HomeMy WebLinkAbout973391200746
WARRANTY DEED IN LIEU OF FORECLOSURE
KNOWN ALL MEN BY THESE PRESENTS, that this WARRANTY DEED IN
LIEU OF FORECLOSURE is made as of this ag day of ftel vUS4 2013, by
and between Darren C. Rudd and Arlene L. Rudd, "Grantors whose present mailing
address is PO Box 8711, Jackson, WY 83001 and First Interstate Bank (the "Grantee
whose mailing address is 104 S. Wolcott, Casper, WY 82601.
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 to foreclose 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:
LOT 4 OF HENRY'S MOUNTAIN ESTATES, LINCOLN
COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED
IN THE OFFICE OF LINCOLN COUNTY CLERK ON
NOVEMBER 4, 1996, INSTRUMENT NO. 828555, PLAT
NO. 371.
with an address of 102 Anne Rd., 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.
THAT:
BUT IT IS HEREBY EXPRESSLY ACKNOWLEDGED AND AGREED
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 27, 2012, executed and granted
by Darren C Rudd and Arlene L Rudd, as grantors, to Mortgage Electronic Registration
Systems, Inc., as nominee for First Interstate Bank, 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 5, 2012, at
Reception No. 965429 in Book 789 at Page 72.
C. Said mortgage was assigned to First Interstate Bank, its successors
and assigns by that certain Assignment of Mortgage dated August 12, 2013and
recorded in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, State of Wyoming, on August 14, 2013 at Reception #972652 in Book
817 at Page 807.
DILPkg
RECEIVED 9/23/2013 at 12:39 PM
RECEIVING 973391
BOOK: 821 PAGE: 59
JEANNE WAGNER
LINCOLN COUNTY CLERK,KEMMERER, WY
DIL Package
Rudd 13 -05239
Page 1 of 2
0059
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 satisfaction and release of the
Indebtedness, in which event, 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.
STATE OF 4-14 2t rte-
SS.
COUNTY OF r
The foregoing instrument was acknowledged before me by Darren C Rudd
and Arlene L Rudd this 24 day of w -y 2013.
Witness hand and official seal.
i
My Commission Expires: 2/ 7
DILPkg
GRANTORS:
Darren C Rudd and Arlene L Rudd
By:�L
Dar
By:
Arle e L'' udd
ACKNOWLEDGMENT
Notary Public
or KURT'S M ESTEBANEZ
I. Notary Public State of •Floddtt
1 My Gomm: Eoires Feb 1, 2011
Commission EE 053/$
0060
DIL Package
udd 13 -05239
Page 2 of 2