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HomeMy WebLinkAbout95941860110196i/ WARRANTY DEED IN LIEU OF FORECLOSURE KNOW ALL MEN BY THESE PRESENTS, thattt is WARRANTY DEED IN LIEU OF FORECLOSURE is made as of this 3' day of t 2011, by and between Louis J. Apsey, "Grantor whose present mailing address 126 Roan Way, Etna, WY 83118, and the BAC Home Loans Servicing, L.P. (the "Grantee whose mailing address is. 400 Countrywide Way, SV 35, P.O. Box 10232, Simi Valley, CA 93065 -6298. WITNESSETH: 000136 GRANTOR, for and in consideration of the sum of $10.00 and other good and valuable consideration, to Grantor 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 Grantor from any further liability for payment of the indebtedness outstanding and unpaid by Grantor pursuant to that certain Promissory Note dated as of April 27, 2007, in the original principal amount of $284,000.00, 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: CA LOT 109 OF NORDIC RANCHES DIVISION NO. 8, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 312 -A with an address of 126 Roan Way, Etna, WY 83118 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 Grantor do hereby bind himself and his 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. THAT: DILPkg BUT IT IS HEREBY EXPRESSLY ACKNOWLEDGED AND AGREED 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 Grantor in the Property, including specifically, but without limitation, any equity of redemption and the statutory right of redemption of Grantor therein or thereto. Grantee has forgiven and fully released Grantor from any and all debt, obligation, RECEIVED 5/25/2011 at 1:24 PM RECEIVING 959418 BOOK: 767 PAGE: 136 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DIL Package Apsey 10 -24485 Page 1 of 3 cost and charges existing under and by virtue of the promissory note dated April 27, 2007; B. The lien "Lien for which this Deed is given in lieu of foreclosure was created by that certain Mortgage dated as of April 27, 2007, executed and granted by Louis J. Apsey, as grantors, to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons its successors and assigns, 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 May 7, 2007, at Reception No. 929096 in Book 657 at Page 6. C. Said mortgage was assigned to BAC Home Loans Servicing, L.P., its successors and assigns by that certain Corporate Assignment of Real Estate Mortgage dated January 7, 2011 and recorded in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on January 14, 2011, at Reception 957634 in Book 760 at Page 710. D. Grantor 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 Grantor 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 "Recording Date Grantor 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. E. 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 E., 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. DILPkg DIL Package Apsey 10 -24485 Page 2 of 3 00013'? IN WITNESS. WHEREOF, this Warranty, Peed in Lieu of Foreclosure has been executed on behalf of Grantor and Grantee, on the date of the taking of their acknowledgments, biat, the ..effective date::. of hj ,Warranty. Deed in Lieu of .F.oreclosu:re for,all.p.urposes shall:be deemed to bet the Record Date. DILPkg My Commission Expires: GRANTOR: foregoing in trument was acknowledged before me Louis J. Apsey this day of 2011. Witness my hand and offici s -al. Louis J. Apsey By: 4 -r.e- Louis .Apsey ACKNOWLEDGMENT Notary Public 6 ta Title (and Rank) 4-(4 ©00138 DIL Package Apsey 10 -24485 Page 3 of 3