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HomeMy WebLinkAbout964793115743 ._lUIrr1c e Tine Escrow P 0 Box 1367 i WV 83101 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 ,sr day of Nc.erhbQP,. i 2011, by and between Keith Stoudt and Lisa Stoudt, "Grantors whose present mailing address is 3445 North Pines Way, Suite 101, Wilson, WY 83014, and the THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2007 -17CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 -17CB (the "Grantee whose mailing address is 400 National Way, SV 35, P.O. Box 10232, Simi Valley, CA 93065 -6298. WITNESSETH: 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 the waiver by Grantee of its right to foreclose under the mortgage described below, 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 216 NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 138 Spur Loop Road, 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 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. 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 Grantors in the Property, including specifically, but without limitation, any equity of redemption and the statutory right of redemption of Grantors 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 April 20, 2007, executed and granted by Keith Stoudt and Lisa Stoudt, as grantors, to The Jackson State Bank Trust, 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 April 24, 2007 and re- Recorded on May 14, 2007, DILPkg RECEIVED 5/29/2012 at 11:57 AM RECEIVING 964793 BOOK: 786 PAGE: 832 JEANNE WAGNER LINCOLN COUNTY CLF VEMMERER, WY DIL Package Stoudt 11 -09853 Page 1 of 3 00832 at Reception No. 928709 in Book 655 at Page 586, and re- Recorded at Reception No. 929347 in Book 657 at Page 865. C. Said mortgage was assigned to Mortgage Electronic Registration Systems, Inc. (MERS), its successors and assigns by that certain Corporate Assignment of Real Estate Mortgage dated April 20, 2007 and recorded in the records of the County Clerk and ex- officio Register of Deeds in and for Teton County, State of Wyoming, on August 27, 2007, at Reception 932493 in Book 670 at Page 83 and re- Recorded on October 5, 2007, at Reception No. 933781 in Book 674 at Page 706. D. Said mortgage was again assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2007 -17CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 17CB, its successors and assigns by that certain Corporate Assignment of Real Estate Mortgage dated September 7, 2011 and recorded in the records of the County Clerk and ex- officio Register of Deeds in and for Teton County, State of Wyoming, on September 21, 2011, at Reception 961096 in Book 773 at Page 185. E. 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 Toss, 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. F. 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 F., 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 DILPkg DIL Package Stoudt 11 -09853 Page 2 of 3 in Lieu of Foreclosure for all purposes shall be deemed to be the Recording Date. STATE OF o f COUNTY OF T e T 'fV PAUL E. D'AMOURS NOTARY PUBLIC County of 4$ State of Teton Wyo int My Commission Expires W E My Commission Expires: DILPkg ACKNOWLEDGMENT SS. Witness my hand and official seal. GRANTORS: Keith Stoudt and Lisa Stoudt By: Keit Stou By: i►.d1 Lisa Voudt 00�j`t The foregoing instrument was acknowledged before me by Keith Stoudt and Lisa Stoudt this day of A/4 2011. Notary Public ,A1 Title (and Rank) DIL Package Stoudt 11-09853 Page 3 of 3