HomeMy WebLinkAbout962501RECEIVED 12/27/2011 at 2:18 PM
RECEIVING 962501
BOOK: 778 PAGE: 435
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WARRANTY DEED IN LIEU OF FORECLOSURE
AS TO PARCEL 1:
See Attached Exhibit "A" Parcel 1.
00435
KNOW ALL PERSONS BY THESE PRESENTS, that BRUCE M. DAVIS and BETTY B. DAVIS, Husband
and Wife, and DANIEL M. ALLPHIN and LISA D. ALLPHIN, Husband and Wife, Grantor(s) of Lincoln
County, Wyoming for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and
valuable consideration, in hand paid, the receipt and sufficiency of such consideration be hereby acknowledged, do
hereby GRANT, BARGAIN, CONVEY, and WARRANT unto PIONEER BUILDERS COMPANY, INC., a
Utah Corporation, addressed at 225 S. Cordova Avenue, LeCenter, Minnesota, Grantee, and its successors and
assigns, the following described real estate, situate in the county of Lincoln, State of Wyoming, hereby waiving and
releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit:
Together with and including any and all water rights and all interests in mineral rights as
currently owned by the Grantors and all improvements thereon and all appurtenances thereunto
belonging.
Subject to all reservations, restrictions, exceptions, easements, rights of way of record, insight, or in
use and taxes for the year 2012 and thereafter.
A. This Warranty Deed in Lieu of Foreclosure is an absolute conveyance of fee simple title for fair and
adequate consideration of the property above described to the Grantee and does not operate as a mortgage, deed of
trust or security of any kind. Grantor declares that this conveyance is freely and fairly made and that there are no
agreements, oral or written, other that this deed and the accompanying Deed in Lieu of Foreclosure Agreement,
Estoppel Affidavit, and Statement of Voluntary Surrender of even date, executed by Grantor with respect to the
Property.
B. This Warranty Deed in Lieu of Foreclosure, and the conveyance being made hereunder, is being
executed, delivered, and accepted in lieu of foreclosure of the Lien (as hereinafter described and defined), as an
absolute conveyance to Grantee of all right, title, equity, and interest of Grantors in the Property, including
specifically, but without limitation, any equity of redemption and the statutory right of redemption of Grantors
therein or thereto. Grantee has forgiven and fully released Grantors from any and all debt, obligation, cost and
charges existing under and by virtue of the promissory note dated August 23, 2007.
C. The lien "Lien for which this Deed is given in lieu of foreclosure was created by that certain
Mortgage dated August 23, 2007; said Mortgage being that which was recorded in the land records of
Lincoln County, Wyoming on August 24, 2007 in Book 669 beginning at Page 879 as receiving No.
932460; and as amended by the Modification of Mortgage dated June 17, 2008; said Modification of
Mortgage being that which was recorded in the land records of Lincoln County, Wyoming on June 26,
2008 in Book 698 beginning at Page 489 as receiving No. 940120. The acceptance of this Deed and the
consideration therefore shall be evidenced by and be the recorded Release of said Mortgage(s).
D. Grantors agree that if Grantee accepts title to the Property under this Warranty Deed in Lieu of
Foreclosure, such acceptance will not create any liability on the part of Grantee to third Parties who may have
claims of any kind against Grantors in connection with the Property. Grantee will not under this Warranty Deed in
Lieu of Foreclosure assume or agree to discharge any liabilities with respect to the Property that shall accrue or
occur prior to the date on which this Warranty Deed in Lieu of Foreclosure is recorded in the records of the office of
the County Clerk and ex- officio Register of deeds in and for Lincoln County, State of Wyoming (the date on which
such recording is made is hereinafter called the "Recording Date Grantors agree to indemnify and hold harmless
Grantee from and against any loss, cost, damage, or expense (including attorneys' fees and court costs) resulting
from claims arising out of the Property and arising from events that occurred prior to the Recording Date with
respect to the Property. This Warranty Deed in Lieu of Foreclosure does not confer any third -party benefits on
persons who are not signatory to this instrument other that Grantee.
TO HAVE AND TO HOLD the Property, together with all and singular, any and all other rights and
appurtenances thereto in anywise belonging unto Grantee, its successors and assigns FOREVER; and Grantors do
hereby bind themselves and their successors and assigns to WARRANT and FOREVER DEFEND all and singular
the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
purporting to claim the same or any part thereof.
IN WITNESS WHEREOF, this Warranty Deed in Lieu of Foreclosure has been executed on behalf of
Grantors and Grantee on the date of the taking of their acknowledgments, but the effective date of this Warranty
Deed in Lieu of Foreclosure for all purposes shall be deemed to be the Recording Date.
EXECUTED this 6 day of CC' e te 2 2011
/21
Bruce M. Davis
State of LW
County of
WITNESS my hand and official seal hereto affixed.
The foregoing instrument was acknowledged before me on this, the ,,R5 day of
C'C.f,m bQY 2011, by Bruce M. Davis and Betty B. Davis.
Notary Public
KIM BOWLES
Commission #64918
My Commission Expire:.
November 3, 2015
State of Utah
M. Allphin
State of (lot
SS
County of��
The foregoing instrument was acknowledged before me on this, the 23 day of
btN Q=1i1,'Y� i('' 2011, by Daniel M. Allphin and Lisa D.Allphin.
WITNESS my hand and official seal hereto affixed.
r wawa em'e�* ®wm emm�.. 2:;ea au'� v, .1 H Notary Public
1 KIM BOWLES I
Commission #649187 to
L.
�i My Commission Expires i
u State of Utah i. i
SS
Betty B. ffavis
My commission expires:
PUBLIC
Lisa D. Allphin
u I ISO i,s
My commission expires: 1I /j AS-
0436
AS TO PARCEL IA:
ALL OF THE SW1 /4 NE1 /4 AND S1 /2 NWI /4 NE1 /4 OF SECTION 32, T34N, R118W, OF THE 6 P.M. LOCATED SOUTH OF
BEDFORD, LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 32 AND RUNNING N0 °11 '34 "E, 1326.47 FEET TO
THE NORTHWEST CORNER OF SAID SW1/4 NE1 /4;
THENCE CONTINUING N0 °11'24 "E, 662.81 FEET TO THE NORTHWEST CORNER OF THE S1 /2 NW1 /4 NE1 /4;
THENCE S89 °50'49 "E, 1318.51 FEET TO THE NORTHEAST CORNER OF SAID SI /2 NWI /4 NE1 /4;
THENCE S0 °05'30 "W, 662.49 FEET TO THE SOUTHEAST CORNER OF SAID S1/2 NW 1/4 NE1 /4;
THENCE CONTINUING S0 °05'30 "W, 1324.98 FEET TO THE SOUTHEAST CORNER OF SAID SW1/4 NE1 /4;
THENCE N89 °57'43 "W, ALONG THE SOUTH LINE OF LAST SAID SW1 /4 NE1 /4 1322.06 FEET TO THE POINT OF
BEGINNING.
PARCEL IB:
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND THROUGH A 60.00
FOOT WIDE STRIP OF LAND THE SOUTH AND EAST LINES THEREOF BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL OF LAND AND RUNNING
S89 °57'09 "E, 991.75 FEET;
THENCE NORTH 666.00 FEET;
THENCE S89 °57'09 "E, 330.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 32.
PARCEL IC:
PARCEL ID:
EXHIBIT "A"
ALSO TOGETHER WITH A NON EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER UNDER AND
THROUGH A 60.00 FOOT WIDE EASEMENT LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE FROM THE
LINCOLN COUNTY ROAD NO 12 -126 (STRAWBERRY ROAD) TO THE WESTERLY LINE OF THE PARCEL OF LAND
ABOVE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 32 SAID POINT BEING 988.07 FEET,
MEASURED DISTANCE (60 RODS OF RECORD), N89 °49'52 "W FROM THE NORTHEAST CORNER OF SAID NWI /4;
THENCE RUNNING S0 °20' 13 "W ALONG THE WEST LINE OF THE ELNO FLUCKIGER PARCEL, 663.86 FEET TO THE
SOUTHWEST CORNER OF SAID FLUCKIGER PROPERTY AND THE NORTHWEST CORNER OF THE BEDFORD WATER
AND SEWER DISTRICT EASEMENT;
THENCE CONTINUING ALONG THE BOUNDARY LINES OF SAID BEDFORD WATER AND SEWER DISTRICT
EASEMENT, THE FOLLOWING COURSES AND DISTANCES: S0 °20'13 "W 200.00 FEET; S89 °53'10 "E 200.00 FEET; AND
N0 °20' 13 "E 200.00 FEET TO THE SOUTH LINE OF SAID ELNO FLUCKIGER PROPERTY;
THENCE S89 °53'10 "E ALONG THE SOUTH LINE OF SAID ELNO FLUCKIGER PROPERTY 789.77 FEET TO THE
SOUTHEAST CORNER OF THE ELNO FLUCKIGER PROPERTY AND THE NORTHWEST CORNER OF SAID PARCEL.
ALSO TOGETHER WITH AN EASEMENT FOR UTILITIES 10.00 FEET WIDE LYING SOUTH OF THE LINE DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT 1414.00 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID SECTION 32, TO THE
SOUTHEAST CORNER OF THE AUSTIN J DAY PROPERTY;
THENCE WEST, ALONG THE SOUTH BOUNDARY OF SAID DAY PROPERTY 260.84 FEET TO THE SOUTHWEST
CORNER THEREOF;
THENCE N88 °13'49 "W 1059.56 FEET TO A POINT IN THE EAST LINE OF SAID PARCEL
00437