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Home My WebLink About928163 000575 Capitol Services, Inc. P.O. Box 1831 Austin, TX 78767 800/3454647 THIS INSTRUMENT WAS PREPARED BY AND UPON RECORDING, THIS INSTRUMENT SHOULD BE RETURNED TO: Curt D. Reimann, Esq. SNELL & WILMER L.L.P. One South Church Avenue, Suite 1500 Tucson, Arizona 85701-1630 (520) 882-1200 RE: HB PROPERTIES, L.C. 37 West Swifft Cre.ek Lane, Afton, WY 83110 LINCOLN COUNTY RECEIVED 4/6/2007 at 10:46 AM RECEIVING # 928163 BOOK: 653 PAGE: 575 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ....'¡. ASSIGNMENT OF MORTGAGE '-." " FOR VALUE RECEIVED, THIS ASSIGNMENT (the "Assignment") is executed and delivered by the undersigned, CITICORP NORTH AMERICA, INC., a Delaware corporation, whose address is 2600 Michelson, Suite 1200, Irvine, CA 92612 ("Assignor"), in favor of GE CAPITAL FRANCmSE FINANCE CORPORATION, a Delaware corporation ("Assignee"), whose address is 17207 North Perimeter Drive, Scottsdale, Arizona 85255. WHEREAS, CITICORP LEASING INC., a Delaware corporation ("CLI") and Assignee entered into that certain portfolio Acquisition Agreement dated as of March M, 2007 (the "Agreement") whereby CLI agreed to sell, and Assignee agreed to purchase certain mortgage loans. WHEREAS, a certain Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated March 22, 1999, executed by HB PROPERTIES, L.C., a Utah limited liability company in favor of FRANCHISE ACCEPT ANCE CORPORATION LIMITED, an Irish corporation ("FACL") and recorded on August 10; 1999 as Instrument No. 860632 in Book 434PR Page 274-297, with the office of the Lincoln County Recorder, State of Wyoming (the "Original Mortgage"). WHEREAS, FACL subsequently assigned to Assignor, all rights, title and interest in, to, and under the Original Mortgage, by that certain Assignment of Mortgage dated March 22, 1999, and recorded on September 23, 1999 as Instrument No. 861589 in Book 436PR Page 173-177, with the office of the Lincoln County Recorder, State of Wyoming (the "Assignment"). WEHREAS, the Original Mortgage was amended by that certain First Amendment to Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated August 3, 1999 and recorded on September 28, 1999 as Instrument No. 861684 in Book 436PR Page 350-357, with the office of the Lincoln County Recorder, State of Wyoming (the "First Amendment"). 99999.9CDR\Reimanc\TUX\396315.1 O~28163 000576 WHEREAS, the Original Mortgage, the Assignment and the First Amendment are collectively referred as to the "Mortgage". WHEREAS, Assignor is the beneficial owner of that certain Mortgage identified in Exhibit "A" attached hereto and by this reference made a part hereof which is security for one of the mortgage loans being purchased by Assignee under the Agreement, with the real property referenced in the Mortgage being described as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. WHEREAS, Assignor, for valuable consideration, the sufficiency and receipt of which are hereby acknowledged, does hereby assign, transfer, set over, release, quitclaim and otherwise grant and convey to Assignee, and its successors and assigns forever, without recourse and without representation and warranty except for representations and warranties contained in the Agreement, all of its right, title and interest in, to, and under the Mortgage, together with all its right, title and interest in, to and under the Mortgage. Assignor and Assignee acknowledge and agree as follows: 1. The terms and provisions of this Assignment shall inure to the benefit of, and shall be binding upon, the successors and assigns of the parties hereto. 2. This Assignment shall be constmed and enforced according to the laws of the State of Wyoming. 3. The representations and warranties of CLI and Assignee under the Agreement shall be deemed and constmed to survive the execution and delivery of this Assignment and shall not merge herein or herewith. The person executing this Assignment on behalf of Assignor has full power and authority to do so. IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed in manner and form sufficient to bind it as of March;Z2, 2007. CITICORP NORTH AMERICA, INC., a Delaware corporation "ASSIGNOR" 99999.9CDRIReimaJlc\TUX\3963 15.1 2 O~28163 00057·7 CAPACITY CLAIMED BY SIGNER State of County of On 3)23101 before me, .~W\O\~ y WlP .) tsiJþ'Ylj Date Name, Title of Officer-e.g. "Jane Doe, Notary" personally appeared CV\ V ~<;-r~ V1 e- l:~ IIV'\. D INDIVIDUAL cØ.- personally known to me -OR- D proved to me on basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D PARTNER(S) D ATIORNEY -1N-FACf D TRUSTEE(S) ~ hand and official seal. ~D~ SIGNATURE OF NOTARY D SUBSCRIBING WITNESS ~. SAMANTHA Y. WU ~, Commission # 1 713562 J. Notary Public . CalifornIa I J Orange County ! . w w. ~ .~~~~3~':O~1 D GUARDlANI CONSERVATOR D OTHER: SIGNER IS REPRESENTING: AlTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATIACHED TO THE DOCUMENT AT THE RIGHT: Title or Type of Document Number of Pages _ Date of Document Signer(s) Other Than Named Above: O~Z8163 EXHIBIT "A" 000578 rList of Mortgages 1 1. Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated March 22, 1999 and recorded on August 10, 1999 as Instrument No. 860632 in Book 434PR Page 274-297, with the office of the Lincoln County Clerk, State of Wyoming. 2. Assignment of Mortgage dated March 22, 1999, and recorded on September 23, 1999 as Instrument No. 861589 in Book 436PR Page 173-177, with the office of the Lincoin County Clerk, State of Wyoming. 3. First Amendment to Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated August 3, 1999 and recorded on September 28, 1999 as Instrument No. 861684 in Book 436PR Page 350-357, with the office of the Lincoln County Clerk, State of Wyoming. 99999.9CDRIReimanc\TUX\3963 15. I 4 O~28163 000579 Descriotlon or Prooerlï i i That part of the E~E~E" of Section 25, T32N Rl19W, within the Incorporated Limits of the Town of Afton, Lincoln County, Wyoming, being part of that tract of records in the Office of tne Clerk of Lincoln County in Book 173PR on page 14, described as follows: Beginning at a spike on the east line of said E~~E" identical with the southeast corner of that tract of record in said Office in Book 352PR on page 498, N 00005'2411 E, 346.50 feet, from the southeast corner or said E~~E"; thence S 89040' 1311 W, 292.50 feet, along the south line of said tract in Book 352, to the northeast point of that tract of record in said Office in Book 386PR on page 468; thence S 00005'24" W, 154.03 feet, along the east line of said tract in Book 386, to a spike_Ion the centerline of swift Creek Lane; thence S 75°06'3711 E, 302.54 feet, along said centerline, to a spike on the ·east line of said E~E~E"; thence N 00005'24" E, 233.46 feet, along said east line, to the spike of beginning.