HomeMy WebLinkAbout978136AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
cj 'MN;
6 TY8136 8/26/2014 2:08 PM 1
LINCOLN COUNTY FEES: $39.00 PAGE 1OF 10
BOOK: 838 PAGE: 460 AFFIDAVIT
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111 111111 1111 11111111111 i t 111 I I I 1 111111111 1 1111 11111 11111 1111111 I I 1 01/ 1111
I, WENDY DEE BARNES "Seller being duly sworn and under oath, warrant
to DIXIE L. OLORENSHAW, RICHARD J. ALLEN, and the ESTATE OF
KATHLEEN L. COLLINGS (jointly, "Lender and to HICKMAN LAND TITLE
COMPANY COMPANY "Title Company and their respective heirs and or
successors and assigns, as follows:
1. That I am over twenty -one (21) years of age; and that I reside in Afton,
Wyoming.
2. That I am the fee owner, and the sole owner, of the following property:
That real property described in the Warranty Deed that was recorded in the
land records of Lincoln County, Wyoming on October 8, 2009 in Book 733 at
Page 479 as Receiving No. 949939, a copy of which is attached hereto.
Together with and including all improvements thereon and all
appurtenances and hereditaments thereunto belonging.
Subject, however, to all reservations, restrictions, protective covenants,
exceptions, easements, and rights -of -way of record, in sight, or in use.
3. That I acquired the above described property through the Warranty Deed
that was recorded in the land records of Lincoln County, Wyoming on October 8, 2009 in
Book 733 at Page 479 as Receiving No. 949939 (the "Property
4. That the Property has been in my possession since the date of conveyance
to me, and that such ownership and possession has been uninterrupted and continuous,
open, notorious, hostile and adverse to all others and exclusive of the right or claim of
any other person or persons and our title has never been disputed or questioned. No
person has a contract for the purchasing of the Property and I know of no facts by reason
of which said possession or title may be called in question or by reason of which any
claim to any part of the Property or any interest therein adverse to might be set up. No
conditional bills of sale or chattel mortgages have been filed against the Property or
against any personal property or fixtures attached to or used in connection with the
Property.
AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE
BARNES OLORENSHAW, ET AL.
PAGE 1 OF 3
5. That there are no law suits or legal proceedings pending anywhere
affecting the Property and there are no claims or pending claims for accidents or other
legal claims with respect to the Property.
6. That there are no judgments against me that are unpaid or unsatisfied of
record, entered in any court of this State or of the United States, and the Property is free
from all leases, taxes, liens, encumbrances or charges of every nature and description,
save and except: HbAtt (FQy
7. That the Property is occupied as follows: sVa AT cam►_
8. That during the time that I have owned the Property, I married Jed
Jacobson. His homestead interest in the Property will be removed pursuant to Wyoming
law by his signature waiving any and all rights under and by virtue of the Homestead
Exemption laws of the State of Wyoming, executed by me and by him Simultaneously
with this Affidavit.
9. That I have not changed my name during the time that I have owned the
Property.
10. That I am party with Lender to an Agreement for Deed in Lieu of
Foreclosure of even date herewith "Agreement
11. That I am the person who has executed a Deed in Lieu of Foreclosure for
the Property on this date to Lender (the "Deed
12. That the Deed was executed and delivered by me pursuant to the
Agreement.
13. That the Deed was intended to be and is an absolute conveyance of title to
the Property to Lender in effect as well as in form; the Deed was not and is not intended
to serve or operate as a mortgage, deed to secure debt, security agreement, trust
conveyance, deed of trust, lien, security interest, or security of any kind; by virtue of the
Deed, the Agreement, and any other documents, I have waived, relinquished, and given
up any and all right, title, and interest, legal, equitable, or otherwise in the Property; the
consideration for the Deed was and is for our benefit and consists of Lender's execution
covenant not to sue in the Agreement.
14. That the Deed is intended to release and does release the indebtedness
evidenced by a Mortgage to Lender securing a Promissory Note in the original principal
sum of $100,000.00; said Mortgage being that which was recorded in the land records of
Lincoln County, Wyoming on October 8, 2009 in Book 733 at Page 483 as Receiving No.
949940, copies of which are attached hereto.
AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE
BARNES OLORENSHAW, ET AL.
PAGE 2 OF 3
15. That the Deed was executed and delivered as the result of my request and
was my free and voluntary act; I have no creditors whose rights would be prejudiced by
the Deed; my execution and delivery of the Agreement and other documents is not the
result of duress or undue influence, intimidation, misapprehension, bad faith,
unconscionable conduct, overreaching conduct, or misrepresentation by Lender, or any
agent, attorney, or any other representative of Lender.
16. That I have been represented by legal counsel of my own choosing
throughout the transactions contemplated or referenced in the Agreement, or I have
chosen to proceed without counsel, relying on my own knowledge and review of the
transactions.
17. That I am proceeding with the transaction contemplated by the Agreement
voluntarily pursuant to what I perceive to be in my own best interest. I understand that
the transactions contemplated by the Agreement may have adverse tax consequences and
I have consulted with such tax, legal, and accounting advisors with respect to such
consequences as I have deemed advisable.
18. That this Affidavit is made to induce Lender to accept the Deed, is made
for the protection and benefit of Lender and its successors, grantees, and assigns, the Title
Company, who may now or hereafter insure Lender's interests in the Property, and all
other parties hereafter dealing with or who may acquire any interest in the Property, all of
whom may rely on this Affidavit.
DATED this 2t day of August, 2014.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of j +t State of
Lincoln f, n;'; Wyoming
My Commission Expires: July 16, 2015
My Commission expires: 0711 ft
AFFIDAVIT FOR DEED IN LIEU OF FORECLOSURE
BARNES OLORENSI{AW, ET AL.
PAGE 3 OF 3
NDY THEE BARNES
SUBSCRIBED AND SWORN TO before me on this, the Z' day of August,
2014 by WENDY DEE BARNES.
File No.: 627640E
'WREN :RECORDED RETURN TO:
Name:
Address;
KATHLEEN L. COLLINGS, married woman as her sole and separate property, an tmdivided one -third interest
and DIXIE L. OLORBNSHAW, a single woman, as to an undivided one -third interest, and RICHARD 7,
ALLEN, a married man, as to an undivided one-third interest, as tenants in common,
GRANTOR(S) of LINCOLN County, State of, WYOMING CONVEY(S) AND WARRANT(S) to
WBNDY DEE BARNES, a single woman,
GRANTEE(S), whose address is P.O. Box 2, Lewisville, ID 83431 for the stun of Ten Dollars and
9 other good and valuable consideration, the following described real estate, situate in Lincoln County,
State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead
Exemption Laws of the State, to -wit:
See "Exhibit A" attached hereto
also known by street and number as: 45 Burton Lane, Anon, WY 83110
Subject to reservations and restrictions contained in the United States Patent and to easements and
rights -of -way of record or in use,
Together with all improvements and appurtenances thereon.
WITNESS, the hand of said grantors) this „Cfo-' day of /1Le�� 2009.
Q0.,
JSA�1 'FILEEN L, COLLINGS D L, OLO SHAW
W
-RICHARD J. ALL.EN
STATE OF la j 1
COFINTY OF C itgo
The foregoing instrument was acknowledged before me this c:- day of
by KATI L. COLLINGS, married woman as her sole and separate propbrty, an undivided
one-thi d interest, and NM L. OLORENSHAW a single woman, as to an undivided once -third interest and
ICIC-I B -:fiL i, a married man, as to an undivided one4hird interest, as tenants in common
the signer(s) of the within instrument, who duly acknowledged to me that he /she /they executed the
same,
WITNESS MY HAND AND OFFICIAL SEAL.
Al
Notary Public:7 jfrlei)
My commission expires to 1N (ijq
Dino Number: 627640E
EMIOJAN LAND TITLE COMPANY OE WYOMING
Wa:rady Deed— (Individual)
Page 1 Orr
WENDY DEE BARNES
P,0. Eox2
Lewisville, ID 83431
WARRANTY :11EED
(Individual Form)
IjidTli1e
Company
RECEIVED 10/8/2009 at 1:08 PM
RECEIVING 949939
BOOK: 733 PAGE: 479
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000479
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WARRANTY DEED
(Individual Form)
ICA.THLEEN L, COLLINGS, married woman as her solo and separate property, an. undivided one-third interest,
and DIXIE L, OLORENSHAW, a, single woman, as to an undivided one -third interest, and IRICHAIZD J.
ALLEN, a married man, as to an undivided one-third interest, as tenants hi common,
GRANTOR(S) of LINCOLN County, State of, WYOMING CONVEY(S) AND WARRANT(S) to
WENDY DEE BARNES, a single woman,
GRANTEE(S), whose address is P.0, Box 2, Lewisville, ID 83431 for the sum of Ten Dollars and
other good and valuable consideration, the following described real estate, situate in Lincoln County,
State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead
Exemption Laws of the State, to -wit:
See "Exhibit A" attached hereto
also known by street and number as: 45 Burton Lane, Afton, WY 83110
Subject to reservations and restrictions contained in the United States Patent and to easements and
rights-of-way of record or in use.
Together with all improvements and appurtenances thereon,
WITNESS, the hand of said grantor(s) this 30th day of September 2009,
—I EEN7 INGS DIME L, OLORENSHAW
O AR
R1 HARD I, LEN
STATE OF Iowa
COIJNTY OF Scott
The foregoing instalment was acknowledged before me this 30th day of September
2 009 bey, I THL L,N L. CO1 GS, married woman -as-he II I ¢tivided
n e h i n d i n t e r e s t a n d o 9 t II .A III Uu tvl• es one- lr ii
RECHARD 1. ALLEN, a married man, as to an undivided one -third interest, as tenants in common
the signer(s) of the within instrument, who duly acknowledged to me that he /she /they executed the
same, I
WITNESS MY IIA OFFICI SEAL,
li
I F'Ilk* I ,,.a., WILLIAM 4. NOF 7
u f Comialsslon Nurabur 711 D Ir
qr kly Commlas l xpiroa2! 1
Pile Nmnber; 6276405
HCCt MAN LAND TITLE COMPANY OP WYOMING
Wxrtanty lleed (Chdivldnal)
Paget of
Notary Public:
My commission. expires 7,4/0
File No.: 62 ?64DP
WHEN RECORDED RETURN TO;
Name; WENDY DEB BARNES
Address; P.O. Box 2
Lewisville, ID 83431
ooimtso
RELEASE AND WAIVER For good and valuable consideration, the receipt and sufficiency of which is
Y, c,,( (le4 rho hereby forever release and waive all rights under and
by virtue of the Homestead Exemption Laws of the State of Wyoming in regard to;
SEE EXHIBIT "A"
I, "RA J J do understand that my husband, RICHARD ALLEN, is selling the
property described in Exhibit "A in Lincoln County, State of Wyoming.
Dated: This day of SEPTEMBER, 2009.
STATE OF -WYOMING
01 6.COUNTY OF -1 N
WITNESS my hand and fEcial seal.
Notary Public:
My Commission Expires:
Residing in:
s s•
The foregoing instrument was ao1 owledged before me this of SEPTEMBER 2009, by
1NILwJ J,AOF OW
Commission Numbor fttaaao
My Commis a loe Erplraa /6'yd
13XHIBIT "A"
PARCEL 1; A tract of land in the South Half of the South Half of the Southwest Quarter of the Northwest
Quarter (S S SW NW' 14) of Section Nineteen (19), Township Thirty. Two (32) North, Range 118 West,
6 Principal Meridian, County of Lincoln, State of Wyoming, more particularly described as follows, to wit:
BEGINNING at a point Fifty (50) feet East and 13.5 feet North of the West Quarter (W comer of said
Section and running thence North 118 feet;
Thence East, 369.1 feet;
Thence South 118 feet;
Thence West, 369.1 feet, to the Point of Beginning,
EXCEPTING THEREFROM the following described traot of land described as follows:
BEGINNING at a point 50 feet East and 13.5 feet North ofthe West Quarter (W comer of Section 19,
Township 32 North, Range 118 West 6' P,M., Wyoming and cunning thence North, 118 feet;
Thence East, 184,55 feet;
Thence South, 118 feet;
Thence West, 184.55 feet, more or less, to the point of beginning.
PARCEL 2: BEGINNING at a point 419.1 feet East and 91.5 feet North from the West Quartet section (W' /t)
corner of Section 19, Township 32 North, Range 118 West, Sixth P, M., Wyoming (said beginning point being on
the East boundary line of the LaNa Allen property), and running thence North, along the Eastboundary line ofthe
said Allen. property, 40,0 feet, to the Northeast comer thereof;
Thence West, along the North boundary line of said property, 50.0 feet;
Thence North, 12.0 feet;
Thence Bast, 53,0 feet;
Thence South 52,0 feet;
Thence West, 3.0 feet, to the Point of Beginning.
Pilo Number! 62764171
HICICMAN LAND TITLE COMPANY ON WYOMING
Wornnty Dced (Ltdivldeol)
raga 2 of
ctOO482
8100;900.00. Mn, 'Wyoming.
Septenther 23,:20G9
the -undersigned, jointly.9pd.sqvcially promiod to piiyto.theordet bf.tATIlLtEX L. f)1J..11slOS, a
thartied.wornaal:Oldr sok and separate property,. An undifylded opo ititerdst,.DIXE
QLOltgitl814AW a ittglo woellrtn atfo an hixii,vide:Et one-tbird.inierast, and PICRAIPY;J: ALLEN.: a
nunried man, a td an.:unclivIcied opeAbird inlerast;24tenants'in.blzienindn at :'611.11-ft. PC 'BOX ked0
A41`.6 OD 14- C1110 or at such dtlaer place as belctliloreef:n.la7
suneof Ono Phiridredltionsand dollais:and,Zato cants ($100A0G..601,1awful.monay of the Unitecl
payable as falldivb:
Principal arid ititorOst. pqradnts. of 399,56.r inonlb, dna Rudy ofiblee or the: 25TH day:of:cob:It
diranneuoing.Ootobor 200'9 with.n.gaturity dad of Seritandset 25,014.
.Interest on Cho. nnpaid..balance thereof frdin data until paid at ilia rata of Ellc (6%) percent par annum.
Daildbit 1)101x-ft:tulle amount on $93,P doe:91.2512Q14
A. ate thargd of 5: 9/d of to payment duo Wia olliarettrif 1:IA614p 1;1 roe elvad more lb= i5 days past
to tido glato.
"Propornant c)f thourite With Intorest td. 4gta dtpayrnan;xnaY bolgade. at any time withontpenalty,
tha. holdoi deaiii fcaua or. it default' be inad9 payrnant .ttftlid wildlo :or any pat bf any'
inslallmant at the time 0141.1 1130111am valiora to stint becomes dna una Payti* as nibresaidobantlia
.antire balahae witbantatest as afon)said, Ault at 10 aleatiolt oftbelioldar.libreof.and wid-kj.‘anotf
o sni:ti elodon babotnn due and pqalo Ta 'the .avea o .a.ny snail &Ault or aclaaratinix, t
undaiignid; 1:ointly ;tind agree. to 1/34 holder ,ILMO reasobable gttellMee 1
e7apanse:i atd:layr.fpl ccilleQUOu (gist's in addition to hrspins t1i6 mater,
'No makers, snroti gsararitorS• andianxibtSeYS .baredneveralty WAIN Prese1te,ent: ImOiektOleitargi
and rioti6e ordslonor and nonpayment. of thi npte and oonscnt td. any aid :all. axtonslons of *no,
xpenala, walstrs or ninlifioaddni that inily.14:.granted hy tho licildrhoreof wth respeerDirtliepapnbat.or
bthor :provisions of this note, trtict the teleaba or :any seenti dr any pt thopof, with wt} o wiled
subs ntion.
MNDY DAMS
PROMISSORY NOTE
monsonpyrrxrg,:4610Aily'451 moor
Auts“.inii.trIang
pp.!.
WHEN' RECORDED RETURN TO:
Name;
Address;
Signed in the presence of
WITNESS the hand of said Mortgagor, this y of September, 2009.
WENDY
KATHLEEN L, COLLINGS
DIXIE L. OLORENSHAW
RICIIARD 7, ALLEN
EE BARNES
Notary Public: D. FENTON
My commission expires 10 /11 /2011,
MORTGAGE
da
HICKMAN LAND *N UL COMPANY OP WYOMING Vila Number; 62764DP
Mortgage Buyer Ind
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vasutuuuuua arlirtntarte /asstsassaa
00 0483
M
WENDY DEB BARNES, a single woman, Mortgagor of Lewisville, County of Lincoln, State of Idaho, hereby
mortgage to KATHLEEN L, COLLINGS, a married wornan as her sole and separate property, an
undivided one -third Interest, DIXIE L. OLORENSHAW, a single woman, as to an undivided one -third
interest, and RICHARD J. ALLEN, a married man, as to an undivided one third interest, as tenants in
common, Mortgagee of 45 Bruton Lane, Afton, WY 83110, for the sum of Ono Hundred Thousand dollars and
Zero Dents ($100,000,00) the following described tract of fend in Lincoln County, State of Wyoming, hereby
releasing and waiving all rights tinder and by virtue of the homestead exemption laws of the State, to wit;
See "Exhibit A" attached hereto
This mortgage is given to secure the following indebtedness; one note of even date herewith for $100,000.00 made
payable at the times and place and at the rate specified in the note
This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the
appointment of a receiver by any competent court and the receiver Is hereby authorized to rent the said property and apply the
proceeds on this obligation.
The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire
in some fire insurnnec company approved by the mortgagee, with loss, If any payable to mortgagee, during the life of this
mortgage.
The Mortgagors also agree to pay all taxes and assessments on said premises, Inoludiag any assessments that may bo levied on
water rights or shores of stook used in connection herewith, or held ss collateral with the above note; also any out that may bo
assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fors in case of foreclosure, or the
commencement of any legal proceedings for foreclosure of the some, and said attorney's fees shall be added to the amount due on
this mortgage, and made n lien on the premises described heroin. In case of default in Oho payment of any sum covenanted to be
paid, either the principal or interest when the carne shell become due and payable, or In case of default Itt rho performance of any
covenant heroin contained, the whole amount of this indebtedness seamed herein may be Immediately declared due and payable,
and to boar Interest at the sate of 10 percent per annum *ern tho date of such default, and this mortgage foreclosed et the option
of the legal holder. In the event of default, Mortgagors grant to Mortgagees n Power of Sala to foreelosc on and sell said
property as public auction pursuant to 34.4 101 et sou. Wyo, Stat., 1977, or Its successor.
STATE OF Wyotning
ss,
COUNTY OF Lincoln
acl r wL'
On this 23, Fid- do yof September, 2009, personally appeared before rna, WENDY DEE BARNES, n single woman
Who anlmowledged to me that he/she/they executed the same,
Witness tpy hand an fficial seal.
RECEIVED 10/8/2009 at 1:12 PM
RECEIVING /f 949940
BOOK: 733 PAGE: 483
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EXHIBIT "A"
000484
PARCEL 1; A tract of land in the South Half of the South Half of the Southwest Quarter of the
Northwest Quarter (S �'4 S''4 SW A NW '/a) of Scotian Nineteen (19); "township Thirty -Two (32) North,
Range 118 West, 6" Principal Meridian, County of Lincoln, State of Wyoming, more partioularly
described as follows, to wits
DIMMING at a point Fifty (50) feet East and 13,5 feet North of the West Quarter (W corner of said
Section and running then° North 118 feet;
Thence East, 369,1 feet;
Thence South 118 feat;
Thence West, 369.1 foot, to the Point of Beginning.
EXCEPTING THEREFROM the following described tract of land described as follows:
BEGINNING at a point 50 feet East and 13.5 feet North date West Quarter (W 1/4) corner of Section 19,
Township 32 North, Range 118 West, S P.M., Wyoming and running thence North, 118 feet;
Thence East, 184.55 feet;
Thence South, 118 foot;
Thence West, 184,55 feet, more or less, to the point of beginning.
PARCEL 2: BEGINNING at a point 419,1 feet East and 91.5 feet North from the West Quartet.saotion
(W 1/4) corner of Section 19, Township 32 North, Range 1.18 West, Sixth P, M., Wyoming (said
beginning point being on the East boundary line of the LaNa Allen property), and running thence North,
along the East boundary line of the said Allen property, 40.0 feat, to the Northeast corner thereof;
Thence West, along the North boundary line of said property, 50,0 feet;
Thence North, 12,0 feet;
Thence East, 53.0 feet;
Thence South 52.0 feet;
Thence West, 3.0 feet, to the Point of Beginning.
FIICKMAN LAND TITLE COMPANY OP WYOMINCI 1+IloNumber: 627640P
Mortgage nuyc[ led
Pago 2 of 2