HomeMy WebLinkAbout9610671 V
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AFFIDAVIT AND ESTOPPEL CERTIFICATE
STATE OF Gtoojek
ss.
COUNTY OF C
000088
The undersigned, being first duly sworn upon oath, did depose and state:
1. That he is of lawful age.
2. That he is the sole member and manager of Salt River Ranch, LLC (the
"Grantor") and is authorized to make and deliver this Affidavit.
3. That Grantor has made, executed and delivered that certain Non-Merger Deed
in Lieu of Foreclosure (the "Deed") on this date, conveying to Bank of Jackson Hole, as
(irantee, the real property, together with any improvements (the "Premises"), described in
Exhibit A hereto.
4. That he makes this Affidavit in connection with: (a) the Deed and (b) that
certain Real Estate Mortgage dated January 12, 2007, and recorded January 23, 2007, in
Book 646, pages 809-821 in the office of the Clerk and Recorder of Lincoln County,
Wyoming (the "Mortgage"). Grantor has defaulted on the obligations secured by the
Mortgage (the "Obligations").
5. That the Deed is intended to be and is an absolute conveyance of the title to
the Premises to the Grantee, and was not and is not now intended as a mortgage,
conveyance in trust, or security interest of any kind; that it was the intention of the Grantor
in the Deed and by the Deed to convey to the Grantee therein all of their right, title and
interest absolutely in and to the Premises, including, but not limited to, Grantor's rights of
possession, rents and profits, deposits and the equity of redemption, subject only to the lien
of the Mortgage and real property taxes for the year 2011 and subsequent years.
RECEIVED 9/20/2011 at 11:15 AM
RECEIVING 961067
BOOK: 773 PAGE: 88
JEANNE WAGNER
IkIrseN1 iu rt-NI unrry ri PPI( KFIVIRAFRER WY
0 0 0 0 8 9
6. That in the execution and delivery of the Deed, the Grantor was not acting
under any misapprehension as to the effect of the Deed, acted freely and voluntarily, and
were not acting under coercion, duress or undue influence; that the Deed was granted in
connection with a compromise of the indebtedness due Grantee from Grantor and the full
cancellation of all debts, obligations, costs and charges secured by the Mortgage; that the
Deed was not given as a preference against any other :creditor and at the time of the
delivery of the Deed there were no other persons, firms or corporations other than the
Grantee claiming an interest in the Premises; that there are no creditors who will be
prejudiced by the transfer of the Premises; and that Grantor has not taken any actions, or
failed to take any action, which would result in any lien, :encumbrance, claim or charge
against the Premises,
7. That this Affidavit and Estoppel Certificate is made fbr the protection and
benefit of the Grantee, its successors and assigns, all other parties hereinafter dealing with
or who may acquire an interest in the Premises and, particularly, for the benefit ofany title
insurance company which may hereafter insure the title to the Premises.
8. That it is the specific 'intent of the Grantor that the Deed not merge with or
cause a termination or satisfaction of the Mortgage or discharge the indebtedness secured
by the Mortgage, and the Grantee may elect to foreclose the Mortgage before or after
recording the Deed only if such action is required to extinguish any junior lien or
encumbrance of record disclosed by the title insurance commitment dated August 26, 2011,
issued by Land Title Company, under Order No. 63456,
9. That notwithstanding that Grantor is currently in default in making payments
due on the Obligations, Grantor is not currently the subject of any voluntary or involuntary
2
bankruptcy, arrangement or receivership proceedings, nor is Grantor currently
contemplating nor anticipating the same.
10. That there exists no agreement, express or implied, for Grantor, or any person
acting as agent of Grantor, to re-acquire the Premises or any portion thereof, or interest
therein, from the Lender or to distribute to Grantor any profits or proceeds derived from
the Premises.
11. That Affiant will testify, declare, depose or certify before any competent
tribunal, officer, or person in any case now pending or which may hereafter be instituted to
the truth of the particular facts, hereinabove set forth.
DATED as of the (a day of September, 2011.
STATE OF Geocru
ss.
COUNTY OF Cher4kee.)
This instrument was acknowledged before me on September /44 2011, by Edward
L. Terry, as sole Member and Manager of Salt River Ranch, LLC.
(Seal, if any)
Edward L, Terry
hat e ofnotaria l officer)
My commission expires: 0 o 9.7-il a 0
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EXHIBIT A
LEGAL DESCRIPTION
Attached.
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EXHIBIT "A"
PARCEL 1: The tract of land in Lots 2., 3, 4, the Southwest Quarter of the Northeast Quarter (SW NE
and the Southeast Quarter (SE V4) 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 aluminum 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 °30'00" 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 Chord of South 60 °45'00" East, 422.02 feet, to a point of reverse
curve;
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 (reorded 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 8390'00" 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, iollowing 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 curve 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 Foresi. Drive, coincident with
a Southerly boundary of said Alpine Retreat Subdivision No. 2, to a point;
Thence North 17 °3Q'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 7390'00" East, 290.06 feet to a point marking the comer hetween 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 8590'01" 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 (5 '''A) 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 EXCEPTI.PIG A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as
Lot 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.
PARCEL 2: A part of Section 9, Township 36 North, Range 119 West, 6th 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 '4) 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.
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 '!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 oftangency;
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:
BEGINNLNG 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 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) comer of Lot 28 of Alpine Retreat Subdivision No. 2 a part of
the East Half of the Southeast Quarter (E '/2 SE /4) 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, 50 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 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 140 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 from 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
'Y4) comer of Section 9, Township 36 North, Range 119 West, Sixth principal Meridian, Wyoming, said point
being on the West right -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 EXCEPTING 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'' /4) comer 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 1 94.39 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.
0
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) comer 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.
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:
BEGLNNLNG 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' 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 TINE ABOVE DESCRIBED PARCEL which are now known as
Lots 1 and 2 of FOREST RIVER RESERVE SUBDIVISION PI IASE 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 N1) FILING, 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 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.
ALSO LESS AND E XCEPTING 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 Y, SE Y,) of Scotian 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 of Kibbie Parkway, North 40 °49'05" West, 1,282.72 feet,
from the Southeast comer 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 are of said curve and along said right -of -way line, through a central
angle of 4 °30'00 with a Radius of 810.00 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°38'12" 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 at line of the SE ''A of Section 9, Township 36 North, Range 119 West,
being South 00 °04'42" West.
TOGETHER WI1'kI 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; ANT)
TOGETHER WITH that right of ingress and egress of record in said Office in Book 387 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 easement of record in said Office in Book 110 of Photostatic Records on Page 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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