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HomeMy WebLinkAbout961776THIS 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 11/7/2011 at 3:42 PM RECEIVING 961776 BOOK: 775 PAGE: 710 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Lot 58 in Star Valley Ranch Plat Eight (8) as platted and recorded in the official records of Lincoln County, Wyoming, as Plat No. 180 000710 NON MERGER DEED IN LIEU OF FORECLOSURE KNOW ALL MEN BY THESE PRESENTS that T. Wayne DeVore "Grantor a single man, for and in consideration of good and valuable consideration, hereby gives, grants, bargains, sells, releases, conveys, assigns and warrants to Bank of Alpine, a Branch 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 57 in Star Valley Ranch Plat Eight (8) as platted and recorded in the official records of Lincoln County, Wyoming, as Plat No. 180; together with all of Grantor's right, title, interest and equity, including his 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, conditions, covenants, easements, rights -of -way of record, and encroachments ascertainable by physical inspection, if any, (ii) the Mortgage dated May 2, 2007, and recorded on May 9, 2007 in Book 657, page 320, in the office of the Clerk of Lincoln County, Wyoming, as amended by the Modification of Mortgage dated October 20, 2008, and recorded on October 23, 2008 in Book 707, page 558, in the office of the Clerk of Lincoln County, Wyoming (the "Mortgage (iii) other encumbrances of record disclosed in that certain Commitment for Title Insurance dated October 14, 2011 under Case Number NTL -59167 issued by Chicago Title Insurance Company, 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. 00071 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 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 lien and interests granted in the Mortgage shall survive the execution, delivery and a recording of this Deed. !love .41 if DATED as of the I day of Getob.er, 2011. /it ze„.„ J, 1 T. Wayne DeVore STATE OF WYOMING ss. COUNTY OF LINCOLN This instrument was acknowledged before me ®4414€r 2011, by T. Wayne Devore. (Seal, if any) JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF STATE OF WYOMING LINCOLN -_w; MY COMMISSION EXPIRES M ARCH 31, 2013 5268883_I.DOC (Sign. 're of notarial My o miss expire: 2