HomeMy WebLinkAbout957087SPECIAL WARRANTY DEED
Completed By: Ginali Associates, P.C.
947 N. Plum Grove Road, Schaumburg, IL 60173
RECEIVED 12/9/2010 at 11:26 AM
RECEIVING 957087
BOOK: 758 PAGE: 501
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000501
THIS INDENTURE, made on the (ii day of 1s/00 Abp(2011,8, by and between Deutsche Bank
National Trust Company, as Trustee under Novastar Mortgage Funding Trust, Series 2007 1, hereinafter
referred to as Grantor, and duly authorized to transact business in the State of Wyoming, party of the first
part, and Aron R. Kendall, party of the second part, WITNESSETH, that the party of the first part, for and
in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid by the
party of the second part, the receipt whereof is hereby acknowledged, and pursuant to authority of the Board
of Directors of said corporation, by these presents does REMISE, RELEASE, ALIENATE AND CONVEY
unto the party of the second part, Aron R. Kendall and his heirs and assigns, FOREVER, all the following
described real estate, situated in the County of Lincoln, State of Wyoming known and described as follows,
to wit:
Lot 9 of Riverview Meadows Subdivision to the Town of Alpine, Lincoln County, Wyoming as
described on the official plat filed on July 2, 1993 as Instrument No. 767416 of the records of the Lincoln
County Clerk.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim or demand whatsoever, of the party of the first part,
either in law or equity, of, in and to the above described premises, with the hereditaments and
appurtenances: TO HAVE AND TO HOLD the said premises as above described, with the appurtenances,
unto the party of the second part, Aron R. Kendall and his heirs and assigns forever.
And the party of the first part, for itself, and its successors, does covenant, promise and agree, to
and with the party of the second part, Aron R. Kendall and his heirs and assigns, that it has not done or
suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner
encumbered or charged, except as herein recited; and that the said premises, against all persons lawfully
claiming, or to claim the same, by, through or under it, it WILL WARRANT AND DEFEND as to matters
of title.
Permanent Real Estate Numbers: 37183040000800
Address of the Real Estate: 404 Snake River Dr.
Alpine, Wyoming 83128
IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto
affixed, and has caused its name to be signed to these presents by its authorized agent, the day and year first
above written.
MAIL TO: SEND SUBSEQUENT TAX BILLS TO:
STATE OF l COUNTY
On this date, before me personally appeared
acknowledged that he execute the same as his free act and deed.
In Witness Whereof, I have hereunto set my hand and affixed my official seal in the State of
California aforesaid, this` day of Novak I%)
My term Expires:1
11� P-tv;
Notary Public
Commission 1831328
RENEA BORUNDA
Notary Public California D
z,t'" Orange County
My Comm. Expires Jan 16, 20'13 R
00+u502
Deutsche Bank National
Trustee under Novasta
Trust, Series 2007 -1
By: "MITRIVASIFI
t Company, as
ge Funding
of
Saxon Mortgage Services, INC as attorney
in -fact.
After Recording please return to:
Att: Document Management Department
Saxon Mortgage Services, Inc
4708 Mercantile Dr. N.
Fort Worth, Texas 76137
LIMITED POWER OF ATTORNEY
111111 11111
111111111111
I:NSTR '4 2008006151
OR EK 02517 PG 0289
RECORDED 11/14/2008 03 :27 =58 P11
DEE ANNE BRENNAN TOWN CLERK
NORWICH, CT.
If
KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company (formerly
known as Bankers Trust Company of California, N.A.), a New York banking corporation, incorporated
and existing under the laws of the State of New York, and having its principal place of business at 1761
East St. Andrew Place, Santa Ana, California, 92705, as Trustee (the "Trustee pursuant to those certain
servicing agreements between, among others, the Trustee and Saxon Mortgage Services, Inc. (the
"Service/") relating to the trusts referenced in Exhibit A attached hereto (each a "Servicing Agreement
hereby constitutes and appoints the Servicer, by and through the Servicer's officers, the Trustee's true
and lawful Attorney -in -Fact, in the Trustee's name, place and stead and for the Trustee's benefit, in
connection with all mortgage loans serviced by the Servicer pursuant to the Servicing Agreements solely
for the purpose of performing such acts and executing such documents in the name of the Trustee
necessary and appropriate to effectuate the following enumerated transactions in respect of any of the
mortgages, deeds of trust, or security deeds (the "Security Instrument and promissory notes secured
thereby (the "Mortgage Notes for which the undersigned is acting as Trustee for various holders under
the respective Servicing Agreements (whether the undersigned is named therein as mortgagee or
beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any
such Security Instrument) and for which Saxon Mortgage Services, Inc. is acting as the Servicer.
This Appointment shall apply only to the following enumerated transactions and nothing herein or in the
Agreement shall be construed to the contrary:
1. The modification or re- recording of a Security Instrument, where said modification or re-
recording is solely for the purpose of correcting the Security Instrument to conform same
to the original intent of the parties thereto or to correct title errors discovered after such
title insurance was issued; provided that (i) said modification or re-recording, in either
instance, does not adversely affect the lien of the Security Instrument as insured and
(ii) otherwise conforms to the provisions of the Agreement.
2. The subordination of the lien of a Security Instrument to an easement in favor of a public
utility company of a government agency or unit with powers of eminent domain; this
section shall include, without limitation, the execution of partial satisfactions /releases,
partial reconveyances or the execution or requests to trustees to accomplish same.
4. The completion of loan assumption agreements.
000504
3. The conveyance of the properties to the mortgage insurer, or the closing of the title to the
property to be acquired as real estate owned, or conveyance of title to real estate owned.
5. The full satisfaction/release of a Security Instrument or full conveyance upon payment
and discharge of all slims secured thereby, including, without limitation, cancellation of
the related Mortgage Note.
6. The assignment of any Security Instrument and the related Mortgage Note, in connection
with the repurchase of the mortgage loan secured and evidenced thereby.
7. The full assignment of a Security Instrument upon payment and discharge of all sums
secured thereby in conjunction with the refinancing thereof, including, without
limitation, the assignment of the related Mortgage Note.
8. With respect to a Security Instrument, the foreclosure, the taking of a deed in lieu of
foreclosure, or the completion of judicial or non judicial foreclosure or termination,
cancellation or rescission of any such foreclosure, including, without limitation, any and
all of the following acts:
a. the substitution of trustee(s) serving under a Security Instrument, in accordance
with state law and the Security Instrument;
b. the preparation and issuance of statements of breach or non performance;
c. the preparation and filing of notices of default and/or notices of sale;
d. the cancellation/rescission of notices of default and/or notices of sale;
e. the taking of deed in lieu of foreclosure; and
f. the preparation and execution of such other documents and performance of such
other actions as may be necessary under the terms of the Security Instrument or
state law to expeditiously complete said transactions in paragraphs 8.a. through
8.e. above.
9. With respect to the sale of property acquired through a foreclosure or deed in lieu of
foreclosure, including, without limitation, the execution of the following documentation:
a. listing agreements;
b. purchase and sale agreements;
c. grant/warranty /quit claim deeds or any other deed causing the transfer of title of
the property to a party contracted to purchase same;
d. escrow instructions; and
e. any and all documents necessary to effect the transfer of property.
006505
10. The modification or amendment of escrow agreements established for repairs to the
mortgaged property or reserves for replacement of personal property.
The undersigned gives said Attorney -in -Fact full power and authority to execute such instruments and to
do and perform all and every act and thing necessary and proper to carry into effect the power or powers
granted by or under this Limited Power of Attorney as fully as the undersigned might or could do, and
hereby does ratify and confirm to all that said Attorney -in -Fact shall be effective as of October 20, 2008.
This appointment is to be construed and interpreted as a limited power of attorney. The enumeration of
specific items, rights, acts or powers herein is not intended to, nor does it give rise to, and it is not to be
construed as a general power of attorney.
Nothing contained herein shall (i) limit in any manner any indemnification provided by the Servicer to
the Trustee under any of the Servicing Agreements, or (ii) be construed to grant the Servicer the power to
initiate or defend any suit, litigation or proceeding in the name of Deutsche Bank National Trust
Company except as specifically provided for herein. if the Servicer receives any notice of suit, litigation
or proceeding in the name of Deutsche Bank National Trust Company or Bankers Trust Company of
California, N.A., then the Servicer shall promptly forward a copy of same to the Trustee.
This limited power of attorney is not intended to extend the powers granted to the Servicer under the
Agreement or to allow the Servicer to take any action with respect to Security Instrument or Mortgage
Notes not authorized by the Servicing Agreements.
The Servicer hereby agrees to indemnify and hold the Trustee and its directors, officers, employees and
agents harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions,
judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by reason
or result of or in connection with the exercise by the Servicer of the powers granted to it hereunder. The
foregoing indemnity shall survive the termination of this Limited Power of Attorney and the Servicing
Agreements or the earlier resignation or removal of the Trustee under any of the Servicing Agreements.
This Limited Power of Attorney is entered into and shall be governed by the laws of the State of New
York, without regard to conflicts of law principles of such state.
Third parties without actual notice may rely upon the exercise of the power granted under this Limited
Power of Attorney; and may be satisfied that this Limited Power of Attorney shall continue in full force
and effect and has not been revoked unless an instrument of revocation has been made in writing by the
undersigned.
IN WITNESS WHEREOF, Deutsche Bank National Trust Company, as Trustee has caused its corporate
seal to be hereto affixed and these presents to be signed and acknowledged in its name and behalf by a
duly elected and authorized signatory this 20th day of October 2008.
3
Acknowledged and Agreed
Saxon Mortgage Services, Inc.
STATE OF CALIFORNIA
COUNTY OF ORANGE
Witness:
Name chard Vieta
Title Trust Administrator
By:
Titl 1
By:
WITNESS my hand and official seal.
(SEAL)
Deutsche Bank National Trust Company, formerly known as Bankers
Trust Company of California, N.A., as Trustee
Name: Ronaldog/Reyes
Title: Vice President
Not. Pubh .,'e to of Califo
4
Witness:
Name: Tim .1 an
Title: Trust Administrator
OO
On October 20, 2008, before me, Tiffany Yuan, a Notary Public in and for said state, personally
appeared Ronaldo R. Reyes of Deutsche Bank National Trust Company, as Trustee for each of the trusts
listed on Exhibit A hereto, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed that same in his
authorized capacity, and that by his signature on the instrument the entity upon behalf of which the
person acted and executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
TIFFANY YUAN
Commission 1693742 6
Notary Public California
Orange County
My Comm. Expires Sep 15.2010
MORGAN STANLEY IXIS REAL ESTATE
CAPITAL TRUST 2006 -2
EQUIFIRST MORTGAGE LOAN TRUST 2005 -1
SOUNDVIEW HOME LOAN TRUST 2005 -2
MERITAGE MORTGAGE LOAN TRUST 2004 -2
MERITAGE MORTGAGE LOAN TRUST 2005 -1
GSAA HOME EQUITY TRUST 2006 -2
MORGAN STANLEY ABS CAPITAL I INC. TRUST
2007 -HEI
MORGAN STANLEY LOAN TRUST 2005 -2AR
MORGAN STANLEY LOAN TRUST 2005 -5AR
MORGAN STANLEY LOAN TRUST 2005 -9AR
EXHIBIT A
5
0
EQUIFIRST MORTGAGE LOAN TRUST 2004 -2
SOUNDVIEW HOME LOAN TRUST 2004 -1
SOUNDVIEW HOME LOAN TRUST 2006 EQ1
MERITAGE MORTGAGE LOAN TRUST 2004 -3
MERITAGE MORTGAGE LOAN TRUST 2005-2
MORGAN STANLEY ABS CAPITAL I INC.
TRUST 2006 -HE8
MORGAN STANLEY ABS CFITAL INC, TRUST
2007-SES1
MORGAN STANLEY LOAN TRUST 2005 -3AR
MORGAN STANLEY LOAN TRUST 2005 -6AR
MORGAN STANLEY LOAN TRUST 2005 -11AR
Exhibit A
006808
Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage
Funding Trust, Series 2006 -4
Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage
Funding Trust, Series 2006 -5
Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage
Funding Trust, Series 2006 -6
Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage
Funding Trust, Series 2007 -1
Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage
Funding Trust, Series 2007-2
Aileen Cabalu
Lynne Grinolds
Marie Martin
Sandy Tran
SAXON MORTGAGE SERVICES, INC.
Incumbency Certificate
0
The undersigned certifies that:
1. That he is the Assistant Secretary of Saxon Mortgage Services, Inc., a Texas
corporation (the "Company and that as such officer is authorized to execute and
deliver the Certificate in the name and on behalf of the Company.
2. The undersigned further certifies that the following persons who are employees of
Old Republic National Title Insurance Company are duly elected with the
signatory authority of Assistant Vice President of the Company, as the true and
lawful agent and attorney -in -fact of the Company, with limited authority with
respect to any real property interest that the Company currently has or hereafter
may have to do or perform in the name, place and stead and for its use and
benefit, to execute, endorse and acknowledge all documents customarily and
reasonably necessary and appropriate for the facilitation and disposal of Real
Estate Owned "REO properties owned or serviced by the Company:
The Assistant Vice President's authority, shall include, but is not limited to:
a) The facilitation of the marketing and disposal of REO properties (i) owned
by the Company or (ii) serviced by the Company for others pursuant to an
agreement that authorizes the Company to dispose of such REO
properties, for such price and to such person or persons as the Assistant
Vice Presidents shall deem proper and convenient, including the
execution, acknowledgement, delivery, filing and recordation of a deed or
deeds of conveyance, agreements of sale and other ancillary documents
necessary for the absolute sale and disposal of the REO properties, or any
part thereof, with such clause or clauses, and agreement or agreements as
the attorney -in -fact shall deem proper and expedient. To perform all other
acts necessary to be done in regard to such powers, as amply and fully to
all intents and purposes as the Company could do if personally present;
Old Republic Incumbency Certificate 1 of 3
Old Republic Incumbency Certificate
2 of 3
00u510
b) The facilitation of the maintenance of REO properties (i) owned by the
Company or (ii) serviced by the Company for others pursuant to an
agreement that authorizes the Company to maintain such REO properties,
including the making of any contract or agreement, that in the opinion of
the Assistant Vice Presidents, is necessary and proper to be entered into
for the repair or maintenance of such REO properties, and pursuant
thereto, to execute any and all papers or documents pertaining to any such
repair or maintenance and in connection with this to do all acts necessary
to execute, deliver, acknowledge, file and record such papers or
documents when necessary;
c) The facilitation of the collection, demand and other actions necessary or
desirable to collect any or all sums of money that may now be or hereafter
become due and owing pursuant to mortgage or hazard insurance contracts
or claims when applicable under the relevant state law when directly
related to REO properties (i) owned by the Company, or (ii) serviced by
the Company for others pursuant to an agreement that authorizes the
Company to dispose of such REO properties;
d) The facilitation of the eviction according to state law of occupants from
REO properties (i) owned by the Company or (ii) serviced by the
Company for others pursuant to an agreement that authorizes the
Company to dispose of such REO properties;
e) The negotiation of a voluntary vacancy agreement with the occupant(s) of
REO properties "Cash for Keys and /or "Cash for Deed (i) owned by
the Company, or (ii) serviced by the Company for others pursuant to an
agreement that authorizes the Company to dispose of such REO
properties;
f) The application to the Internal Revenue Service "IRS for a release of
lien recorded against REO properties (i) owned by the Company, or (ii)
serviced by the Company for others pursuant to an agreement that
authorizes the Company to dispose of such REO properties under IRS
Publication #487 "Application Requesting the United States to Release Its
Right to Redeem Property Secured by a Federal Tax Lien;" and
g) The endorsement, cashing, negotiating and dealing with all checks, money
orders and other forms of payment of any kind in connection with the
facilitation of the marketing and disposal of REO properties (i) owned by
the Company or (ii) serviced by the Company for others pursuant to an
agreement that authorizes the Company to dispose of such REO
properties.
006511
IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate
in the name and on behalf of the Company effective as of July 15 2010.
Old Republic Incumbency Certificate
BY: (.ti l%%?,
Name: William F. Schneider
Title: Vice President, Assistant General Counsel
and Assistant Secretary
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