HomeMy WebLinkAbout979747979747 12/17/2014 9:34 AM
LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3
BOOK: 845 PAGE: 3 DEED IN LIEU OF FORECLOSURE
JEANNE WAGNER LINCOLN COUNTY CLERK
1111111111 11111 II
WARRANTY DEED IN LIEU OF FORECLOSURE
Adam M. Bench and Erika Bench of Baldwin City, Kansas, husband and wife, "Grantors
for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration to them in hand paid, receipt and sufficiency of which is hereby acknowledged, and
further in consideration of (a) the waiver by the Wyoming Community Development Authority
"Grantee of its rights under the mortgage described below, including the right to foreclose said
mortgage, and (b) the agreement of Grantee to forgive, 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 October 16, 2007, in the original principal amount of $175,000.00 (the
"Note and subject to the terms and limitations set forth in this deed, hereby grant, bargain, convey
and warrant to the Wyoming Community Development Authority whose address is 155 N Beech St,
Casper WY 82601, as Grantee, the following described real estate, situate in Lincoln County,
Wyoming, hereby releasing and waiving all rights, to -wit:
Beginning at a point which is 7 rods east from the Northwest corner of
Lot 1 in Block 16 in the Afton, Wyoming Townsite, as same is platted
and recorded in the Records of Lincoln County Wyoming and running
thence East 82.5 feet; thence South 111 feet; thence West 29.5 feet; thence
South 21 feet; thence West 53 feet; thence North 132 feet to the point of
beginning. Also beginning at a point which is 101 feet West from the
Northeast corner of Lot 1 in Block 16 in the Afton, Wyoming Townsite,
and running thence West 31 feet; thence South 110 feet; thence East 6.5
feet; thence North 53 feet; thence East 24.5 feet; thence North 57 feet to
the place of beginning.
together with all buildings and improvements situate on said real property and all fixtures and
appurtenances thereto and including built -in appliances, appliances, window and floor coverings,
plumbing, heating and cooling equipment and other personal property currently on the property
(collectively, the "Property
Subject to reservations, restrictions and easements of record.
This deed is further subject to the following:
A. The lien for which this deed is given in lieu of foreclosure was created by a Mortgage
(the "Mortgage dated as of October 16, 2007, executed and granted by Adam M. Bench and Erika
Bench, husband and wife, as mortgagors, to 1 Bank, as mortgagee, to secure payment of the Note.
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 18, 2007, in Book 676 at Page
Warranty Deed in Lieu:
closure Page 1
13. The Mortgage was assigned to Grantee on October 16, 2007, and the Assignment 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 18, 2007, in Book 676 at Page 26. This deed and the
conveyance being made hereunder, is being executed, delivered, and accepted in lieu of foreclosure
of the Mortgage 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. This deed is an absolute conveyance of title for fair and adequate consideration and is
not intended as a mortgage, trust conveyance, or security interest of any kind. Grantors declare that
this conveyance is freely and fairly made and that there are no agreements, oral or written, other than
this deed and the accompanying Estoppel Affidavit of even date, executed by Grantors with respect
to the Property. The Grantors understand and agree that this deed is being accepted by the Grantee as
an accommodation to the Grantors, conditioned on there being no other liens, judgments,
attachments or other encumbrances of record at the time this deed is recorded, except as otherwise
provided herein.
C. Notwithstanding anything to the contrary contained herein, the undersigned
acknowledges that the Grantee shall not be deemed to have accepted this Deed in Lieu of
Foreclosure and same is not effective until it has been filed of record by or on behalf of the Grantee
in the records of the Lincoln County Clerk.
Dated this
day of
20
GRANTORS:
Adam M. Benc
eatelL-
Erika Bench
Warranty Deed in Lieu of Foreclosure Page 2
STATE OF 1
COUNTY OF
ACKNOWLEDGMENT AND JURAT
This instrument was acknowledged before me on this
20 by Adam M. Bench.
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STATE OF f
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20 1 Lf by Erika Bench.
My Commission Expires: Y 1
This instrument was acknowledged before me on this to day of
NOTARY PUBLIC
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TOM i
S T A T E OF KANSAS 1'�Y APPt. ExP. 7�I,
Warranty Deed in Lieu closure Page 3
day of 1.1/
NOTARY PUBLIC Std..e o f Kansas
JENN1FE GOOD
My Apps, ExP
ANDREW J. HANSEN