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Home My WebLink About939953 RECORDJNG REQUESTED BY AND WHEN RECORDED MAIL TO: RECEIVED 6/20/2008 at 11 :21 AM RECEIVING # 939953 BOOK: 698 PAGE: 17 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Wells Fargo Foothill, Inc. Attention: Loan Portfolio Manager 14241 Dallas Parkway, Suite 1300 Dallas, Texas 75254 ('>0001.7 Splee Above Lløe For RHorder'. Ute Oal)' COLLATERAL ASSIGNMENT OF MORTGAGE AND LOAN DOCUMENTS This COLLATERAL ~SIG~ OF MORTGAGE AND LOAN DOCUMENTS ("Assilll1IDent'? is made as of --J.W\Ù U'ili . 2008 by, SOUTHWEST GpARANTY PARTNERS, LLC, a Delaware limited liability company ("Assitplor"), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, 88 administrative agent for the lenders pursuant to the Loan and Security Agreement defined below (in such capacity, "Assimee"), as follows: 1. FOR VALUE RECBIVED, Assignor hereby endorses, negotiates, sells, assigns, conveys, . and transfers to Assignee, for the benefit of Assignee and Lenders (as defined in the Loan and Security Agreement) as collateral security for the performance of the Obligations (as defined in the Loan and Security Agreement) all of Assignor's right, title, and interest in and to that certain Mprtsage, Deed of Trust, Security Agreomen~ and Assignment of Leascs dated "JILne.. ta-r~ , 2008 executed by ROCKY MOUNTAIN ROGUES, INC., a Wyoming Corporation, recorded on JW'1e.., Jß-n.-. .2008 in the appropriate real property records of LINCOLN Comty, Wyoming, at Volume r loq, I, Page r (0/8 1 thereof (hereinafter called the "Mortiage"), descn'bÙlg certain real property thercÙl (the "Real PrODcrty") as: Part of Lot 610C of Lalœview Estates Incorporated, Tracts A-F, LINCOLN County, WyomIDg, 011 January 5, 1965, as Receiving No. 386448. as Plat No. 157, more partieularly described as foOows: Be¡inning at a point which is S19"OS'W, 772.00 feet from the Northwest comer of SEV.., Section 19, T37N, R118W of the 61JJ PM, LINCOLN County, Wyoming and running thence S63"W. 2.OS.00 feet; then m'r'w, 211.3 feet to right of way of U.s. IDghway 89. thence Northeut alODg rit:ht of wlY U.8. Bigbway 89 around curve thereof to a poløt whlcb II NZ7"W. 231.6 feet &om begfDDfng point; thence N2rE, 231.6 feet to the point of begiDlÚDg. TOGBTIIER, with the note or notcs and the other docwnentB, instruments, and agreements thereÙl described or referred to, the money due and to become due thereon with ÙltereSt, and all rights accrued or to accrue under said Mortgage and all related loan documents. 2. The provisions of this Assignment shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns. 3. This Assignment is being delivered pursuant to that certain Loan and Security Agreement, dated as of May 6, 20OS, among Assignor, Assignee, and each of the lenders from time to time partIy thereto. COLLATERAL ASSIGNMENT OF MORTGAGE AND LOAN DOCUMENTS - Page 1 û00018 4. If any provision of this' Assign.m¡.mt or the application thereof to any person or circwnstançc shall bo invalid or wenforceable to any extent under applicable law. the remainder of this Assignmont and the application of such provisions to other penons or circumstances shall not be affected thereby and sha11 be enforced to the greatest extent permitted by law. S. This Assignment shall be interpreted, construed and enforced according to the laws of the state in which the Real Property is located. 6. Neither this Assignment nor any provisions hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or tormination is sought IN WTINESS WHEREOF, Assignor bas executed this Assignment as of the date first set forth above. ASSIGNOR: SOUTHWEST GUARANTY PARTNERS, LLC a Delaware limited liability company ~ By' . N~:. c...c..1 Tide: ~ " ÁI.......-\- STATE OF TEXAS COUNTY OF HARRIS ~ 2 8 YUU QSler I Notary ~iC' personally appeared . personal1y known to me - OR - 1:1 ved to me on the basis of satisfactory evidence to be the n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that belshelthey executed the same in bislher/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the pcrson(s), or the entity upon which the pen;on(s) acted, executed the instrument 061108.025 ~\\\\\lIIIIIIII/f/f11 , ~~\\~ Q.. R 0 S I'¡I///~ #' <.'1:. ........ 1,(' ~ ;;> " .., '.'.:/\;ç, $~''''' ..¡ PUe ".:r- % f$ ¿.- ~ (/ 0. ~ ~4J:'''''''f"~0 ". ª g-,fO (I); § ::: . -¡:. ~. = ~ ~ ~: ~ §. '. <1'): ...<v: ~ '\ .... AlrE O~ ~~.......... I '% .... EXP\~" f"\."- ~ ~ .......... nv ~ ~~ 08 2Q-¡" #' 'I'¡¡'//l - ~\\\\~ ~lilil/II"III\I\\\I\\\\ Witness my hand and official seal. COLLATERAL ASSIGNMENT OF MORTGAGB AND LOAN DOCUMENTS - Page 2