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Home My WebLink About944272 When Recorded Mail To: Central Mortgage Company 801 John Barrow Road, Suite 1 Little Rock, AR 72205 RECEIVED 12/22/2008 at 1 :01 PM RECEIVING # 944272 BOOK: 711 PAGE: 487 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Loan # 4001643057 MIN No.: 100091800002177872 MERS Phone: 1-888-679-6377 ûOô4817 LOST ASSIGNMENT OF MORTGAGE AFFIDAVIT AND INDEMNIFICATION AGREEMENT THIS LOST ASSIGNMENT OF MORTGAGE AFFIDAVIT AND INDEMNIFICATION AGREEMENT (this "Agreement") is made effective as of December 11, 2008 by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CENTRAL MORTGAGE COMPANY ("Indemnitor") to and for the benefit of Major Mortgage and its partners, directors, officers, agents, and employees referred to herein collectively as "Indemnitee" . WITNESSETH WHEREAS, Indemnitor is the owner and holds all of the right, title and interest in, to and under the Promissory Note (as hereinafter defined) pursuant to the terms of that certain Note; WHEREAS, an Assigmnent of Mortgage is used to memorialize the transfer of interest to Indemnitor, or to a predecessor in interest of Indemnitor, and is customarily caused to be recorded in the office of the County Recorder of the county wherein the subject property is located. WHEREAS, in this instance, the Assigmnent of the beneficial interest of the Mortgage (the "Assignment"), as herein defined, to the Indemnitor, or to a predecessor in interest ofIndemnitor was not recorded J in the office of the County Recorder of the county wherein the subject property is located. WHEREAS, Indemnitor does not have possession of the Assigmnent, nor does Indemnitor have knowledge regarding the whereabouts of the Assignment, and furthermore Indemnitor has used due diligence and its best efforts to locate the Assigmnent. NOW THEREFORE, Indemnitor represents, warrants and covenants as follows: 1. Indemnitor's Representations. (a.) That Elaine Rogers, executing this Agreement on behalf of Indemnitor, is the Vice President of Indemnitor and has the power and authority to enter into this Agreement and to execute same on behalf of Indemnitor; (b.) That as of the date hereof, Indemnitor is the sole owner of the loan evidenced by that certain Promissory Note dated May 15, 2002 in the original principal amount of $ 195, 000.00 (the "Note"), executed by: MARK NEWELL (the "Borrower") and payable to the order of Major Mortgage and duly endorsed to Indemnitor, the holder in due course, and secured by that certain Deed of Trust or Mortgage recorded on May 17, 2002 in Book 489 Page 708 in the official records of Lincoln County; Legal Desèription: ** See Attached Legal Description ** (c.) That the Assigmnent was duly executed and delivered by the Indemnitor's predecessor in interest but has been lost or misplaced, and Indemnitor has been unable to locate the Assignment despite diligent efforts to do so; (d.) That if the Assignment is located at any time hereafter Indemnitor shall immediately forward the Assigmnent to Indemnitee; (e.) That the Indemnitor warranties it has not assigned, pledged, sold, indorsed or in any way transferred or hypothecated the Note or any interest therein, and the Indemnitor retains full right, power and authority to sell, transfer and convey its interest in the Note. 2. Indemnity. Indemnitor shall indemnify, defend and hold harmless the Indemnitee from and against any and all liability, claims, demands, losses, damages or expenses, including, but not limited to, reasonable attorney's fees and cost, suffered by, incurred by or asserted against Indemnitee, or any of them, by reason of any claim by anyone that the representations and warranties set forth in Paragraph I hereof are false or inaccurate in any respect, or by reason of any claim that the Mortgage as set forth herein is unenforceable, insufficient, or Page 1 of3 00ú488 3. Indemnitee's Attorneys. In the event of any litigation brought against the Indemnitee which is covered by Paragraph 2 above, Indemnitor agrees that the Indemnitee shall have the right, in their sole discretion, to select and retain any attorneys to advise or defend them against said litigation, and Indemnitor shall pay the reasonable attorney's fees and cost, as provided in Paragraph 2 above. 4. Joint and Several Liability. The obligations ofIndemnitor hereunder shall be joint and several. 5. Attorney's Fees. In the event of any litigation between Indemnitor and Indemnitee arising out of the parties' respective rights and/or obligations under this Agreement, or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorney's fees and cost. 6. Construction. This Agreement, or any instrument to be drafted in the future, shall be construed without regard to any presumption or rule requiring construction against the party drafting said Agreement. 7. Successors and Assigns. This Agreement shall be binding on Indemnitor, their respective heirs, executors, administrators, successors and assigns, and shall inure to the benefit of Indemnitee and its respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, Indemnitor has executed this Agreement effective as of the day and year as set forth below. INDEMNITO ACKNOWLEDGMENT STATE OF ARKANSAS § COUNTY OF PULASKI § On this day, before the undersigned, a Notary Public duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Elaine Rogers to me personally well known, who stated that he/she is respectively the Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CENTRAL MORTGAGE COMPANY, and duly authorized in his/her respective capacity to execute the foregoing instrument for and in the name of said association, and further stated and acknowledged that he/she has so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 11 th day of December 2008. k Q ~ ~ Notary Public, State of Arkansas Nina Sue Pritchett, Notarv Public (Printed Name of Notary Public) Nina Sue Pritchett County or Pulaski Notal)' Public - Arkansas My Commission Exp. 08/07/2014 '. .......<-h~·.'~:"""A:~~ My Commission Expires: 08/07/2014 Page 2 of3 LEGAL DESCRIPTION OOô489 LOT 3 OF THE RA YCO RANCH ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Page 3 of3