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000701
AFFIDAVIT AS TO ERROR AND CORRECTION (SCRlVENER'S AFFIDAVIT)
STATE OF UTAH
)
RECEIVED 6/9/2006 at 4:14 PM
RECEIVING # 919207
BOOK: 622 PAGE: 701
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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COUNTY OF SALT LAKE )
Paul H. Van Dyke, being first duly sworn upon his oath, deposes and states:
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1. I testify to the following facts from my personal knowledge.
2. I am the attorney for Mountain West Small Business Finance.
3. In the course of my representation of Mountain West Small Business Finance, I prepared
and caused to be filed the following documents ("Documents ") of record in the official
records of Lincoln County, Wyoming:
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a.
Mortgage dated April 6, 2006 wherein Wapiti Management, LLC appears as
Mortgagor and Mountain West Small Business Finance appears as Mortgagee,
recorded May 25, 2006 as Receiving No. 918786, Book 621, Page 221.
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b. Assignment of Mortgage dated April 6, 2006 recorded May 25,2006 as Receiving
No. 918788, Book 621, Page 229.
c. Request of Notice of Default and Sale dated April 22, 2006 recorded May 25,
2006 as Receiving No. 918789, Book 621, Page 231.
d. Lease between Wapiti Management, LLC as Lessor and Quality Quick Lube LLC,
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000702
as Lessee, dated April 6, 2006, recorded May 25,2006 as Receiving No. 918790,
Book 621, Page 233.
e. Real Estate Lease Subordination Agreement executed by Quality Quick Lube
LLC, dated April 6, 2006, recorded May 25, 2006 as Receiving No. 918792,
Book 621, Page 241.
f. Lease between Wapiti Management, LLC as Lessor and Aspen Physical Therapy,
LLC, as Lessee, dated April 6,2006, recorded May 25, 2006 as Receiving No.
918791, Book 621, Page 237.
g. Real Estate Lease Subordination Agreement executed by Aspen Physical Therapy,
LLC, dated April 6, 2006, recorded May 25, 2006 as Receiving No. 918793,
Book 621, Page 244.
4. The Documents affect certain real property ("Property") located in Lincoln County,
Wyoming as is more particularly and correctly described in the attached Exhibit A.
5. The legal description attached to each of the Documents contain an error ("Error") in that
they each describe the Property as:
Lot 1 of Star 'A' Addition to the Town of Alpine, Lincoln County, Wyoming as
described on the official plat No. 168-B filed on May 24, 2005 as instrument No. 908643 of the
records of the Lincoln County Clerk.
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6. The correct legal description of the Property is:
Lot 1 of Star 'A' Addition to the Town of Afton, Lincoln County, Wyoming as
described on the official plat No. 168-B filed on May 24, 2005 as instrument No. 908643 of the
records of the Lincoln County Clerk.
7. This Affidavit is filed pursuant to W.S. 3411-101 to correct the scrivener's error contained
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000703
m the Documents to state the correct town ill the legal description attached to the
Documents.
DATED this ~ day of
Jv~ ,2006
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STATE OF UTAH
COUNTY OF SALT LAKE
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The foregoing instrument was acknowledged before
Notary Public
GOLDIE M. OLSON
4878 Highland Circle #5
Salt Lake City, UT 84117
My Commission Expires
November 1, 2008
State of Utah
e 8, 2006 by Paul H. Van Dyke
Not
0919207
C00704
SBA 504 Loan No.:
90971240-03
EXIllBIT A
The land described in the foregoing document is located in Lincoln County, State of Wyoming and is
described more particularly as:
Lot 1 of Star 'A' Addition to the Town of Afton, Lincoln County, Wyoming as
described on the official plat No. 168-B filed on May 24,2005 as instrument No. 908643 of the
records of the Lincoln County Clerk.
.,
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