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Home My WebLink About957137'601'1019442 WARRANTY DEED IN LIEU OF FORECLOSURE and ASSIGNMENT OF LEASES Shan R. Townsend and Nicki L. Townsend, Husband and Wife, collectively referred to as "Grantor whose place of residence is 61 Astorian Ln., Smoot, WY 83126, for and in consideration of other valuable consideration of one dollars ($1.00) in hand paid, conveys and warrants unto SFR 2010 -2 REO Corporation, Grantee, whose place of business is 2180 Garnet Ave., #2E, San Diego, CA 92109, its successors and assigns, all such right, title, interest, property, possession, claim and demand, as Grantor may have or ought to have, in or to all of the following described premises, to -wit:: LOT 1 OF COTTONWOOD SHADOWS I SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 3, 2006 AS INSTRUMENT NO. 919889 OF THE RECORDS OF THE LINCOLN COUNTY CLERK Commonly known as Cottonwood Shadow 11, Smoot, WY 83126 Property Identification No.: 12- 3018- 08 -3 -00- 085.00 This Deed is an absolute grant of title in effect as well as in form, and is not intended by the Grantors to be a Mortgage. The Grantors hereby releases and waive any and all of his rights under and by virtue of the homestead exemption laws of the State of Wyoming and hereby release and waive all legal and equitable rights of redemption under the laws of the State of Wyoming. This Warranty Deed in Lieu of Foreclosure is expressly made subject to the terms and conditions of the supporting Affidavit executed in connection herewith. TO HAVE AND TO HOLD the said premises unto the said Grantee, its successors and assigns, to its own proper use and behoof forever, so that neither Grantor nor any other person in his name or behalf shall or will hereafter claim or demand any right or title to the premises or any part thereof, but he and every other shall by these presents be excluded and forever barred. Grantor further hereby assigns to Grantee all of Grantor's rights in all leases which affect the above described property. Dated: (0 2X- 2010. STATE OF WYoon la SS COUNTY OF Liiitoc4l The foregoing instrument was acknowledged before me by SHAN R. TOWNSEND, this a) day of dG o36f 2010. Witness my hand and official seal. My commission expires: u J' f 943 a CHRIS ALLRED S itemawnt OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JULY 5, 2012 NOTARY PUBLIC 0 1 of 2 RECEIVED 12/14/2010 at 10:51 AM RECEIVING 957137 BOOK: 758 PAGE: 645 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYY.sNN 6 COUNTY OF LIMletti( SS The foregoing instrument was acknowledged before me by NICKI L. TOWNSEND, this '6 day of CC7b3E2 2010. Witness my hand and official seal. My commission expires: JULY '1, 2019- EIAITS ALLRED NOTARY PUBLIC COUNTY OF I A STATE OF LINCOLN WYOMING A MY COMMISSION EXPIRES JULY 9, 2012 2 of 2 NOTARY PUBLIC 000646 AFFIDAVIT IN SUPPORT OF WARRANTY DEED IN LIEU OF FORECLOSURE STATE OF WYOMING COUNTY OF LtNte t.t4 SS Shan R. Townsend and Nicki L. Townsend, Husband and Wife, hereinafter collectively referred to as "Grantors," being first duly sworn, upon oath depose and say as follows: 1. Grantors executed and delivered to America West Bank, a mortgage in the principal amount of $425,000.00 which was recorded on July 17, 2007, in Book 666PR, Page 45 of the real estate records of Lincoln County, Wyoming Clerk and Recorder, which encumbers the following described real property: LOT 1 OF COTTONWOOD SHADOWS I SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 3, 2006 AS INSTRUMENT NO. 919889 OF THE RECORDS OF THE LINCOLN COUNTY CLERK Commonly known as Cottonwood Shadow 11, Smoot, WY 83126 Property Identification No.: 12- 3018- 08 -3 -00- 085.00 (Hereinafter "the Property. Grantors acknowledge that the entire indebtedness secured by the Mortgage described above is due and owing and that Grantors are obligated to the current note holder 2010 -2 SFR Venture, LLC "Note Holder for the full payment thereof, and that as a result, the Note Holder is entitled to foreclose the above described Mortgage. 2. Grantors no longer desire to continue making payments to Note Holder as required by the Mortgage. 3. Pursuant to an agreement between Grantors and Note Holder, Grantors have made, executed and delivered to SFR 2010 -2 REO Corporation "Grantee a Warranty Deed in Lieu of Foreclosure, hereinafter referred to as "the Deed," which conveyed the Property to Grantee. 4. Grantors acknowledge that they have executed and delivered the Deed voluntarily, in good faith on the part of the Grantors and Note Holder, and without any fraud, misrepresentation, duress, undue influence, misapprehension as to the effect thereof, and without any misunderstanding on the part of the Grantors or Note Holder, and Grantors assert that the Deed was not given as a preference against any creditors of the Grantors. 5. The Grantors acknowledge, agree and certify that the Deed was an absolute conveyance of the Grantors' right, title and interest in and to the Property, together with all buildings, and improvements thereon and appurtenances thereunto belonging, and that with the delivery of the Deed, Grantors do release and waive any and all rights under and by virtue of the homestead exemption laws of the state of Wyoming and did release and waive all of Grantors' rights of redemption, both legal and equitable, and Grantors acknowledge that Grantors have no rights to a reconveyance of the Property or any right to any sale proceeds Grantee may receive from a subsequent sale of the Property. 6. Grantors acknowledge and agree that the value of the Property is not in excess of the amount of the total debt owed the Note Holder. Grantors agree that Note Holder's Mortgage against the Property shall remain in full force and effect until specifically released by the Note Holder and nothing contained in the Deed or this instrument shall be construed to work as a merger of the Note Holder's Mortgage and any title Grantee may acquire by the Deed. 7. Grantors agrees that neither the Deed nor this instrument shall restrict the rights of the Note Holder to institute foreclosure proceedings if it desires, but the conveyance by the Deed shall be and is hereby intended and understood to be an absolute conveyance and an unconditional sale, in effect as well as in form, and is not intended by the Grantors to be a Mortgage or additional security for any existing Mortgage. The Deed shall not restrict the right of the Note Holder to institute foreclosure proceedings if it desires, but the conveyance by the Deed shall be and is hereby intended and understood to be an absolute conveyance and an unconditional sale which will fully extinguish all of Grantors' legal and equitable rights of redemption, and will fully release all Grantors' rights, title and interest of every character in and to the Property. Exhibit "A" 000647 8. Grantors acknowledge that immediately upon execution of the Deed, Grantee shall become entitled to immediate, absolute and exclusive possession of the Property, and that Grantors shall thereafter be deemed a tenant at sufferance unless Note Holder and Grantors agree otherwise in writing. 9. The consideration for the Deed was and is the full release of Grantors from any and all further personal liability to the Note Holder under the Promissory Note and Deed of Trust; Grantors will be paid $10,000.00 by Note Holder as additional conditional consideration if the property is vacant by and left in clean condition. 10. Grantors acknowledge that in the event any /all personal property is left in or about said premises as of the date possession is surrendered as indicated herein, whether in the interior or exterior of said premises, by signing below, Grantors hereby waive and relinquish any right, title or interest in said personal property and further herein agree that Grantee or its agents may remove and dispose of any such remaining personal property at Grantee's discretion and in any manner which it sees fit. 11. This Affidavit has been made for the protection and benefit of the Note and Grantee, and each of their successors and assigns, and all other parties hereinafter dealing with or who may acquire an interest in the Property, and shall bind the personal representatives, executors, administrators, heirs, and assigns of the Grantors. Dated: Cfr 22 2010. R. TOWNSEND, Grantor STATE OF W OP►7rMG SS COUNTY OF LINCDCS com SEA STATE OF k)yo» 1 SS COUNTY OF LINC SEA CHRIS ALLRED NOTARY PUBLIC COUNTY OF STATE OF LINCOLN �',:_I�> WYOMING MY COMMISSION EXPIRES JULY 9, 2012 The foregoing instrument was acknowledged before me by SHAN R. TOWNSEND, this i, day of CCT,BEe 2010. Witness my hand and official seal. My CHRIS D O T YOF STATE OF COUNTY WYOMING MY COMMISSION EXPIRES JULY 9, 2012 NOTARY PUBLIC The foregoing instrument was acknowledged before me by NICKI L. TOWNSEND, this at of 007b8€2- 2010. Witness my hand and official seal. My commission expires: Jut.Y 7, 20 /a CJADI,LQ 00