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HomeMy WebLinkAbout962877120742 RECEIVED 1/23/2( 1:22 PM RECEIVING 962877 BOOK: 779 PAGE: 696 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WITNESSETH: 00696 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 f) day of ,t 2012, by and between Blake Nincehelser and Bree LaFrenz, "Grantors whose prent mailing address 701 N 3RD ST, PLAINVIEW, NE 68769, and the Federal National Mortgage Association (the "Grantee whose mailing address is 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254. 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 August 30, 2007, in the original principal amount of $229,500.00, 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: LOT SEVEN (7) OF STAR VALLEY RANCH PLAT FIVE (5), LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED JUNE 30, 1971 AS DOCUMENT NUMBER 431709 AND MAP NUMBER 177, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 99 Brambleberry 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. THAT: 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 Grantors in the Property, including specifically, but without limitation, any equity of redemption and the statutory right of redemption of Grantors therein or thereto. 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 August 30, 2007; B. The lien "Lien for which this Deed is given in lieu of foreclosure was created by that certain Mortgage dated as of August 30, 2007, executed and DILPkg DIL Package Nincehelser 11 -16364 Page 1 of 3 granted by Blake Nincehelser and Bree LaFrenz, as grantors, to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. 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 August 31, 2007, at Reception No. 932719 in Book 670 at Page 845. C. Said mortgage was assigned to Federal National Mortgage Association, its successors and assigns by that certain Corporate Assignment of Real Estate Mortgage dated December 2, 201.1 and recorded in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on December 12, 2011, at Reception 962313 in Book 777 at Page 741. D. 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 "Recording 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. 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. 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. DILPkg GRANTORS: Blake Nincehelser and Bree LaFrenz By: Blake Nincehelser Bree LaFrenz By: DIL Package Nincehelser 11 -16364 Page 2 of 3 00697 STATE OF J' L I ?i COUNTY OF The foregoing instrument was acknowledged before me by Blake Nincehelser and Bree LaFrenz this r day of }(I ,k,,(;a 2012. My Commission Expires: DILPkg ACKNOWLEDGMENT SS. Witness my hand and official seal. Title (and Rank) GENERAL NOTARY State of Nebraska JOBETH DOERR My Comm. Exp. March 20, 2015 t, i I Nof y Public DIL Package Nincehelser 11 -16364 Page 3 of 3 00698