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HomeMy WebLinkAbout964035WARRANTY DEED IN LIEU OF FORECLOSURE Lot 3, Aspen Ridge Estates, Lincoln County, Wyoming, according to that plat filed April 28, 2004 in the Office of the Lincoln County Clerk as Plat No. 237 -B. Cormnonly known as Lot #3 of The Aspen Ridge Estates Subdivision, Alpine, Wyoming 83128 (the "Property"). PIDN 3718- 20 -3 -00- 077.00 RECEIVED 4/9/2012 at 2:58 PM RECEIVING 964035 BOOK: 784 PAGE: 351 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 003 LOF, LLC, a Wyoming limited liability company "Grantor whose mailing address is P.O. Box 2521, Jackson, WY 83001, for and in consideration of ten dollars ($10.00), and other valuable consideration, the receipt and sufficiency which is hereby acknowledged, hereby conveys and warrants unto FIRST INTERSTATE BANK, its successors and assigns, whose place of business is 120 East Broadway, P.O. Box 11095, Jackson, WY 83002 -1095, 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: This Deed is an absolute grant of title in effect as well as in form, and is not intended by the Grantor to be a Mortgage. D. This Deed is being voluntarily given in lieu of a foreclosure action by First Interstate Bank "Note Holder and is an absolute conveyance, the true and actual consideration for this conveyance consists of or includes property or other value given or promised, which is the whole consideration and full satisfaction of all obligations in favor of Note Holder and secured by the mortgage executed by Grantor in favor of First Interstate Bank, its successors and/or assigns, as mortgagee recorded October 6, 2008, in Book 706, Page 349, in the Official Records of the County of Lincoln, State of Wyoming "Official Records which was later modified by that Modification of Mortgage recorded April 29, 2010 in the Official Records in Book 746, Page 328, and again modified by that Modification of Mortgage recorded July 6, 2011 in the Official Records in Book 768, Page 871. Neither Grantor nor Grantee intend that there be, and there shall not in any event be, a merger of any of the Liens with the Title or other interest of Grantee by virtue of this Deed in Lieu of Foreclosure, and the parties hereto expressly provide that such interest in the Liens on one hand and Title on the other be, and remain at all times, separate and distinct. Nothing contained in this Agreement shall be interpreted or construed to prejudice those contractual rights of Grantor and Grantee which shall have vested under this instrument and the Deed in Lieu of Foreclosure. Grantor agrees 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 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 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 1 By: Its: 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 Deed in Lieu of Foreclosure does not confer any third -party benefits on persons who are not signatory to this instrument other than Grantee. The Grantor hereby releases and waives any and all of its rights under and by virtue of the homestead exemption laws of the State of Wyoming and hereby releases and waives 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 its name or behalf shall or will hereafter claim or demand any right or title to the premises or any part thereof, but it and every other shall by these presents be excluded and forever barred. A PP L-- DA'Z'ED: March 2012. My Commission Expires: C STATE OF WYOMING S SS COUNTY OF GRANTEE: LOF, LLC, A WYOMING LIMITED LIABILITY COMPANY The foregoing Warranty Deed in Lieu of Foreclosure was acknowledged before me by Dave Leinonen, individually and as the Manager of LOF, LLC, a Wyoming limited liability company, this t i j day in1 ,2012. Witness my hand and official seal. Notary Public NOTARY PUBLIC 01- STATE OF G1�1� WYOMING MY COMMISSION EXPIRES 05-24-2012 2