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STATE OF Texas
)
) SS.
)
RECEIVED 12/26/2008 at 10:11 AM
RECEIVING # 944324
BOOK: 711 PAGE: 654
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
COUNTY OF Collin
000654
CANCELLATION AND RESCISSION OF CERTIFICATE OF SALE
Deutsche Bank National Trust Company, Trustee, on behalf of the
Certificate holders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2,
Mortgage Pass-through Certificates Series 2004-NC2 being first duly sworn upon
her oath, states as follows:
1. Affiant conducted a foreclosure sale of the first mortgage on the
subject property held by Deutsche Bank National Trust Company, Trustee, on
behalf of the Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-
NC2, Mortgage Pass-through Certificates Series 2004-NC2. The mortgage on
the subject property was originally held by New Century Mortgage Corporation by
a mortgage dated October 24, 2003 and recorded on October 28, 2003 in Book
540 at Page 378, in the records of the office of the County Clerk and ex-officio
Register of Deeds in and for Lincoln County, State of Wyoming.
The mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, Trustee, on behalf of the
Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2,
Mortgage Pass-through Certificates Series 2004-NC2
Assignment dated: February 10, 2006
Assignment recorded: February 17, 2006
Assignment recording information: at Reception No. 916081 in Book 612 at Page
606 and re-recorded May 19, 2006
The property is described as follows:
Lot 12 of the Three River Meadows Subdivision, Lincoln County,
Wyoming
with an address of
434 Meadows Drive, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
2. Said foreclosure sale was conducted by the Sheriff in and for
Lincoln County, Wyoming at the time and place specified in the Notice of
Foreclosure Sale, to-wit: On July 18, 2006 at 10:00 am in the forenoon at the
front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln
County, State of Wyoming.
3. Said sale was being made pursuant to a Notice of Foreclosure Sale
published in the Kemmerer Gazette, a newspaper published and having general
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00ô655
circulation in Lincoln County, State of Wyoming once a week for four (4)
consecutive weeks commencing with the June 22, 2006 issue of said newspaper
and ending with the July 13, 2006 issue thereof.
4. At the foreclosure sale Deutsche Bank National Trust Company,
Trustee, on behalf of the Certificateholders of Morgan Stanley ABS Capital I Inc.
Trust 2004-NC2, Mortgage Pass-through Certificates Series 2004-NC2's bid was
the highest and best sum for the real property, that sum being $197,830.34,
therefore the Sheriff issued a Certificate of Sale dated July 18, 2006 and
recorded July 19, 2006 in Book 626 at Page 777 of the records of Lincoln County
to Deutsche Bank National Trust Company, Trustee, on behalf of the
Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2,
Mortgage Pass-through Certificates Series 2004-NC2, Sheriff's Deed was
recorded on December 15, 2006 as Document No. 925385 in Book 643 at Page
681.
5. Following the sale of the property, Affiant was notified that the
foreclosure sale should not have been held due to an error in the recording
information on all foreclosure documents.
WHEREFORE, AFFIANT, DEUTSCHE BANK NATIONAL TRUST
COMPANY, TRUSTEE, ON BEHALF OF CERTIFICA TEHOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-NC2, MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2004-NC2, HEREBY CANCELS
AND RESCINDS THE CERTIFICATE OF SALE SHERIFF'S DEED FILED
SUBSEQUENT TO THE SALE AND WAIVES ALL RIGHT, CLAIM AND
INTEREST TO ANY CLAIM OF TITLE TO THE PROPERTY, SO THAT THE
RESPECTIVE PARTIES REMAIN IN THE SAME RELATIVE POSITIONS AS
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00&656
THEY WERE IN BEFORE THE FORECLOSURE SALE, AS IF IT HAD NEVER
TAKEN PLACE.
Dated this _22nd_ day of December, 2008.
BY~
--
Kimberly Dawson, 1st Vice President
Title
STATE OF Texas
)
) SS.
COUNTY OF Collin
)
The foregoing instrument was acknowledged, subscribed, and sworn to
before me this 22nd day of December 2008, by, Kimberly Dawson_ for Deutsche
Bank National Trust Company, Trustee, on behalf of the Certificateholders of
Morgan Stanley ABS Capital I Inc. Trust 2004-NC2, Mortgage Pass-through
Certificates Series 2004-NC2.
Witness my hand and official seal.
EVF.LYN MCCUl
My CommissIon E
June 12, 2011
My Commission Expires:
06/12/2011
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