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Home My WebLink About929122 · ...... ., ....-... . 6010715146 RECORDATION REQUESTED BY: Contln,nt.1 B.nk 15 W. South Temple. Suite 420 Salt Lake City. UT 84101 000103 ,~),¡ WHEN RECORDED MAIL TO: Contln,ntlll Blink 16 W. South Temple. Suite 420 Salt lake City. UT 84101 RECEIVED 5nl2007 at 3:55 PM RECEIVING # 929122 BOOK: 657 PAGE: 103 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SEND TAX NOTICES TO: Contlnent.' Bank 15 W. South Temple. Suite 420 S.lt Lake Cit.". UT 84101 SPACE ABOVE THIS LINE 18 FOR RECORDER'S USE ONLY CONSTRUCTION MORTGAGE MAXIMUM LIEN. The lien of this Mortgage shall not exceed at anyone time $600,000.00. THIS MORTGAGE dated May 3, 2007, Is made and exeouted between DBH, LLC. a Utah limited LI.bllltv Company (referred to below as "Grantor'" and Continental Bank, whose address Is 15 W. South Temple, Suite 420. Soft Lake City, UT 84101 (referred to below as "Lender"). GRANT OF MORTGAGE. For Vl/u.bl8 lIonlldlratlon. Grantor mortgages and conveys to lender all of Oran!or's right. title. and IntereSlln and to the following descrIbed real property. toge1h.r with all eICisting or subsequently erected or affixed buildinge, improvements and fixture$: all oasements, rights of way. and appunenances; "" w,,'er. wat8r rightll. watercourses and ditch rights Including stock in utili!ies with ditch or irrigation rightll)¡ and all other rights. royalties. end profits relilt!'Q to th8 r8111 property. Including without. limitation all minerala, oil. gas, geothermal ilnd 8¡milar maners. (the "Real Property") locatvd In Linçoln County, State of Wyoming: LOT 22 OF STAR VALLEY RANCH PLAT 2, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT FILED ON AUGUST 5, 1970 AS INSTRUMENT NO. 424558 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. The Rear Pro).rtv or Ita address is commonly known 8& Lot 22 of Star Valley Rançh Plat 2. Star Valley Ranch, WY 83127. The Real Property t8X Identification number is 12351924401061.00. CROSS-COllATERALlZATION. In addition to the Note, this Mortgage secures the following described additional indebtadneas: Construction Mortgage dat8d July 1 1. 2006 and a Construction Mortgage dated April 1 S. 2007. REVOLVING I.INE OF CREDIT. Thl, MortgBgB leaunt' the Indllrtednlss Including, wIthout limitation. 8 revolving line of credit. which obligate, Lender to mike advances to Borrower so long as Borrower compU.. with illI the terms of the Note. Grantor presandy aasignll to Lander all of Grantor's right. title. and interest in and to 811 present and future leilses of the PropertY Bnd BlI Rent8 (rom the Propert'¡. In addition, Grantor grants to Lendar a Uniform Commercial Coda security ¡merest in the Personal Property and Ren!s. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF REr.ll'S AND "(HE SECURITY INTEREST IN THE RENTS AND peRSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (III PERFORMANCE OF ANY AND ALL OBLIGATIONS UNbER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights Or doten,es arising by reason of any "one action" or "anti-deficiency· law. or any other law which may prevent Lender from bringing eny ¡¡ction ilgainst Grantor, Including a claim tor detlcloncy to the extent lender is otherwise entitled to a claim for deficiency. belore or after Lender's commencement or completion of any foreclosure action, eith8r judicially or bv exorcise of e power of IIIIle. GRANTOR'S REP"ESENTAT/ONS AND WARRANTIES. Grantor warrants that: 181 this Mortgage is executed at Borrower's request and not at the request of lender; Ib) Grilntor hn the full power. right, and authority to an1er into thill Mortgagct and to hvøothaoate tha ProøQrtý; (0) thQ provl:¡lons of thIs Mortgage do not confilet with, or result In iI defaul!l,Inder ilny agre8ment Or other instrument bInding upon Grantor and do nOt result In a violation of any law. regulation. court decree or order applic8ble to Grantor; (d) Grentor has e8tillblished adeQU8te mean, of obtaining from Borrower on a con11nulng basla information about Borrower's financial condition; and (el Lender has made no representation to Grantor about BorrOwer (inoludlng without limitation the crQditwor1hiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mon9age, Borrower Bnd Grantor ehall pey 10 Lender alllndeb!edne8s lIecured by this Mortgage as it becomes due. and Borrower and Grantor shall strictly perform all Borrower'a IInd Grantor's obligations under this Mortgago. CONSTRUCTION MORTGAGE. Thie Mortgage ie a 'construotlon mortgage" for the purp0G88 of Seo1ions 9-334 and 2A-309 of tha Uniform Commercial Code. as those sections have been adopted by the Stale 01 Wyoming. POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property ahall be governed by the following provisions: Possession and Use, Umil the occurrence of an Event 01 Default. Grilntor may (1) remain in po,ses,ion ;lnd control of the Property; 12) use, operate or manage the Property; and 131 collect the Rents from the Property. butý to Maintain. Grantor shall maintain the Property in tenanlable condition and promptly perform all repajrs. replacements, and maintenanclIJ nooeeellry to pressrve Ite valuB. Compliance With Environmentel Lew5. Grantor reprnent!! and warrantl to L.nder that: It) During the p.riod of Gfantor'& own.rship of the Property. there has been no use, generation, manufacture, 8torage, treatment, disposel, rei".. or thre.tened release of any Hsz.rdous Sub8tanc8 bv any person on. under. aboul or from the Property; (21 Grantor has no knowledge of. or reason to belIeve that there has Loan No: 1101900213 °1~2S12Z been, eXcBpt .1 previously di&cloud to and acknowledged bV Lender in writing. (a) any breach Ot violation of anv Environmental Laws. Ib) any U8e. gener¡nion, mc¡nufilcture, storage. traatment, disposal, release or threatened releilse of any Hazardous Substance on, under, about or from the Property by eny prior owne" ot occupants of the Property. or Ic) any actual or threatened litigation Or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and acknowledged by Lender in writing. la) neither Grantor nor any tenant, contractor. agent or other authorized user of the Property shall usa. generate. manufacture. store, treat. dispose of or r.IBUB any H.zatdous Substance on. under, about or from the Propel'ty; clOd (bl any lIuch activity shall be conducted in compliance with ell eppliceble feder, I, statB. and local laws. regulations and ordinences. including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter uþon the Ptoperty to make such inspections and tests. at Grantor'a expen&s, as Lender may deem appropriate to determine compliance of the Properw with thi, section of the Mortgage. Any inspections or tests made by Lender ahall be for Lender's purposes only and shall not be construed to create ¡my reeponsibility or liability on the part of Lender to Grantor or to any other peraon. The raptesantatlons and warranties contained herein are bned on Or,lOto,'s due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releasell and waives any future claims against Lender for indemnity at CQnttibution in the event Grentor becomes liable 'or cleanup or other CO¡;t8 under any such laws; and 121 agrees to indemnify. de'end. and hold h.rmleas Lender against any and all claims. losses. liabilities, damillgea. penaltis8, and EIJo;penses which lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of ilny use, QeneratiQn. manufacture, storage, disposal. release or threatened relene occurring prior to Grantor's ownership or interest in the Property. whether or not the same was or should have been known to Grantor. The provisions of this 8ection of the Mortgage. including the obligation tD indemnify end defend. shall sorvil/e the payment of the Indebtedness and the sati,faction end reconveyance of the lien of this Mortgage and shall not be affeoted by Lender'e acquisition of any interest In the Property, whether by foreçlosure or otherwisB. Nul"nce. W..te. Grlntor IIhall not cause. conduct Qr permit any nuisance nor commit. permit, or sufter any stripping 0' or walta on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grentor will not remOVB, or grant to any othet party the right to remove. eny timber. minerels (inOluding oil and gasl. coal. clay. scoria. soli, gravel 0, rock products without Ltnder's prior written consent. ' MORTGAGE (Continued) 000104 P8ge 2 Removal of Improvement.. Gr.ntor shall not demolish or remove any Improvements from the Reel Property without lender's prior written consent, As a condition w the removilll of eny Improvement!!, Lenda/' may require Grantor to make arrangements setisfactory to Lender to teplace such Implovements with Improvements of at lent squal value. Lender'a Right to Enter. Lønder and Lender's agents and represent,tiVtts may enter upon the Real Property et ell reasonable times to attend to Lendsr's interarts and to inspect the Real Property for purposes of Grantor's complianoe with the terms and conditions of this Mortgege. Compliance with Governmente' Requirements. Grantor shall promptly comply with all laws, ordin.ncea. end regulations. noW Or hereafter in effect. of all governmental authorltfe. applicable 10 the use or occupancy of the Property. including without limitation. the Americsna With DIsabilities Act. Grantor may contest in good filith eny euch law, otdinanca, or regulation and withhold compliance during any proceeding. Including appropriate appeels, so long ae Grantor has notifiad Lender in writing prior to doing so and so long as. in lender's aole opinion, Lsnder's intereats in the Property are not jeopardized. Lender mav require Grentor to po.t .dsquate .ecurity or a auretv bond. reasonably satisfeowry W lender. to protect Lende,'s intereat. Duty to Protect, Grentor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts. in addition to thoee acts SQt forth above in this section. which from the character and uee of the Proper1V are re8ll0nably nec88sary to protect and preserve the Property. CONSTRUCTION LOAN. If some or iln of the ptoceeds of the loan creating the Indebtedness are to be used to construct or oomplete construction of any Improvements on the Property, the Improvemsnt& shall be completed no later than the maturity date of the Note (or such earlier date as Landar may reasonably establish) and Grantor shall pey in full iln C08t. ønd expenses in connection with the work. Lender will dIsburse loan proceeds under such terms and conditions as Lender may deem reasonably neoessary to insure that the interest ore.ted by thi, Mot'tgage shall have priority ovet all pos8ible liens, Including those of material suppliers and workmen. Lender may require. emong other things. that disbursement request' be supported bV reoeipted bill., expBn8e affidavits, waivers of liena. construction progress reports. and such other documentation as Lender may reasonablv request. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's oll1ion, declare immediately due and payable all sums secured by thie Mortgege upon the sele or transfer. without Lendsr's priot written consent, of all or any part of the Real Property. or any interest In the Real Property. A "sale or transfer" means the oonveYance of Reill Property or any right. title or intetest in the Real Property; whether legal. beneficial or equitable: whether voluntary or involuntary; whether by outright "Ie. deed. instanmant sille contract, land contrilot. oontrilot for d,ed, leasehold intereat wIth a term graater than three (3) years. lease-option contract. or by sale. assignment, or trans'er of any beneficial interest in or to any hind ttust holding title to the Rsal Property. Or by any other method of conveyance 0' an interast in the Real Property. If any Grantor is a corporation. partnership or limited liability compeny. tranefer ,Iso inolude& any change in ownership of mare than twenty-five petcent 125CK. of the voting stock. partnership interests or limited liability oompsny intereste. 118 the oaee may bs. of auch Grantor. However. this OPtion "hBII not be exercised by lender it such exercise! is prohibited by federal law or by Wyoming law. TAXES A~D LIENS. The following provlaions relating to the taxell and liens on the Property are part of this Mortgage: Payment. Grantor shall PiilY when due (ilnd in all eve~ prior to delinquency) .. taxea, payroll taxes, IIpeoial ta)(e8, aU8ssm8nt¡, watet oharges and sewer service charges levied against or on eceount of the Property. ,nd sh,1I PilY when due ,II olillme for work done on or for services rend8tad or material furnished to the Property. Grantor shall maintain the Property free of aný liens having priority over or equal to the interest of lender under thia Mortgage. except for those liens specifically egreed to in writing by lender. and except for the lien of 18xes ilnd ..seasmente not due ,e further Ipecifiad in the Right to Contest paragraph. Right to Contest, Grantor may withhold payment of any tax. assessment. or claim In conn,ction with ;I 900d faith dispute over the obligation to pay. so long as Lender's interest in the Property is not jeopardized, If a lien arises or is filed 8S a resul1 of nonpayment, Grantor shall within fifteen 1151 days after the lien arlaes or. if a lien is filed. within fifteen 1151 days after Grantor has notice of the filing, aeoure the diechillrge of the lian. or if requastlld by Lender. deposit with lender callh or a sufficient corporata surety bond or other securit.,. setisflctory to Lønder in an amount suffioient to dischilrøe the lien plua any 008t& and anorneys' feB&, or othBr chargse that could accrue as a result of a foreclosure or sale under the lien. In Iny contest. Grantor shall defend itself ."d Lender and shell satisfy anv adverse Judgment betore enforcement against the Property. Grantor shall name Lender as an additional obligee under eny surety bond furnished in the contut proc.edings. Evldenoe of Payment. Grilntor shilll upon dem¡md furnish to lender utisfactory 8vid8ncs of pavmsnt of the ta>css Qr U8eSSment& and shall authorize the appropriate governmental official to deliver to Lende' at ¡my time a wrlttsn statsment of the taxes and BUBSaments against Loan No: 1101900213 OS29122 MORTGAGE (Continued) ~6S Page 3 tho Property. Notice of Conatrul:tloll. Grantor shall notify Lender at least lifteen 115) days before any work is commenced. any services iIIr. furnished. or iIIny materiillls are supplied to the Property. If any mechanio's lien. millterlalmsn's lien, Or other lien could be assarted on iIIceount of \he work, services. or mllterial3. Grantor will upon request of Lender furnish to Lender adv¡mcs assurances satisfactory to lender that Gramor can and will pay the cost of suoh Improvemllnta. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurenee. Grantor shall procure and maintain pOlicies of fire ineuranCe with standard extended coverage endoreemen1& on a replacement basis for the full insureble value cOlloring all Improvements on the Real Property in an amount sufficient to avoid applloatlon 01 any coinsurance clause. and with a stend"rd mortgagee clause in favor of lender. Gr¡mtor shell also procure and maintain comprehenaive general liability insurance in such coverage "mounts as Lender may request with lender being nllmed 118 additional insureds in such lillbility insurancl policies. Additionally. Grantor shall maintJin euch other insurance, including but not limited to hilZJrd, business interruption and boiler insurance a8 Lender may require. Policies shall be written by sllch insurance companies and in such form JS may be reasonably acceptable to Lender. Grllntor shall deliver to Lender cerlifioates of ooverilge from each insurer containing a stipulation that ccvorag. will not be cancelled or diminished without a mi",imum of thirty (301 days' prior wrlnen notioe to Lender and not containing any disclaimer of tho insur.r's liability for failure to give such notice. Eaoh i",surence policy also shall Include IIn endorsement providing that coverage in fevor of Lendor will not be impaired in any way by Jny Jct, omiuion Or dafault of Grantor or any other person. Should tho Real Property be loceted in en area designated by the Direotor 01 the Federal Emergency Management Agency as a special flood huard aree. Grantor agrees to obtain Ind milintain Federal Flood Insurance. if available. for the full unp¡¡id principal balance of the loan and any prior liens On the property securing the loan. up to the milximum policy limits sat under the Nmional Flood (nsurlmcs Program. or as otherwise required by Lsnder, and to maintain such insurance for the term 01 ths loan. Application of Proceeds. GrJntor shall promptly notify lender of any loss or demillgs to Ihe Property. Lender may make proof of lose if Grantor fails to do so within fifteen 1151 deYII of the casualty. Whether or not Lender's security ill impalrod, lendor may, at Lender's elsction. reoeive a",d retain 'he proceeds of any In,ur¡¡nce IInd apply the proceeds to the reduction of the Indebted neall, payment of any lien affecting the Property. or the restoration and repair of 'he Property. If Lendsr slects to apply the prooeeds to restoration and repair, Grantor shall repair or replace ths dllmag8d or destroyed Improvements in a manner !etief~ctory to Lender. lender shall. upon satisfactory pro01 of such expenditure. payor reimbur8e Grentor 1rom the proceeds for the reasonable cost of repClir or restoration if Grantor is not in default under thi¡ Mortgage. Any proceeds which heve not bun disbursed within 180 dsys alter their receipt and which lender hu not committed to tho ropair or restoration of the Property shell be u,ed first to pay any amount owing to Lender under thie Mortgage. then to P¡¡y aocrued Interest. and the remainder, if any. shall be applied to the principal balance of the Indebtedness. If lender holds any proceed. after payment III full of the Indebtedness. such proceeds shall be paid to Grantor Cle Grantor'& interes1:& may applÞlr. Grantor's R.pon on Insurance. Upon rlQue.t of Lender, however not more than once a year. Grentor .h,,1I furniah to lander a report on each eJlilliting polley of insurance showing: (1) the n"me of the insureri (2) the risks insured; 131 the amount of the POlioy; (4) the propsrtv insured. the then current replacement value of such propeny. and the manner of determining that value; and (5) the expiration date of the polioy. Grantor shall. upon roquellt of Lender, have an independent IIPpr"iser setiafaotory to Lendor determi",e the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commlnoed that would materially affect lender's interest in the Property or If Grantor fells to comply with any provision of this Mortgage or any Related Documents. including but not limited to Grantor's failure to discharge or pay when due eny amounts Grentor ie required to discharge or pay under this Mortgage or any Related Doouments, Lender on Grantor's behalf may (but shall not be obligated to) take allY Jction thet Lander dIems appropriate. including but not limited to discharging or paying JII t"xee. liene. security intarests, encumbrances and other claims. at Jny time IlIIvisd or placed on the Property and paying all costs for insuring. maintaining end pr8serving the Property, All such expenditures inourred or paid by I.ender for 8uch purposes will then baar Interest at the rate charged under the Note 1rom the date incurred or paid by Lender to the date of repayment by Grantor. All such expenees will become a part of the Indebtedness and, at Lender'8 option, will IAI be payable on demand; (81 be added to the balance of the Note and be apportioned among end be pavable with any installment payments to become due dllrlng sithsr (11 the term of any applicable insuranoe policy; or IZ) the remaining 'erm of the Note; or ICI be treated as a balloon payment which will be dua imd p,yebls at the Note's maturity. The Mortgage also will secure payment of Ihe8e amounts. Such right shall be in addition to all other rights and remedies to which Lenl;!er m"y be sntitlsd upon Default. WARRANTV: DEFENSE OF TiTlE. The following provisions relating to ownership of the Property are a part of tt:lis lIIIortgage: Title. Grantor warrants that: lal Grantor holds good and mllrk8table title of record to the Property in fee simple. tree and clear 01 all liens and encumbrances other than those set forth in the Real Property description or in eny title insurance policy. title report. or final title opinion isaued in 1avor of. and accepted by. lender In connection with this Mortgage. and (b) Grentor hae the fun right, power. and aulhority to e)(ecuta lint! deliver thie lIIIol1gage to Lender. Defense of Title. Subject to the eJCceptlol1 in the paragrilph above. Granlor warfa"'ts and will forever defend the title to the Property agains' the lawful claims of all persons. In the event any aotion or proceeding ie commenced that questions Grantor's title Of the interest of Lender undor Ihia Mortgage. Grantor shall defend the action at Grantor's expense. Grantor m;iy be tha nominBI pBrty in such pI'Dce8ding, but Lender shall be antitled to participata in thQ proceeding and to be represented in 'he prooeeding by oounsel of Lender's own ohoiae. and Grantor will deliver, or cause to be I;!alivered, to Lender such instruments a8 Lender may request from 'ime to time to permit such participation. Compllanca With Law.. GrantOr warrants that the Property and Grantor's use of the Property oomplies with all e)(lstlng appllceble laws. ordinances. and regulations of governmentJl authorit!ss. Survival of Representations and Warranties, All represent¡¡tiona. warrantiea, and agr89monUi made by Grantor in this Mortgage ahall survive the execution and delivery of this Mortgage. shall be contilluing in nature. and 8hall rem,in in full force "nd effect unlil 8uch lime aa Borrowe,'s Indebtedness shall be paid in full. CONDEMNATION. The following provleion¡ rslating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condamnlltion is filed, Gr,ntor Ih811 promptly notify Lendor in writing, and Grantor shall promptly take such stops as may be necessary to defend the a01ion and obtain the award. Grantor may be ths nominal party in luch proceedIng. but Lender shall be entitled to participate In the proceeding Ind to be represented in the proceeding by ooun8s1 01 ita own choics. and Grantor will deliVer or caU8e to be deliveted to Lender luch Instruments and documemation as may be requested by Lender rrom time to time to permit such participation. · r- Loan No: 1101900213,;\ )~291.2~ MORTGAGE (Continued) 000106 Page 4 Appliaetion of Net Proceeds. If all or any part 01 the Property is condemned by eminent domain proceedings or by alW proceeding or purchase in lieu of condemnation. Lander may at its election require that 1111 or ,ny portiOn of the net procðeds of the award be applied to the Indebtedne" or the repair or rtamration of the Property. The net proceede of the ,ward ahall mean tho award after payment of all reasonable costs, expenses. and attorneys' fles incurred by lender in connection with the condemniltion. IMPOSITION OF TAXES, FEES AND CHARGES BY GO\fERNMEIIIYAL AUTHORITI!S. The following provisions rel"ting to governmental taxes, feee and charge, are a part of this Mortgaga: Current Tlxes. Fees and Chlrge.. Upon request by Lender, Grantor shall execute ,uah documente in addition to this MOltgage and take whate,¡er other action is requested bv Lender to perfect and continue lender's lien on the Real Property. Gr"ntor ehall rBimburse Lander for .11 taXIIS. as describtd btlow. together with all expenses incurred in recording, perfecting or continuing this Mortgage. Including withOU1 limitation .11 taxes. felt. documentary stamps. and other charges for recording or registBring this Mortgage. Taxes. The following shall constitute ti!lxas to which this section app/jes: (1) a specific t.x upon thia type 01 Mortgage or upon all or any part of the Indebtedness secured by this Mortgege; (2) a specific tall on 80rrower which BOfrower is authorized or raquired 10 deduct from payménts on the Indebtedness seoured by this type of Mort9llgll; 13) a ta)! on this type of Mortgage ohargeable ,gainst the Lender or the hold(lr of thll NOle; and (4) a specific tax on all or any ponlon of ths IndBbtedness or on payments of principal and interest made by Borrower. Subs.qu.nt Taxes. If any tax to which this lisction applits IS enacted subsequent to the date of this Mortgilge, thie event shall have the aame effect as an Event of Default. and Lender mav exercise any or 11111 of Its available remedies for an Event of Default lIS provided below unles, Orilntor BithBr 11) pays the tax before it becomes delinquent. or (2) conte8lS the tax as provided above in the Taxes and Liene section snd deposita wilh Lender cuh Or a sufficient corporate surety bond or other security !IiItiafactory to Londer. SECURITY AGRE&MENT; FINANCING STATEMENTS. The following pro,¡isions relating to this Mongilge B5 a eecuritY ilgrBBment are a part of this Mortgage; Securi1v Agr..mant. this instrument shall constitute a Security Agreement to tha extent any of the Property constitutes fixtures. and Lender shall have all of the rights of IIlIIIcured party under the Uniform Commercial Code 018 ilmendBd from time to time. Security Interest. Upon requeat by I.ender, GrilntDr shall take whatever action is requested by Lender to perfact ilnd coniinue Lender's security intereat in the Rents and Personal Property. In addítlon to recording this Mortgsge in the real property records. Lender m,y. at any timB and wi,hout further authorization Irom Grantor. file executed CO\lnterparts, copies Of reproductions of this Mortgage as a fil1ðnaing stetemern. Grijlntor shall reimburse Lender for all expenses Incurred in perfecting or conlinuing thia security interest. Upon default. Grantor shall not remove, sever or det.ch the Poraonal Property from the Property. Upon default. Grantor shall assemble al"lY PàI'sonaJ Property not affjxed to the Property In a menner ilnd at a place reasonablv convenient to Grantor and Lender and make it ijlvailable to Lend,r within three (3) days after receipt of written demand from Lender to tha elltBnt permItted by applicable law. Addr.sses. The mijliling .ddre..t. of Grantor (debtor) and lender Isecured pilny) from whioh information concerning the aecurity interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Codel are as stijlted on the fir" page of this Mortgage, FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following proviSions relijltlng to further assurances and attornev-in-fact are a part of this Mortgijlge: Further Assurances. At snv time. "nd from timB to time. upon rtque8t of lender, Grantor will meke. execute and deliver. or will cause to be made, executed or delivered, to Lender or to Lender's designsa, and whtn reque.ted by Lender. cause to be filed. recorded, refiled. or rerecorded, as the case may" be, at such times and in such officel and places as Lender m"v deem IIPproprilte. any and IN 8uch mortgage., deeds of tr\lst. SBouritv d8Bds. security" agreements. linancing statements. cominuation statements. instrumente 01 funher ""\lran08. cenificates, and other dOC\lmente il8 mall. in Ihs eol8 opinion of Lendér, be necessary or desirable in order to effeotuate, complete. perfect. continue, or preserve 11 Borrower's and Grantor's obligationa undBr thB Nott. this MOrtgage, and the Relattd Documents. and 121 the liens and security interests created by this Mortgage IS first and prior liens on the Propartv. whather now ownld or hBre.fter Icquirtd by arantor. Unless prohibited by law or Lender agrees to tha contrary in writing. Grsntor shall reimburse Lender for ell cosU and expensee incurred in connection with the matter. referred to in this paragraph. Atlorney-ln-Fact. If Grantor fails to do any of the thlnge raferrae! to In the preoedlng paragraph, Ltnder may do so for al"ld in the name of Grantor and at Grantor's expense. For, such purposes. Grantor hereby irrevocably ilPpolnts Lendar n Grijlntor'a attorney-In. fact for the purpose of making. executing, delivering. 'lIing, recording. and doing all other things as may be necessary or desirable, in Lender's sole opinion. to accomplish ,l'Ie matttrs refefrod to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Glllntor pay all the Indebtednese when due, ,nd Grantor olhllrwiae pBrforms all thB obllgalions imposed upon Grantor under this Mortgage, Lender shall execute end deliver to Grantor a suitable satisfaction of thi, Mortgage and suitable etatamente of ttrmlnatìon of any financing atatement on file evidencing Lender's security interest in the Rents and the Personal Propeny. Grantor will pay. if permitted by ilPpllçabl1l law. ..11\1 rBasonablB termination fBe at; determined by lendsr from time to time. EVENTS OF DEFAULT. Each of the following, et Lender'e option. Shijlll constitutB an Event of Default under this Mortgago: Payment Default. Borrower falls to make anv payment when due under the Indebtedness, Defllult on Other PaymBnta. Failure of Grantor within the time required by this Mortgage to meke any payment for texes or Insurance, or anv other p,ymern neCBBsarv to prewnt filing of or to effect discharge of any lien. Other D.faults. Borrower or Grantor fails to comply with or to perlorm anv other term, obllgetion, covenant or condition contijlined in thie Mortgagl Or in any of the Related Documents or to comply with or to perform any term. obligation. covenant or condition contained in any other ilgr88me", bellNBen Lender and BOrrower or arantor. False S!ltements. Any warr.nw. representijltlon or Blijllement madll or furniahed to Lander by Borrower or Grantor Or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents Is false or mlsllliildlng in ilnV mõlt,rlOlI respe~, either now or at the time madll or furnished or becomes false or misleading at any time thereefter. Defeolive ColletBr.lization. Yhla Mortgage Or any of the Related Documents ceases to be in lull force and effect !Including failure of any collateral document to create a valid and perfected "curlW intersst or liBnl at ;lny time ;lnd for ;lny ré8S0n. Daa1h or Insolvancy. The dissolution of Grantor's (regardless of whether _'eclion to conlinUB 1& madel. any membBr withdraws from Ihe · ....._..., .......... . oJ......... Loan No: 1101900213 l),j' <{:. ,,> a1'?? 'U~ÑV ""wI/ MORTGAGE (Continued) 0001.07' Page 5 '" limited Ji,bility company, Or any other termination of Borrower's or Grimtor's existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment of a receiver for any pørt 01 Borrower's or Grantor's property. any assignment for the benefit of oreditol8. any type of c;reditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Credhor Dr Forfeltur. Proce.dlngs. Commencement of foreclo&ute or forfeiture proceedings, whether by jUdiciill proceeding. 881f-help. repossession or any other method. by any creditor of Borrower or Grantor or by any governmental agency against any property seouring the Indebtednese. This inolud8& a garnishment of any of Borrower's or Grantor'a acoounts, including deposit accounts. with lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor IU to the validity or raasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender wriUen notice of the creditor or forfeiture proceeding and deposits with Lender monies or a eurew bond for the creditor or forfeiture proceeding. in an emount determined by Lender. in its sole diacretion. as being an adequate reserve or bond for the di,pute. Breach of Other Agreement. Any breaoh by Borrower or Grantor under the terme of any other agreemant batwcen Borrower or Grantor and Lender that is not remedied within any grace pariod provided therein. Including without IImit.llon any agreemant concerning any Indabtedn811e or other obligation of Borrower or Grantor to Lender, w"ather existing now or later. Events Affecting GU8r8ntor. Any of the preceding events ocours with rellpect to any guarantor, endorser, surety. or accommodation pany of any of the Indebtedneaa or any guarantor. endorser. surety, or accommodMion party dies or becomes incompetent. or revokes or disputes the vaHdity of. or lillbility under, any Guaranty of the Indebtedness. In the event of . death. Lenditr, at its option. may. but shall not be raquired to, pllrmit the guarantor's estate to _sume unconditionally the obligations arising under the gUilranty in a manner satlsfllctory to Lender, and. in doing so. cure any Event of Default. Adverse Change. A mete rial edverøe ohange occurs In Grantor's financial condItion, or lender believes the prospect of payment or perforrnancit of tho Indebtedness is impaired. 'nnçurlty. Lendar in good faith believes itself Insecure. Right to Cure. If any default. other than a default In payment Is curable and If Grantor hae not been givan a notice of a breach of the seme provision of this MOrlgage witl1in the preceding twalve (12) months. it may be cured if Grantor. .lter receiving written notice from Lender demanding cure of such default: 11 1 cures the default within fifteen 1161 days; or 121 If the cure reQulresmor, than fifteen 1161 days. immediately initiatell steps which lender deems in Lender', eole discretion to be eufficlant to cure the default and therealter oontinue8 and oomplete, all reasonable and necessary steps sufficient to produce complianoe as soon .as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and ,t any time therealter. lendar, IJt lender's option. may exercise anyone or more of the following r'gln. and femedles, in addition to any other rights or remedies provided by law: Accelerete Ind.btedJl.... Lend8r shall have the right at ita OPtion without notice to Grantor to declare the entire Indebt8dn,s8 immediately due end pay.ble, Inoluding any prepayment penalty which Grantor would be reqUired to pay. UCC Remedies. With respect to /1111 or any part of the Personal Property. lender shall have all the right' ilOd remedie. of a lIecured party under the Uniform Commercial Code. Collect R,nta. Lender shall have the right. without notice to Borrower or Grimtor, to take possession of the Property. Including during the pendenoy of forecloeure. whether Judicial or non-judicial, and collect the Rents, Including amount. past due and unpaid, IInd apply the nat proceeds, over and ilbove lender's oasIs. against the Indebtedness. In furtherance of this right. l.ender may require eRY ten/llnt or othar user of the Property to make peymentlil of rent Dr uSe fees directly to lender. If the Rents are collected by Lender. then Grantor Irrevocably designates Lender as Grantor's attorney-in-faot to endorse inatrument. recaived in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other user, to Lendar in response to lender's demand shall satisfy the obligations for 'Which the paymenU are made. whether or not any proper grounds for the demand eKisted. Lender may ex.rciae ~a rights under this eubparegrøph either in pereon, by agent, Or through a receiver. Appoint Receiver. Lender shell have the right to have" receiver appointBd to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or 8ale. and to collect the Rente from thit Proper1Y and applv the proceeds. OVllr and above the cost of the receivership. against the Indebtedness. The receiver may serve without bond if permitted by Jew. L.ender·, right tl;l the appointment of a receiver shall axiet whether or not th. apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender ahall not disqualify a perSon from lIerving as a receiver. Judicial Foraclaaur.. Lender may obtain e Judicial decr.e forecJosing Grantor's interest in ell or any part of the Property. NonudlGllIl S81e. L.nder may torecl08e Grantor's interest in all or in any part of the Property by non-judioial sale. and specifically by ·power of sale" or "advertisement end sale" 1oreolo,ure a~ provided by statute. DeficIency Judgment. If permitted by applicable law. Lender may obtain a judgment for any defioienoy remaining in the Indebtedne,s due to lender after iIIppllcotion of all iIImounts roceived from the exercise of the rights provided in this section. Tenancy lit Suffe"nce. If Gr~ntor remainø in possession of 1he Property alter the Property is sold as provided above or Lander otherwise becomes entitled to poesession of the Property upon default of Gr/llntor. Grantor .hall become a tA¡nant at ~u(ferilnce of Lender or the purchaser of the Property and shall, It lender's option. either 111 peya reesoneble rental for the use of the Property, or (2) vec8te the PrOperty immediately upon the demand of Lender. Other Remedl... I.ender ,h.1I hilve all other rightB and remediell providad in this Mongagê or the Note or available at law Dr in aquity'. SlIle of the Property. To the extent permitted by applioable l/IIw, Borrower and Qriln10r hereby waive any and illI rigln to hllVe the Propeny marshalled. In exercising its rights and remedies. Lender shall be free to eell ell or any pert of ttle Property togettler or separately. in one sale or by 8aparate sales. Lender shall ba entitled to bid 8t any public sale on all or any portion of the Property. Notice of S./e. Lender shall give Grantor re~.onable notioe of the 1ime and place of any publio sale of the Personal Proparty Or of tha time after which any private sale or other Intended dieposition of the Personal PropertY ie to be made. Reaeonable notice shall mean notice given at laast ton 11 01 days before the time of the sale or disposition. Any sale of the Personal Property may be made in oonjunotion with any sale o11"e Raal Property, ElectIon of Remedies. election by Lender to pursue any remedy shllll not e)(clude pursuit of any other remedy. and an election to make expenditures or to take action 10 perform an obligation of Grantor undar thill Mortgage. after Grantor's failure to perform. ,"all not affect QS29122 Loan No: 1101900213 MORTGAGE (Continued) 000108' Page 6 Lender's right to declafa a default and exercise it~ remèdias. Nothing under thia Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default. or in èny way to limit or reatrict the rightal and ability 01 Ulndef to proceed directly e9i1inst Orantor and/or Borrower and/or aoalnst any other co-makèr. (¡uarantor. surety or endoraer and/of to proceed against any other collateral directly' Or indirectly securing the Indebtl!dness. Anorneys' Fe..: Expense.. It Lender institutes any lIuit or action to enforce any of the terms of this Mortgage. lander shall be entitled to recover suoh sum aathe court may adjudge reasonilble aa attorneys' lees at trlill and upon any appeal. Whether or not any court action is involved. and to the extent not prohibited by law. ell reasonable expenses Lender incurs that in lender's opinion are nec..sary at any time lor the protection of its Interest or ths snforcement of Its rlghte ,h¡¡1I become a part of the Indebtedne,¡s pllyable on demand and shall bear interest at the Note rate from the d¡¡te of the expandlture until repðld. Expenses covered by this paragraph Include. without limitation. however subject to .ny IImitt under applicable law, Lender's attorneys' fees and lender's legal expenses whether Or not there is a lawsuit, including attorneys' fees ;lnd expenses for bankruptcy proceedings lincludlng efforts to modify Or vacate any autom,ltio stay or injunotlon), appeals, and any anticipated post-judgment collection services, the cost of searching records. obtaining title reports (inoluding foreclosure report'). surveyOrs' reports. and appraisal fees and title Insurence. to the extent permitted by applicable law. Grantor also will pay eny court costs. in addition to all other sums prO\lided by'law. NOTICES. Any notice required to be givan under this Mortgage. including without limitlltiDn eny notice of default and any nDtice of sale shall be given In writing. and shall be effective when actually delivered. when actually received by telefaosimile lunless otherwise required by law). when deposited with a natlonaAy recognized overnight coufler. or. if mailed. when deposited in the United States mail. as first claes, oertlfled or (Clgistered mall postilg. prepaid. directed to the addreases shown near the beginning of this Mortgage. All oopiu of notices of forecloaure from the holdar of any lien which has priority over this Mor\9(11ge shall be sent to Lender', addrèll8. aa shown near the beginning of this Mortgage. Any party' may change its address for notices under thi" Mortgage by giving formal written notice to the other partiee. specifyiflg that the purpose Df the notlcCl is to change the party's address. For notice purposes. Grantor agrees to keep Lendar informed at ell times of Gfantor's current eddress. Unless otherwise provided or required by law, il there ie more than one Grantor, any notice given bV Lender to any Grilntor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Mortgage: Amendments. This Mortgage. togethef with any Related Documenbl. constitutes the entire understandiflg and agreement of the partiea as to the matters SQt forth in this Mortgage. No alteration of or amendment to this Mortgage &hall be effective unless given in writing and signed by the party or parties sought to be ch;lrged or bound by the alter;ltlon Or amendment. Annual Reports. If the Property la used for purposee other than Grantor's residence, Orf/fltor shall furnish to Lender, upon request, a certified statement of net oper;lting income received from the Property during Grantor's ørevious fiscal year in such form and detail as Lender aha II require. "Net operatin9 Income" shall mean all cash receipts from the Property less all c;l8h expanditures made in connection with the ope"tion of the Property. Cap1l0n Headings. Caption headings in this Mortgage øre for convenience purposes only and ate not to be used to interpret or define the provlslona of this Mortgage. Governing lew, With respect to procedural mBtt'e" related to the perfectlDn and enforcement of Lender's rights against the Property. this Mortgege will be gOV8rned by federal law applicable to lender and to the extent no1 preempted by federal law. the 'ilWI of the State of Wyoming. In all other respBDts. this Mortgage will be gonrned by federal law appllcilble to lender and, to the extent not preampted by federal law. the leWl of the StBte of Utah without reglrd to 11a conflicts of law provisions. However. if there ever Is a que.tlon about whøth.r Iny provision of this MOr1g.ge ia valid or enforceable, the provi,lon that Is question ad will be govarned by whichever Itate or feder.llaw wDuld find the provision to be v.lid end enforceable. The loen tranaaction that Is evidenced by the Note and thi, MDrtgage hll been .ppHed for, conaidered, approved and mad.. ,nd .11 neeenlry lOin documem. have been accepted by Lender In the Stllte of Utah. Joint and Severa' Liability. All obli(¡ations 01 Borrower and Grantor under this Mortgage shall be joint and ee\leral, and all referenoes to Grantor shall mean each and every Grantor, and all relerences to Borrower shall mean each end every Borrower. This means that each Grentor signing below is responsible for all obligations in this Mortgage. Where anyone or more of the parties is a corporation. partnership. limited liability company Or similar entity, it is not nece"ary 10r Lender to inquire into the powera of any of the olflcers, directors. pertnera, members, or other agents øcting or purporting to act on the entitY's behalf. and any obligations made or created in r/lliance upon the pfofeased exercise of such powers shall be guaranteed under this Mortgage. No Waiver by lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and si9ned by lender. No delay or omission on the part of lender in exercising any right shall operata as a waiver of such right or any other right. A w¡¡iver by Lènder of a provision of this Mortgage shall not prejudice or constitute a waiver of lender's fight otherwise to demand strict compliance with that pro\li,¡lon or any other provision of thle Mortgage. No prior waiver by Lender. nor any OOl,lr.. of deafing between Lender and Grantor. ehilll constitute a waiver of any 01 Lender's rights or of any of Grantor's obligations as to ¡my lutufe tranlactlons. Whenever the consent 01 Lendsr ia required under this Mortgage. the granting of such consent by Lender in any inatence ahall nDt constitute continuing consent to subsequent in&'tances where such consent Is reqUired and In all cases such consent may be granted or withheld in the sole discretion 01 Lender. Severabllltv, If a court of competent jvriedlotion finds any provision of this Mortgage to be 1118gal. invalid. or unenforceable as to any circumstance, that finding shall not make the offending provision illegal. invalid. or unenlorceable aa to IIny othef circumstance. If feasible. the offending provision shell be considered modified so that it becomes 189al. \lalid and enforceable. If the offending provision cannot be ao modi lied, It shall be considered deleted from this Mortgage. Unless otherwise required by law. the illegality', invalidity, or unenlorOIl'bility Df any proviaion of this Mortgage shall not affect the legality. validity or enforceabHity of øny other provision of thia Mortgage. Merger. There shall be no merger 01 the interest or estate created by this Mortgage with any other Interest or estat. In the Property at any time held bV or for the benèfit of L/lnder in any capecity. without the wfitten consent of Lender. SuCCeslOrs and ASligns. Subject to any limilations stated in this Mortgage on transfer of Grantor'a interest, this Mortgage shall be binding upon and inure to the benefit 01 the parties. their successors and assigns. If ownership of the Property becomes vlsted in a person other thiln Grantor, lender. without notice to Grantor, may deal with Grantor's successors with reference to thia Mortgage end the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time is Df tha essenca in the performanoe of this Mortgage. Waiver of HDmestead Exemption. Grentor hereby releases and waives all rights and benefit, of ths homè8tead exemption laws of the State _ ___ _ ______ _ ___ ____u_ --- --- .--- ----,--- - --- .IÌI<l·' ")I~n'19"'~ loan No: 1101900213 U~~.;::] l'.IiGø MORTGAGE (Continued) 000109 Page 7 of Wyoming aB to alllndebtedne&& secured by this Mortgage, DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stal8.d to th8. contrary. all references to dolt¡;1r amounlS shall Mean amounU in lawful money of Ihe Unilèd States of America. Words èlnd l!1rmS vsed in the singular shall include the plural. and the pJvra' shall includ. the singular, as the context may require. Words and terms not otherwise defined in thilJ Mortgags shall have the meanings attributed to such terms in the Uniform Commercièll Code: Borrower. The word "Borrower" means Jerrv E. Dunn and Cvrtis A. H"II and inoludes all co-signers and co-makers eigning the Note and all their successors and assigns. O.filult. The word "Default" means the Default s8110rth in this Mortgage in the seotlon titled "Deiault". Environmental Law.. The words "Environmental Laws" mean any and all state. federal and local statlltes. reguhnioml and ordinances relating to the protection of humèln health or the environment. inoluding without limitation the Comprehensive Environmental ReSp0n88. Compensation. and Liability Act of 1980. èlS amended. 42 U.S.C. Section 9601. et seq. I"CERCLA "I. the Superfund Amendments end RS'\.Ithoriz;nlon Act of 1986. "ub. L. No. 9g·499 ("SARA"'. the Hazardous Materials Transportation Act. 49 U.S.C. Section 1801. et seq.. the Resouroe Conaervation and Recovery Act, 42 U.S,C. Section 6901, et seq., or other applicèlble stete or fedEtral laws. rules, or regulations adopted pursuanl therato. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default 1180tlon of this Mortgage. Grllntor. The word "Grantor" means DBH. LLC. Guaranty. The word "GullrilnW" mEt&ns tha guaranty from gUèlrantor, ,ndorssr. surety. or accommodation partY to Lendsr. including without limitation a guarantY of 1111 or part of the Note. HaõJllrdollliõ Sub¡¡tenc.li. The words "Hazardous Substòlno.... meln materials that. because of their QVantity. concentration or physical. chemical or infectiolla char,cterlsticlI. may cause or pose a present or potential hazard to human health or the emfironrYIent when improperly used. treated. stored, dlllposed of, generated. manufactured. tran&porbld or otherwise handled. The words "Hazardous Substances" are used in their very brOèldeet 8enSe and include withoul limitation eny èlnd ,II hazardous or toxic substances. m8terièlls or wa810 all defined by or listed under the Environment;ll Laws. The term "Hazardous Substanoes" iJlao includos. without limitation. petroleum Bnd petrolevm by-producta or any fraction thereof ilnd IIsbe,wa. Improvementl. The word "Improvements" means all existing end futllre improvements. buildings. structures. mobile homes affixed on the Real Property. facilities. ildditiona, rsplacEtmonts and other construction on the Real Property. Indebt.dn.... The word "Indebtedness" meèlns PromisEtory notel 11 01 900213 dated July 1 1, 2006. Lender. The word "lendor" Means Continent/ll Bank. its SU008S&Orll and allslgns. Mongage. The word "Mortgage" meanll this Mortgage between Grantor èmd lender. Note. The word "Note" means Promi8llory notEtI 1101900213 dated July 11, :lOoa. in tha original principal amount of S600.000.00 from Borrower to Lender. together with all renewals of, change In tarms of. extensions of. modifications of. refinancinga of. oonsolidations of. and aubatitutiona for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personll Property. The worde "Parsonal "roparty" mean all equipment. fixtures, ¡lnd oth8r articlos of personal property now or hereafter owned by Grantor. and now or hereafter ¡ntèlohed or affixed to the Real Property; together with all èlooeseions. parts, and additions to. all replacements of, and all substitutions for. any of such property; and together with all proceeds (including without IImitstion èllI in&uranCEt proceeds èlnd refunds of premiums) from any sale or other disposition of the Property. Property. The word ·Property· means collectively the Real Property and the Personal PropertY. R.al Propany, The words "Real Property· mean the r'ëll property, interests and rights, as further described in this Mortgèlge. !'talated Ducumanu. The words "Related Documents" mean all promissory nOIEt&. cradit agreements, loan agreements. environmentel agreements. gUëlrèlntie., security agreémèntS. mOrlgages. deeds of trust. seourity deedlJ, collalaral mortgages. and all other instruments. agreements and documents. whether now or hereafter existing. executed in connection with the Indebtednne. Rents, The word "Rents" means all present and future rents, revanu... income. issues, royalties. profits. and other benefits derived from the Properly. GRAN'I'OR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: \ \\ \ \ III" II J" III ~\\ Q$:, S c:: t7! 1111. ~",\..J- ':. :-. :'. ~:-,6' 10 ~q~',," ..-:~~~ ~ ''t'" ""':. T /'j M ,"'.. ~:. ~ .. "¡,À.. I:..' ." ~ J't &.'. _ ~ ft: ,.. ~'::: § : ~ : ~ \ Þ (J E;,' \ v.J ;; ~ ".. gQr.. .. $ ~',n<. ,'C'" "/"v/:;,··-.". . ..-;.,,\\ -$' I'/I/lì{ Of \$r~\\~ Ilfl/¡i,,;,! I!lil\\\\ Loan No: 1101900213 Ü~Z91· Z":) MORTGAGE ,.,." (Continued) 000110 Page 8 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT $TATEOF~kL) e~/V\.ou'\ Q.A a ISS COUNTY ~~ ._._.r_..... ) On this ~ day of , 20 tl, before me, 1he undersigned Notarv Public. personelly appeared Jerrv Dllnn. Manager of DBH, LLC. IInd 10 me to be a member or designated agent of 1he limited liability company thaI executed Ihe Mortgage 8nd ëlcknowledged ttlll Mortga to be the (,ee ëlnd voluntarv act and deed of the limited liability company. by autholity ot statute. hs articles of organizëltion 01 Its operating agreement. for the uses and purposes therein mentioned. and on oath stated tha1 he or sh8 ia orized to e)(8 this fy10rtgage and In fact e)cscutsd tne Mortgage on behalf of the lim@.sd)jabilit'y company, ~ ...,..... W) l~ \/Iy çømmiuion expires ..... ..... Z ¡fj """.."0 LMllftt. Vw. 1.)3..CIOt a". H....... ,........ 'tlllllit".. uw,. '.". &001. M .....u "'...,.... . W¥'IU' tt\OH\U'\~.IC ,,..t) \\ \ \" II III II 1111 ~\\\"ö.,\ SSE G t':I'lll~ §-~, ~"""""'!~"';o~ ~ ~,." ','I' ~ .;: «,' ,.;;.. ð '. ;.;:. .;: :. f¡, \ !~ '1 ;-" ~ ª :' ~.¡~~ y,' \ % :: : = '\ ",¡''J€j<,d\\¡~I.''''· j ~ ,c~"" ,-<>?$' ~ u'), '"'' " . í>.' ~~ ~,,"47',;: I";:' 1\)' \~ '11,,- ,_" ' \\\ lillU111I i\l\\\