HomeMy WebLinkAbout964513THIS 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
00055
RECEIVED 5/11/2012 at 4:49 PM
RECEIVING 964513
BOOK: 786 PAGE: 55
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
NON MERGER DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS that 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 the 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;
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
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.
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.
DATED as of the i,7 day of P'1 iq\f 2012.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
This instrument was acknowledged before me on •Qe-te-ber
Devore.
(Seal, if any)
5268883_I.DOC
Wayn DeVore
(Signature of notarial officer)
My commission expires: j f
2
00050
,2011 -,by Wayne