HomeMy WebLinkAbout975558Recording Requested By:
Sandra P. Gaub
601 Old Pine Road
Alpine, Wyoming 83128
After Recording Mail To:
Avenue 365 Lender Services
401 Plymouth Road, Suite 550
Plymouth Meeting, PA 19462
Mail Tax Statements To:
Reverse Mortgage Solutions, Inc.
2727 Spring Creek Drive
Spring, Texas 77373
975558 3/6/2014 3:19 PM
LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7
BOOK: 828 PAGE: 831 DEED IN LIEU OF FORECLOSURE
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111111111111111111111111111111 IIIII IIIII 1011111111
Assessor's Parcel No.: 12- 3718- 19 -4 -04- 108.00
DEED IN LIEU OF FORECLOSURE
TITLE OF DOCUMENT
Sandra P. Gaub, Executrix of The Estate of Arnold Gaub, GRANTOR
WHOSE ADDRESS is 601 Old Pine Road, Alpine, Wyoming 83128
conveys and quitclaims to
Reverse Mortgage Solutions, Inc., GRANTEE
WHOSE ADDRESS is 2727 Spring Creek Drive, Spring, Texas 77373
THE FOLLOWING described real estate, situate in Lincoln County, and State of Wyoming,
hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of
the State, to wit:
LOTS 72, AND 73 LEON LIVINGSTON SUBDIVISION AS SHOWN BY THE OFFICIAL PLAT OF
SAID SUBDIVISION FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING,
AN BEING SITUATED IN SECTION 19, TOWNSHIP 37 NORTH, RANGE 118 WEST OF THE
SIXTH PRINCIPAL MERIDIAN.
COMMONLY known as: 601 Old Pine Road, Alpine, Wyoming 83128
PRIOR Recorded Doc. Ref.: Deed: Recorded: June 22, 2007, Book 663, Page 135, Instrument
No. 930596
SUBJECT TO: ANY Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements
now of record
When the context requires, singular nouns and pronouns, include the plural
and the masculine gender includes the feminine and neuter.
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 grantor 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 proceedings to foreclosure 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 even
that grantor attempts to have this deed set aside or this deed is determined to transfer less
than fee simple title to grantee.
Grantor does hereby assign and transfer to grantee any equity of redemption and statutory
rights of redemption concerning the real property and the mortgage described below.
Grantor is 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. Grantor declares that this conveyance is freely and fairly made.
The true and actual consideration for this transfer consists of grantee's waiver of its right to
bring an action against Grantor based on the promissory note secured by the mortgage
hereinafter described and agreement not to name the grantor as a party to a foreclosure action
stated above with respect to that certain mortgage bearing the date of December 23, 2008, by
grantor in favor of World Alliance Financial Corp., and recorded at BK 712, PG 260, real
property records of Lincoln County, Wyoming on the December 31, 2008, and according to
public record the beneficial interest of the Mortgage /Deed of Trust was assigned to Residential
Mortgage Services, Inc. by assignment recorded May 24, 2010, in Book 747, Page 629, and to
Reverse Mortgage Solutions, Inc. by assignment recorded May 24, 2010, in Book 751, Page
379.
The parties to this agreement specifically intend that this conveyance shall not constitute a
merger of the interest of Lender under the mortgage /deed of trust with the fee title conveyed to
the lender. It is the intention of the parties that the property shall remain subject to the liens
of the mortgage /deed of trust as well as any other security interests in other collateral that
lender holds or may hold. The loan documents shall be and remain at all times valid and
continuous liens on the property and other collateral subject only to lender's written and
recorded releases as lender may, in its sole discretion, subsequently execute.
This deed is an absolute conveyance, the grantor(s) having sold said land to the grantee(s) for a
fair and adequate consideration. Grantor(s) declare that this conveyance is freely and fairly
made, and that there are no agreements, oral or written, or other than this deed between
grantor(s) and grantee(s) with respect to said land.
In construction this deed and where the context so requires, the singular included 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.
WITNESS GRANTOR'S hand this 1 I day of 1 �Q 20
Sandra P. Gaub, Executrix of The Estate of Arnold Gaub
STATE OF A' cG e f
COUNTY OF e^ 61 A, A ss
The foregoing instrument was acknowledged before me by Sandra P. Gaub, Executrix of The
Estate of Arnold Gaub on this r rt day of A-4e 4 f iv 20/y
Witness my hand and official seal
NOTARY STAMP/ SEAL
GARY S. GUBITZ
Notary Public
State of Nevada
Appt. No. 11-5706-1
My Appt. Expires Sep. 22, 2015
Ari
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Printed Name of Acknowledging Officer
Title (Rank) of Acknowledging O ficer
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MY Commission Expires: 2-
STATE OF WYOMING
COUNTY OF LINCOLN
Parcel ID 12- 3718- 19 -4 -04- 108.00
EXHIBIT `B" ESTOPPEL
AFFIDAVIT
BEFORE ME, the undersigned notary public, personally appeared Sandra P. Gaub, Executrix of
The Estate of Arnold Gaub, who, having been first duly sworn according to law, represent,
warrant, depose and say:
1. They have personal knowledge of all matters set forth in this Affidavit.
2. They are the Owners (hereinafter referred to as "Owner" or "Owners of the fee simple title to
certain real property (the "Property situated in Lincoln County, Wyoming, legally described as
follows:
LOTS 72, AND 73 LEON LIVINGSTON SUBDIVISION AS SHOWN BY THE OFFICIAL PLAT OF
SAID SUBDIVISION FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING,
AN BEING SITUATED IN SECTION 19, TOWNSHIP 37 NORTH, RANGE 118 WEST OF THE
SIXTH PRINCIPAL MERIDIAN.
3. There are no other persons who have an ownership interest in the Property other than
Owner. The street address of the Property is 601 Old Pine Road
4. The Owner is /are not a foreign corporation, foreign partnership, foreign trust or foreign
estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations)
for purposes of United States income taxation and for purposes of disclosure under 26
U.S.C.A., Section 1445. The Owners is /are citizens of the United States of America, whose
Social Security Numbers are on file in the with the issuing agent.
5. The Owner's title to and possession and enjoyment of the Property has been open, notorious,
peaceable, and undisturbed, except that the Property is leased by Owner as follows:
TENANT DATE OF LEASE
None
6. Neither the Owner's title to nor possession of the Property have ever been disputed or
questioned nor is the Affiant aware of any facts by reason of which the title to, or possession of,
the Property or any part of it or any personal property located on it might be disputed or
questioned or by reason of which any claim to the Property or any portion of it or any personal
property located on it might be adversely asserted, except as noted above.
7. There are no disputes concerning the location of the boundary lines of the Property as of this
date.
8. There are no outstanding or unpaid taxes or assessments (pending or certified) or any
unpaid or unsatisfied mortgages, claims of lien, notices of commencement, unrecorded
easements, contracts for sale, agreements for deed, deeds, or other matters that constitute or
could constitute a lien or encumbrance against the Property or any improvements on it or any
part of it or against any personal property located on it as of this date.
9. There are no security agreements, financing statements, title retention contracts, or personal
18. That Owner's marital status is:
Married Single
Married Single
property leases affecting any materials, fixtures, appliances, furnishings, or equipment places
on or installed in or on the Property as of this date.
10. There are no actions, proceedings, judgments, bankruptcies, liens, or executions pending
or recorded among the Public Records of Lincoln County, Wyoming or any other courts, as of
this date, nor has an assignment for benefit of creditors been made at any time, nor is there
now in effect any assignment of rents of the property or any part thereof, except as listed
below. Owner is not insolvent as that term is defined in the Bankruptcy Code, nor is Owner
contemplating filing Bankruptcy within ninety days hereof.
11. There are no unpaid bills of any nature, either for labor or materials used in making
improvements or repairs on the Property, or for services of architects, surveyors, or engineers
incurred in connection with the Property.
12. The Owner, in the operation of the Property, has complied in all respects with the Sales Tax
Law of the State of Wyoming. Additionally, Owner has paid in full all taxes, charges, and
assessments levied and assessed against the Property which are currently due and payable.
13. There are no violations of municipal, county, or other regulatory ordinances, rules, or
regulations pertaining to the Property.
14. All utilities necessary for the use for the Property set forth above are in place.
15. That the following judgments or liens recorded in Lincoln, State of Wyoming, which Owner
has examined, are not against the Owner but are against other persons or entities of a similar
name:
NONE
16. There are no federal tax claims, liens, or penalties assessed against Owner either
individually or in any other capacity.
17. Owner has never changed his or her name, nor used any other name than that set forth
herein at any time.
19. If married, Owners have been married to each other and have been so married
continuously since without ever having been married to any other
person now living.
20. The Owner does not owe any monies to a depository for payment of support which may
create a support lien on the Property.
21. The Purchaser of the Property intends to rely on the foregoing representations in
connection with the United States Foreign Investment in Real Property Tax Act (94 Stat. 2682,
as amended). Owner understands that his certification may be disclosed to the Internal
Revenue Service by Purchaser and that any false statement contained in this certification may
be punished by fine, imprisonment, or both.
22. The Property has not been used or involved with the disposal, treatment, or storage of
hazardous waste or hazardous substances as those terms are defined by 42 U.S.C., Section
9601.
23. This Affidavit is made (1) to induce Reverse Mortgage Solutions, Inc., (hereinafter referred to
as "Grantee to accept a Deed in Lieu of Foreclosure, and (2) to induce AVENUE 365
LENDER SERVICES, LLC to issue an Owner's policy of title insurance to the Grantee.
24. The Owner has not and Owner hereby agrees and represents that it will not execute any
instrument, or do any act whatsoever, that in any way would or may affect the title to the
Property, including but not limited to the mortgaging or conveying of the Property or any
interest in it or causing any liens to be recorded against the Property or the Owner.
25. That the aforesaid deed was an absolute conveyance of the title to said premises to the
grantee named therein in effect as well as in form, and was not and is not intended as a
mortgage, trust conveyance, or security of any kind, and that possession of said premises has
been surrendered to the Grantee, or its successor or assigns; that the consideration in
aforesaid deed was and is payment to Owner of the sum of Ten and No /100 Dollars ($10.00) s
by the said Grantee, or its successors or assigns, receipt of which is hereby acknowledged,
together with the full cancellation of all debts, obligations, costs, and charges heretofore
existing under and by virtue of the terms of a certain mortgage (in default) heretofore existing
on the property therein and more fully described in the Deed executed simultaneously with this
Affidavit, cancellation of record of said mortgage by the Grantee.
26. That the aforesaid deed of conveyance was made by Owner as the result of their request
that the Grantee accept such deed, and was their free and voluntary act; that at the time of
making said deed Owner felt and still feels that the mortgage indebtedness above mentioned
represents the fair value of the property so deeded; that said deed was not given as a
preference against other creditors of Owner; that at the time it was given there was no other
person or persons, firms, or corporations, other than the Grantee interested, either directly or
indirectly, in said premises; that Owner is solvent and has no other creditors whose right
would be prejudiced by such conveyance, and that Owner is not obligated upon any note,
bond, or other mortgage whereby any lien has been created or exists against the premises
described in said deed; and that Owner in offering to execute the aforesaid deed to the Grantee,
and in executing same, was not acting under any duress, undue influence, misapprehension,
or misrepresentation by the Grantee, the agent or attorney or any other representative of the
Grantee, and that it was the intention of Owner as grantors in said deed to convey and by said
deed Owner did convey to the Grantee all their right, title, and interest absolutely in and to the
premises described in said deed.
27. That the aforesaid deed of conveyance made by Owner was executed and delivered with the
express understanding that it does not operate, even though placed of record, to effect such a
merger of interest as to extinguish the mortgage lien, and that its receipt by Grantee does not
constitute legal delivery and shall be of no binding force and effect whatsoever until such time
as the Grantee consents to the acceptance of such deed, after approval of title by the Grantee.
Grantee agrees to notify the owner of the acceptance or non acceptance of such deed within 30
days, after the property has been vacated and the Grantee is in receipt of the fully executed
Deed. The receipt or acceptance on said deed as aforesaid shall in no way restrict the right of
the Grantee, or the right of its successors in interest, to foreclose the mortgage debt if
foreclosure is deemed desirable. From and after this date, Owner also assigns, transfers, and
sets over to the Grantee any rentals then owing or which may thereafter become due from any
occupant or occupants of said property.
28. This affidavit is made for the protection and benefit of the aforesaid Grantee, its successors
and assigns, and all other parties hereafter dealing with or who may acquire any interest in the
property described in the aforesaid deed, and shall bind the heirs, executors, administrators,
and assigns of the undersigned.
29. Owner agrees to indemnify and hold Policy Issuing Agent and Underwriter harmless of and
from all loss, cost, damage and expense of every kind, including attorneys' fees, which Policy
Issuing Agent and Underwriter shall sustain or become liable for under its policy of title
insurance not to be issued on account of or in reliance upon any statements made herein,
including but not limited to, any matters that may be recorded between the effective date of the
Commitment referenced above and the time of the recording the instrument described in said
Commitment.
NOTICE TO VACATE
30. Owner agrees that upon notification of acceptance of Owner's request for a Deed in Lieu of
Foreclosure, Owner will vacate and turn over possession of the Property to the Grantee upon
demand, must be in broom swept condition, free and clear of personal property on or before
31. Failure to vacate the premises as required may not only delay the Deed in Lieu process
and /or render the Deed in Lieu Agreement null and void, but may also cause Lender to contact
local authorities to remove Owner from the property.
32. This Affidavit is made and given by Owner with full knowledge of applicable state laws
regarding sworn Affidavits and the penalties and liabilities resulting from false statements and
misrepresentations therein.
FURTHER AFFIANT SAYETH NOT. 6
.°c-‘2'1 e C 46 16171 f e f 0/6-fid-a dx</
Sandra P. Gaub, Exec of The Estate of Arnold Gaub
STATE OF 4 A
COUNTY OF e, i2- C. ss
The foregoing instrument was acknowlpiged befo me by Sandra P. Gaub, Executrix of The
Estate of Arnold Gaub on this Y i day of 6' .i f! v i ,4 20
Witness my hand and official seal
NOTARY STAMP/ SEAL
GARY S. GU$ITY
Notary Public
State of Nevada
Appt. No. 11-5706-1
My Appt. Expires Sep. 22, 2015
ature
wledging Of
Printed Name of Acknowledging Officer
Title (Rank) of Acknowledging Officer
MY Commission Expires: i 0