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HomeMy WebLinkAbout959618When Recorded, Return To: James F. Wood, Esq. Stoel Rives LLP 4766 South Holladay Blvd. Holladay, Utah 84117 STATE OF UTAH COUNTY OF SALT LAKE AFFIDAVIT OF SUCCESSOR TRUSTEE "The William Morris Dale and Lynnette B. Dale Trust" u/t /a dated February 29, 1980 ss. RECEIVED 6/13/2011 at 11 :09 AM RECEIVING 959618 BOOK: 767 PAGE: 820 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000820 AMY D. SCHULZ, a /k/a Amy J. Schulz and Amy Jo Dale Schulz "Affiant being first duly sworn, states and represents as follows: 1. Affiant is the currently serving successor Trustee of "The William Morris Dale and Lynette B. Dale Trust" u /t/a dated February 29, 1980 (hereafter the "Dale Trust 2. The Dale Trust is the Grantee under that certain Quit -Claim Deed recorded March 6, 1980, as Entry No 537153, Book 164PR, Page 9, in the office of the Lincoln County Recorder, State of Wyoming, of certain real property situate in Lincoln County, Wyoming (hereinafter "Dale Trust Property more particularly described as follows: Part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section Twenty -Three (23) in Township Thirty -One (31) North, Range One Hundred Nineteen (119) West of the Sixth Principal Meridian, to wit: Beginning at Corner No. One (1) of said tract, which is 424 feet South of the Northwest Corner of said Section 23, Township 31, North, Range 119 West of Sixth Principal Meridian, and running from said Corner No. 1 North 64 °35' East 608.5 feet, to Corner No. Two (2); thence South 22 °37' East 49.5 feet, to Corner No. Three (3); thence North 67 °23' East 82.5 feet, to Corner No. Four (4); thence North 22 °37' West 57.0 feet, to Corner No. Five (5); thence North 74 °24' East 259.0 feet, to Corner No. Six (6); thence South 18 °07' East 331.5 feet, to Corner No. Seven (7); thence South 82 °18' West 242.0 feet, to Corner No. Eight (8); thence North 14 °18' West 99.5 feet, to Corner No. Nine (9); thence South 69 °29' West 759.5 feet, to Corner No. One (1), the place of beginning, being an irregular shaped parcel of land, containing Four and Four tenths (4.4) acres of land, together with improvements and water rights. 3. William Morris Dale and Lynnette B. Dale were the Trustees of the Trust on the date of recording of the above referenced Quit -Claim Deed. 000821 4. On or about November 7, 2003, a Quit -Claim Deed was recorded as Entry No. 895133, Book 541, Page 194, in the office of the Lincoln County Recorder, State of Wyoming, wherein WILLIAM M. DALE and LYNNETTE B. DALE, husband and wife, of Salt Lake City, Utah, purported to transfer the Dale Trust Property to Affiant and her husband, Peter Schulz. However, the Quit -Claim Deed was incorrect in that it should have listed the Grantors as WILLIAM MORRIS DALE and LYNNETTE B. DALE, in their capacity as Trustees of the Dale Trust. 5. To correct this inadvertent error, a Corrected Quit Claim Deed has been prepared for recording and is attached hereto and incorporated herein as Exhibit "A" and will be filed contemporaneous with the recording of this Affidavit. 6. Since the date of recording of the original Quit -Claim Deed, William Morris Dale has died, Lynette B. Dale and William Morris Dale have resigned as Trustees, as evidenced by that certain "Resignation of Trustees and Appointment of and Acceptance by Successor Trustee" dated February 17, 2010, and under the terms of the Trust, Affiant has succeeded to the position of current Trustee of all trusts created under the terms of the Trust. 7. The purpose of this Affidavit is thus to explain the inadvertent error in the description of the Grantors in the previously recorded Quit -Claim Deed, to acknowledge and evidence the death of William Morris Dale, thereby removing him as a Trustee of record, and to acknowledge the succession of Affiant, AMY D. SCHULZ, as successor Trustee of all trusts created under the terms of the Trust for the purpose of all future filings and recordings of record pertaining to the Dale Trust Property, and to correct the improper filing of the Quit Claim Deed dated November 7, 2003 as Entry No 895133, Book 541, Page 194 by submission of the corrected deed attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Affidavit of Successor Trustee effective as of the 6 day of June, 2011. `'ti AMY BETH MARSHALL NOTARY PUBLIC STATE of UTAH it ii i 291 W. FXECUTIVE PARKWA .........;'r;+' LEHI, UT 84043 COMM. EXP. 03 -16 -20 t 12 AFFIANT: On the 6 day of June, 2011, personally appeared before me AMY D.SCHULZ, the Affiant named in the foregoing Affidavit, who being by me first duly sworn, acknowledged to me that she executed the same and that the statements contained therein are true to the best of her knowledge and belief. NOTARY BLIC 2 EXHIBIT "A" Corrected Quit Claim Deed 3 000822 When Recorded, Return To: James F. Wood, Esq. Stoel Rives LLP 4766 South Holladay Blvd. Holladay, Utah 8411 Mail Tax Notices To: Amy D. Schulz 1767 Oakridge Drive Salt Lake City, Utah 84106 AMY D. SCHULZ, Trustee of "The William Morris Dale and Lynnette B. Dale Trust" u /t /a dated February 29, 1980 "Grantor hereby Quit Claims to Amy D. Schulz "Grantee having a mailing address of 1767 Oakridge Drive, Salt Lake City, Utah 84106, for the sum of Ten and No /100 Dollars ($10.00), and other good and valuable consideration, all of her interest in the following described real property situate in Lincoln County, Wyoming: WITNESS the hand of said Grantor this 6 day of June, 2011. STATE OF UTAH COUNTY OF UTAH AMY BETH MARSHALL VOTARY PUBUC STATE of UTAH T 2912 W. FXECUTIVE PARKWAY LEHI, UT 84043 COMM. EXP. 03 -16 -2012 QUIT CLAIM DEED (CORRECTED) SEE LEGAL DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO ss. THE WILLIAM MORRIS DALE AND LYNNETTE B. DALE TRUST Amy D.Cchulz, Trustee On the 6 day of June, 2011, personally appeared before me, AMY D. SCHULZ, in her capacity as Trustee of "The William Morris Dale and Lynnette B. Dale Trust", the signer of the within instrument, who duly acknowledged to me that she executed the same. NOTAR PUBLIC THIS CORRECTED DEED is recorded to correct an inaccuracy with regard to the named Grantors for the above described parcel as it appeared on that certain Quit Claim Deed executed on November 21, 2001 and recorded on November 7, 2003 as Entry No. 895133, Book 541, Page 194. 000823 EXHIBIT "A" Quit Claim Deed (Corrected) 000824 Part of the Northwest Quarter of the Northwest Quarter (NW '/a NW V4) of Section Twenty -Three (23) in Township Thirty -One (31) North, Range One Hundred Nineteen (119) West of the Sixth Principal Meridian, to wit: Beginning at Corner No. One (1) of said tract, which is 424 feet South of the Northwest Corner of said Section 23, Township 31, North, Range 119 West of Sixth Principal Meridian, and running from said Corner No. 1 North 64 °35' East 608.5 feet, to Corner No. Two (2); thence South 22 °37' East 49.5 feet, to Corner No. Three (3); thence North 67 °23' East 82.5 feet, to Corner No. Four (4); thence North 22 °37' West 57.0 feet, to Corner No. Five (5); thence North 74 °24' East 259.0 feet, to Corner No. Six (6); thence South 18 °07' East 331.5 feet, to Corner No. Seven (7); thence South 82 °18' West 242.0 feet, to Corner No. Eight (8); thence North 14 °18' West 99.5 feet, to Corner No. Nine (9); thence South 69 °29' West 759.5 feet, to Corner No. One (1), the place of beginning, being an irregular shaped parcel of land, containing Four and Four tenths (4.4) acres of land, together with improvements and water rights.