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HomeMy WebLinkAbout922456 ¡" flllP!!bank WYOMING MORTGAGE. SECURITY AGREEMENT AND ~__~~@ ASSIGNMENT OF RENTS AND LEASES 661'008708 This Wyoming Mortgage, Security Agreement and Assignment of Rents and Lanes ("Uortgage") is made and entered Into by the undersigned borrower(s). guarantor(s) end/or other obligor(s)lpledgor(s) (collectively the "Mortgagor") in favor of u. s. :oNX N . A. (the "Bank") as of the datsNt forth below. ARTICLE I. MORTGAGE/SECURITY INTEREST , 1.1 Grant of Mortgage/Security Interest. The Mortgagor he/'Øby mortgages and warrants to the Bank, with power of sale, the Mortgaged Property (defined below) to secure aU of the Mortgagor's Obligations (defmed below) to the Bank. The intent of the parties hereto is that the Mortgaged Property secures the Obligations of the Mongagor to the Bank, described below, whethernow or hereafter existing, bøtween the Mongagor and the Bank or in favor of the Bank, including, without Umltation, any note. any loan or søcurity agreemønt. or ather agreement executed In connectlon with the Note (defined below) (together and individually, the ·Loan Documents"). The parties further intend that this Mortgage thai operate as a security agreement with respect to those portions of the Mortgaged Property which ale subject to Revised Article 9 ot the Uniform Commercial Code. 1.2 ·Mortgaged Property" means atl of the toUowing, whether now owned or existing or hereafter acquired by the Mortgagor. wherever located: aU the real estate described below or in ExhJblt A attached hereto (tha "Land") , together with all buildings, stNctures, standing timber I timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; aU materials, contracts, drawings and personal property relating to any constNction on the Landi and 811 other improvements now or hereafterCOn5tructed, affIXed or located thereon (the "ImprOvementa'") (the Land and the Improvements col1ectively tha "PremiA.·); TOGETHER with any and aU easements,rlght&-of·way,liœnses, privileges, and appurtenances thereto. and any and aU leases or other agreements for the usa or occupancy of the Premisøs, all the rents, is&ues, profits or MY proceeds therefrom and all security dep06ÏÙì and any guaraoty of a tenant's obligations thereunder (coUectively the ·Rents"): all awards as a result of condemnation, eminent domain or other decrease in value of the Premises and aU Insurance and other proceeds of the Premises. The Land is described as follows (or in Exhibit A hereto If the description does not appear below): FnCKL 191 OJ' '1'BB '1'OWJI OP DJ:AKONDVILLB., LDlCOLN C01mTY, WYOKDm, AS DESCRIBED ON 5'LAT NO. f) 01' '1'D UCORDS 01' LDfCOLH CO'ON'rY CLBU 000686 Property Located at: 310 Bwy 30 No~th, Diamondvill., Lincoln County, WY 83116. RECEIVED 9/14/2006 at 4:03 PM RECEIVING # 922456 BOOK: 633 PAGE: 686 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1.3 "ObligationS' mean¡¡ all loans by the Bank to D. J. I s Boldincrs, 1:nc: . Including those loaOl evldal1C8d by a note or notes dated 09/13/06 . in the initial principal amount(s) of $ "",000. DD . with interest thereon at the rate set out In said note(s) and with a final payment as set forth in said note(.), and any extensions, renewalli, restatementsand modifications thereof and atl principal. interslt, fees and expenses relating thereto (the ·Note"); and also means all the Mortgagor's debts, üabitities, obUgations, covenants, warrantles,and duties to the Bank (plus iœ affil1atesincludlng any credit card debt. but specificaUyexcluding any type of consumer credit), whether now or hereafterexi&ting or Incurred, whether liquidated or unliquidated. whether absolute or contingent, whether arising out of the Loan Documents or otherwise. and regardless of whether such ObrJgiltians arise out of existin~ or future credit granted by tþe Bank to any Mortgagor, to any Mortgagor and others, to others guaranteed, ~ndorsed or otherwISe secured by any Mortgigor or to any debtor·in·posæa¡ion/auCC8ssor·in-interestot any Mortgagor, and principal, Interest, fees, expenns and charges l8lating to any of the foregoing, Including, without limitation, cœts and expenses of coUection and ent~cement of this Mortgage, attorneys' fees of both inside and outside counsel and environmental a&søumentor remediation costs. The Interest rate and maturity of such ObUgations is 88 described in the documents creating the Indebtsdness secured hereby. ARTICLE II. WARRANTIES AND COVENANTS J~ addWon to ~I other warr~tle8 and covenants of the Mortgagor under the Loan Documønts which are expreasly incorporated herem as pan ot thia Mortgage. Including the covenants to pay and perform an ObJlgatiorui, and while any part of ths credit granted the Mortgagor under the Loan Document¡ is available or any Obligations of the Mortgagor to the Bank ire unpaid or outstanding the Mortgagor continuously warranta end agreoa ae follows: I 1714WV Quabancorp2001 81 PaQI 10lS IW3 '.:':::;:~::;:;:::. 2.1 Warranty of TlUelPosseuion. The Mortgagor warrants that h has sole and e)CClu&ive title to ana poSS85li1U1I UI u.u r'..' ..~...., excepting only the foUowing ·permitted Encumbr.nc:"~ restrictions and easements of record, and zoning ordinances {the terms of which are and will be comptied with, and In the case of easements, are and wHl be kept free of encroachments),taxea.and asses6me~ts not yet due and payable and those Permitted Encumbrances &at forth on exhibit 8 .ttache~ hereto (except ~hat if no exhibit 8 ~s attached there will be no additional Permitted Encumbrances). The lien of this Mortgage, subject only to Permmed Encumbrances, IS and will ~ontinue to be a valid first and only lien upon all of the Mortgaged Property. 000687 2.2 Maintenance' Waste' Alteration. The Mortgagor wID maintain the Premises In good and tenantBbIe condition and wiU restore or replace damaged ~r d8str~yed Improvements with items of a1least equal utility and value. The Mortgagor wiU not commit or permit waste to be committed on the Premises. The Mortgagor win not remove, demoüsh or materially alter any part of the Premises without the Bank's prior written consent. e CC8pt the Mortgagor may remove a fIXture, provided the fixture is promptly replaced with another fixture of at least equal utility. The replacement fixture will be subject to the priority lien and security of this Mortgage. 2.3 Tranafer and Uens. The Mortgagor wiU not, without the prior written CONient of the Bank, which may be withheld in the Bank's sole and absolute dJscreüon, either voluntarily or involuntarily (a) sell, assign, lease or transfer, or pennit to be sold, assigned, leased or transferred, any part of the Premises. or any interest therein; or (b) pledge or otherwise encumber, create or pennit to exist any mortgage, pledge, lien or claim for Hen or encumbrance upon any part of the Premises or interest therein. except for the Permitted Encumbrances. 2.4 Escrow. AfWr written reque&t from the Bank, the Mortgagor wUI pay to the Bank sufficient funds at such time as the Bank designates. to pay (a) the estimated annual real sstatetaxes and asaessmentson the Premises; and (b) aU property or hazard insurance premiums when due. Interest wiD not be paid by the Bank on any escrowed funds. Escrowed funds may be commingled with other funds of the Bank. All escrowed funds are hereby pledged as additional security for the ObHgaüons. 2.5 Taxes, Asse.smenta and Charges. To the extent not paid to the Bank under 2.4 above, the Mortgagor will pay befortiil they become dalinquent all taxes, assessments and other charges now or hereafter levied or a&sessed against the Premises, against the Bank balì8d upon this Mortgage or the Obligations secured by this Mortgage, or upon the Bank's interest in the Premises, and deliver to the Bank røcelpts showing timely payment. 2.6 Insurance. The Mortgagor will continually insure the Premises against such perils or hazards as the BanI< may require, in amoonts, with acceptable co-irwurance provisions, not less than the unpaid balance of the Obligations or the full replacement value of the Improvements, whichever ÍIì less. The policisl wHI contain an agreement by each Insurer that the poUcy will not be terminated or modified without at least thirty (30) days' prior written noüce to the Bank and will contain a mortgage clause acceptable to the Bank; and the Mortgagor wiU take such other action as the Bank may reaaonebly request to ensure that the Bank will receive (subject to no other Intørests)the insUrance proceeds from the Improvements. The Mortgagor hereby assigns all Insurance proceeds to and irrevocably directs, while any ObMgations remain unpaid, an)' Insurer to pay to the Bank the proceeds of aU such insurance and any premium refund; and authorizes the Bank to endorH the Mortgagor's name to effect the same, to make. adjust or lettle. in the Mortgagor's name, any claim on any Insurance policy relating to the Premises. The proceeds and refunds will be appUed in such manner a& the Bank, in Its sole and absolute discretion, detennines to rebuilding of the Premisss or to payment of the Obligations, whether or not then due and payable. 2.7 Condemnation. Any compensation received for the taking of the Premises,or any part thereof, by a condemnation proceeding (including payments irI compromise of condemnation proceedings), and all compensation received.as damages for injury to the Premi&as, or any part thereof, shall be applied In such manner lIS the Bank, In its sole and ab$olute discretion, determines to rebuilding of the Premises or to payment of the ObUgations, whether or not then due and payable. Mortgagor hereby assigns to Bank any claims for compensation for a taking by eminent domain of all or a part of the Mortgaged Property. 2.8 Environmental Matters. Except as specifically disclosed by Mortgagor to Bank In writing prior to the execution of this Mortgage, Mortgagor represents and warrants as foHows. There exists no uncorrected violation by the Mortgagor of any federal. state or Iocallews (including statutes, regulations, ordinances or other gavernmental restrictions and requirements) relating to the discharge of air pollutants. water pollutants or process waste water or otherWiae relating to the anI/Ironment or Hazardous Substances as hereinafter defined, whether such laws currently e)(ÎSt or are enacted in the future (collectively "Environmental L.aws"). The term "Hazardous Substances" wiu mean any hazardous or toxic wastes, chemlcQJs or other substances, the generation, possession or existence of which is prohibited or governed by any Environmental Laws. The Mortgagor is not subject to any judgment. decree, order or citation, or a party to (or threatened with) any litigation or administrative proceeding, which assertsthat the Mortgagor (a) has violatad any Environmental Laws; (b) Is required to clean up, remove or taJœ remedial or other acüon with respect to any Hazardous Substances (coUectlvely "Remedial Ac:tlort); or (c) is required to pay all or a portion of the cost of any Remedial Action, as a potentially responsiblø party. Except as disclosed on the Borrower's environmental questionnaire provided to the Bank, there are not now, nor to the Mortgagor's knowledge after reasonable investigation have there ever baen, any Hazardous Substances (or tanks or other facilities for the storage of Hazardous Substances) stored, deposited, recycled or dispOlì8d of on. under or at any real estate owned or occupied by the Mortgagor during the periods that the Mongagor owned or occupied such real estate. which if present on the real estate or in soils or ground water, cou~ require Remedial Action. To the Mongagor's knowledge. there ara no proposed or pending changes in EnVI~nmental Laws which would adversely affect the Mortgagor or üs business, and there are no conditions existing currently or likely to eXIst whUe th.e Lo~n Documents ~re irI eff~ which would sublect the Mortgagor to Remedial Action or other liability. The Mortgagor currently complies with and wW continue to tunely comply with aU applicable Environmental Laws: and wUl provide the Bank, immediately ~on receipt. caples .~f any correspondence, notice. complaint. order or other document from any source asserting or alleging any cltcumstance or condition which requires or may require a financial contribution by the Mortgagor or Remedial Action or other response by or on the pan of the Mortgagor under Envlronmentill Laws, or which seek8 darmagQ$ or civil, criminal or punitive penaltÌfl8from the 1714WY Page 2 of 5 :~fi:.~~,:~~::¡:~;:! ,'1__1,(;.'; ' ~'" :~i;!ii;li{t~i!;!:!/::' '~..;.,:¡,ii:!¡i¡~1~¡1¡¡:ji~···.. Mortgagor for an aleged violation of Environmental Laws. In the event of any such circumstance or condition, the Mongagor agreœ, EiI its expense and at the request of the Bank, to pennit an environmental audit solely for the benefit of the .Bank, to be conducted by the Bank or an Independent agent selected by the Bank and which may not be relied on by the Mortgagor for any purpose. This provision shall not relieve the Mortgagor from conducting its own environmental audits or taking any other steps necessary to comply with Environmental laws. 2.9 Assignments. The Mortgagor will not assign, in whole or in part, without the Bank's prior written consent, the rents, issues or profits arising from the Premises. 2.10 Right of Inspection. The Bank may at all reasonable times enter and inspect the Premises. 000688 2.11 Waivers by Mongagar . To the greatest extent that such rights may then be lawfully waived, the Mortgagor: hereby agrees for itself and any persons claiming under the Mortgage that it win waive and will not, at any time, Insist upon or plaad or In any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or moratorium law now or at any time hereafter in forc,,; (b) any law now or hereafterln torce providing for the valuation or appraisement of the Premisesor any part thereof prior to any sale or sal8s thereot to be made pursuant to any provision herein contained or pursuant to the dØCfBØ. judgment or order of any court of competent jUrisdiction; (c) to the extent permitted by law, any law now or at any time hereattermade or enacted granting a right to redsem from foreclosure or any other rights of redemption in connection with foreclosure of this Mortgage; (d) any statute of imitations now or at any time høreafter in force; or (e) any right to require marshalling of assets by the Bank. 2.12 Assignment of Rents and La.5." The Mortgagor assigns and transfers to thè Bank, as additional security for the Obligations, all right, title and interest of the Mortgagor in and to allleaEi8S which now exist or hereafter may be executed by or on behalf of the Mortgagor covering the Premisss and any extensions or renewals thereof, together with all Rents, It being intended that this is an absolute and present assignment of the Rants. Notwithstanding that thi¡ assignment constItutes a present assignment of leases and rents, the Mortgagor may collect the Rents and manage the Premises,but only if and so long as a default has not occurred. If a default occurs, the right of Mortgagor to collect the Rentsand to manage the Premises shall thereupon automatically terminate and such right, together with other rights, powers and authorizations contained herein, shaD belong exclusively to the Bank. This assignment confers upon the Bank a power coupled with an interest and cannot be revoked by the Mortgagor. Upon the occurrence of a default, the Bank, at its option without notice and without &Øeklng or obtaining the appointment of a receiver or taking actual pœsession of the Premisea may (a) give notice to any tenant(s) that the tenant(s}should begin making payments under their lease agreement(s)dlrectJy to the Bank or Its designee; (b) commence a foreclosure action and file a motion for appointment ot a receiver¡ or (c) gÏ\fe notice to the Mortgagor that the Mortgagor should coUect all Rents arising from the Premises and remit them to th. Bank upon coUection and that the Mortgagor should entorce the terms of the lease(s)to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Mortgagor shall be held in trua;t by the Mortgagor for the Bank. All such payments recøived by the Bank may be applied in any manner as the Bank determines to payments required under this Mortgage, the Loan Documents and the Obligations. The Mortgagor agre.s to hold each tenant harmless from actions relating to tenant's payment of Rents to the Bank. 2.13 Fixture Filing. From the date of Its recording, this Mortgage shaH be effective as a financing 81aternent,Oed as a fixture filing with respect to the Improvements and for thi& purpose the name and address at the debtor is the name and address ot the Mortgagor as set forth In this Mortgage and the name and address of the secured party Is the name and address of the Bank aEi set forth in this Mortgage. The Mortgaged Property Includes goods which are or are to become flxturea. ARTICLE III. RIGHTS AND DUTIES OF THE BANK In addition to all other rights (including setoff) and duties of the Bank under the Loan Documents which are expressly Incorporated herein as a part of this Mortgage, the foUowing provialons wiU also "J)ply: 3.1 Bank Authorlzedto Perform for Mortgagor. If the Mortgagor falls to perform any at the Mortgagor's duties 01 covenants&Ø1 forth in this Mortgage, the Bank may perform the duties or caUle them to be performed, including, wlthout6mltation, signing the Mortgagor's name or paying any amount so required, and the cast, with Intereatat the default rate set forth in the Loan Documents, will immediately be due from the Mortgagor to the ESank from the elate of expenditur& by the Bank to date of payment by the Mortgagor, and wUl be one of the Obligations secured by this Mortgage. All acts by the Bank are hereby ratified and approved, and the Bank will not be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE IV. DEFAULTS AND REMEDIES The Bank may enforce its lights and remedies under this Mortgage upon default. A default wUl occur If the Mortgagor falls to comply with the terms of any Loan Documents (Including this Mortgage Dr any guaranty by the Mortgagor) or a demand for payment is made under a demand loan, or the Mortgagor defaulta on any other mortgage affecting the Land. or If any other obligor fails to comply with the \srms of any Loan Documents for which the Mortgagor has given the Bank a guaranty or pledge. Upon the occurrence of 8 default, the Bank may declare the ObligatJona to be Immediately due and payable. 4.1 Cumulative Remedies; Waiver. In addition to the remedies for default &8t fonh in the Loan Documents. including acceleration, the Bank upon default will have all other rights and remedla& for default avaQable by law Dr equity Including foreclosure sale of the Mortgaged Property pursuant to this Mortgage and applicable law, the extinguishment of the right. title and intere&t of the Mortgagor in the Mortgaged Property and the rights of all claiming by, through or under the Mortgagor. and the application of the proceeds of such sal~ to satistythe ObUgations. The rights and remedies specified herein are cumulative and are not exclusive of any rights or remedies which thQ Bank would otherwisø have. With raepect to ouch rights and remsdles: 1714W'1' Page 3 of 5 .:.: ":::¡¡~j¡j¡1¡1:¡¡:¡::,.·· :.:.:.:.:.:.;.:.:.;. ;':':';':':':':':':'. ,- ,....'..........,'. ....,.,.,......., .:.;.;.;.:.;.;.;,: ··:; I¡· ..... <a> Receiver; Mortgage..in-Possesslon. Upon the commencement or during the pendency at anyacnon '0 IUI~" W'Ióa Mortgage, the Bank will be entItted, as a matter of right, without notice or demand and WIthout gMng bon~ or othe~ sscunty, and without regard to the solvency or Insolvency of the Mortgagor or to the value of the ~remises, to have a receiver app~ (\ted f~r aU or any part of the Premises. which receiver wUI be authorized to collect the rents, ISsues a~ profits of the PremISes dunng the pendency of such foreclosure actJon, and until discharged, and to hold ~d apply such rents,lSsU8a and .proflts, when so coIleoted. as the court wiD from time to time direct. Without limitation of the foregoing. the Mortgagor hereby authonzesthe Bank to be placed in possession of the Premises during foreclosure, whether the PremIses are residential or not, and, for &0 long as the Bank shall remain In possession of the PremIses, the Bank shall have the power and authority to operate, manage and control the Premises, including, without limitation, the right to receive the rents, issues and profits of the Premises. perform aU maintenance and make all repairs and replacements. enter into leases, and amend, cancel, renew. modify and tørmlnate the same. 000689 (b) Foreclosure. The Bank may foreclose this Mortgage by advertisement and sale of the Pramisesat public venue according to statutes governing mortgage foreclosures of the state of the location of the Premises and cause to be executed and delivered to the purchaser or purchasers at any such sale II good and sufficient deed or deeds of conveyance of the property so sold and to apply the proceeds arising from such sale, first to the payment of all costs and expenses incurred by the Bank in connection therewIth, inc1uding, without limiting the generality of the foregoing, court costs, legal feøs, and expenses, fees of accountants. engineers, coru¡¡ultants. agents or managers and expenses of any entry or taking 01 possession, holding. valuing, preparing for sale, advertising. selling and conveying: second, to the payment of the amounts secured hereby; and third, any surplus thereafter remaining to Mortgagor or Mortgagor's successors or asaigns, as their Interests may be estabUshed to Bank's reasonable satisfaction. There shaD be included in any or aU such foreclosure proceedings. a reasonableattomey'sfee as part of the Mortgagor's indebtedness. In case the Bank shall fail to promptly foreclose upon the occurrence of any event of default, Bank shall not thereby be prejudiced in its right of forecloaure at any time thereafter during which such default shall continue and Bank ¡MIl not be prejudiced In its foreclosure rights In the case of further default or defaults. (c) Waiver by the Bank. The Bank may pennit the Mortgagor to attempt to remedy any default without waiving Ita rights and remedies hereunder, and the Bank may waive any default wtthout waIvIng any other subsequent or prior default by the Mortgagor. Furthermore, delay on the part of the Bank in exercising any right, power or privilege hereunder or at Jaw wiU not operate as a waiver thereof. nor will any sIngle or partial exercise of such rIght, power or privilege precJude other exercise thereof or the exercise of any other right, power or privilege. No waiver or suspension wHI be deemed to have occum~d unless the Bank has expresaly agreed in writing specifying such waiver or suspension, (d) Attorneys' Fees and Other Colits. Attorneys' fees and other costs Incurred In cannectlon with foreclosure of this Mortgage may be recovered by the Bank and Included In any judgment of foreclosu/'$. ARTICLE V. MISCELLANEOUS In addition to all other misceUaneous provisions under the Loan Documents which are expressly Incorporated as 8 part of this Mortgage, the foUowing provisions wID also apply: 5.1 Tann of Mortgage. The Uen of this Mortgage shall continue in fUU force and effectuntU thÌliì Mortgage ia relea68d. 5.2 Time of the Essence. Time is of the essence with rssptCt to payment 01 the Obligations, the performaocs of aU covenants of the Mortgagor and the payment of taxes. IISS8saments, and similar charges and Insurance premiums. 5.3 Subrogation. The Bank wID be subrogated to the aen of any mortgage Dr other Den discharged. in whole Dr in part, by the proceeds of the Note or other advances by the Bank, in which event any sums otherwise advanced by the Bank shall be immediately due and payable. with Interest at the default rate set 10rth in the Loan Documents from the date of advance by the Bank to the date of payment by the Mortgagor, and wiU be one of the Obligations secured by this Mortgage. 5.4 Choice of Law. Foreclosure of this Mortgage wiU be govemed by the laws of the state In which the Mortgaged Property is located. For all other purposes, the choice of law specIfied in the Loan Oocllment& wHI govem. S.S S8~.rablllty. InvaUdltyor unenforceability of any provision 01 this Mortgage shaIl not affect the vaUdity or enforceability of any other provision. 5.& Entire Agreemenl. This Mortgage Is Intended by the Mortgagor and the Bank as a fInal expressIon of this Mortgage and as a complete and exclusive statement of ita term&, there being no conditIons to the tuD etfectÎ'Jenessof this Mortgage. No parol evidence of any natùre shall be U$ed to supplement or modify any terms. 5.7 Joint UabiUty;5ucceaaor. and AnlglUl. If there is mora than one Mortgagor, the IiabUity of the Mortgagors wql be joint and several, and the reference to MMortgagor" shall be døømed to refer to each Mortgagor and to aU Mortgagors. The rights, options, powers and remedies granted in tNa Mortgage and the other Loan Documents shall extend to the Bank and to Ita successors and assigns, shall be binding upon the Mortgagor and its successors and assigns, and shall be appUcable hereto and to aU renewals amendments and/or extensions hereof. ' 5.8 Indemnification. Except for hann arising from the Bank's willful misconduct, the Mortgagor hereby indemnifies and agrees to defend and hold the Bank harmle58 from any and all losses, costs. damages. claims and expenses (including, without UmltatJon, attomeys' fees and expensøs) of any kind suffered by or asserted agai11st the Bank relating to claims by third parties arising out of the fi~ancing provided un~r t~e Loan ~umen~s or related te the Mongaged Property (including, without Umitation. the Mortgagor's !aüure to per:t0rm Its obllgatlo~s relating to EnVIronmental ~~ers dsscrlb,ed in SectIon 2.8 above or the exercise by the Bank of any of Its powers. nghts, and remedies under this Mortgage). ThIS IndemnificatIOn and hold harmless provision wlU survive the termination of 1714W( PagU of 5 ~:~!:;¡m:r:~;~!¡¡::~~ ·. ..');¡[~j~~¡j;j:::.)\: . ". i 11~:r ;:: ~ the Loan Documents and the satisfaction of thIs Mortgage and Obligatlana due the Bank. 000690 5.9 Notices. Notice of any record shaD be deemed delivered when the record has been (a) deposited in thø United States MaU, postage pre-paid, (b) received by overnight delivery urvlce, (c) receÍ'led by telex, (d) receÍ'led by telecopy. (e) receIved through the internet, or (f) when personally deUv.red. 5.10 Release of Hom..tead, Each of the underslgnød hereby releaseaand waiVes all rights under and by virtue of the homeitead exemption laws of the State of Wyoming, 5.11 Copy. The Mortgagor hereby acknowtedges the receipt of a copy of this Mortgage. togøther with a copy of each promissory note secured hereby. and all other documents exec:uted by the Mortgagor in connection herewith. 5.12 Riders, The rlder(&) anached hereto and recorded together with this Mortgage are hereby fuUy Incorporated into this Mortgage. [Check applicable box{n)] 0 Condominium Rider 0 Second Mortgage Rider 0 Construction Loan Rid&r o Other(s) (Specify) IN WITNESSWHEREOF,the undersigned haslhave executed this MORTGAGE as of SBP'l'EMBBR 13, 2006 (Individual Mor1gagor) ~ ~n - (~,H---j/L Mongagor Name )'I/A Namø IndTlllø David A Shit lcox. President By ~Name H/A Name and TlUIiI (Mortgagor Addre&&) (Bank Address) 3700 Hi9hw"y 374 Green River, WY 82935 555 BW OAK: PORTLAHD, OR 97204 STATE OF W'IbrY\ ~1\1 COUNTY OF6lùlJ-Wo...-t-(.( ¡ u. 1111& instnønent was acknowlødgecl before me on \ '3 ~(~ -I ~~ý ;}(::Ol" , by Ðavid A Shillcox (~) IIII*W\OI» as President . CIYII8 1/1 aIIItIcIIIty, I 1111)'. e.g., tllllc:8t. w.t8II¡ 1I..liïdlvlrål8l, 5IIIe '. of D.J.'s Hol!tl.!:!Bs. Inc. I1IIIßIec ituillidual' at '. aiftOIa InclMduIII') INtItM III anlJiy QI1 WhoM INIhAJ .... ÓDCUI1IIII1I was 8IUICUIIId; 11M NlA 1I1ndiVidWII) Wïtoess my hand and official seal. [~~~~. COUNTYOF . 8TA11!OP·· . 8WEE1WATER Wvo.NG MY IXI" IS' "'" EXFIAES 1..JIotß aC¥>B ~ -~q~~>l¿'V N01ary Public, Slate of: t-ùyo nf /rI f My cormIisslon expires: / VI-( n t Z ¿JOe ThIs i1stn.m8nt was drafted by Gale A York (name) onbehalfof U.S. BANK N.A. (bank name) Afte( recording return to U. S. JAN ( N. A . (name) CD1-LA TERAL DEPARTMENT Þ. O. BOX 5308 PORTLAND. OR 97228-5308 (address) 1714WY Page 6 Qf S /