HomeMy WebLinkAbout961469THIS INSTRUMENT WAS PREPARED BY
AND WHEN RECORDED SHOULD BE
RETURNED TO:
Holland Hart LLP
25 South Willow Street
P.O. Box 68
Jackson, WY 83001 -0068
RECEIVED 10/18/2011 at 1:12 PM
RECEIVING 961469
BOOK: 774 PAGE: 676
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
NON MERGER DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS that Timothy Foppiano and Leigh
Anne Foppiano, husband and wife "Grantors for and in consideration of good and
valuable consideration, hereby give, grant, bargain, sell, release, convey, assign and
warrant to Bank of Alpine, Branch of 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 more particularly
described as follows:
Lot 27 of Salt River Cove Division No. 2, Lincoln County,
Wyoming as described on the official plat thereof.
000676
together with all of Grantors' right, title, interest and equity, including their equitable
and statutory right of redemption.
GRANTORS covenant with Grantee that the former are 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, conditions, covenants, easements,
rights -of -way of record, and encroachments ascertainable by physical inspection, if any,
(ii) the Mortgage dated September 15, 2006, and recorded on September 19, 2006 as
Receiving No. 922568, in Book 634, page 116, 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 9 issued by
nort(Pt A tF (7_ under Case No.N 4juf' A and (iv) all special and general
taxes and assessments crrently owing and which will become owing in the year 2011
and subsequent years.
TOGETHER WITH all of the rights and privileges of Grantors 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 all 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.
IT IS THE SPECIFIC INTENT OF GRANTORS 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 lien and interests granted in the
Mortgage shall survive the execution, delivery and a recording of this Deed.
DATED as of the 1,2 day of Ssept-emb.er, 201:
STATE OF GA -H,.__
COUNTY OF �I,�
(Seal, if any)
JAYANTHI J. ROTH
COUNTY OF
LINCOLN
MY COMM
COUNTY OF l -I
(Seal, if any)
5226
NOTARY PUBLIC
STATE OF
yvYpMING
u
JAYANTHI J. ROTH
COUNTY OF
LINCOLN
3 IkilM31CMISSION EXPIRES MARCH 31, 2013
NOTARY PUBLIC
STATE OF
WYOMING
ss.
This instrument was acknowledged
Timothy Foppiano.
SS.
Leigh Anne Foppiano
2
before me on ._S-eft-ember
y corn
(Sign cure f notarial offi
Mcor ion expires:
C 'e_7(1.A.;;7 °i
This instrument was acknowledged before me on. rteirfber
Anne Foppiano.
of notarial ofic
ion expires:
1�3 2011, by
;3
,k2011, by Leigh
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