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<br />Conveyance does not occur in the absence of the foreclosure of <br />the Deed of Trust. C.R.S. 38-35-117. Corporations may also take <br />title to real property in the corporate name prior to the act <br />of incorporation. C.R.S. 38-34-105. But title does not vest in <br />the grantee corporation until the grantee is incorporated. <br />2. The convenyance of minerals or mineral rights to <br />Aamtex Co., by Claude Hammit and Darla and Gene Hammit in October <br />and November of 1978, constituted a conveyance to Gene and Darla <br />Hammit under the assumed name of Aamtex Co., they being the only <br />persons or entities associated with that Trade Name. The Land <br />Bank therefore on December 4, 1978, acquired a lien on the ~ <br />minerals held by the Hammits in their individual name or under <br />the name and style of Aamtex Co. The lien was subsequently <br />foreclosed and title derived by Plaintiffs to said lands and <br />mineral rights and minerals thereon by virtue of the Public <br />Trustee's Deed passing them to the Federal Land Bank, the grantor <br />of the Plaintiffs. <br />J <br />ORDER <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that <br />such title as the Defendants Hammit might have had to all <br />minerals or mineral rights held in the name of Gene Hammit, <br />Darla Hammit, individually or by Gene Hammit and Darla Hammit <br />doing business as and under the name and style of Aamtex Co., <br />said minerals or mineral rights being appurtenant to some or <br />all of the lands described in Schedule A, be and is hereby <br />quieted in the names of the Plaintiffs above named. <br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED that <br />Summary Judgment be and is hereby denied as to all other <br />matters herein. <br />DONE IN OPEN COURT this 14th day of April, 1989. <br />BY THE COURT: <br />~~~~ , <br />GARTH L. NIESCHBU G, DISTRICT UDGE <br />pc: John S. Lefferdink, Esq. <br />John Gehlhausen, Esq. <br /> <br />2. <br />