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HomeMy WebLinkAbout962514121314 ASSIGNMENT OF SELLERS' INTEREST IN REAL ESTATE SALES CONTRACT (CONTRACT FOR DEED) The Assignment of seller's interest in real estate contract (contract for deed) is made between John Titensor and Debra C. Titensor (hereinafter referred to as "Seller(s) or Titensor husband and wife of P.O. Box 1428, Thayne, Wy 83127, and the Bank of Star Valley "the Bank a State of Wyoming banking corporation, of P.O. Box 8007, Afton, Wy 83110 WITNESSETH: That a Real Estate Sales Contract (Contract for Deed) Dated /2 2011 "The Contract with Titensors as Sellers, agreed to sell to Karen L. Willey "Buyer for the sum of $365,000.00 payable $20,000.00 down and the balance of $345,000.00 together with accrued interest in certain monthly payments until January 15, 2018, when the entire remaining balance is due and payable in full, the following described real property in Thayne, Lincoln county, Wyoming: Subject to all covenants, conditions, restriction, reservations, exceptions, easements, and rights -of —way of sight or record, including without limitation, a Real Estate Mortgage dated December 22, 2010 and recorded in the office of Lincoln County Clerk on December 29, 2010, in Book 259, Page 479, which mortgage however, buyer is NOT assuming. That for valuable consideration from the Bank, receipt of which is acknowledged, Seller desires to assign to the Bank all of Sellers right, title and interest in and to any payment`received from Buyer under the terms of the contract. The Bank's consideration provided consists of a certain loan for which this assignment is intended as collateral securing that loan. This loan is a Promissory note dated December 22, 2010 in the amount of $534,737,17 secured by Real Estate Mortgage of even dated and recorded in the office of Lincoln County Clerk, Kemmerer, Wy on December 29, 2010 in Book 759, Page 479. NOW THEREFORE, it is hereby agreed to as follows: 1. Titensor's hereby assigns unto the Bank all of their rights, title and interest in and to any payments received from Buyer under the terms of the contract, subject to all of their duties and obligations 2. The Bank hereby accepts assignment of Titensor's interest as Sellers in the Contract and agrees to be subject to and abide by all of the terms, covenants and conditions as set forth in the Contract. However, the Bank does not assume Titensor's duties and obligations under the Contract. All of the terms, covenants and conditions of the Contract are incorporated herein by this reference. yr IN WITNESS WHEREOF, this instrument has been duly executed by the parties hereto as of this day of J�C.a 2011 RECEIVED 12/29/2011 at 10:37 AM RECEIVING 962514 BOOK: 778 PAGE: 513 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY See attached Exhibit A John Titensor (Seller) Decra C. Titensor (Seller) Fa�k V 00513 State of Wyoming: County of Lincoln: The foregoing Assignment of Sellers' interest in Real Estate Contract (for Deed) was acknowledged before me by John Titensor and Debra C. Titensor, husband and wife, this,,?/'of December, 2011 Witness my hand and official seal. Notary Public My Commission Expires: 9' /S State of Wyoming County of Lincoln The foregoing Assignment of Sellers Interest in Real Estate Contract (for Deed) was acknowledged before me by •Yad/ /1/4 noel L of the Bank of Star Valley this a/-' December, 2011. Witness my hand and official seal. GLORIA K. BYERS NOTARY PUBLIC County of State of Lincoln Wyoming My Commisson Expires September 15, 2015 Buyer: Karen Wiley 1905 S. Cheyenne Tulsa, OK 74119 Notary Public My commission Expires: GLORIA K. BYERS NOTARY PUBLIC County of Lincoln State of Wyoming My Commisson Expires September 15, 2015 9- /S -/S Notice is hereby given to buyer to direct payments to Bank of Star Valley. Said notice of copy of this assignment has been delivered to the following address: 00514 Description: Titensor Contract of Sale A portion of the property, as referred to in the Deed recorded with Receiving No. 953290, in Book 746, on Page 749, with the Office of the Clerk of Lincoln County, Wyoming, within the S1 /2NW1 /4 of Section 18, T34N, R118W, of the 6th P.M., Lincoln County, Wyoming the Boundary and Encumbrances being more particularly described as follows: BEGINNING at the Northwest corner of the Head property, as referred to in the Deed recorded with Document No. 873540, in Book 465PR, on Page 275, with said Office, said Point of Beginning being 822.13 feet N0 28' 07 "E, along the East line of the NE1 /4 of Section 13, T34N, R11R, of said 6th P.M. from the Paul N. Scherbel RLS 164, 1986 location for the Southeast Corner of said NE1 /4 of said Section 13; thence N0 28'07 "E, along said East line, 143.60 feet to a Point, said Point being 356.61 feet S0 28'07 "W, along said East line, from the Marlowe A. Scherbel PLS 5368, 1990 location for the Southwest Corner of said N1 /2NW1/4 of said Section 18; thence N85 41'23 "E 314.95 feet; thence S57 55'07 "E 22.97 feet to the Beginning of an 80.00 feet Radius Curve to the Left from which the Radius Point bears N33 00'10 "E; thence Southeasterly, along said Curve to the Left, through a Central Angle of 37 18'47 an Arc length of 52.10 feet, said curve having a chord of S75 39'14 "E 51.18 feet, from which the Radius Point bears N4 18'37 "W; thence N85 41'23 "E 268.55 feet; thence N89 56'28 "E 440.39 feet; thence N0 03'32 "W 30.00 feet; thence N89 56'28 "E 864.35 feet to a Point in the West line of the Roberson property, as referred to in the Deed recorded with Document No. 753194, in Book 314PR, on Page 470, with said Office; thence SO 50' 51 "W, along said West line, 352.99 feet to the Northeast corner of the Breen property, as referred to in the Deed recorded with Document No. 886968, in Book 509PR, on Page 745, with said Office; thence S89 56'38 "W, along the North line of said Breen property 655.67 feet to the Northeast corner of said Head property; thence Westerly, along the Northerly line of said Head property, the following: S89 56'38 "W 831.05 feet; N0 28'07 "E 171.54 feet; S87 23'56 "W 231.89 feet; thence N0 24'57 "E 30.94 feet; thence S87 23'11 "W 90.94 feet; Sl 59'55 "E 12.88 feet; and thence S84 17'22 "W 145.13 feet, to the Point of Beginning, Encompassing 13.12± Acres of land. SUBJECT TO: The 30 feet wide Right of Way Easement, along the West line of the above described property, for Muddy String County Road 00515 12 -117, as referred to in the Right -of -Way Easements recorded with Document No. 544041, in Book 167PR, on Page 385 and with Document No. 544033, in Book 167PR, on Page 377. TOGETHER WITH and SUBJECT TO: The 10 feet wide Utility Easement, along a portion of the South line of the above described property, as referred to in the Deed recorded with Document No. 886968, in Book 509PR, on Page 745, with said Office. TOGETHER WITH and SUBJECT TO: The 15 feet wide Utility Easement, along the East line of the above described property, as referred to in the Deed recorded with Document No. 886968, in Book 509PR, on Page 745, with said Office. TOGETHER WITH: The 40 feet wide Right -of -Way Easement, as referred to in the Deed recorded with Document No. 886968, in Book 509PR, on Page 745, with said Office. TOGETHER WITH: The 33 feet wide Right -of -Way Easement, as referred to in the Deed recorded with Document No. 667002, in Book 261PR, on Page 291, with said Office. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements, including but not limited to Conditions of sight and or record. 00516