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P 0 Box 1367
K rPr WY 8110
MIN 1000157- 0007208671 -9
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WARRANTY DEED IN LIEU OF FORECLOSURE
MERS Phone 888 679 -6377
00090
KNOW ALL MEN BY THESE PRESENTS, that thi, W RRANTY
DEED IN LIEU OF FORECLOSURE is made as of this IS� day of
)t l 2012, by and between Marvin K. Cox and Susan Cox,
("Grantors'), 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.
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 rights to foreclosure 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:
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:
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MIN 1000157 0007208671 -9 MERS Phone 888 679 -6377
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
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 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 August 18, 2006,
executed and granted by Marvin K. Cox and Susan Cox, as grantors, to
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide
Home Loans, Inc. 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 October 6, 2006, at Reception No.
923142 in Book 636 at Page 195.
C. 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.
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
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MIN 1000157 0007208671 -9
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.
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 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.
r ,1 ACKNOWLEDGMENT
STATE OF
SS.
COUNTY O F
My Commission Expire
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Witness my hand and offic
GRANTORS:
Marvin K. Cox and Susan Cox
MERS Phone 888 679 -6377
By: GeA4
Marvin K. Cox
By:
Susan Cox
The foregoing instrument was ac{ynowledged before me by Marvin
K. Cox and Susan Cox this 3!Sr day of
otary Public
2012.
Title (and Ran
2 5
LEE R. DENNIS NOTARY PUBLIC
County of ,iJ'" State of
Lincoln t v Wyoming
My Commissicn Expires Aug. 25, 2012
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