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HomeMy WebLinkAbout962994OR 1 a. ORGANIZATION'S NAME ALAN K. JORGENSEN, ORGANIZATION TRADE NAME, DEBTOR lb. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAt MIDDLE NAME SUFFIX 1c. MAILING ADDRESS P.O. Box 3122 CITY Alpine STATE Wy POSTAL CODE 83128 COUNTRY USA 1 d. SEE INSTRUCTIONS Not A Applicable pP ADD'L INFO RE Ile. TYPE OF ORGANIZATION ORGANIZATION DEBTOR I DBA 11. JURISDICTION OF ORGANIZATION USA 1g. ORGANIZATIONAL ID if any NONE 1 R 2a. ORGANIZATION'S NAME LESLIE V. JORGENSEN, ORGANIZATION TRADE NAME, DEBTOR 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c. MAILING ADDRESS P.O. Box 3122 CITY Alpine STATE WY POSTAL CODE 83128 COUNTRY USA 2d. Not SEE INSTRUCTIONS ADD'L INFO RE 12e. TYPE OF ORGANIZATION ORGANIZATION DEBTOR I DBA 2f. JURISDICTION OF ORGANIZATION USA 2g. ORGANIZATIONAL ID if any NONE A Applicable Pp OR 3a. ORGANIZATION'S NAME 3b. INDIVIDUAL'S LAST NAME Jorgensen FIRST NAME Alan MIDDLE NAME K. SUFFIX 3c. MAILING ADDRESS P.O. Box 3122 CITY Alpine STATE Wy POSTAL CODE 83128 COUNTRY uSA UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME PHONE OF CONTACT AT FILER [optional] B. SEND ACKNOWLEDGMENT TO: (Name and Address) A lan K. Jorgensen Leslie V. Jorgensen P.O. Box 3122 Alpine, WY 83128 uSA L 1. DEBTORS EXACT FULL LEGAL NAME insertonlyone debtorname (1a or 1 b)- do notabbreviate orcombine names 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME insert only one debtor name (2a or 2b) do not abbreviate or combine names 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S /P) insertonly one secured party name (3a or3b FILING OFFICE COPY UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) 00336 RECEIVED 1/31/2312 at 8 :45 AM RECEIVING 962994 BOOK: 780 PAGE: 336 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 4. This FINANCING STATEMENT covers the following collateral: Be it known that Alan -K.: Jorgensen and Leslie -V.: Jorgensen has filed a Declaration of Land Patent on the real property described as the following: See Addendum, Section 14, for Legal Description of said property attached hereto and made part hereof. NO third party having a claim, lien or debt or other equitable interest has made ANY claim. As sach, all interested or third parties have waived any and all future claims against said land and it has become the property and allodial freehold of the assignee, Alan -K.: Jorgensen and Leslie -V.: Jorgensen to said Private Land Patent. Any and all claims are now subordinate and inferior to the claim of the Secured Party, Alan -K.: Jorgensen and Leslie -V.: Jorgensen. 5. ALTERNATIVE DESIGNATION [if applicable]: n LESSEE/LESSOR n CONSIGNEE /CONSIGNOR [BAILEE /BAILOR SELLER /BUYER -AG. LIEN J INON -UCC FILING 6. [�j This FINANCING STATEMENT is to be filed [for record] (or recorded) in the REAL 17. Check to REQUEST SEARCH REPO (S) on Debtor(s) r All Debtors Debtor 1 nDebtor 2 phi' I FSTATF RFCORDS. Attach Addendum (if apnlicablel (ADDITIONAL FFF1 foptionall 8. OPTIONAL FILER REFERENCE DATA OR 11a. ORGANIZATIONS NAME 11b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 11d. SEE INSTRUCTIONS Not Applicable AMYL INFO RE 111e. TYPE OF ORGANIZATION DEBTOR ORGANIZATION 111. JURISDICTION OF ORGANIZATION 11g. ORGANIZATIONAL ID if any n NONE 12. OR ADDITIONAL SECURED PARTY'S sr I I ASSIGNOR S /P'S NAME insert only one name (12a or 12b) 12a. ORGANIZATION'S NAME 12b. INDIVIDUAL'S LAST NAME Jorgensen FIRST NAME Leslie MIDDLE NAME V. SUFFIX 12c. MAILING ADDRESS P.O. Box 3122 CITY Alpine STATE Wy POSTAL CODE 83128 COUNTRY uSA 13. 14. LOT ESTATES COUNTY. THE SECTION P.M., APN: 15. Alan P.O. Alpine, This FINANCING STATEMENT covers timber to be cut or as- extracted a 16. Additional collateral description: Homestead Declaration Exhibit A Declaration of Assignee's Update of Land Patent Exhibit B Notice Declaration of Updated Private Land Patent Exhibit C Proof of Publication of Land Patent Exhibit D Certified Copy of Land Patent Exhibit E Legal Description of Portion of Said Land Patent Exhibit F Memorandum of Law on Rights, Privileges Immunities Patent Case Law All proceeds, products, accounts, fixtures, timber, materials, etc. and the orders therefrom are released to the Debtor. collateral, or is filed as a rg fixture filing. Description of real estate: NO. 13, THREE RIVERS MEADOWS SUBDIVISION "A LINCOLN WYOMING, BEING PART OF SW'/ SW 'A AND THE NW 1 /4 SW 'A OF 28. T37N, R118W OF THE 6TH LINCOLN COUNTY, WYOMING. 12- 3718- 28 -3 -04- 011.00 Name and address of a RECORD OWNER of above described real estate (if Debtor does not have a record interest): K. Jorgensen Leslie V. Jorgensen Box 3122 Wyoming 83128 17. Check or._Ay if applicable and check only one box. Debtor is a 0 Trust or n Trustee acting with respect to property held in trust or n Decedents Estate 18. Check only if applicable and check only one box. effective 30 years effective 30 years n Debtor is a TRANSMITTING UTILITY Filed in connection with a Manufactured -Home Transaction II Filed in connection with a Public- Finance Transaction UCC FINANCING STATEMENT ADDENDUM AME OF FIRST DEBTOR (la or lb) ON RELATED FINANCING STATEMENT 9a. ORGANIZATION'S NAME ALAN K. JORGENSEN, ORGANIZATION TRADE NAME DEBTOR 9b. INDIVIDUAL'S LAST NAME MISCELLANEOUS: FIRST NAME MIDDLE NAME,SUFFIX FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. OR 10. 11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME insert only one name 11a or 11 b) do not abbreviate or combine names FILING OFFICE COPY UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05/22/02) 00337 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY Requested and Prepared by: Alan K. Jorgensen Leslie V. Jorgensen When Recorded Mail To: Alan K. Jorgensen Leslie V. Jorgensen c/o P.O. Box 3122 Alpine, Wyoming [83128] Space above this line for recorder's use DECLARATION OF HOMESTEAD 1. We, Alan K. Jorgensen and Leslie V. Jorgensen, do hereby declare: 2. That our mailing address for our Homestead is: Portion claimed: LOT NO. 13, THREE RIVERS MEADOWS ESTATES SUBDIVISION "A LINCOLN COUNTY. WYOMING, BEING PART OF THE SW 'A SW Vs AND THE NW 'A SW 'A OF SECTION 28. T37N, R118W OF THE 6 P.M., LINCOLN COUNTY, WYOMING. APN: 12-3718-28-3-04-011.00 Which currently has the address of: 432 MEADOWS DRIVE, ALPINE, WYOMING 83128 3. We, hereby declare and claim said premises as a Homestead. 4. No further Declaration of Homestead has been made by us except as has abandoned. 5. See Attachment Exhibit "A Declaration of Assignee's Update of Land Patent, Exhibit "B Notice and Declaration of Updated Private Land Patent, Exhibit "C Proof of Publication of Land Patent, Exhibit "D" Certified Copy of Land Patent, Exhibit "E Legal Description of Portion of Said Land Patent, Exhibit "F Memorandum of Law on Rights, Privileges and Immunities; Patent Case Law, and Exhibit "G" UCC Financial Statement. 6. The facts stated in this Declaration are true as of our personal knowledge. Dated: Dated: By: Alan K. Jorgensse. De f' ant By: c F C ?dtV 1,r? -%I 'Le slie V. Jorgens9n, Declarant 4 See NOTARY ACKNOWLEDGEMENT Attached 00338 STATE OF WYOMING COUNTY OF LINCOLN 1 On before me, L.( '1 1 4iL NOTARY PUBLIC, personally ppeared Alan K. Jorgensen and Leslie V. Jorgensen., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and that by his/her /their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF :ti a STATE OF LINCOLN y WYOMING MYCOMP +9ISSIONEk ?iRESM ARCH31,2013 (Seal) 00339 Requested and Prepared by: Alan K. Jorgensen Leslie V. Jorgensen When Recorded Mail To: Alan K. Jorgensen Leslie V. Jorgensen c/o P.O. Box 3122 Alpine, Wyoming [83128] Space above this line for recorder's use Patent Number: 1023668, BLM WYE 0015847 KNOW ALL MEN BY THESE PRESENTS: 1 00340 DECLARATION OF ASSIGNEE'S UPDATE OF LAND PATENT EXHIBIT A THAT ALAN K. JORGENSEN AND LESLIE V. JORGENSEN, DO SEVERALLY CERTIFY AND DECLARE, THAT WE BRING UP THIS LAND PATENT IN OUR NAME. (1) The Character Of Said Property So Sought To Be Patented, And Legally Described And Referenced Under Patent Number Listed Above Is: Joseph E. Gillis, Township 37N, Range 118W, Section 28 of the 6 Principle Meridian. Portion Claimed: [LOT NO. 13, THREE RIVERS MEADOWS ESTATES SUBDIVISION "A LINCOLN COUNTY. WYOMING, BEING PART OF THE SW 1 /4 SW 1 /4 AND THE NW 1 /4 SW 1 /4 OF SECTION 28. T37N, R118W OF THE 6 P.M., LINCOLN COUNTY, WYOMING.] APN: 12-3718-28-3-04-011.00 (2) Notice of Pre Emptive Right. Pursuant To The Declaration Of Independence [1776], The Treaty Of Peace with Great Britain (8 stat. 80) known as the Treaty Of Paris [1793, an Act Of Congress [3 Stat. 566, April 24, 1824], The Oregon Treaty [9 Stat. 869, June 15,1846], The Homestead Act [12 Stat. 392,1862] and 43 U.S.C. Sections 57, 59, and 83; the recipient hereof is mandated by Art. VI. Sections 1, 2, and 3; Art. IV. Sections I cl. 1, 2; Section 2 cl. 1 2; Section 4; the 4th, 7th, 9th, and 10th Amendments [U.S. Constitution, 1781- 91(j)] to acknowledge Assignee's update of Patent prosecuted by authority of Art. III Section 2, cl. 1 2 and enforced by original /exclusive jurisdiction thereunder and it is the only way a perfect title 0034. can be had in our names, Wilcox vs. Jackson, 13 Pet. (U.S.) 498, 101. Ed. 264; all questions of fact decided by the general land office are binding everywhere; and injunctions and mandamus proceedings will not lie against it, Litchfield vs. The Register, 9 Wall. (U.S.) 575,191, Ed. 681. This document is instructed to be attached to all deeds and /or conveyances in the names of the above party(ies) as requiring recording of this document, in a manner known as nunc pro tunc [as it should have been done in the beginning], by Order of United States supreme law mandate as endorsed by case history cited. Notice And Effect Of A Land Patent. A grant of land is a Public Law standing on the statute books of the California, and is notice to every subsequent purchaser under any conflicting sale made afterward; Wineman vs. Gastrell, 54 Fed 819, 4 C.C.A. 596, 2 U.S. App 581. A patent alone passes title to the grantee; Wilcox vs. Jackson, 13 Pet. (U.S.) 498, 10. L. Ed. 264. When the United States has parted with title by a patent legally issued, and upon surveys legally made by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes; Cage vs. Danks, 13, La. Aim. 128. In the case of ejectment, where the question is who has the legal title, the patent of the government is unassailable, Sanford vs. Sanford, 139 U.S. 642. The transfer of legal title (patent) to public domain gives the transferee the right to possess and enjoy the land transferred, Gibson vs. Chouteau, 80 U.S. 92. A patent for land is the highest evidence of title and is conclusive as evidence against the government and all claiming under junior patents or titles, United States vs. Stone, 2 U.S. 525. Estoppel has been maintained as against a municipal corporation (County). Beadle vs. Smyser, 209 US 393. Until it issues, the fee is in the government, which by the patent passes to the grantee, and he is entitled to enforce possession in ejectment, Bagnell vs. Broderick, 13 Peter (U.S.) 436. State statutes that give lesser authoritative ownership of title than the patent cannot even be brought into Federal court, Langdon vs. Sherwood, 124 U.S. 74, 80. the power of congress to dispose of its land cannot be interred with, or its exercise embarrassed by any state legislation; nor can such legislation deprive the grantees of the united States of the possession and enjoyment of the property granted by reason of any delay in the transfer of the title after the initiation of proceedings for its acquisition. Gibson vs. Chouteau, 13 Wal. (U.S.) 92, 93. L4 Land Title and Transfer. The existing system of land transfer is a long and tedious process involving the observance of many formalities and technicalities, a failure to observe any one of which may defeat the title. Even where these have been most carefully complied with and where the title has been traced to its source, the purchaser must be at his peril, there always being in spite of the utmost care and expenditure; the possibility that his title may turn out bad; Yeakle, Torrence System. 209. Patents are issued (and theoretically passed) between Sovereigns. (Fighter vs. County Of Gregory, 230 N. W.2d 114, 116.) The patent is prima facie conclusive evidence of title, Marsh vs. Brooks, 49 U.S. 223, 233. An estate in inheritance without condition belonging to the owner and alienable by him, transmissible to his heirs absolutely and simply, is an absolute estate in perpetuity and the largest possible estate a man can have. Being in fact Allodial in its nature, Stanton vs. Sullivan, 63 R.I. 216 7(a) 696. The original meaning of a perpetuity is an inalienable, indestructible interest. (Bouvier's Law Dictionary, Volume III. p. 2570, (1914)). If this land patent is not challenged, as stated above, within 60 days it then becomes my property, as no one else has followed the proper steps to get legal title, the final 2 u0342 certificate or receipt acknowledging the payment in full by a homesteader or preemptor is not legal effect a conveyance of land. U.S. vs. Steenerson. 50 Fed 504,1; C.C.A. 552, 4 U.S. App. 332. A land patent is conclusive evidence that the patent has complied with the Act of Congress as concerns improvements on the land, etc., Jankins vs. Gibson, 3 La Ann 203. (5) Law on Rights, Privileges, and Immunities; Transfer by Patentee. "...[t]itle and rights of bona fide purchaser from patentee... will be protected United States vs. Debell, 227 F. 760 (C8 S.D. 1915), United States vs. Beamon, 242 F. 876, (CA8 Colo. 1917); State vs. Hewitt Land Co., 74 Wash. 573, 134 p. 474. from 43 U.S.C. 15, n. 44. As an assignee, whether he is the first, second or third party to whom title is conveyed shall lose none of the original rights, privileges or immunities of the original grantee of land patent. "No state shall impair the obligations of contracts united States Constitution Article I. Section 10. (6) Equal Rights: Privileges and Immunities are Further Protected Under The 14th Amendment to the U.S. Constitution. "no state.... shall deny to any person within its jurisdiction the equal protection of the laws In cases of ejectment, where the question is who has the legal title the patent of the government is unassailable. Sanford vs. Sanford, 139 U.S. 642, 35 L. Ed. 290. In Federal courts the patent is held to be the foundation of title at law. Fenn vs. Holmes, 21 Howard 481. Immunity from collateral attack; Collins vs. Bartlett, 44 Cal. 371; Weber vs. Pere Marquette Boom Co.,62 Mich. 626, 30 N. W. 469; Surget vs. Doe, 24 Miss 118; Pittsmont Copper Co. vs. Vanina, 71 Mont. 44, 227 Pac. 45; Green vs. Barker 47 Neb. 934, 66 N.W. 1032. (7) Disclaimer; assignee's seizen in deed, and lawful entry is inclusive of specifically that certain legally described portion of the original private Land Grant or Patent PL 1023668, (BLM WYE 0015847) and not the whole thereof, including hereditament, tenements, pre- emption rights appurtenant thereto. The recording of this instrument shall not be construed to deny or infringe upon any others right to claim the remaining portion thereof. Any challenges to the validity of this Declaration and Notice are subject to the limitations referenced herein. Additionally; a common courtesy of five (5) weeks' newspaper publication was published as confirmed in the attached certified Proof of Publication providing for any challenges hereto within sixty (60) days' of the initial date of newspaper publication; otherwise laches /estoppel shall forever bar the same against allodial freehold estate; assessment lien theory to the contrary (Ors. 275, 130), included. The following documents are attached to this declaration: (1) Certified Copy of Original Private Land Grant or Patent, (2) Notice and Declaration of Updated Private Land Patent, (3) Certified Copy of Proof of Publication, (4) Legal Description of Portion of Said Grant or Patent, (5) Declaration of Homestead, (6) Memorandum of Law on Rights, Privileges Immunities, Patent Case Law, and (7) UCC Financial Statement which are by reference, made a part hereof as though fully set forth. (Filling /recording and any other fee(s) associated with this document will be tendered in united States coins). 3 Dated: Dated: STATE OF WYOMING COUNTY OF LINCOLN By: 1�fT��fi� Alan K. Jorge Assignee CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC By: t I Th) B /i ���i� CC` /(7C.�.�Z. (l� I4si e V. Jorgensejf, Sovereign Elector Assignee vereign Elector On before me, q; 1 s F i i,F NOTARY PUBLIC person ly appeared Alan K. Jorgensen and eslie V. Jorgensen, who proved to me on the basis of satisfactory evidence to be the person wl ose name is subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and that by his/her /their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the foregoing paragraph is true and correct. JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 43 WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 (Seal) 00 Requested and Prepared by: Alan K. Jorgensen Leslie V. Jorgensen When Recorded Mail To: Alan K. Jorgensen Leslie V. Jorgensen c/o P.O. Box 3122 Alpine, Wyoming [83128] Space above this line for recorder's use NOTICE AND DECLARATION OF UPDATED PRIVATE LAND PATENT 00344 EXHIBIT B UNITED STATES PRIVATE LAND PATENT NUMBER: PL #1023668, BLM# WYE 0015847 issued on the 12th day of February, 1929 by Calvin Coolidge, PRESIDENT OF THE UNITED STATES OF AMERICA. KNOW ALL MEN BY THESE PRESENTS: THAT We, ALAN K. JORGENSEN AND LESLIE V. JORGENSEN, do certify and declare, that we bring up this land patent in our name. Private real property so sought to be patented, and legally described and referenced under private Land Patent Number PL# listed above is: [LOT NO. 13, THREE RIVERS MEADOWS ESTATES SUBDIVISION "A LINCOLN COUNTY. WYOMING, BEING PART OF THE SW 1 /4 SW '/4 AND THE NW 1/4 SW 1/4 OF SECTION 28. T37N, R1 18W OF THE 6 P.M., LINCOLN COUNTY, WYOMING.] APN: 12- 3718- 28 -3 -04- 011.00 The west half of the southwest quarter of Section twenty -eight in Township thirty -seven north of Range one hundred eighteen west of the Sixth Principle Meridian, Wyoming, containing eighty acres; also together with assignment of any and all Rights, Title, Interests, Privileges and Immunities, as assign(ee) of the Joseph E. Gillis Original Patentee or Grantee of PLC# 1023668, to that portion of those portions of above described legal description. No claim(s) is made herein that Claimant/Assignee has been assigned the entire tract of land described in the original private land patent listed above. This assignment is inclusive only of the above legal description. The filing of this Declaration of Updated Private Land Patent shall not deny or infringe on any right, privilege or immunity of any other assignee to any other portion of land covered in the above described Land Patent Number PL# 1023668. (Filling/recording and any other fee(s) associated with this document will be tendered in united States coins). We, Alan K. Jorgensen Leslie V. Jorgensen, do swear and state that the above is true or is believed, by us to be true and correct to the best of our ability and knowledge. Dated: B State of WYOMING County of LINCOLN CLAIMANT, Alan K. Jorgense Sovereign Elector Assignee By: r' :L l t ILC;�� Leslie V. Jorgen /n Sovereign Elector Assignee SAT Subscribed and s w o r n t o b e f o r e me on this; d a y o \k L 2012, by Alan K. Jorgensen Leslie V. Jorgensen, provedtto vi on the basis of s 'sfactory ,eidnc tip be the person(s)`wlio appeared before me. Notary Signature XUA g'., 1. Printed name J 1 ;9 s Ktith My commission expires t a 1A yANTH9 J. F?OTN NOTAFT'Y Puauc COUNTY OF tSTATE OF IING LINCOLN VAR n}YYOIV MY COMMIS ON EAPIRES MARCH 2013. 00345 EXHIBIT C 00346 The "Little Chicago" Review Proof Of Publication THE STATE OF WYOMING )ss. County of Lincoln Charles E. Young first duly sworn deposes and says that he is editor of THE "LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at Kemmerer, Lincoln County, it the State of Wyoming. That the a true copy of which hereto attached, was published on the day of ,e4 e.�,11,L i ,20 /7 and was published in each succeeding week until the A.‘ day of t YULE,.) ,20 1/ being a period of 3 successive weeks. That said bib weekly, on Wednesday of each week. Subscribed and sworn to before me, this 9 day of COPY OF NOTICE wLGAJ.ti,Il�iv�rd- NOTARY PLIFIC COUNTY OF I,INGOLN tv1 C ommissen Expires NOTICE AND DECLARATION OF LAND PATENT NO. #1023668 Be it known that Alan K. Jorgensen and Leslie V Jorgensen have filed a Declaration of Land Patent on the real property described as the following: LOT NO. 13. THREE RIVERS MEADOWS ESTATES SUBDIVISION "A LINCOLN COUNTY. WYOMING, BEING PART OF THE SW 1/4 SW 1/4 AND THE NW 1/4 SW 1/4 OF SECTION 28. T37N. R118W OF THE 6 LINCOLIV"COUNTY,WYOMI1 Parcel 12- 3718- 28 -3 -04- 011.00 If any party having a claim, lien or debt or other equitable interest fails to file a suit in a court of law within 60 days (60) from the date of filing 12/14 /2011, then they shall waive any and all future claims against this land and it will become the property and allodial freehold of the assignee Alan K. Jorgensen and Leslie V. Jorgensen to said Land Patent. Published in The Little Chicago Review, Lincoln, Wyoming 12/14,12 /21.,12/28/2011 01/04;01/11 12/14 -21- 28/11- 01/04 -11/12 ,20 STATE OF WYOMING 00347 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE AND DECLARATION OF LAND PATENT NO. #1023668 Be it known that Alan K. Jorgensen and Leslie V. Jorgensen have filed a Declaration of Land Patent on the real property described as the following: LOT NO. 13. THREE RIVERS MEADOWS ESTATES SUBDIVI- SION `A LINCOLN COUNTY. WYOMING; BEING'PART OF THE SW IA SW 1 /A AND THE NW At SW I/ OF SECTION 28. .T37N. R1 18W OF THE 6TH RM., LINCOLN COUNTY, WYOMING.. Parcel 12- 3.718- 28 -3 -04- 011.00 If any party having a claim, lien or debt or other equitable" interest fails to file a suit in a court of law within 60 days (60) from the date of 12/14/2011, then they shall waive any and all future claims against this land and. it will become the property and alloidal freehold of the assignee Alan K. Jorgensen and Leslie V. Jorgensen to said Land Patent. Published in the KEMMERER GAZETTE, LINCOLN, WYOMING. Januar y 55 i2; 2012 0105H I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation In said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 2 consecutive issues /weeks; the first publication being on the day of 1 (.1.1` il�.t a l i 20 i Z lJ and the last- publication on the 12, day of 1,1 4 20_x; and that said advertise ent appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING Michael Jensen, •ublisher t(C. 1.%14 NOit'i t;NI GC>iti` 'y of 1 n t.ii §v •ttris k.1 yrc --n May 5 ?()i2, t Subscribed in my presence and sworn to before me on this 1 day of r f!l 1,11'.(1'.7 i.1 A{7 20\ .i by Mich �I Jense .P;ublis 7)�vj �lflj f Notary Sig ure r STATE OF WYOMING )ss. COUNTY OF LINCOLN 00348 EXHIBIT D 00349 3 as r a I; na Whim RTIEIEC t: to be aj and comparative copy of life offipial'records on file BU AU LAN) MANAGEMENT ViNEREAS, a Certificate of the Re the Land Office at ,yanston omi I has bee depo in the General.: Land Office, whereby it appears that, !to the Act o Congress of, "May .20, !1862, "To I lure I domesteads to Actual :Settlers on the Public Domain, "'ti, and the acts sup ..mental thereto, the claim of III i. JOie h tt Qillia has been! Established and duly consummated, In; conformity to_law, for the welt half. of. the southwest quarter of .S l etion twenty- eight in ?olmnship. thirty •north of gl one hundred w eighteen est of the 'S.i ith Principal Meridian, llyotiiing, containing eighty I', y acreit i i snb jest a kle <eottdi:t ,ons sad ,..1i>t nations of Sect.i�o thited!Statea the ono' nundred.and By the Presidents By Fl FTY4iaiR6 IN TESTIMONY WHEREOF,! I, 'Galrf'iln 3oolidge, President of :•the United `'States' of ',America, have caused' t letters .Patent, And'the -aeai of tie: `Ge 'land' ORke,to be bereuhto :afheed. 5 ac to the Official: Plat. of the Survey of the said Land, on file In the .GENERAL LAND OFFICE: sr NOW KNOW YE, That there Is, therefore, granted by the UNITED STATES unto the -aid claimant the tract of Land above described; TO. NAVE AND TO HOLD the said tact f' Land, with tha`appurtenances thereof, unto the said claimant and to the heirs and assigns of the said claimant forever; subiect:to anyvested and accrued water' rights for mining,. agricultural, manufacturing, or ether purpose:, and rights.toiditchis and... reservoirs used' in connection with such water. right:, ss.may: be recognized. and acknowledged by.,the .locallcustams laws,`. and decisions of courts; and there Is reserved from the lands hereby granted a right of way.thhereon for ditches or canals constructed by the authority of the United cites *mart onto :.she Uni 5 tntes i periei:ttes liaarr see, the right to 'eater u oacup an d i e, say t orah l o said `land forth. es pr orridid it th h :ofl J. 10 41 Stag. 1063) and °s .of milt hat:. GIVEN 1under,my .haed,4 the City of Washington, the TWEbFT t day of In :the _year'of our Lord one r thousand nine •hundred and TWENTY-NINE and of he independence of the Secretary. Space above this line for recorder's use LEGAL DESCRIPTION OF PORTION OF SAID PATENT EXHIBIT E [LOT NO. 13, THREE RIVERS MEADOWS ESTATES SUBDIVISION "A LINCOLN COUNTY. WYOMING, BEING PART OF THE SW 1 /4 SW 1 /4 AND THE NW 1 /4 SW 1 /4 OF SECTION 28. T37N, R118W OF THE 6 P.M., LINCOLN COUNTY, WYOMING.] Township 37 North. Range 118 West. Section 28. 6 Principle Meridian )0351 Space above this line for recorder's use EXHIBIT F MEMORANDUM OF LAW ON RIGHTS, PRIVILEGES AND IMMUNITIES Transfer by patentee... "Title and rights of bona fide purchaser from patentee will be protected" United States v. Debel, (1915, CA8 SD) 227 F 760: United States v. Beaman, (1917, CA8 CO) 242 F. 876; State v. Hewitt Land Co., (1913) 74 Wash. 573, 134 P. 474 from 43 USCS 15, n. 44. AS AN ASSIGNEE, WHETHER HE BE THE FIRST, SECOND OR THIRD PARTY TO WHOM TITLE IS CONVEYED SHALL LOSE NONE OF THE ORIGINAL RIGHTS, PRIVILEGES OR IMMUNITIES OF THE ORIGINAL GRANTEE OF LAND PATENT. The U.S. Constitution says in Article I Sec. 10: "No State shall impair the obligations of Contracts." EQUAL RIGHTS PRIVILEGES AND IMMUNITIES ARE FURTHER PROTECTED UNDER THE 14th AMENDMENT TO THE U.S. CONSTITUTION WHICH SAYS: 'No State shall deny to any person within it's jurisdiction the equal protection of the law." In cases of ejectment, where the question who has the legal title, the Patent of the government is unassailable. Stanford v. Stanford, 139 U.S. 642, 35 L. Ed. 290. In Federal courts, the Patent is held to be the foundation of title at law Fenn v. Holmes, 21 Howard 481. IMMUNITY FROM COLLATERAL ATTACK: Collins v.. Bartlett, 44 Cal 371; Weber v. Pere Marquette Boom Co., 62 Mich. 626, 30 NW 469; Surget v. Doe, 24 Miss 118: Pittsmont Copper Co. v. Vanina, 71 Mont. 44, 227 Pac. 46, Green v. Barker, 47 Neb. 934 66 NW 1032. "legal title to property is contingent upon the patent issuing from the government. [Sabo v. Horvath, 559 p. 2d 1038, 1040 (aka. 1976)1 "that the patent carries the fee and is the best title known to a court of law is settled doctrine of this court," [Marshall v. Ladd, 7 Wall. (74 U.S.) 106 (1869)1 "a patent issued by the government of united states is legal and conclusive evidence of title to the land described therein, ho equitable interest, however strong, to land described in such patent can prevail at law, against the patent. [Land Patents, Opinions of the United States Attorney General's office. (Sept.1869)][Hafer v. Melo, 90 681 U S. (1991)], that held under title 42, United States Code, sec. 1983 suits "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured. Title 18, United States Code, sec. 241 EXHIBIT G 00353 Patent Case Law ALLODIAL TITLE MATTHEWS V., 10 GILL J (MD) 443 WALLACE V. ARMSTEAD, 44 PA. 492 WENDELL V. CRANDALL, 1 N.Y. 491 STANTON V. SULLIVAN 7A. 696 McCAR1'EE V. ORPHUM'S ASYLUM. 9 COW N.Y 437,18 AM. DEC. 516 PEOPLE V. RICHARDSON, 269 M. 275,109 N.E. 1033 LAND PATENT SANFORD V. SANFORD 139 US 642 FENN v. HOLMES, 21 HOWARD 481 LOMAX V. PICKERING, 173 US 26 GIBSON V. CHOUTEAU, 80 US 92 WILCOX V. JACKSON 13 PETER (US) 498 UNITED STATES V. STONE, 2 US 525 MINTER V. CROMMELIN, 18 US 87 JOHNSON V. CHRISTIAN 128 US 374 DOE v. AIKEN 31 FED. 393 SARGENT V. HERRICK STEVENS 221 US 404 NORTHERN R.R. CO. V. TRAIL COUNTY, 115 US 600 BEADLE V. SMYSER, 209 US 393 BAGNELL V. BRODERICK, 13 PETER (US) 436 vO854 Allodial Title Via Land Patent STEEL V. ST. LOUIS SMELTING REFINING CO. 106 US 417 HOGAN V. PACE 69 US 605 LANGDON V. SHERWOOD 124 US 74 CARTER V. RUDDY 166 US 493 RUDDY V. ROSSI 248 US 104 GOLDING V. SCHUBAC 93 US 32 SAVILLE V. CORLESS 46 US. 495 ECHART V. COMMISSIONERS, C.C.A. 42 F2d 158; 283 US 140 CLEVELAND V. SMITH 132 US 318 PEOPLE V. HINES, 89 P. 858,5 CAL. APP. 122 MITCHELL V. CITY OF ROCKLAND, 45 ME. 496 STATE TREASURER V. WRIGHT 28 ILL 509 WHITAKER V. HALEY 2 ORE. 128 TOWN OF FRANKFORT V. WALDO 128 ME. I McCARTHY V. GREENLAWN CEM. 158 ME. 388 CASSIDY V. AROOSTOCK 134 ME. 34 BARKER V. BLAKE, 36 ME. 1 MARSHALL V. LADD 7 WALL 74 US 106 UNITED STATES V. CREEK NATION 295 US 103 UNITED STATES V. CHEROKEE NATION 474 F 2d 628 MARSH V. BROOKS 49 U. S. 223 HOOPER V. SCHEIMER 64 U.S. 23 HOW 235 GREEN V. BARBER 66 N.W. 1032 W ALTON V. UNITED STATES 415 F 2d 121,123 (10th CIR.) 2 00355 Allodial Title Via Land Patent UNITED STATES V. BEAMON 242 F. 876 FILE V. ALASKA 593 P. 2d 268 LEADING FIGHTER V. COUNTY OF GREGORY, 230 N.W. 2d 114, 116 CHISHOLM V. GEORGIA, 2 DALL (U.S.) 419 WILCOX V. CALLOWAY [I WASH. (VA.) 38 -41] STATE V CRAWFORD 441 P. 2d 586590 YOUNG V. MILLER 125 SO. 2d 257,258 BEAVER V. UNITED STATES, 350 F 2d 4 dert denied 387 U.S. 937 STOLL V. GOTTBREHT 176 N.W. 932,45 N.D. 158 REICHERT V. JEROME H. SHEIP. INC 131 SO. 229, 22E ALA 133 SUMMA CORPORATION V. CALIFORNIA ex. rel. STATE LANDS COMMISSION, 80 L.ED 2d 237 OLIPHANT V. FRAZHO 146 N.W. 2d 685 UNITED STATES V. SPRAGUE 282 U. S. 716 UNITED STATES V. REYNES, 9 HOW (U.S.) 127 WISCONSIN C.R. CO. 124 U.S. 74,81 PUTNUM V. ICKES, 78 F.2d 233, CERT. DENIED 296 U.S. 612 KALE V. UNITED STATES 489 F2d 449,454 HOOFNAGLE V. ANDERSON, 20 U. S. (7 WHEAT) 212 THOMAS V. UNION PACIFIC RAILROAD CO. 139 F.SUPP. 588596 STATE V. CRAWFORD 441 P.2d 586590 (ARIZ.APP) WINEMAN V. GASTREL 54 FED, 819,4 CCA 596,1 US APP 581 CAGE V. DANKS 13 LA ANN 128 U.S. V. STEENERSON 50 FED 504,1 CCA 552,4 U.S. APP 332 JENKINS V. GIBSON, 3 LA ANN 203 3 Allodial Title Via Land Patent 00356 00357 Allodial Title Via Land Patent LITCHFIELD V. THE REGISTER, 9 WALL (U.S.) 575,19 LED 681 UNITED STATES V. DEBEL227 F 760 (C8 sd, 1915) STANEK V. WHITE, 172 MINN. 390,215 N.W.R. 781,784 WARE V. HYLTON, 3 DALL (3 U.S. 199) LOMAS V. PICKERING 173 US 26 43 L. ED. 601 COLOR OF TITLE DINGEY V. PAXTON, 50 MISS 1038 EHLE V. QUACKENBOSS 6 HILL NY 537 OAKLEY V. COOK 41 N.J. EQ. 350A.2d 496 DONOVAN V. PITCHER, 53 ALA 411 BIRGE V. BOCK 44 MO APP 69 CONVERSE V. KELLOGG 7 BARB N.Y. 590 BLOCH V. RYAN, 4 AOO CAS, 283 RYNOLDS V. BOREL, 86 CAL. 538 MOORE V. WILLIAMS, 115 N.Y. 586,22N.E. 253 ROBERTS V. BASSETT, 105 MASS 409 WRIGHT V. MATTISON, 18 HOW. (U.S.) 50 JOPLIN BREWING CO. V. PAYNE, 197 NO.422 94 S.W. 896 ST. LOUIS V. GORMAN 29 MO 593 RAWSON V. FOX, 65 ILL 200 DAVID V. HALL, 92 R.I. 85 MORRISON V. NORMAN, 47 ILL 477 McCONNELL V. STREET 17 ILL 253 MAHRENHOLZ V. COUNTY BOARD OF SCHOOL TRUSTEES OF LAWRENCE COUNTY etal. 93 ILL APP 3d 366 DEMPSEY V. BURNS 281 ILL 644 DRYDEN V.NEWMAN, 116ILL 186 HINCKLEY v. GREEN 52 ILL 223 BUSCH V. HUSTON 75 ILL. 343 CHICKERING V. FAILES, 26 ILL. 508 SAFFORD V. STUBBS 117 ILL. 389 HOOW AY V. CLARK 27 ILL. 483 McCELLAN V. KELLOGG 17 ILL 498 GRANT v. BENNETT 96 ILL. 513 MORGAN V. CLAYTON, 61 ILL 35 BRADY V. SPURCK 27 ILL 478 BUTTERFIELD V. SMITH ILL. 111 KENDRICK V. LA TRAM, 25 FLA. 819 HULS V. BUNTIN 4711 —L 396 WALKER V. CONVERSE 148 ll —L. 622 PEADRO V. CARRIKER 16811 —L 570 CHICAGO V- MIDDLEBROOKE, 14311 —L 265 PIATT COUNTY V. GOODEN, 97 ILL 84 STUBBLEFIELD V. BORDERS 89 ILL 570 THOMAS V. ECKARD, 88 ILL 593. COLEMAN V, BILLINGS, 89 ILL 183 WHITNEY V. STEVENS, 89 ILL. 53 HOLLOWAY V. CLARKE, 27 ILL. 483 BALDWIN V. RATCLIFF 125 ILL. 376 5 Allodial Title Via Land Patent BRADLEY V. REES, 113 ILL 327 COOK V. NORTON, 43 ILL 391 COUNTY OF PIATT V. GOODELL, 97 ILL 84 SMITH V. FERGUSON, 91 ILL 304 HASSETT V. RIDGELY, 49 ILL 197 BROOKS V. BRUYN, 35 ILL. 507 McCLAGG V. HEACOCK, 34 ILL. 476 BRIDE V. WATT, 23 ILL 507 WOODWARD V. BLANCHARD, 16 ILL 424 MARKETABLE TITLE AUSTIN v. BAMUM, 52 MINN. 136 ROBERT V. McFADDEN 32 TEX -CIV. APP. 47,74 S. W.105 BARNARD V. BROWN, 112 MICH 452 ORMSBY V. GRAHAM, 123 LA. 202,98 N.W. 724 WICHELMAN V. MESSNER, 83 N.W. 2d 800 CLOSE V. STUYVESANT, 132 ILL 607, 24N.E. 868 CUMMINGS V. DOLAN, 52 WASH. 496 100 P. 989 SABO V. HORVATH, 559 P. 2d 10381040 (AK 1976) DEFECTIVE TITLE HELLER V. COHEN 15 MISC. 378,36 N.Y. S. 668 PLACE V. PEOPLE, 192 ILL 160,61 N .E. 354 COSPERTINI V. OPPERMANN, 76 CAL. 181, 18P. 256 RASCHELL V PEREZ, 7 TEX, 348 HERMAN V. SOMERS, 158 PA. ST. 42427 A. 1050 6 00359 Allodial Title Via Land Patent SABO V. HORVATH, 559 P. 2d 1038 PORTER V. BUCK. 335 SO. 2d 369,371 WILD DEEDS THE EXCHANGE NATIONAL BANK V LAWNDALE NATIONAL BANK, 41 ILL 2d 316,243 N .E. 2d 193, 195 -96 Allodial Title Via Land Patent MANSON V BERKMAN 356 ILL 20, 190 N.E. 77 SCHELLER V TRUSTEES OF SCHOOLS OF TOWNSHIP 41 NORTH 67 ILL APP. 3d 85 MORTGAGE AS A LIEN NOT TITLE UNITED STATES V CERTAIN INTEREST IN PROPERTY IN CHAMPAIGN COUNTY, STATE OF ILLINOIS 165 F SUPP. 474 FEDERAL FARM MORTGAGE CORP. V GANSWER 146 NET 635,20 N.W. 2d 689 SOUTH OMAHA BANK V LEVY 95 N.W. 603 FIRST NATIONAL BANK V. SARGEANT 65 NEB. 39491 N.W. 595 MORRILL V. SKINNER 57 NEB. 164,77 N.W. 375 BARBER V CROWELL 55 NEB 57173 N.W. 1109 SPEER V HADDUCK, 31 FREEMAN (ILL) 439,443 UNITED STATES V. UNITED STATES CHAIN COMPANY 212 F. SUPP. 171 (N.D. ILL.) COMMON LAW UNITED STATES CONSTITUTION WESTERN UNION TELEGRAPH CO. V. CALL PUBLISHING CO. 181 U.S. 765 ROBBEN V ()BERING 279 F. 2d 387(7th CIR.) KARLSON V MURPHY 56 N.E. 2d 839387 ILL 436 PEOPLE ex. re1. BOARD OF TRUSTEES OF UNIVERSITY OF ILLINOIS V BARRETT 46 N.E.2d 951,382 ILL. 321 MITCHELL HUTCHINS AND CO. 54 N.E.2d 708322 ILL. APP. 409 HEINEMAN V HARMANN, 52 N.E. 2d 263, 385 ILL. 191 7 00360 l 00361 Allodial Title Via Land Patent WILLIAMSON V. WINNINGHAM 86 P, 2d 644, 650 (OKLA.) MISSOURI, KANSAS TEXAS RAILWAY CO. v. KANSAS PACIFIC RAILWAY CO., 97 U.S. 491,497 MARKS V. DICKSON 61 U. S. (20 HOW) 501 COUSIN V. BLANC'S EX., 19 HOW (U.S. 206,209) STATUTES AT LARGE THE MAIN PATENT STATUTE IS 3 STAT, 16th CONGRESS, SESS. I CH. 51 (1820) I2 STAT. 392, 37th CONGRESS, SESS II CH. 75 (1850 THE HOMESTEAD ACT) 9 STAT. 520 3 Pt CONGRESS SESS I CH. 85 (1850- MILITARY BOUNTY SERVICE ACT) 8 STAT. 123 29th CONGRESS SESS II CH. 8 (1847 RAISE MILITARY FORCE) 5 STAT. 444 21st CONGRESS SESS II CH. 30 (183]) 4 STAT. 51, 18th CONGRESS, SESS I CH. 174 (1824) 5 STAT. 56, 18th CONGRESS, SESSI CH. 172 (1824) 2 STAT 748 12th CONGRESS, SESS. I CH. 99 (1812) 2 STAT. 716, 12th CONGRESS, SESS. I CH. 68, (1812- GENERAL LAND OFFICE ACT) 2 STAT 590 11th CONGRESS, SESS. U, CH.3.5. (1810) 2 STAT. 437, 9th CONGRESS SESS. H, CH.34 (1807) 2 STAT. 437, 9th CONGRESS, SESS. H. CH. 34 (1807) [sic, sections U and H above are more likely II]