HomeMy WebLinkAbout961066THIS INSTRUMENT WAS PREPARED BY,
AND WHEN RECORDED SHOULD BE
RETURNED To:
Holland Hart UP
25 South Willow Street
P.O. Box 68
Jackson, WY 83001-0068
twoww,
&Title
NON-MERGER DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS that Salt River Ranch, LLC, a
Wyoming limited liability company ("Grantor"), for and in consideration of good and
valuable consideration, hereby gives, grants, bargains, sells, releases, conveys, assigns
and warrants to Bank of Jackson Hole, a Wyoming corporation, located at 990 West
Broadway, Jackson WY 83001 ("Grantee"), the real property situated in Lincoln
County, State of Wyoming (the "Premises"), m.ore particularly described in Exhibit A
attached hereto, together with all of Grantor's right, title, interest and equity, including
its equitable and statutory right of redemption.
GRANTOR covenants with Grantee that the former is now seized in fee simple
of the Premises and that the latter shall enjoy the Premises free of all encumbrances, but
subject to: (i) reservations, restrictions, condition.s, covenants, easements,
rights-of-way of record, and encroachments ascertainable by physical inspection, if any,
(ii) the Real Estate Mortgage dated January 12, 2007, and recorded January 23, 2007, as
Document No. 0926266, in Book 646, pages 809-821, in the office of the Clerk and
Recorder of Lincoln County., Wyoming, (the "Mortgage"), (iii) other encumbrances of
record disclosed in that certain title insurance commitment dated August 26, 2011,
issued by Land Title Company under Order No. 63456, and (iv) all special and general
taxes and assessments currently owing and which will become owing in the year 2011
and subsequent years.
TOGETHER WITH all of the rights and privileges of Grantor in the Premises,
and all of the tenements, hereditaments, appurtenances and improvements, thereupon
belonging or otherwise appertaining, or thereto incident, the rents, issues, and profits
thereof.
TO HAVE AND TO HOLD the conveyed Premises, all and singular, together
with all the rights, privileges, tenements, hereditaments, appurtenances and
improvements, thereupon belonging, or otherwise appertaining, or thereto incident,
including, without limitation, the rents, issues, and profits thereof and ail water rights
appurtenant thereto, unto said Grantee, and to its successors and assigns, to its own use
and benefit FOREVER as an INDEFEASIBLE ESTATE IN FEE SIMPLE ABSOLUTE.
This Deed is an absolute conveyance of title, in effect as well as in form, and is not
intended as a mortgage, trust conveyance or security interest of any kind.,
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RECEIVED 9/20/2011 at 11:08 AM
RECEIVING 961066
BOOK: 773 PAGE: 80
JEANNE WAGNER
LINCOLN COUNTY CI FRK KFIVIMFRFR 1A/V
IT IS THE SPECIFIC INTENT OF GRANTOR AND OF GRANTEE, as
evidenced by Grantee's acceptance of this Deed, that this Non-Merger Deed in Lieu of
Foreclosure shall not merge with and shall not cause a termination or discharge of the
Mortgage, and shall not cause a termination, satisfaction, novation or discharge of the
indebtedness secured by the Mortgage, and the Hen and interests granted in the
Mortgage shall survive the execution, delivery and a recording of this Deed.
DATED as of the (4p__ day of September, 2011.
SALT RIVER RANCH, LLC
By:
STATE OF
ss.
COUNTY OF Cilirtikee.-)
OA-
This instrument was acknowledged before me on September /0 2011, by
Edward L. Terry, as sole Member and Manager of Salt River Ranch, LLC.
(Seal, if any)
Edward L. Terry
Its sole Membe 4
2
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a ager
4gyr n a dill of notarial officer)
Ivly commission expires: 04/d7 ola
0 0 0 0 8 1
EXHIBIT A
LEGAL DESCRIPTION
Attached
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EXIIIBIT "A"
PARCEL F: The tract of land in Lots 2, 3, 4, the Southwest Quarter of the Northeast Quarter (SW 'A NE 'A),
and the Southeast Quarter (SE of Section 9, Township 36 North, Range 119 West, 6` P.M,, Lincoln County,
Wyoming, described in the Warranty Deed recorded in Book 184 PR, Page 538, in the Office of the Clerk of
Lincoln County, Wyoming, and redescribed as follows, based on a 1991 field survey:
BEGINNING at a 2" diameter iron pipe with brass cap marking the Southwest corner of said Section 9;
Thence North 00 °43'57" West, 2,951.08 feet along the Wyoming -Idaho State line to an 2" diameter alurninum pipe
with cap marking an Idaho closing corner;
Thence continuing along said State line North 00 °46'57" East, 139.28 feet to a point;
Thence North 83 East, 344,92 feet along the South line of Lot 15, Alpine Retreat Subdivision No. 1
(recorded as Plat No. 102 in said Clerk's Office) to a point marking the Southeast corner of said Lot 15;
Thence Southeasterly, 492.36 feet, along the right -of -way line of Alpine Meadow Loop, coincident with the
Southwesterly line of said Alpine Retreat Subdivision No, 1, following a curve, concave to the Northeast, having
a Radius of 260.00 feet, and subtended by a Chard of South 60 °45'00" East, 422.02 feet, to a point of reverse
curie;
Thence continuing along the South right-of-way line of said .Alpine Meadow Loop, coincident with a Southerly
line of the Amended Alpine Retreat Subdivision No. 2 (recorded as plat No. 104 in said Clerk's Office),
Easterly, 225.61 feet, following a curve, concave to the South, having a Radius of 349.37 feet, and subtended by
a Chord of North 83 °30'00" East, 221.71 feet to a point;
Thence continuing along said right- of-way line and Southerly subdivision line, South 78 °00'00" East, 8.40 feet to a
point of curvature;
Thence continuing along said right-of-way line and subdivision line, Southeasterly, 34.86 feet, following a curve
concave to the Southwest, having a Radius of 25.00 feet and subtended by a Chord of South 38 03'07" East,
32.10 feet to a point of reverse curve in the West right -of -way line of Forest Drive;
Thence along the West right-of-way line of said Forest Drive, coincident with the West line of said Alpine Retreat
Subdivision No. 2, Southerly, 88.02 feet, following a crave concave to the East having a Radius of 260.00 feet
and being subtended by a Chord of South 07 °48'07" East, 87.60 feet;
Thence continuing along said right -of -way line and subdivision line, South 17 °30'00" East, 753.17 feet to a point;
Thence North 72 °30'00" East, 50,00 feet along the Southern right-of-way line of said Forest Drive, coincident with.
a Southerly boundary of said Alpine Retreat Subdivision No. 2, to a point;
Thence North 17 °30'00" West, 78,16 feet along the East right -of -way line of said Forest Drive, coincident with an
Easterly boundary of said Alpine Retreat Subdivision No. 2, to a point marking the Southwest corner of' Lot 14
of said Alpine Retreat Subdivision No. 2;
Thence North 73 °30'00" East, 290.06 feet to a point marking the corner between lots 14 and 28 of said
subdivision;
Thence North 75 °10'17" East, 285.58 feet to a point marking the Southeast corner of said Lot 28;
Thence South 00'03'04" East, 965.08 feet to a point;
Thence South 89 °30'53" East, 734.96 feet to an intersection with the West line of the parcel excluded from said
Warranty Deed recorded in Book 184 PR, Page 538;
Thence South 01 °30'01" East, 124.45 feet along the West line of said excluded parcel to the point of curvature;
Thence continuing along said West line, Southerly, 63.63 feet along a curve concave to the West having a Radius
of 810.00 feet and being subtended by a Chord of South 00 °45'00" West, 63.61 feet to a point from which the
East Quarter (E corner of said Section 9 is 1,470.62 feet North and 836.61 feet East;
Thence South 85 °30'01" East, 250.98 feet along the South line of said excluded parcel
Thence North 25 °55'51" East, 227.64 feet along the East line of said excluded parcel;
Thence South 89 °30`53" East, 306.72 feet to a point approximately 50 feet East of the Eat bank of the Salt River;
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Thence parallel with, and 40 feet East of the meander of the East Bank of the Salt River, secondarily described by
the following eight (8) courses:
South 26 °05' 19" West, 385.84 feet;
Thence South 18 °47'55" West, 98.23 feet;
Thence South 37°19'46" West, 255.65 feet;
Thence South 28 °07'34" West, 192.54 feet;
Thence South 64°50'10" West, 124.60 feet;
Thence South 27 °07'34" West, 152.40 feet;
Thence South 16 °08'22" East, 292.14 feet;
Thence South 55 °59'02" West, 165.09 feet to a point on the South line of said Section 9;
Thence South 89 °46'38" West, 1,780..01 feet along said South line to an iron pipe with brass cap marking the
South Quarter (S corner of said Section 9;
Thence continuing along the South line of said Section 0 South 89 44'49" West, the base bearing for this
description, 669 -79 feet to the Point Of Beginning,
LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as
Lot 3 of FOREST RIVER RESERVE SUBDIVISION PHASE 1, Lincoln County, Wyoming, as shown on the
official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln
County, Wyoming, as Plat No, 943952,
PARCEL 2; A part of Section 9, Township 36 North, Range 119 West, 6' Principal Meridian, Wyoming,
BEGINNING at a point on the West right -of -way line of Kibbic Parkway which point lies South 1,275.69 feet and
West 889.03 feet from the Bust Quarter (E 'A) corner of said Section 9, and running thence West 415.88 feet to a
point on a curve on Lot 38;
Thence along said curve Northerly and to the Left on a Radius 01 225,00 feet a distance 01 196.49 feet;
Thence North 51°00'00" East, 246.97 feet;
Thence South 39 °00'00" East, 74.23 feet;
Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet;
Thence South 89 °30'00" East, 15 feet;
Thence Southward on a 25 foot Radius curve to the right a distance of 39,27 feet;
Thence South 01'30'00" West, 176.89 feet to the Point Of Beginning,
PARCEL 3: A Sixty (60) foot right -of way Kibbie Parkway) being located Thirty (30) feet each side of the
following described Centerline;
BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West end of the Salt River Bridge, which
lies South 295.73 feet and West 844,51 feet from the East Quarter (E corner of Section 9, Township 36
North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius
curve to the Left 304.73 feet to a point of tangency;
Thence South 25 °30'00" East, 175,00 feet to a point of curve;,
Thence Southeasterly along a 280.00 foot Radius curve to the Right 131,95 feet to a point of tangency;
Thence South 01 °30'00" West, 446,89 feet to the End of the Sixty foot right-of-way.
PARCEL 4: ALSO a Fifty (50) foot right -of -way (Caribou Forest Drive) being located Twenty -Five (25) feet
each side of the following described Centerline:
BEGINNING at a point (the intersection of Kibbic Parkway and Caribou Forest Drive) which lies South 1,049 67
feet and. West 853.10 feet from the East Quarter (E corner of Section 9, Township 36 North, Range 119 West,
6' P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve;
Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 .feet to a point of tangency;
"Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right-of-way.
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PARCEL 5; BEGINNING at the Southeast (SE) corner of Lot 28 of Alpine Retreat Subdivision No. 2 a part of
the East Half of the Southeast Quarter (E SE f) of Section 9, Township 36 North, Range 119 West, Sixth
Principal Meridian, Wyoming and running thence Northwesterly along a 645 foot Radius curve to the Right a
distance of 31.84 feet;
Thence North 78 °00'00" East, $0 feet;
Thence North 12 00'00" West, 80 feet;
Thence North 78 °00'00" East, 240 feet;
Thence South 12 00'00" East, 80 feet;
Thence South 23 24'00 "f East, 250 feet
Thence North 87 °30'00" East, 203,27 feet;
Thence Northeasterly along a 210 foot Radius cut ve to the Right 97.67 feet, along a 60 foot road right of-way line;
Thence North 54°44'41" West, 210.62 feet;
Thence North 37 27'00" East, 186 feet;
`Thence South 52 33'00" East, 195 feet;
Thence South 07 °00'00" East, 73.28 feet to a 60 foot wide access road right -of -way line;
Thence East along the North right-of-way line of an existing county road I40 feet, more or less, to a point 50 feet
East of the East bank of the Salt River;
Thence Southerly, 1320 feet, more or less, along a line parallel to and 50 feet East froth the East bank meander line
of said river;
Thence West, 1320 feet, more or less;
Thence North, 970 feet, more or less, to the Point Of Beginning.
LESS AND EXCEPTING the following described property:
BEGINNING at a point which lies West 995.02 feet and South 438.00 feet, more or less, from the East Quarter (E
comer of Section 9, Township 36 North, Range 119 West, Sixth Principal Meridian, Wyoming, said point
being on the West aright -of -way of Kibbie Parkway, and running thence Southerly along a 210.00 foot Radius
curve to the Left a distance of 125.01 feet;
Thence South 25 °30'00" East, 96.42 feet;
Thence West, 262.68 feet
Thence North, 200.00 feet;
Thence North 87 °30'00" East, 203.27 feet, to the Point Of Beginning.
ALSO LESS AND EXCEP'T'ING the following described property:
A part of Section 9, Township 36 North, Range 119 West, 8`' Principal Meridian, Wyoming.
BEGINNING at a point on the West right -of -way line of Kibbie Parkway which point lies South 1,275,69 feet and
West 889.03 feet from the East Quarter (E'/) corner of said Section 9, and running thence West 415.88 feet to a
point on a curve on Lot 38;
Thence along said curve Northerly and to the Left on a Radius of 225.00 feet a distance of 196.49 feet;
Thence North 51°00'00' .East, 246,97 feet;
Thence South 39 °00'00" East, 74.23 feet;
Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet;
Thence South 89 30'00" East, 15 feet;
Thence Southward on a 25 foot Radius curve to the right a distance of 39.27 feet;
Thence South 01'30'00" West, 176.89 feet to the Point Of Beginning.
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ALSO LESS AND EXCEPTING the following described property:
A Sixty (60) foot right -of -way (Kibbie Parkway) being located Thirty (30) feet each side of the following
described Centerline:
BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West end of the Salt River Bridge, which
lies South 295.73 feet and West 844.51 feet from the East Quarter (E /4) corner of Section 9, Township 36
North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius
curve to the Left 304.73 feet to a point of tangency;
Thence South 25 °30'00" East, 175.00 feet to a point of curve;
Thence Southeasterly along a 280,00 foot Radius curve to the Right 131.95 feet to a point of tangency;
Thence South 01°30'04" West, 44689 feet to the End of the Sixty foot right -of -way.
ALSO LESS AND EXCEPTING the following described property:
ALSO a Fifty (50) foot right-of-way (Caribou Forest Drive) being located Twenty -Five (25) feet each side of the
following described Centerline:
BEGINNING at a point (the intersection of Kibbie Parkway and Caribou Forest Drive) which lies South 1,049.67
feet and West 853.10 feet from the East Quarter (E 'i4) corner of Section 9, Township 36 North, Range 119 West,
6 P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve;
Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 feet to a point of tangency;
Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right-of-way.
LESS AND EXCEPTING PORTIONS OF THE ABOVE DESCRIBED PARCEL which are now known as
Lots 1 and 2 of FOREST RI'S'ER RESERVE SUBDIVISION —PHASE I, Lincoln County, Wyoming, as shown
on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of
Lincoln County, Wyoming, as Plat No. 943952.
LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as
Lot 4 of FOREST RIVER RESERVE 2 FILLING, Lincoln County, Wyoming, as shown on the official plat
thereof filed November 20, 2009, as Receiving No. 950693, in the. Office of the Clerk of Lincoln. County,
Wyoming, as Plat No, 950693.
ALSO LESS AND EXCEPTING Lot 1 of FOREST RIVER RESERVE SUBDIV ISION PHASE 1, Lincoln
County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the
Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952.
ALSO LESS AND EXCEPTING the property described in that certain Partial Release of Mortgage filed as
Receiving No. 955377, in Book 753 PR, on Page 342, described as follows:.
That part of the Southeast Quarter of the Southeast Quarter (SE SE of Section 9, Township 36 North, Range
119 West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln
County in Book 474 of Photostatic Records on Page 624 and part of that tract of record in said Office in Book
558 of Photostatic Records on Page 408, •described as follows:
BEGINNING' at a point on the Easterly right -of -way line ofKibbie Parkway, North 40 °49'05" West, 1,282.72 feet,
from the Southeast corner of said Section 9, at the beginning of a non tangent circular curve to the Right, whose
Radius bears North 84 °00'04" West;
Thence Northeasterly, 63.62 feet, along the arc of said curve and along said right -of -way line, through a central
angle of 4 30'00 with a Radius of 8.10.00 feet, and a chord bearing North 03 °44'56" East, 63.60 feet;
Thence North 01°29'56" East, 195.00 feet, along said right -of -way line, to a point;
Thence South 88 °30'04" East, 452.26 feet, to a position on the thread of the Salt River;
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Thence South 27°3812" West, 315.68 feet, along said thread, to a position;
Thence North 84°00'05" West, 316.67 feet, to the Point Of Beginning.
The Base Bearing for this survey is the East line of the SE ',4 of Section 9, Township 36 North, Range 119 West,
being South 00°0442" West.
TOGETHER WITH AND SUBJECT TO that right of ingress and egress of record in said Office in Book 189 of
Photostatic Records on Page 599 and revised in Book 190 of Photostatic Records on Page 569; AND
TOGETHER WITH that right of ingress and egress of rocord in said Office in Book 38? of Photostatic Records
on Page 412; AND
TOGETHER WITH that right of ingress and egress and utilities of record in said Office in Book 388 of
Photostatic Records on Page 601;
SUBJECT TO that casement of record in said Office in Book 110 of Photostatic Records onPage 653
PARCEL 6: Lots 2 and 3 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County,
Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office
of the Clerk of Lincoln County, Wyoming, as Plat No. 943952.
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