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WARRANTY DEED IN LIEU OF FORECLOSURE
KNOW ALL MEN BY THESE PRE ENTS, that this WARRANTY DEED IN LIEU
OF FORECLOSURE is made as of this day of JANUMtY, 2013, by and
between Charles V. Shinkle Jr. and Melissa Shinkle, "Grantors whose present
mailing address is and fbOX 3
HSBC Mortgage Services Inc, (the "Grantee whose mailing address is 636 Grand JOCec wY
Regency Blvd, Brandon, FL 33510.
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 (a)
the waiver by Grantee of its rights under the mortgage described below, including the
right to foreclose said mortgage, and (b) the agreement of Grantee to reduce, and
thereby release Grantors from any further liability for payment of the indebtedness
outstanding and unpaid by Grantors pursuant to that certain Promissory Note dated as
of July 12, 2007, in the original principal amount of $360,000.00, executed and
delivered by Grantors to Grantee, 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:
LOT 123 IN NORDIC RANCHES DIVISION NO. 9,
LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT FILED ON OCTOBER 4, 2000 AS
INSTRUMENT NO. 868754 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK.
with an address of 1532 Saddle Dr, Etna, WY 83118
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. Grantee has forgiven and fully released
Grantors from any and all debt, obligation, cost and charges existing under and by
virtue of the promissory note dated July 12, 2007;
B. The lien "Lien for which this Deed is given in lieu of foreclosure
was created by that certain Mortgage dated as of July 12, 2007, executed and granted
by Charles V. Shinkle Jr. and Melissa Shinkle, as grantors, to HSBC Mortgage
Services, Inc., as mortgagee, and recorded in the records of the office of the County
RECEIVED 2/7/2013 at 2:23 PM
RECEIVING 969374
BOOK: 804 PAGE: 174
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on
July 19, 2007, at Reception No. 931441 in Book 666 at Page 352.
C. 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.
D. 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 satisfaction and release of the
Indebtedness, in which event, the satisfaction and release of 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.
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GRANTORS:
Charles V. Shinkle Jr. and Melissa Shinkle
By:
Charles V.
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Kassie A. Hansen Notary Public
County of State of
Teton Wyoming
Lf.1'a.s:Y.•"+..r Wn�m^ wra. t: o .�s•wew'Ve.'C�'.NVue'1sY'e� wa.Mro'+a�eRD
The f regoing instru ent was acknowledged before me by Charles V.
this 2 day of 2013.
Shinkle Jr. thi
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ACKNOWLEDGMENT
SS.
Witness my hand and official se I.
My Commission Expires: 16•7� (6
Witness my hand and official seal.
My Commission Expires: 16,2 .l'
`'S My Commission Expires
Nota Public
ACKNOWLEDGMENT
Kassie A. Hansen Notary Public
STATE OF IJ
9 County of State of
Wyoming
ss. i a +�l
COUNTY OF ��1 Teton
My Commission Expires Ji
.<ea •aK...'wok..v,+ h..e""
T e foregoing �ins ment was acknowledged before me by N e a a
Shinkle this day of cj r) 2013.
401
Nota Public
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Shinkle 12 -12932
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