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KNOW ALL MEN BY THESE PRESENTS, that this WARRANTY
DE D IN LIEU OF FORECLOSURE is made as of this day of
j,( LY 2011, by and between Randal D. Warner and Janice J. Warner,
"Grantors whose present mailing address 1702 Fossil Creek Pkwy, Fort
Collins, CO 80528, and the Bank of America, N.A., successor by merger to BAC
Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP (the
"Grantee whose mailing address is 400 National Way, SV 35, P.O. Box 10232,
Simi Valley, CA 93065 -6298.
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Alliance Title Escrov
PO Box 1367
KPmmprar WV 83101
WARRANTY DEED IN LIEU OF FORECLOSURE
WITNESSETH:
00028
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 the
Mortgage described below, by these present, 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:
A tract of land lying in the Northwest Quarter of the Southeast Quarter of Section
32, Township 33 North, Range 118 West of the 6th P.M., Lincoln County
Wyoming and more particularly described as follows:
BEGINNING at a point that is North, 2279.47 feet and West, 1823.00 feet from
the Southeast corner of said Section 32 and proceeding thence East, 291.10
feet; thence North 41°34' West 200.00 feet; thence West 291.10 feet; thence
South 41°34' East, 200.00 feet along U.S. Highway 89 Right -of -Way to the
POINT OF BEGINNING.
ERRONEOUSLY DESCRIBED IN THAT CERTAIN MORTGAGE RECORDED
JULY 11, 2008, IN BOOK 699PR, PAGE 779 AS FOLLOWS:
A tract of land lying in the Northwest Quarter of the Southeast Quarter of Section
32, Township 3 North, Range 118 West of the 6th P.M., Lincoln County Wyoming
and more particularly described as follows: BEGINNING at a point that is North,
2279.47 feet and West, 1823.00 feet from the Southeast corner of said Section
32 and proceeding thence East, 291.10 feet; thence 41°34' West 200.00; thence
West 291.10 feet; thence South 41°34' East, 200.00 feet along U.S. Highway 89
Right -of -Way to the POINT OF BEGINNING.
with an address of 90528 US Highway 89, Grover, WY 83122
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:
RECEIVED 7/23/2012 at 11:57 AM
RECEIVING 965684
BOOK: 790 PAGE: 28
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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000
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 June 25, 2008,
executed and granted by Randal D. Warner and Janice J. Warner, as grantors, to
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide
Bank, FSB, 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 July 11, 2008, at Reception No.
940475 in Book 699 at Page 779.
C. Said mortgage was assigned to BAC Home Loans Servicing,
LP, FKA Countrywide Home Loans Servicing, LP, its successors and assigns by
that certain Corporate Assignment of Real Estate Mortgage dated July 20, 2011
and recorded in the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County, State of Wyoming, on July 27, 2011, at Reception
960246 in Book 770 at Page 61.
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 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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STATE OF
COUNTY OF .r
My Commission Expires:
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SS.
GRANTORS:
Randal D. Warner and Janice J. Warner
By:
By:
my hand and official seal.
Randal D. Warner
Janice J. WarrfOr
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by Randal
D. Warner and Janice J. Warner this day of 2011.
Notary Public
N Puth Q.
Title (and R6nk)
My Comm. Exp. 03 -20 -2012
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00030
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