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HomeMy WebLinkAbout965684115076 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. DILPkg 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 DIL Package Warner 11 -14030 Page 1 of 3 000 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. DILPkg DIL Package Warner 11 -14030 Page 2 of 3 STATE OF COUNTY OF .r My Commission Expires: DILPkg 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 �,1}aiwp 00030 DIL Package Warner 11 -14030 Page 3 of 3