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HomeMy WebLinkAbout925631 000722 II This document is being recorde~ by Alliance Title and Escrow of W yommg, LLC as a courtesy only. PLEASE COMPLETE THIS INFORMA nON RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: GMAC Mortgage, LLC Assumption Department 3451 Hammond Avenue Waterloo,IA 50702 Prepared by: Jennifer Harken RECEIVED 12/27/2006 at 4:29 PM RECEIVING # 925631 BOOK: 644 PAGE: 722 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] GMACM Loan Number 587761503 ASSUMPTION OF LIABILITY AGREEMENT MIN # 1000375-0587761503-2> This agreement is effective the 151 day of January, 2007, entered into by Trent Simkins, hereinafter referred to as "purchaser", with GMAC Mortgage, LLC hereinafter referred to as "mortgagee", Whereas, mortgagee is the owner and/or servicer of that certain note executed by Trent Simkins and Jody Simkins, hereinafter referred to as "mortgagor", dated October 14,2005, in the amount of$120,102.00, payable to Mortgage Electronic Registration Systems, INC ("MERS"), solely as nominee for Lender, or hereafter defmed, and Lenders successors and assigns, as beneficiary. MERS is organized and existing under the laws of Pennsylvania, and has an address and telephone number of PO Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. GMAC Mortgage, LLC ("Lender"), and the mortgage securing said note of even date therewith, which mortgage was filed for record in the office of the recorder of Lincoln County, State of Wyoming, on October 17,2005 as Document No. 912869; in Book 601, at Page 411, and described as follows: 413 Happy Valley Ln. Afton, WY 83110 (Property Address) Whereas, the premises described in the aforesaid mortgage have been sold and conveyed to said purchaser; Now, therefore, in consideration of these premises, the sale of said mortgage property and other good and valuable consideration, purchaser hereby jointly and severally personally assumes and agrees to pay the indebtedness evidenced by the above described mortgage note and all indebtedness due or to become due thereunder and under the terms of the said mortgage, to holder or holders thereof, and to carry out and perform all the terms and conditions of the said mortgage and mortgage note as therein provided. Purchaser agrees that any release of prior mortgagors and obligors shall not in any manner affect or impair the indebtedness evidenced by the above described note, the lien of the above described mortgage or the covenants, agreements and obligations set forth in said mortgage and note, or affect, alter or diminish the remedies at law or in equity for recovery on said security, whether as collateral or otherwise. 09Z56,~ 000723 Purchaser further agrees that notwithstanding any release of prior mortgagors and obligors, purchaser, and each of them, shall be liable to pay the indebtedness evidenced by the aforesaid mortgage note and shall keep and perform all of the covenants and agreements contained in the aforesaid mortgage. Purchaser acknowledges that future assumptions of this mortgage may be restricted in accordance to the terms of the original mortgage. More specifically, the mortgage shall, with the prior approval of the Federal Housing Commissioner, or his assignee, declare all sums secured by this mortgage to be immediately due and payable if all or a part of the property is sold or otherwise transferred (other than by devise, descent or operation oflaw) by the mortgagor, without first obtaining the prior written consent as may be required by the mortgage and/or any riders thereof. I:; - - It) - t)(~ Date ' <I;;;---::ç~Þíl3 Trent Simkins - Purchaser Date - Purchaser State of ~. ) )SS: County of r/ì .) On this /~ day of ~~ ~ ' before a notary public in and for the said county, personally appeared Trent Simkins, to me known to be the person (or persons) described in and who executed the foregoing instrument and acknowledged that he (or they) executed the same as his (or their) free act and deed. ~ DONNA BOOTH· NOTARY PUBLIC COUNTY OF &\ STATE OF LINCOLN ., WYOMING MY COMMISSION EXPIRES SEPT. 20, 2007