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HomeMy WebLinkAbout963226When Recorded Return To: Indecomm Global Services 2925 Country Drive St. Paul, MN 55117 File# 172623210 1/ DEED IN LIEU OF FORECLOSURE TITLE OF DOCUMENT KNOW ALL MEN BY THESE PRESENTS, that CORY D. JENKINS AND ROXANNE JENKINS, HUSBAND AND WIFE, hereinafter called grantor(s), for $183,346.78 and the consideration hereinafter stated, do hereby grant, bargain, sell and convey unto WELLS FARGO FINANCIAL WYOMING, INC. who address is ONE HOME CAMPUS, MAC X2301 -044, DES MOINES IA 50328, hereinafter called grantee, and unto grantee's successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining, situated in the County of LINCOLN, State of Wyoming, described as follows: LOT 43 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. With an address of 220 BARBERRY WAY, THAYNE, WY 83127 00239 RECEIVED 2 /14 /2012 at 3:01 PM RECEIVING 963226 BOOK: 781 PAGE: 239 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Parcel 12- 3419- 01 -1 -03- 021.00 To have and to hold the same unto the said grantee and grantee's successors and assigns forever. This deed is absolute in effect and conveys fee simple title of the premises above described to the grantee and does not operate as a mortgage, deed of trust or security of any kind. This deed does not effect a merger of the fee ownership and the lien of the mortgage described below. The fee and lien shall hereafter remain separate and distinct. By acceptance and recording of this deed, grantee covenants and agrees that it shall forever forebear taking any action whatsoever to collect against grantors on the obligations which are secured by the mortgage /deed of trust (referred to herein as "mortgage described below, other than by foreclosure of that mortgage; and, that in any proceeding to foreclose that mortgage, grantee shall not seek, obtain or permit a deficiency judgment against grantors, their heirs, successors or assigns, such right being hereby waived. This paragraph shall be inapplicable in the event that grantors attempt to have this deed set aside or this deed is determined to transfer less than fee simple title to grantee. Grantors do hereby assign and transfer to grantee any equity of redemption and statutory rights of redemption concerning the real property and the mortgage described below. Grantors are not acting under any misapprehension as to the legal effect of this deed, nor under duress, undue influence or misrepresentation of grantee, its agent, attorney or any other person. Grantors declare that this conveyance is freely and fairly made. See Estoppel Affidavit attached as Exhibit "A The true and actual consideration for this transfer consists of 183,346.78 and grantee's waiver of its right to bring an action against grantors based on the promissory note secured by the mortgage hereinafter described and agreement not to name the grantors as a party to a foreclosure action as stated above with respect to that certain mortgage signed on 04/24/2008, by grantors in favor of WELLS FARGO FINANCIAL WYOMING, INC. and recorded at Book 693PR, Page 723 real property records of LINCOLN County, State of Wyoming on 05/05/2008. In construing this deed and where the context so requires, the singular includes the plural and the plural includes the singular and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the grantor has executed this instrument this c STATE OF LU LA CA v rl cc� COUNTY OF The foregoing instrument was acknowledged before me this INSERT CORY D. JENKINS, AND ROXANNE JENKINS. TERRECE SIDD©WAY NOTARY PUBLIC County of State of Lincoln R S! Wyoming M Commission Ex. ires Ju 27, 2015 day of v� 2012_ t 4( .k... 9 Bbl.- _4_ ROXANNE JENKINS SS. tJ CL (4 Z \bi 201 by NOT Y PUBLIC uu240 STATE OF COUNTY OF U r P�� Parcel 12- 3419- 01 -1 -03- 021.00 Exhibit A ESTOPPEL AFFIDAVIT SS. With an address of 220 BARBERRY WAY, THAYNE, WY 83127 wi. 00241 CORY D. JENKINS AND ROXANNE JENKINS, HUSBAND AND WIFE, being first duly swom, depose and say: That they are the identical parties who made, executed, and delivered t certain Deed in Lieu of Foreclosure to WELLS FARGO FINANCIAL WYOMING, INC. dated the day of(07)11(-1:,V e_r1) 20 V'2, conveying the following described property, to -wit: LOT 43 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. That the aforesaid deed was intended to be and was an absolute conveyance of the title to said premises to WELLS FARGO FINANCIAL WYOMING, INC., and was not and is not now intended as a mortgage, trust conveyance, or security of any kind; that it was the intention of affiants as grantors in said deed to convey, and by said deed these affiants did convey to WELLS FARGO FINANCIAL WYOMING, INC. therein all their right, title, and interest absolutely in and to said premises; that possession of said premises has been surrendered to WELLS FARGO FINANCIAL WYOMING, INC.; That in the execution and delivery of said deed affiants were not acting under any misapprehension as to the effect thereof, and acted freely and voluntarily and were not acting under coercion or duress; That aforesaid deed was not given as a preference against any other creditors of the deponents or either of them; that at the time it was given there was no other person or persons, firms or corporations, other than WELLS FARGO FINANCIAL WYOMING, INC. who have an interest, either directly or indirectly, in said premises; that these deponents are solvent and have no other creditors whose rights would be prejudiced by such conveyance, and that deponents are not obligated upon any bond or mortgage or other security whereby any lien has been created or exists against the premises described in said deed. That the consideration for said deed was and is payment to affiants of the sum of $183,346.78 by WELLS FARGO FINANCIAL WYOMING, INC. and WELLS FARGO FINANCIAL WYOMING, INC. agreement to forbear taking any action against affiants to collect on the obligations secured by the mortgage described below, other than by foreclosure of that mortgage and to not seek, obtain or permit a deficiency judgment against affiants in such foreclosure action. The mortgage referred to herein was executed by the undersigned to WELLS FARGO FINANCIAL WYOMING, INC. dated 04/24/2008 and recorded on 05/05/2008 in Book 693PR, Page 723 of Lincoln County, State of Wyoming. At the time of making said deed in lieu of foreclosure affiants believed and now believe that the aforesaid consideration therefore represents the fair value of the property so deeded, or snore. (Estoppel Affidavit) This affidavit is made for the protection and benefit of WELLS FARGO FINANCIAL WYOMING, INC., its successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property herein described. That affiants, and each of them will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth. WE (THE BORROWERS) UNDERSTAND THAT WE HAD A RIGHT TO OBTAIN LEGAL ADVICE BEFORE SIGNING THE AFORESAID DEED WE HAVE EITHER DONE SO OR HAVE ELECTED TO PROCEED WITHOUT LEGAL ADVICE. Dated: c_') 1 6 •-.1 I I C tt RY D. JENKINS Subscribed and sworn to before me this M 4---14 day of S0V1u..Zu' 1-\ 26 by CORY D. JENKINS AND ROXANNE JENKINS. TERRECE SIDDOWAY NOTARY PUBUC County of Lincoln Commission State of Wyoming T res Ju 27, 2015 111 lUlNiIa 4hk- Wl D *UO2439797* 7909 2/7/2012 77526528/1 *UAL tiL, .emu ROXANNE JENKINS NOT Y PUBLIC 00242