HomeMy WebLinkAbout966577When Recorded Mail To:
Financial Dimensions, Inc.
1400 Lebanon Church Road
Pittsburgh, FA 15236 „7P113
RSS #1097831
DEED IN LIEU OF FORECLOSURE
TITE OF DOCUMENT
Lot 81 of Star Valley Ranch Plat 13, Lincoln County, Wyoming, as described on the official plat filed on
August 10, 1977 as Instrument No. 496704 of the records of the Lincoln County Clerk
0015E!
RECEIVED 8/31/2012 at 4:43 PM
RECEIVING 966577
BOOK: 793 PAGE: 156
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
KNOW ALL MEN BY THESE PRESENTS, that ERIC DAVIS AND LESLIE DAVIS, AS HUSBAND AND
WIFE, hereinafter called grantor(s), for $36,824.43 and the consideration hereinafter stated, do hereby grant,
bargain, sell and convey unto WELLS FARGO BANK, N.A. who address is 1 HOME CAMPUS, MAC X2303-
033, 3RD FLOOR, DES MOINES, IA 50328 -0001, 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:
With an address of: LOT 81 PLAT 13 STAR VALLEY RANCH, STAR VALLEY RANCH, WY 83127
Parcel No.: 35183220202300
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 $36,824.43 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 October 16, 2008, by grantors in favor of THE JACKSON STATE BANK
TRUST and recorded in Book 708, Page 687 Receiving No. 943522 real property records of LINCOLN County
on November 10, 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.
ote
IN WITNESS WHEREOF, the grantor has executed this instrument this 2 day of 20
STATE OF t n e 1
SS.
COUNTY OF T�`n
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ERIC DAVIS AND LESLIE DAVIS.
LISA STOUDT— 'OTARY PUBLIC
COUNTY OF STATE OF
TETON WYOMING
My Commission Expires October 17, 2015
ERIC DAVIS
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LE IE DAVIS
The foregoing instrument was acknowledged before me this of 3
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STATE OF 114%-i tny\A
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Exhibit A
ESTOPPEL AFFIDAVIT
ERIC DAVIS AND LESLIE DAVIS, AS HUSBAND AND WIFE, being first duly sworn, depose and say: That
they are the identical parties who made, executed, and deliv red at certain Deed in Lieu of Foreclosure to
WELLS FARGO BANK, N.A. dated the day of 20 Z. conveying the following
described property, to -wit:
Lot 81 of Star Valley Ranch Plat 13, Lincoln County, Wyoming, as described on the official plat filed on
August 10, 1977 as Instrument No. 496704 of the records of the Lincoln County Clerk
With an address of: LOT 81 PLAT 13 STAR VALLEY RANCH, STAR VALLEY RANCH, WY 83127
Parcel No.: 35183220202300
00158
That the aforesaid deed was intended to be and was an absolute conveyance of the title to said premises to WELLS
FARGO BANK, N.A., 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 BANK, N.A. therein all their right, title, and interest absolutely in and to said
premises; that possession of said premises has been surrendered to WELLS FARGO BANK, N.A.;
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 BANK, N.A. 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 $36,824.43 by WELLS
FARGO BANK, N.A. and WELLS FARGO BANK, N.A. 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 THE JACKSON STATE BANK TRUST
dated October 16, 2008 and recorded in Book 708, Page 687, Receiving No. 943522 of LINCOLN County, State of
Wyoming on November 10, 2008. 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
more.
This affidavit is made for the protection and benefit of WELLS FARGO BANK, N.A., 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:
--1 'I'/ 12
Subscribed and sworn to before me this n� day of z tk t ca 20 1 by
ERIC DAVIS AND LESLIE DAVIS. l
LISA STOUDT OTARY PUBLIC
COUNTY OF y STATE OF
TETON WYOMING
My Commission Expires October 17, 2015
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7909 8/29/2012 77955663/1