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HomeMy WebLinkAbout947065Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 21 Waterway, Suite 600 The Woodlands, Texas 77360 Attn: Charles Calvin RECEIVED 5/11/2009 at 2:29 PM RECEIVING # 947065 BOOK: 722 PAGE: 673 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0000'73 ASSIGNMENT OF PROMISSORY NOTE AND DEED OF TRUST FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned (collectively, "Assignor") hereby assigns to WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender"), as security pursuant to the terms hereof and of any pledge or security agreement executed by Assignor in connection with or evidencing the assignment referenced herein, all right, title and interest of Assignor in and to that certain promissory note dated as of June 16, 2008, executed by Rocky Mountain Rogues, Inc. , and payable to Southwest Guaranty, Ltd., ("SWG"), or order, in the principal amount of Two Million One Hundred Thousand and No/100 Dollars ($2,100,000) (the "Note"), together with all right, title and interest of SWG in, to and under that certain Deed of Trust securing the Note, dated as of June 16, 2008, and executed by Rocky Mountain Rogues, Inc., as Mortgagor, to A. Kelly Williams, as Trustee, for the benefit of SWG, which Deed of Trust was filed for record on ~tuuE 1la , 2008, under Clerk's File No. AIA 6$ 1 of the Real Property Records of Lincoln County, Wyoming (the "Deed of Trust"). In addition to all other obligations, responsibilities and undertakings of SWG hereunder or under any above-described pledge or security agreement, SWG covenants to Lender that SWG will: 1. Provide to lender all evidence, including without limitation any policy of title insurance, required by lender to verify the representations of assignor as to the title to the property subject to the deed of trust; 2. Ensure, at the direction of lender, the maintenance of all reasonable and necessary : Insurance t0 r., t, ,..-.tetw..sttll., -j' Suu ,;.•l l.v tilt; .i L iilSt dpcl:ilJ~ by 1111.st loss iUSS by fire, _t prOp~:i"ibj' ~w u cl-cii J flood OI any other hazard of any nature; and Undertake all reasonable and necessary actions, including without limitation compliance with all requirements imposed by lender, to ensure that the interest of lender in the note and the deed of trust pursuant to this assignment is not impaired. R.. EXHIBIT "A" 1 LL 4/17/2008_4 -00674 IN WITNESS WHEREOF, the undersigned has caused this Assignment to be executed as of SOUTHWEST GUARANTY INVESTORS, LTD., a Texas limited partnership By: SGIM, Inc., a Texas corporation and its general partner By: Name: (~.aS Title:1 ; STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 200%, by A. Kelly Williams, President of SGIM, Inc., a Texas corporation and g neral partner of SOUTHWEST GUARANTY INVESTORS, LTD., a Texas limited partnership, on behalf of said corporation and partnership. TRICIA LITTELL MY COMMISSION EXPIRES -'a vk,_ June 22 2012 ti°3 Notary Public in and for the STATE OF TEXAS EXHIBIT "A" 2 LL 4/17/2008_4 Exhibit "A" 0OV675 Part of Lot 601 C of LAKEVIEW ESTATES INCORPORATED, TRACTS A-F, Lincoln County, Wyoming, on January 5, 1965, as Receiving No. 386448, as Plat No. 157, more particularly described as follows: Beginning at a point which is S29°05' W, 772.00 feet from the Northwest corner of SE 1 /4, Section 29, T37N, R118W of the 6th PM, Lincoln County, Wyoming and running thence S63°W, 205.00 feet; thence N27°W, 211.3 feet to right of way of U.S. Highway 89; thence Northeast along right of way U.S. Highway 89 around curve thereof to a point which is N27°W, 231.6 feet from beginning point; thence N27°E, 231.6 feet to the point of beginning