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WARRANTY DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS, that this WARRANTY
D~D IN I,.IEU OF FORECLOSURE is made as of this 10-1'--' day of
...¡y¿62m.b¿~ 2008, by and between Joseph B. Kusnersyk ánd Kimberly A.
Kusnersyk, ("Grantors"), whose present mailing address is P.O. Box 283,
Quarryville, PA 17566, and the Mortgage Electronic Registration Systems, Inc.,
as nominee for Novastar Mortgage, Inc (the "Grantee"), whose mailing address
is. c/o Fidelity National FC Solutions, 1270 Northland Drive, #200, Mendota
Heights, MN 55120.
W!! N E SSE! H:
GRANTORS, for and in consideration of the sum of $10.00 and
other good and valuable consideration, to Grantors in hand paid by Grantee, the
receipt and sufficiency of which are hereby acknowledged and confessed, and
further in consideration of (a) the waiver by Grantee of its rights under the
mortgage described below, including the right to foreclose said mortgage, and (b)
the agreement of Grantee to reduce, and thereby release Grantors from any
further liability for payment of the indebtedness outstanding and unpaid by
Grantors pursuant to that certain Promissory Note dated as of July 21, 2006, in
the original principal amount of $269,875.00, executed and delivered by Grantors
to Grantee, by these presents, do hereby GRANT, BARGAIN, CONVEY, and
WARRANT unto Grantee all of their right, title, equity (including their equitable
and statutory rights of redemption), and interest in and to the following described
real property located in Lincoln County, State of Wyoming, more particularly
described as:
STAR VALLEY RANCH PLAT TWENTY-TWO (22)
LOT TWENTY-ONE (21) AS PLATTED AND
RECORDED IN THE OFFICIAL RECORDS OF
LINCOLN COUNTY, WYOMING.
with an address of
155 South Forest Drive, Thayne, WY 83127
hereto and by this reference made a part hereof, together with all
buildings and improvements situate on said real property and all fixtures and
appurtenances thereto (collectively, the "Property"), hereby releasing and
waiving all rights under and by virtue of the homestead exemption laws of the
State of Wyoming.
TO HAVE AND TO HOLD the Property, together with all and
singular, any and all other rights and appurtenances thereto in anywise belonging
unto Grantee, its successors and assigns FOREVER; and Grantors do hereby
bind themselves and their successors and assigns to WARRANT and FOREVER
DEFEND all and singular the Property unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or purporting to claim the
same or any part thereof.
BUT IT IS HEREBY EXPRESSLY ACKNOWLEDGED AND
AGREED THAT:
A. This Warranty Deed in Lieu of Foreclosure, and the
conveyance being made hereunder, is being executed, delivered, and accepted
in lieu of foreclosure of the Lien (as hereinafter described and defined), and as
an absolute conveyance to Grantee of all right, title, equity, and interest of
Grantors in the Property, including specifically, but without limitation, any equity
of redemption and the statutory right of redemption of Grantors therein or thereto.
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RECEIVED 1/22/2009 at 3:26 PM
RECEIVING # 944829
BOOK: 113 PAGE: 522
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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000523
Grantee has forgiven and fully released Grantors from any and all debt,
obligation, cost and charges existing under and by virtue of the promissory note
dated July 21,2006;
B. The lien ("Lien") for which this Deed is given in lieu of
foreclosure was created by that certain Mortgage dated as of July 21, 2006,
executed and granted by Joseph B. Kusnersyk and Kimberly A. Kusnersyk, as
mortgagors, to Mortgage Electronic Registration Systems, Inc., as nominee for
Novastar Mortgage, Inc., as mortgagee, and recorded in the records of the office
of the County Clerk and ex-officio Register of Deeds in and for Lincoln County,
State of Wyoming, on August 9, 2006, at Reception No. 921102 in Book 629 at
Page 578 was.
C. Grantors agree that if Grantee accepts title to the Property
under this Warranty Deed in Lieu of Foreclosure, such acceptance will not create
any liability on the part of Grantee to third parties who may have claims of any
kind against Grantors in connection with the Property. Grantee will not under this
Warranty Deed in Lieu of Foreclosure assume or agree to discharge any
liabilities with respect to the Property that shall accrue or occur prior to the date
on which this Warranty Deed in Lieu of Foreclosure is recorded 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 date on which such recording is made is
hereinafter called the "Recordinq Date"). Grantors agree to indemnify and hold
harmless Grantee from and against any loss, cost, damage, or expense
(including attorneys' fees and court costs) resulting from claims arising out of the
Property and arising from events that occurred prior to the Recording Date with
respect to the Property. This Warranty Deed in Lieu of Foreclosure does not
confer any third-party benefits on persons who are not signatory to this
instrument other than Grantee.
D. The acceptance of this Warranty Deed in Lieu of Foreclosure
by Grantee is expressly conditioned upon and is subject to the representation
and warranty of Grantors that title to the Property is good and indefeasible title,
free and clear of all liens and encumbrances of any nature whatsoever, except
for: (1) Any covenants, reservations, restrictions, conditions, exceptions, and
easements of record in the chain of title as of the Recording Date; (2) Any liens
of record in the chain of title (as of the Recording Date) which have priority over
the Lien; (3) The Lien; and (4) Encumbrances permitted by the Lien. If title to the
Property is not good and indefeasible as represented in this Paragraph D., then,
at the option of Grantee, Grantee may, in addition to any other remedy available
to it under this Warranty Deed in Lieu of Foreclosure, at law, or in equity,
reinstate and revive the satisfaction and release of the Indebtedness, in which
event, the satisfaction and release of the Indebtedness and any qualifications
upon the Lien shall be null and void and ineffective for all purposes.
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û00524
IN WITNESS WHEREOF, this Warranty Deed in Lieu of
Foreclosure has been executed on behalf of Grantors and Grantee on the date of
the taking of their acknowledgments, but the effective date of this Warranty Deed
in Lieu of Foreclosure for all purposes shall be deemed to be the Recording
Date.
GRANTORS:
Joseph B. Kusnersyk and Kimberly A.
Kusnersyk
~~~
By:
Jos
ACKNOWLEDGMENT
STATE OF ~z.~~~'Vc,-""c,- )
) SS.
COUNTY OF ~-LsV-.( )
The foregoing instrument was acknowledged before me Joseph B.
Kusnersyk and Kimberly A. Kusnersyk this \()~ day of --s:>.e.e.e..,.......'ûU'"
2008.
Witness my hand and official seal.
~~~\~
Notary Public
My Commission Expires:
2ÔMMONWEALi'H ÒF PE"¡NsŸLŸÂ~JIA
NQT ARIAL SEAL -
. CATHERINE 'J. SMITH, Notary Public
Wes.t Ch~ter 8ora., Chester County
" M CommiSSion Ex ires Ma 27, 2009
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