO PERSONAL REPRESENTATIVE'S MINERAL DEED WITHOUT WARRANTY An undivided 1/4 interest in and to all minerals, mineral rights, oil, gas, liquid hydrocarbons and all other valuable ores, coal, sand, gravel, substances and deposits of every kind and description whatsoever, in or under the surface of the following described lands, including the right to explore for, develop, produce, mine and remove the same: The Northwest Quarter (NW1 /4) of Section 34, T21N R115W of the 6th P.M., Lincoln County, Wyoming. EXCEPTING THEREFROM the following described parcels: The right of way of the Union Pacific Railroad Company containing an area of 8.271 acres, more or less, as referenced in Deed recorded in the Lincoln County Clerk's Office in Book 25 of Deeds on page 100; AND The land as contained in the Deed to the Oregon Short Line Railroad Company containing 19.93 acres, more or less, recorded in the Lincoln County Clerk's Office in Book 136PR on page 620; AND The land as contained in the deed to the State of Wyoming by and through the State Highway Commission from Theodore D. Duthie and Palmira Duthie containing 21.4 acres, more or less, recorded in the Lincoln County Clerk's Office in Book 22PR on page 48. An undivided 1/8 interest in and to all the minerals, mineral rights, oil, gas, liquid hydrocarbons and all other valuable ores, coal, sand, gravel, substances and deposits of every kind and description whatsoever, in or under the surface of the following described lands, including the right to explore for, develop, produce, mine and remove the same: TOWNSHIP 23 NORTH, RANGE 116 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING: Section 34: Lot 4 Section 35: W1/2SW1 /4, Lots 3, 6, 7 An undivided 1/8 interest in and to all the minerals, mineral rights, oil, gas, liquid hydrocarbons and all other valuable ores, sand, gravel, substances and deposits of every kind and description whatsoever, with exception of coal, in or under the surface of the following described lands, including the right to explore for, develop, produce, mine and remove the same: TOWNSHIP 22 NORTH, RANGE 116 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING Section 2: SW1 /4NE1/4; N1 /2NW1 /4 JOHN J. MT: TZKE, #5 -2257 LINDSAY A. WOZNICK, #6 -3654 Hirst Applegate, LLP 1720 Carey Avenue, Suite 200 P. O. Box 1083 Cheyenne, WY 82003 (307) 632-0541 THE DISTRICT COURT OF Tif FIRST .IUDICIAL DISTRICT OF THE STATE OF WYOMING 1N AND 1'OR LARAMIE COUNTY IN THE MATTER OF THE ESTATE OF ORIN G. GEESEY, Deceased. DOCKET 4.5, NO. X15 1 1 1 r Thomas G. Geesey, so'n, adult 1010 S. Josephine Street Denver, CO 80209 Patricia L. Felton, daughter, adult. 1 109 35111 Street Court N.W. Gig Harbor, WA 98335 -1552 James 1\'l. Geesey, son, adult 2419 Dover Laramie, WY 82070 FILE 000147 FEB 02 2011 SANDY LANDERS CLERK OF THE DISTRICT COURT ORDER APPROVING FINAL REPORT AND ACCOUNTING AND PETITION FOR DISTRIBUTION The Final Report and A.ccounting and Petition for Distribution by Michael O. Geesey, Personal Representative of the Estate of Orin G. Geesey, comes before the Court according to law, and notice having been duly waived as specifically provided for by Wyo. Stat. 2- 7- 205(b), and it appearing that no objections to said Final Report and Accounting and Petition for- Distribution having been filed herein, and the Court having fully considered all the evidence and pleadings on file herein, and being duly advised by counsel for the Personal Representative this Court finds as follows: Orin G. Geesey died on the 10th day of August, 2010, in Cheyenne, Laramie County, Wyoming, and was domiciled in and a resident of Laramie County, Wyoming, leaving assets subject to administration therein. 2. Orin G. Geesey died testate and the Last Will and Testament of Orin G. Geesey was duly admitted to probate on September 8, 2010, and Michael O. Geesey then became the duly appointed, qualified and acting Personal Representative of this Estate and he has been such ever since. 3. Orin G. Geesey was not married at the time of his death. �l. Orin G. Geesey left: as his heirs and devisees, the following: Michael O. Geesey, son, adult 5157 lloy Road Cheyenne, WY 82009 Pamela Marie Geesey, daughter, adult f /k/a Pamela M. Albert 2390 Clearview Drive Glenshaw, PA 15116 Michael O. Geesey, Successor Trustee of the Orin. G. Geesey Revocable Trust dated April 24, 1995 51 Iloy Road Cheyenne, WY 82009 5. The Estate owned no real estate subject to probate at the time of the death of Orin G. Geesey. 6. No distributee of this Estate is under any legal disability. 7. The Inventory was duly made and filed herein on January 5, 2011. 8. A Report of Appraisal of Values of Estate Assets Pursuant to Wyo. Stat. 2- 7- 404(a) was duly made and filed herein on January 5, 2011. 9. Notice of Probate has been mailed to the heirs and devisees of Orin G. Geesey and has been published and proof thereof filed herein according to law. 10. A Notice of Compliance with Wyo. Stat. 2 -7 -205, regarding statutory notice to creditors, was filed herein on January 5, 2011. No creditor claims were filed in this proceeding. 11. An Accounting of the monies and personal property corning into the hands of the Personal Representative has been waived by the sole beneficiary as shown by the Waiver of Notice, Waiver of Accounting and Consent to Approval of Final Report filed herein. 12. The Personal Representative remains charged with, subject to payment of administration expenses and taxes, the personal property of the Estate of Orin G. Geesey, Deceased, as listed in the Inventory and Report of Appraisal of Values of Estate Assets filed herein, with the exception of the 2005 Lincoln 4 Door Sedan which was sold by Spradley Barr Motors netting the Estate $13,000. 13. No Federal Estate Tax return need be filed and no Federal Estate Tax will be due from this Estate. No Wyoming Estate Tax will be due as indicated on the Certificate of No Tax Due filed herein. Any required income tax returns have been filed on a timely basis by the Personal Representative. There are no other federal, state, county or municipal taxes legally levied upon the property of the Estate or due on account of the Estate or death of the Decedent which are due and /or have not been fully paid as required by Wyo. Stat. 2 -7 -812. 14. Reasonable compensation should be allowed to Michael O. Geesey, Personal Representative for this Estate, and his attorneys, Hirst Applegate, LLP, for their services in accordance with the Wyoming Statutory Fee Schedule. Hirst Applegate LLP should also be allowed reimbursement for all court costs and expenses of administration which have been advanced or incurred or which may come due hereafter. 0661'48 15. The Personal Representative proposed distribution of the Estate according to the Last Will and Testament of Orin G. Geesey as follows: Michael O. Geesey, Successor Trustee of the Orin G. Geesey Revocable Trust dated April 24, 199.5: 2. 1. 259 Shares of the Common Stock of Ma.verik, Inc. 2. 3 OO &149 All of the rest, residue and remainder of the Estate of Orin G. Geesey whether or not mentioned in this probate proceeding. 16. Notice of Final Settlement of the Estate, in the statutory form as set forth in Wyo. Stat. 2 -7 -204, has been waived by all parties interested in this Estate, as shown by the Waiver of Notice, Waiver of Accounting and Consent to Approval of Final Report filed herein by the sole beneficiary of this Estate. This Court has jurisdiction of the subject .matter hereof and of all beneficiaries, devisees, heirs and persons interested in the Estate of Orin G. Geesey. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS. 1. The Final Report and Accounting and Petition for Distribution by Michael O. Geesey, Personal Representative, is hereby approved and confirmed and all of his acts during the administration of this Estate, evidenced by the reports, papers and pleadings on file herein, hereby are approved and confirmed. The Personal Representative shall pay to himself for his services as Personal Representative of the Estate of Orin G. Geesey the sum of $5,240.93. 3. The Personal Representative shall pay to Ilirst Applegate, LLP, attorneys for the Personal Representative, the sum of $5,240.93. The Personal Representative shall also pay all court costs and expenses of administration advanced or incurred by Ilirst Applegate, LLP or which may come due hereafter. 3. No Federal Estate Tax Return need be filed and no Federal Estate Tax will be due from this Estate. No Wyoming Estate Tax will be due as indicated on the Certificate of No Tax Due filed herein. 4. There are no other federal, state, county or municipal taxes legally levied upon the property of the Estate or due on account of the Estate or death of the Decedent which are due and /or have not been fully paid as required by Wyo. Stat. 2 -7 -812. 5. There hereby is distributed according to the Last Will and Testament of Orin G. Geesey, Deceased, the Estate and all property of Orin G. Geesey, Deceased, as follows: 1. 259 Shares of the Common Stock of Maverik, Inc. 2. Dated: January Il 2011. 51 MICHAEL K. DAVIS DISTRICT COURT JUDGE By (u a.50 Michael O. Geesey, Successor Trustee of the Orin G. Geesey Revocable Trust dated April 24, 1995: All of the rest, residue and remainder of the Estate of Orin G. Geesey whether or not mentioned in this probate proceeding. :;TAiE OF WY0 f0tItrY LARAMIE SS CHEYENNE I Sends Landes rk tt OiStn j,GoUrj in and fo'the- Co.,1∎ of 1S''" e. Wyfoming,'€td hereby cg�rtliy that th *in aid t: •ego g •_,j and corre_t dopy' •the onginaf, d e•enf as„ the same appeal. gtd file or Of reet5 i y e and'sW a same is to full hr etttnd effegt'aS of kf F. Wanes my han afaN sea gf%said ixrutf ths s i s Mf MIL SN15Y Clerk cif 'CI