HomeMy WebLinkAbout966819140713 MIN 1000157- 0007208671 -9
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Alliance Title Esc rc
P.O. Box 1367
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AGREEMENT, ESTOPPEL AFFIDAVIT, AND
STATEMENT OF VOLUNTARY SURRENDER
WITNESSETH:
THE FOLLOWING DESCRIBED TRACT OF LAND IN
LINCOLN COUNTY, STATE OF WYOMING, TO -WIT:
A PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 31 NORTH RANGE 118 WEST OF THE
6TH P.M., LINCOLN COUNTY, WYOMING, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH BOUNDARY LINE OF
SAID SECTION 32 AT A POINT 330.00 FEET WEST
FROM THE SOUTH ONE QUARTER CORNER OF
SAID SECTION 32, SAID POINT BEING THE
LOCATION OF AN IRON PIPE SURVEY MARKER
MONUMENTING THE SOUTHWEST CORNER OF
THE SMOOT CEMETERY TRACT; AND RUNNING
THENCE WEST, ALONG SECTION LINE, 985.07
FEET TO A SECOND IRON PIPE SURVEY
MARKER; THENCE NORTH 0 DEGREES 08
MINUTES 27 SECONDS WEST, 330.001 FEET;
THENCE EAST 849.64 FEET; THENCE NORTH 0
DEGREES 01 MINUTES 57 SECONDS EAST,
330.00 FEET; THENCE EAST 466.53 FEET, MORE
OR LESS TO THE EAST BOUNDARY LINE OF
THE SOUTHWEST QUARTER OF SECTION 32;
THENCE 0 DEGREES 01 MINUTES 57 SECONDS
WEST, ALONG THE SAID EAST BOUNDARY LINE
330.00 FEET TO AN IRON PIPE SURVEY MARKER
MONUMENTING THE NORTHEAST CORNER OF
THE SMOOT CEMETERY TRACT; THENCE WEST
330.00 FEET TO AN IRON PIPE SURVEY MARKER
MONUMENTING THE NORTHWEST CORNER OF
THE SMOOT CEMETERY TRACT; THENCE SOUTH
0 DEGREES 01 MINUTES 57 SECONDS WEST,
330.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED
LAND:
BEGINNING AT A POINT IN THE SOUTH LINE OF
SECTION 32, T31 N R118W, OF THE 6TH P.M.,
LINCOLN COUNTY, WYOMING, SAID POINT
BEING WEST 330 FEET FROM THE SOUTH
MERS Phone 888-679-63770008
WHEREAS,THIS AGREEMENT, ESTOPPEL AFFIDAVIT, AND
STATEMNT OF VOLUNTARY SURRENDER is made and entered into as of
this 2)I SI day of j( 2012 by and between Marvin K. Cox and
Susan Cox, "Grantor(s) Whose present mailing address P.O. Box 78, Smoot,
WY 83126 and the Deutsche Bank National Trust Company as Trustee for the
HSI Asset Securitization Corporation Trust 2006 -HE2, (the "Grantee whose
mailing address is 400 National Way, SV 35, P.O. Box 10232, Simi Valley, CA
93065 -6298.
1. On August 18, 2006, Grantors executed and delivered a mortgage
(the "Mortgage in favor of the Mortgage Electronic Registration Systems, Inc.
as nominee for Countrywide Home Loans, Inc., whose underwriter was the
Grantee, originally encumbering the property covered by said Mortgage, which is
described as follows:
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MIN 1000157- 0007208671 -9
MERS Phone 888 679 -6377 00087
QUARTER CORNER OF SAID SECTION 32;
THENCE WEST 985.07 FEET; THENCE N 0
DEGREES 09 MINUTES 27 SECONDS W, 330.001
FEET; THENCE EAST, PARALLEL, WITH SAID
SOUTH LINE, 986.17 FEET; THENCE S 0
DEGREES 01 MINUTES 57 SECONDS W, 330 FEET
TO THE POINT OF BEGINNING.
with an address of 124 Brook View Lane, Smoot, WY 83126
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 and securing a promissory note "Note of
the same date.
2. Said Note was secured by the Mortgage dated August 18, 2006 in
the original principal amount of $225,250.00 which was executed and delivered
by Grantors to Mortgage Electronic Registration Systems, Inc. as nominee for
Countrywide Home Loans, Inc., whose underwriter was the Grantee, together
with interest and other indebtedness described in the Mortgage. The Mortgage
was 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 October 6,
2006, at Reception No. 923142 in Book 636 at Page 195.
3. Said mortgage was assigned to Deutsche Bank National Trust
Company as Trustee for the HSI Asset Securitization Corporation Trust 2006
HE2 by that certain Assignment of Mortgage dated August 3, 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 August 11, 2011, at Reception 960501 in
Book 770 at Page 786.
4. Grantors are in default in the payment of the principal and accrued
interest due on the Note and in certain other matters described in the Note and
the Mortgage, and are unable to otherwise meet their obligations in full
thereunder. As a result of such default, the Grantee has elected to accelerate
and declare the entire unpaid principal balance, accrued but unpaid interest, and
other indebtedness due under the Note and the Mortgage immediately due and
payable. As of June 19, 2012, the aggregate amount due and owing to the
Grantee on the Note and the Mortgage, together with accrued but unpaid interest
thereon and protective advances, but not including attorneys' fees and costs of
collection, is $246,617.60 (the "Indebtedness
5. Grantors acknowledge that the Indebtedness of $246,617.60 plus
attorneys' fees and costs of collection is due and owing to the Grantee on the
Note and the Mortgage; that Grantors have defaulted in the payment of the Note
and in certain other matters described in the Note and the Mortgage; and that as
a result of such default, the Grantee is, and has been, entitled to foreclose the
lien of the Mortgage as to the property.
6. For good and sufficient consideration, Grantors have,
contemporaneously with the execution of this Agreement, made, executed, and
delivered to the Grantee, its successors and assigns, (a) a deed in lieu of
foreclosure dated as of even date herewith, conveying to the Grantee all of
Grantors' right, title, equity including their equity of redemption and statutory right
of redemption. Grantors hereby acknowledge, agree, and certify that the
conveyance of the property to the Grantee under the respective terms of the
Deed in Lieu of Foreclosure constitutes, as a whole, the absolute conveyance
and unconditional sale to the Grantee of all of Grantors' right, title, equity, and
interest of every kind and character in and to the property, together with any and
all buildings and improvements thereon situate and any and all fixtures and
appurtenances thereto, with a full release of all homestead rights, if any, in and to
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the property and also constitutes, as a whole, the conveyance, transfer, and
assignment to the Grantee of all of Grantors' rights of possession thereof, rights
to rentals and profits therefrom, and equity of redemption and statutory right of
redemption in and to the property.
7. Grantors acknowledge, agree, certify, and warrant that they have
full power and authority to execute and deliver the Deed in Lieu of Foreclosure
and this instrument; that the Deed in Lieu of Foreclosure and this instrument are
valid and legally binding upon Grantors, enforceable against them in accordance
with its terms. Grantors further acknowledge, agree, certify, and warrant that the
transaction contemplated by the Deed in Lieu of Foreclosure and this instrument
are of a tangible benefit to them and that the Deed in Lieu of Foreclosure has
been given voluntarily by Grantors to the Grantee, in good faith on the part of
Grantors and the Grantee, without any fraud.
8. Grantors acknowledge and agree that the Deed in Lieu of
Foreclosure is intended and understood to be an absolute conveyance and
unconditional sale to the Grantee with full extinguishment of Grantors' equity of
redemption and statutory right of redemption, with full release of Grantors' right,
title, and interest of every kind and character in and to the property; that such
conveyance was not, and is not now, intended as a mortgage, trust conveyance,
deed of trust, or security instrument of any kind; and that the consideration for
such conveyance is as recited in this Agreement.
9. Grantors acknowledge and agree that the Deed in Lieu of
Foreclosure shall not restrict the right of the Grantee, at its election, to institute a
foreclosure of the lien of the Mortgage as to the property, to retain the lien of the
Mortgage as to the property and any and all evidences of the released portion of
the Indebtedness secured thereby, and may deem the released portion of the
Indebtedness unpaid and in default for the purpose of instituting and perfecting
foreclosure of the property pursuant to law as against third parties who may have
or claim an adverse interest in or a lien upon any of said Property. The Grantee
agrees to release, in whole or in part, the property from the lien of the Mortgage
when and as it sells the Property. Nothing contained in this Agreement shall be
interpreted or construed to prejudice those contractual rights that have vested
under this instrument and the Deed in Lieu of Foreclosure.
10. Grantors hereby agree that: (a) Grantors are and shall remain
liable for satisfaction of utility bills and charges for water, fuel, oil, heat, electricity,
power, sewer, sanitation, and other utilities or services used at the buildings, if
any, located on the property through the date of this agreement; and (b) The
acceptance by the Grantee of title to the Real Property in lieu of foreclosure
pursuant to the terms of the Deed in Lieu of Foreclosure shall not create any
obligations on the part of the Grantee to third parties who have claims of any kind
whatsoever against Grantors with respect to the Real Property, and the Grantee
does not hereby assume or agree to discharge any claims of such third parties or
any liabilities of Grantors in any way connected with or pertaining to any of the
Real Property.
11. Grantors and the Grantee acknowledge and agree that the interest
that has been acquired by the Grantee in the Real Property pursuant to the Deed
in Lieu of Foreclosure shall not merge with the interest of the Grantee in such
property under the Mortgage. It is the express intention of each of the parties
hereto that such interest shall not merge, but shall be and remain at all times
separate and distinct, notwithstanding any union of such interest in the Grantee
at any time by purchase or otherwise, and that the right, title, interest, and lien of
the Grantee in the property created by the Mortgage shall be and remain at all
times valid and continuous. Nothing contained in this Agreement shall be
interpreted or construed to prejudice those contractual rights of Grantors which
shall have vested under this instrument and the Deed in Lieu of Foreclosure.
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12. This Agreement has been made and executed for the protection
and benefit of the Grantee, and the Grantee's successors and assigns, and all
other parties hereafter dealing with or who may acquire an interest in the
property which is the subject of the Deed in Lieu of Foreclosure and this
instrument; and the Deed in Lieu of Foreclosure and this instrument shall bind
the respective legal representatives, successors, and assigns, as applicable, of
Grantors.
IN WITNESS WHEREOF, the undersigned have caused this Agreement,
Estoppel Affidavit, and Statement of Voluntary Surrender to be executed and
delivered as of the day and year first above written.
STATE OF
COUNTY OF
My Commission Expires:
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GRANTORS:
Marvin K. Cox and Susan Cox
By:
Marvin K. Cox
ACKNOWLEDGMENT
SS.
Witness my hand and officia seal.
Notary Public
MERS Phone 888 679 -6377 0 0 0 8 0
The foregoing instrument was ac nowledged before me by Marvin
K. Cox and Susan Cox this 31 day of
2012
LEE R. DENNIS NOTARY PUBLIC
County of I-1 State of
Lincoln Wyoming
My Commissar n Expires Aug. 25, 2012
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