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WARRANTY DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS, that this WARRANTY
DEED IN LIEU OF FORECLOSURE is made as of this I c day of
bC -QC Y rl o.0 2011, by and between Katherine A. McClure, "Grantor
whose present mailing address Big Piney Calpet Road, Big Piney, WY 83113,
and the Beneficial Wyoming, Inc (the "Grantee whose mailing address is 961
Weigel Drive, Elmhurst, IL 60126.
WITNESSETH:
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 the waiver by Grantee of its right to foreclose the Mortgage
described below, by these presents, do hereby GRANT, BARGAIN, CONVEY,
and WARRANT unto Grantee all of her right, title, equity (including her 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:
Lot 1 of the Green Valley Subdivision, Lincoln County,
Wyoming as described on the official plat filed on
June 5, 1981 as instrument no. 559314 of the records
of the Lincoln County Clerk
with an address of 11 Betsy Court, Bedford, WY 83112
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 herself and her 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
Grantor in the Property, including specifically, but without limitation, any equity of
redemption and the statutory right of redemption of Grantor therein or thereto;
B. The lien "Lien for which this Deed is given in lieu of
foreclosure was created by that certain Mortgage dated as of December 19,
2006, executed and granted by Katherine A. McClure, as grantor, to Beneficial
Wyoming 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 December 20, 2006, at Reception No. 925531 in Book 644 at Page
335.
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RECEIVED 1/20/2012 at 12:11 PM
RECEIVING 962850
BOOK: 779 PAGE: 622
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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McClure 11 -15570
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00622
0023
C. 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 agrees 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 Grantor 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 Mortgage, 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.
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.
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GRANTOR:
Katherine A. McClure
By: 4 G'i A/
Katherine A. McClure
DIL Package
McClure 11 -15570
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STATE OF(L)/
SS.
COUNTY O F°.St% J9' L
The foregoing instrument was ac1•5nowledged before me by
Katherine A. McClure this day ofC )11 2011.
My Commission Expires:
eq/91Dagi
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ACKNOWLEDGMENT
Witness my hand and official seal.
betty moceika Notary Public
County of State of
Lincoln Wyoming
My Commission Expires 8/19/2014
Title (and Rank)
o1J 2.4
DIL Package
McClure 11 -15570
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