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HomeMy WebLinkAbout905513RECORDATION REQUESTED BY: Zions First National Bank ~/~, 7.,19n~ ,'sgri~ul~urai lqnancc 500 Fifth Street Ames, IA 50010-6063 WHEN RECORDED MAIL TO: Zions Agricultural Finance 500 Fifth Street Ames, IA 50010~6063 RECEIVED 12/27/2004 at 3:34 PM RECEIVING # 905513 BOOK: 576 PAGE: 66 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE Al',( ~\'il Fills LINE FOR REcoRDEws USE Loan No. 20401243 ASSIGNMENT OF MORTGA(; E/DEED OF TRUST THIS ASSIGNMENT entered into this 17th day of December ,2004, by and between ZIONS FIRST NATIONAL BANK (hereinaCter referred h, :t, "Assimmr") and U.S. BANK NATIONAL ASSOCIATION, AS CUSTODIAN/TRUSTEE (hereinafter rclcrrcd to as%Assim~ee"). RECITALS Assignor is the owner and holder of a Note dated l)cccml)er 17, 2004, in the original principal amount of $1,300,000.00 (the "Note"). The Note is secur~-J hx the following Deed of Trust and Mortgage which were filed for record concurrently herexxi~l~ ccxcring real property described in Exhibit "A" attached hereto and incorporated herein by reference: Deed of Trust executed by Putnam Ranch, l.l.lk a Utah Limited Liability Partnership; Keith L. Putnam, not personally but as Trustee ~}n behalf of the Keith L. Putnam Inter Vivos Trust dated the 7th day of June 1994; and Iirma N. Putnam, not personally but as Trustee on behalf of the Erma N. Putnam Inter X'ix,s Trust dated the 7th da), of June 1994, to Assignor and duly filed for record in the oflkc ,,i' thc Recorder of Rich Count),, State of Utah; and b. Mortgage executed by Putnam Ranch, LLI'. a t'tah Limited Liability Partnership; Keith L. Putnam, not personally but as Trostee on I~chalf of the Keith L. Putnam Inter Vivos Trust dated the 7th da), of June 1994; and Erin, N. Putnam, not personally but as Trustee on behalf of the Erma N. Putnam Inter Vivos '1 rust dated the 7th da)' of June 1994, to Assignor and duly filed for record in the office of the Rccordcr of Lincoln County, State of Wyoming. Said Mortgage or Deed of Trust w-as filed for r(:c:ord in Book ~- ~ at Page '~ as Document No. 6~ IA 2. Assignor has t]SeTa~;f~il right to endorse the Note a~J '~sign fl~e Mortgage/Deed of Trust to Assignee. 3. Assignee desires to purchase the Note and have :t,,~ncd to it all security instruments held by Assignor securing repayment of the Note including. I~,~t lIter limited to the Mortgage/Deed of Trust. NOW, THEREFORE, in consideration of Ten Dollar~ 15, I li.(){)) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the paFi~v, i~cFcb.X agree as follows: Assignor does hereby sell, assign, transfer, convex..,'~dorse, set over and deliver to Assignee the Mortgage/Deed of Trust together with the Note, clcl,i ~md claim secured by said Mortgage/Deed of Trust, and all liens, collateral assignments, pov, cr,. ,~1' attorney to transfer stock and security instruments created under, with or related to the Mo~l ~,:t uc'Dcccl of Trust or the Note. 2. The Assignor does represent and warrant that it is tl~. ,,x~ ncr of the Mortgage/Deed of Trust aud Note secured thereby and fully authorized and empowered ~,, make the Assignment contained herein. IN WITNESS WHEREOF, this Assignment is executed linc d~ttc ~bove indicated. ZIONS I:111S'I' NATIONAL BANK i. l{no~re~ident ATTORNEY-IN-FACT ACKN( )\\I~EI)GMENT STATE OF IOWA ) (SS. COUNTY OF STORY ) On this 17th day of December, A.D. 2004, before me ;~ x,,,l;.-x Public in and for said State, personally appeared PAUL G. KNOP, to me personally known, who bei~ hv me duly sworn, did say that he is VICE PRESIDENT of ZIONS FIRST NATIONAL BANK, a Utah c. Flmr:~tiun, the Attorney-In-Fact of U.S. BANK NATIONAL ASSOCIATION, AS CUSTODIAN/TRUSTEE, named in the foregoing instrument; that no seal has been procured by said corporation, and that by authority of its l;,~trd o1' Directors said instrument was signed by said corporation in its capacity as Attorney-In-Fact of U.S. Bank ;',~t iona[ Association, as Custodian/Trustee, and the said PAUL G. KNOP acknowledged the execution of said i~,t~,mcnt to be the voluntary act and deed of said corporation in its capacity as the Attorney-In-Fact of U.S. Bank F,:~i,~al Association, as Custodian/Trustee. WITNESS my signature and official seal the day and year ~t I,~Fcsaicl, at Ames, Iowa. Mark W. Baker Notary Public in ;~.i liar iht State of Iowa My commission ~.',l~ircs ()ctober 12, 2005 THIS INSTRUMENT WAS PREPARED BY PAUL G. KNOI. ~ ~ ZIONS AGRICULTURAL FINANCE, 500 FIFTH STREET, AMES, IOWA 50010-6063, (515) 232-7310. EXHIBIT "k" Real estate located in the County of Rich and State of Wyoming, to-wit: RICH COUNTY, UTAH.: State of Utah, and in the County of Lincoln and PARCEL 1: Commencing ~t a point located North 89048'00" Ea~c, Long the Section line 215..36 feet kora the Southwest Comer of the Southeast Quarter of Section .22, Town~hip 9 North, t<z:~ge 6 East of the Salt Lake Base and Meridian; thence North 0° i 1'44" West parallel to the Quarter Section line 545.70 fo:t; theace North 30°23 '38" V/est 63.96 feet; thence North 60046'05" East 72.86 fi:et; thence North !7°48'05" V/cst 134.11 feet; thence North 72022' 10" East 61.85 feet; thence North 12°28'00" West 213.55 feet; thence South 45°00'00" Wesz along the South Right of Way line of State P, oute 39, 77.07 feet4 thenc= North 0°11'44" West parallel to the Qu~_<er Sectioa line 391.49 fi:et to the Sk'cteenth Section line; thence North 89030'06" East along the SLxteenth Section 1295 .? [ feet; thence due South 2640.15 feet to tke South tine of the Northeast Quarter of the Northeast Quarter of Section 27, ;~d Towaship and Range; thence South $9°52'067 West along the SLxteenth Section line 1'155.38 feet; thence North ~'~3',;'43" East parallel to the Quarter Secxion line 13 12.93 feet; thence South $9048'00" West 100.00 feet to the pok~t of beginning. Said parcel is subject to the Right of Way for State Route 39. ALSO, commencing 20 rods West of the Nor&east Comer of the ~';,;cJ~:-:~ Quarter of the Southeast Quarter of Sec~on 22, Township 9 Norda, Range 6 East of the Salt Lake Base and Me,dian, and t~un/ng thence West 60 rods; thence South 80 rods; thence East'60 rods; thence North $0 rods {o the place of bc~k;2~ing. ALSO, the Nor'&west Quarter of the Southeast Quarter of Section '2Z, To~>ush.ip 9 North, Range 6 East of the Salt Lake 'Base and MericlJan. LESS: that portioa of the above described tz~:J deeded to State Road Commission oFU'tah and Recorded in Book Z at Page 155 on August 24, 1959. PARCEL 2: Commencing at a point 68.2 rods East of the Nor'da,,,,'c~; Comer of the Southwest Qum'ter of the Nort.hwest Quarter of Section 23, Tov,-nskip 9 North, Range 6 East of the Salt L~-:e Base and N[eridinu, and running thence South 240 rods; thence East 120.8 rods; thence North 67.3 rods; thence V/c,< 59 rods; thence North 15.7 rods; theace West 12 rods; thence North 77 rods; thence East 5 rods; thence North 25 rcd;; thence East 7 rods; thence North 55 rods; thence -West 61.8 rods to the place ofb%qnning. · EXCEPTh-NG TI-IEREFKOM THE STATE ROAD deeded in Bo,:.!: Z at Page 154. PARCEL 3: Part of the Nordawest Quarter of Section 9, Township 9 Nor*da, Range 7 East of the Salt Lake Base a. nd Meridian, described ms follows: Beginning at the Southeast Conac,: of the Northwest Quarter of said Section 9, and running thence West 792 feet to the East side of the State Road rii,:}~t-o£-way; thence t~mnlng Northeasterly along the East right-of-way line of said road (said fight-of-way making a curve lc0 tb~e fight) 2900 feet, more or less to the North line of Section 9, Township 9 North, Range 7 East ofthe Salt Lake Br~c and Meridian; thence East 150 feet to the Northeast Comer of the Northwest Quarter of said Section 9; thence South ?G~0 £::t to the place of beginning. Page 1 of 6 PARCEL 4: Part of the Northwest Quarter of Section 9, Township 9 North, Range 7 East of the Salt Lake Base and Meridian, described as follows: Beginning at a point 900 feet Em:t ,of the Northwest Comer of said Sect/on 9 and running thence South 768 feet; thence West 495 feet; thence North 66o04'02'' West 442.14 feet; thence South 0°21' West (South by record) 1644.16 feet; thence South 89048'27'' East 468.0 feet; ti~cncs South 0°21'00'' West 468.0 feet; thence East 521 feet; thence North 150 feet; thence East 759 feet to the West figt~t-of-way line of a State Highway; thence Northeasterly along the West right-of-way line of said mad (said right-o£-way making a curve to the right) 2750 feet, more or less, to the North llne of Section 9, Township 9 North, K2~Z.e 7 East ofthe Salt Lake Base and Meridian; thence West in said North line of said Section 9, 1550 feet, more or less, to the place 0fbegirming. PARCEL 5: The South half of the South half of the Northeast QuarTer and the North half of the North. half of the Southeast Quarter of Section 9, Townsh/p 9 North, Range 7 East of the Salt Lake Base and Meridian. PARCEL 6: That part and portion of Section 23 in To~-nskip 9 i';(~t~t~ of Range 7 East of the Salt Lake Base and Meridian bounded as follows: Commencing atthe Northeast Com,~:r of said Sect/on 23 and running thence Sou~ 5295 feet to the South. east Comer of said Section; thence North 49020' Wc:[ 1948 feet; thence North 62°31' West 2642 feet; thence North _6 ~> West 3132 feet; thence East 5226 feet to the p,oint of beginning. PARCEL 7: Commencing at the Northwest Comer of Section 2'4, Township 9 North, Range 7 East, Salt Lake Meridian, Utah, and running thence East 1530 feet to a point on the CormD' i?.(~ad on the Eaxt end ora carrie guard; thence South 15°33' West 5709 feet, more or less to the Southwest Comer of s:~i(t Section 24; thence North to the point of beginning. P.4~RCEL 8: Section 1, Township 13 North, Range 7 East of the 5alt Lake Base and Meridian: All except the West half of the Southwest Quarter. P:A_RCEL 9: Section 4, Township 13 North, Range 8 East of the S~_!t Lake Base and Meridian: Lots l, 2, 3 and 4. Pz-U~CEL 10: 'Section 6, Township 13 North, Range 8 East of&z Salt Lake Base and.Meridian: Lots .1, 2 and 3; the South half of the Northeast Quarter;, the Southeast Quarter of the ?%rrhwest Quarter and the Northeast Quarter of the Southwest Quarter. PARCEL 11: Section 7, Township 13 North, Range 8 Ea_vt of tEe 5ail Lake Base and Meridian: The SoUtheast Quarter of the Southeast Quarter. PARCEL 12: Section 8, Township 13 North, Range 8 East of¢c 5~t Lake Base and Meridian: The SouthWest Quarter of the Southwest Quarter. PARCEL 13: Section 9, To~,raship 13 North, Range 8 East of thc 531t Lake Base and MeddD, m: Lots 1, 2, 3. and 4. . PARCEL 14: Section 17, Township 13 Nor&, Range $ East ofi5:: S~t Lake Base and Meridian: The North half of the North half. PARCEL 15: Section 18, Township 13 North, Range. 8 East of ~x:~' S~t Lake Base and Meridian: The Northeast Quarter of the Northeast Quarter. PARCEL 16: Section 28, Township 14 North, Range 8 Eaxt of d'~c 531t Lake Base and Meridian: Lot4. PARCEL 17:' Section 29, Township 14 North, Range li East orris:: Salt Lake Base and Meridian: The South half of the Southeast Quarter, the Southeast Quarter oft. he Southwest Quaz[cr and Lot 2. Page 2 of 6 PARCEL 18: Section 30, Township 14 North, Range 8 East offlr~: Salt Lake Base and McHdian: Northeast Quarter, Lots 1, 7 and 8. The East half of the PARCEL 19: Section 3 l, Township 14 North, Range 8 East of t?,c SSt Lake Base and Meridian: The North half of the Northwest Quarter, the South hal£ofthe Northeast Quarter, the S(~uth half of the Northwest Quarter, the South half; -Lots 1, 2 and 3. PARCEL 20: PARCEL 21: Section 32, Township 14 North, Range 8 East offs: $~t Lake Base and Meridian: All. Section 33, Township 14 North, Range g East of thc Salt Lakz Base and Meridian: Lots 1, 2, 3 and 4: LESS AND EXCEPTk-NG FROM all of the above pamels, all, oil,~..~_nz and mineral rights as pmviously reserved in the following: Book E, Page 889 Book G, Page 2gg Book Ps Page 53 Book T, Page 483 Book V, Page 505 Book X2, Page 53 Book U3, Page 519 Book X3, Page .37 F~ook XS. Page 218 F;ook H4. Page 489 Biook H4 Page 491. Book H4 Page 492 Book H5 Page 94 Uook H_5 Page 95 BookW6 Page 485 Book I'7, Page 223 LINCOLN COUNTY, WYOMING: parts of Sections 2, 3, 9, 10,'11, 15, 21 and 22, all in Towoship 22 North~ Range 120 West of the 6th Princiual Meridian, bein~ more particularly described as follows: Beginning on the North line of said Section 2 at a point locuted sou~h 89"$7'07" East, 376~.40 ~eet ~rc~n %he Northeast corner of said Section 2, said point being a~o located on the East right of way line of LincOln County ~o~d rio. 207; running thence Wzst alon~ th~ ~orth lines of said suctions 2 and 3 %o the NorthWest corner of said Section 3; thence South along the Wes~ lins of said Section 3 to the B0rth~e~t corner of th~ ~W,sWI thereof; thence ~ast along the North l£ne said SW¼SW¼ to the Northe~s~ corner thereof; thonca 'South along the East iins of said SH~SW~ to the Southeast corner tlereof and the Northeast corner 'of the NW~N~ of ~aid Section ]0; %honce South along the East line of said NW~NW~ ~o the Southeast corner theveo'£; thence w~st along the south lino o£ said tlW¼~IW,i.to the Southwest corner thereof; thence South ulong the west line of the to the Southwest corfl~r thereof and the Northeast corner of the SE.~ of said ~ection 9; [h~nce West along the North lin~ Page 3 of 6 - 0,:; 71 of said SE¼ to the utah-Wyoming state Linc; thence South along said State line .to the south line of said Section ~; thence East alon~ 5aid South line to the Southeast corner of ~aid Section 9 and the Northwest corner of said Section 15; thence South along the West line of said SectiQs 15 to the Southwest corner thereof and the Northsast' corner of said section 2~; thence West along the lqorth line of said Section 21 to the Utah-Wyoming State Line; thence South along said .Stats line to the south line of 'the Northeast Quarter of ~aid Section 21; thence East along said South line to the' southeast corner of said NE,~ and the Southwest corner ~f the NW~ of said Section 22; thence East along the South line of said NW~ to tho East right of way line of Lincoln County Road No.. 207; thence Northeasterly along ~aid East line to the West .line of Track 43 in s~id Township; thence North .along said West line to tho NorthweSt ~orner of said Tract 43; thence East along the North line of said Tract 43. to corner l~umber $ oF Tract 48 in said Township; thence along Tract 48 North to CorDer Number 6; thence East to corner 7; thencz North to corner 8; thence ~.ast to corner ~; thence North to Cornier 10 and the So~th line of Tract 49; thence West al. cng the South line of Tract ~9 and maid south line e~tend-ad Westerly to its intersection with the East right of w~y line of Lincoln County Road No. 207; thence Northeasterly . mlong smid ~ri~hh of wg~7 line to the polar of beginning. All of Lot 9, Section 21, ToWnship 22 ~orth, Range 120 West of the sixth Principal Meridian, State of ~yomin9. That Part of Lot 24 of Section 22, Township 22 North, Range 120 West, Lincoln County, Wyoming and [)~rt of those tracts of record in the o~fic0 of the Clerk of Lincoln County in Book 43 of Photo,ratio Records on page % 22 and in Book 1 62 of Photostatic Records on page 42~, described as follows: Beginning at the Northeast corner of Tract 54 of said Township 22 North, Range ]20 West, found as described in tho certified land corner recordation cer%ificatD filed in the said Office; thence East 31~.8 feet to a point identical ~itt~ the tlorth~ost corner of Parcel ~l of record .in said office in Book 178 of Photostatic Records on paFm 81§; thence South 11~53' West, ~20.53 feet along, the West line of that tract of record in Book ~78 and the East line of that tract of record in 'Book ~3 to an intersection uith a fence line; thence North 79~09.3' West, · 232.35 feet along said fence line to an intersection with the West l~ne of ~aid Lot 24 identical with the East line of said Tr~c~ $4; . thence North, the base hearing for this ~escription, 367.8 feet along the ~aid East and ~;est lines to the corner of beginning, all in accordance with th~ plat titled, "PLAT OF TRACTS IN LOT 2~ SECTION 22 TRACT 54 SECTION 21 TOWNSHIP 22 NORTH ]~kNGE ~20 WEST LINCOLN COUHTY~ ~rYOMING" to b~ £]led in ~aid office. Page 4 of 6 That part of Tract $4A of-ToWnship 22 ~or~h, Range 120 West, Lincoln County, Wyoming, and part of that 5fact of record the office of the Clerk o~ Lincoln County in Book 188 of. Photostatic Records on page 317 described az icl]owe: Beginning at Corner No. 1 o[.said Tract 54A fouled ~ described in the Certified Land Corner Recor&ation C~rt£~ic~te filed in the said' office, thence west, 46.00 fee% along the North ]~ne of said Tract 54A to an intersection with the Southeasterly right-of-way line of C0keville-Utah line County Ro~d No. ]2-207; thence South 29"35' West, 372.31 fe~ along 0aid right-of-w~y %0 an intersection with the protraction of a fence 'line located in Lot 24 of Section 22 of the said Town,hip 22 North, Range 120 ~eat; thence South ~9"09.3' East, 233.98 feet along a protraction of maid fence linc to an intcr~ection with the East lin~ of ~aid Tract S~A; thence North, the base bearing for thl~ descriptioa, 367.80 fee~ along thc said East line to the corner of beginning; all in accordance with the plat titled "PLAT OF TRACTS IN LOT 2~ SECPION 22 TRkCT 54 SECTION 21 TOWNSHIp 22 NORTH RANGE 120 WEST LINCOLH COUNTY, wYOMINg" to be filed in said office. Johnson Ranch Beginning ~t a point situated Upon the west boundary of Tyact 42 from wheace the Northwest cotter of ~aid Section ~7 bears Nor[h 0"12' for 2,501.4 feet; thoDce Horth for 1,269.6 feet; thonce South 63'57' Eas~, 7,453.$ felt; thence south west, 192.0 feet along the Western boundaries of the holdings of John Sedey and Beckwith-Quinn and company of (Lawrence Johnmon); thznce North 7]'44' we~t 7,05~.7 fcct tO thc point of beginning. Beginning ah a point from whence the ~Iorthweat corset of Lot 24 of said Section 22 bears We~t 314.8 feet; thence 1,005.2 'fast to Corner lqo. 7 'of Track 43; thence North ~3,999.6 feet to Corner No. 8 of T~act 43; thence East 1,320 feet to Corner No. 5 of Tract 48, a point situate upo,~ the North boundary of Tract 43; thence South 23'59' East, 5,295.3 feet; thence North' 81'38' WeSt 636 feet; thence South 74'20' Wesu, 1,164 feet; thence North 84~25' West, 2,906.9 feet; thence Horth 11'53' East 794 feet to the point of beginning. Also a parcel of land in Section 15 ~nd section 22, Township 22 North, Range 120 West 6th P.M., Lincoln County, Wyoming, comun~scin~ at Corner No. $ of TraCt 49 of Resurvey of ToWnship 22 North, Range ]20 Wes5; thence South 25°09'49" west, 6,]99.24 fe~t to the point of beginnlo~ of thio description; thence South 19'35'37" West, 3,982.04 feet; thence North 89"14'04" East 1,338.01 f~et; thence North 0'03'10" West, 3,722.57 feet to the point of beginning. LEs~ THE F~3LLOWINC: Beginning at a point ~ltuate upon the West boundary of Tract ~2 from whence the Northwest corner of said Section 27 bears South 1,343.1 Page 5 of 6 feet, mo~e or less; thence 762.3 feet more or less, along the West houn&ary of Tract 42 to the No[thwest cornel of Lot 24 of said Section 22; thence East 314.8 feet; thence South 11'53' West, 794 feet; thence North 84'25' %;est, 155.1 'feet to the point of b~ginning. Meadov Pines Beginning at the Northwest Corner of Lot 24, which is situated 'at the West boundary of Tract 42, Township 22 North, Range 120 West of the ~th P.M-, Wyoming [which point of beginning 2,105.3 feet North of the Southwest Corner of said Section proceeding thence North 89'20' We~t 4~ feet to the East right-of-~ay line of the County Road; thence $outh 29'35' West 592.25 f~et alon~ said County Ro~d right-of-way; thence South 68'47' East 363.5 fe:t to the West boundary of Tract 42; thence North ~45.8 feet along the said West boundary to the point of b~glnnin~. Page 6 of 6