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HomeMy WebLinkAbout955089Space Above This Line For Recording Data MORTGAGE (With Future Advance Clause) DATE AND PARTIES. The date of this Mortgage (Security Instrument) is June 25, 2010. The parties and their addresses are: MORTGAGOR: SB STAR VALLEY, LLC A Utah Limited Liability Company 985 QUEENS DRIVE AMERICAN FORK, UT 84003 LENDER: THE BANK OF STAR VALLEY Organized and existing under the laws of Wyoming 384 Washington P.O. Box 8007 Afton, WY 83110 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with the power of sale, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N 101111 01111 01101110 1 0 111011101111 8 1 1 III 0111 1 2 4 III 0111 0111 III1111 6 2 5 2 0 1 IIIII I 010111 Hill II II 01111 0111 RECEIVED 8/24/2010 at 11:04 AM RECEIVING 955089 BOOK: 752 PAGE: 509 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 509 The property is located in Lincoln County at TRACTS A, B, C, D, E, F, H I, LINCOLN COUNTY, Wyoming Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. Wolters Kluwer Financial Services ©1996, 2010 Bankers SystemsT'" Page 1 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed 150,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 131081, dated June 25, 2010, from Mortgagor to Lender, with a loan amount of $150,000.00. B. Future Advances. All future advances from Lender to Mortgagor under the Specific Debts executed by Mortgagor in favor of Lender after this Security Instrument. If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to Mortgagor either individually or with others who may not sign this Security Instrument. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 7. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12.C.F.R. 591), as applicable. 8. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS00000000000060104806221 ON Wolters Kluwer Financial Services ©1996, 2010 Bankers SystemsTM Page 2 1IIIIIIIIII IIIIHi llIIIII 8 I11II Ij111111111111 2 4 1111111 IIIIII11111 0 6 2 5 2 III 11111111III 11111 0 1 III1111I111 0 1 9. WARRANTIES AND REPRESENTATIONS. Mortgagor makes to Lender the following warranties y 511. and representations which will continue as long as this Security Instrument is in effect: A. Power. Mortgagor is duly organized, and validly existing and in good standing in all jurisdictions in which Mortgagor operates. Mortgagor has the power and authority to enter into this transaction and to carry on Mortgagor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Mortgagor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Mortgagor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Mortgagor is a party or to which Mortgagor is or any of Mortgagor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Mortgagor has not changed Mortgagor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve Mortgagor's existing name, trade names and franchises. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any Toss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co- signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N IIII 0111 10011 X0100 II1I11I1I11110111I11111Hill I1IIl 10 0011111 IM 11111 X111111 X1111 IIT11 1111 1111 Wolters Kluwer Financial Services ©1996, 2010 Bankers SystemsTM Page 3 D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Material Change. Without first notifying Lender, there is a material change in Mortgagor's business, including ownership, management, and financial conditions. N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Mortgagor's financial condition from the conditions set forth in Mortgagor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Lender will covenant that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N 11/11 1110 3 1 0 ill 1111 1/ 111 1 2 4 1110 3 0 6 2 5 I111111111111 0 1 0 11 Wolters Kluwer Financial Services ©1996, 2010 Bankers SystemsTM Page 4 513 Mortgagor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Mortgagor. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N IIII 111111111111111111,1111111111111111111 IV 0 1 0111 111VIIIVIII I II 0111 1II Wolters Kluwer Financial Services ©1996, 2010 Bankers Systemse" Page 5 iu including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing). Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. Mortgagor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 18. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO- SIGNERS. If Mortgagor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti deficiency or one action laws. 20. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N 11111111101 3 0111 1111 1 0 0111 8 IIIII 1/ 01011 III 1 0111 11110 2 4 11111111 3/ 1111101 I 1 �1 0 111 0 111 1 X10 1111 1111 1 0 Wolters Kluwer Financial Services 0 1996, 2010 Bankers SystemsTu Page 6 C S15 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti deficiency or one action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. MORTGAGOR: SB STAR VALLEY, LLC By GLENN PAULO BANGERTER, Member By STEVEN CRAIG SMITH, Member SB STAR VALLEY, LLC Wyoming Mortgage WY/ 4BPETERS000000000000601048062210N 111111 Dill 11011101 IIIIIVIII0111 I 1 III0111III 101111011,11001101 I X100 10 X11011HHH 11I 1 Wolters Kluwer Financial Services ©1996, 2010 Bankers Systems."' Page 7 LENDER: The Bank Of Star Valley By Seth Jenkins, Vice President ACKNOWLEDGMENT. (Business or Entity) OF My commission expires: (Lender Acknowledgment) OF OF SB STAR VALLEY, LLC Wyoming Mortgage WY/ 48 PETERS000000000000601048062210N 1 111111 1110 IIIII 110 11111 11111 111 111 111 11111 11111 11111 IIIII 11 111 IIIII IIIII IIIII 1101 1101 IIIII 11111 1111 101 OF (Notary Public) (Notary Public) ss. This instrument was acknowledged before me this day of GLENN PAULO BANGERTER and STEVEN CRAIG SMITH as Member and Member of SB STAR VALLEY, LLC. ss. by This instrument was acknowledged before me this day of by Seth Jenkins as Vice President of The Bank Of Star Valley. My commission expires: Wolters Kluwer Financial Services ©1996, 2010 Bankers SystemsTM Page 8 21. AFR1 EC;4' E E AVIf. T (s ;�ecurlty 'Instrurr trrtt is, goverrked 'by t law. :s of .Wyom�r j, the; .United;; States of America, ar,d: to the extent req'ui3ed, by °the laws of the jurts€iiction .where the Pro,perty'. s Iocated,• except. to :th'e xtan;t•s rch "s.tate laws; are preempt d by ra3.. aw.. 22. J.QIt `f AE�ID :EEC :DIVIDUAL. :11A81L11`Y ANI 5UCCESSORS Each. Mortg:;agor s. obligati under this Security InStiiirnent .are ndeperident pf t11e obliga #tons of a'ny ofiher il�grtgagor, Lender may sue each ,M ortgagor indivlduaily or togetl er with a v ctMr Mor>gagor Lender rrray,relea'se any part.o�f the• Property and'Mo will $till 'be ob1gated uridar this S brity rl$iroment` fgr'the remaining Propert If -this Security Inst rument :;secures a• g eranty pet!Neen i t?tider end Mc#f agZr IVlortgagor gr f t si :wa arty :rtg h t s'that' nt a y pret'et Lan' frog br3ngir g arty; action or alai :tn ;again ^s Mortgago "ar arty party indebted under the: :obligation These rights may tncj t ,buff are trot l�Extlio ;tG er y' d eO 4te c agrees nd arty p arty #a tit% Spq fi ty "Instr m t x y ;exte#1 r adify or ial�e ar1Y bagg to tfie terrrt:s 4f -this Sec urity instrument or arty sv�dp rif debt .without 1�!Eoatgagdr gonsent Su .a h rte, will n ot: release Mortg from.tl a •terilis of ,this; 5eetirity ",Instrument. Tho duties and benefits of th..is Security En :strum nt' will b nd and benefit the successors an4 as.sig,ns;of Ler,d;er apd ;N1Qrtg'a.gor 23. AME Ilr MENT :INTEGRA,TION 'AND EVER I1JTY., .This Security, .Instrument may not be .amended o r ;modified by .ra! agr0.,RmtSnt Na amepdrr ent irr rdlfti;ation of •th Securtty:.instrument',is effective unles made in writing atttwl a iecuxes °fay NFortgag rand _ender This $eeurity: l nstt n'ient and other dgcume,nts.rela. :Cing to the r ov siait of` this Securit Instrument Secured Igeb ate the•otainpEste, „and ftna:l expr ession of'khe agceerxtent if any p y.. is urwrrferceable, ;then the unerxforceable proyis,t+�ra .wii1 be seve ed and th e r,:e tairtrn,g provisions will still be •enfQreeabj8 2 TERPRETATI SN. W3 erever us t he srrigular i.rtcludes'fhe plural and the p {ural'Encludes `t he s ingular. :The 'sectio..n headings eras �f,.o.r cQmrera. e.nee Drily and:are ;not to ba ..41Sed o.iriterpret -or defl►re the terms of this •Security Inst'ruifi'ent..... 5'. `NOT CE; FINANCIAL REPORTS, ADDITIONAL DO CONIPSiT S •AND; REC"ORD1NGa TAXES. :.Unle'Ss othervuise requiretf by`�aw, ,any notice Wi ll b,e g ven by d elivering jt pr m;atlirig Et try first class mail to the app party add.ess listed i r1 the Dr1T ANQ' PARTE •secTh n, or. to any p 110.e. :address designated ei writing. Notice to one Mortgagor vvill:4e deemed to be r :aticry to all M.ortgagos Mortgagor will' inforrri Leander to wr iting of any change in Mortgagor's n rite, ciclress or other ;appIicat�on irllorma ic ri.” ort agar' will provide Lender any financial statements- tit infoti7tation LerltEef requests AI.I; firiartcial statements and', information Mortgagor' gives Lender <will be• ci�rreot and corppletex, 1�Jo'rtgor agrees to pay' a!l expenses, ghar�es end 'takes in connection with the' praparatcon.:and recarding.of' this•. °Eeourity Instrument.' 1Vlgrtgagor agrees o.algn: dettver, and file any additignal docurrtents nr ceriifi.cations that Lender;rpay consider necessary to perfect c ontinu e and prt segue- Mortgagor's ptiligatiaris under "this Seenri y Ir;strument ar2d to confirn Lender's Iten status o any 'Props "rfy, and'Mor #gagor agrees to pay•a91 penses, charges and taxea''in conr eetioii wt #h the preparat and recording thereof., Time is. SIGEyAT•UI�lr v gnr M, r g g 9 :Mortgagor also acknowledges• receipt•o a copy`of this.Secunty Instrument :MDA'TGAGOi S :B1' g13: U :ARC EYE L•, -Rt;ILOANG)RTEI� ember y EV Member SB STAR VALLEY,. l' C W; dmi rMUn a e h B 4.. Wioltets Kluwi3r Flnanclal::Sery ces o :i :996; :�501Q' :Bankers Sys ;erns !NYf9BPETE�.S. o9 0o90oopab4.s0 i..ua$os22..'r Q:N. I 0 1111IlL llla III V 1 l0 ll[ 1 110 1 I IR I(IIIIII thts :.S ;.l n strum 511. 1 to a 2i arc e by thi31.10wi(j,.w......:- ted ep to the 7144P rtt iE 1)0VOrAP-.,..---.,, i;•••:. p ro ti erfty 0 lopp.. ....i 'L LAW '9 1q '....:P1'....9Y. H ti th f iia ..0 ./t 0 :(i'('00 111 r 04:'.. y :•:•.,t4 .::..H.i.....: ...........-"H: .tY. 1ri)P. :dtd-fitir;•;•Itthgrtl. l''' ••••••••••.'f.•••.°1'''''IJ:t4'.-.... ....i :::•1' :1;• •••-•••••••:::::::.....::::::::•:::••••••••:6iiii.:.:,.ilifs•••Sectirrty, 5'. e: 1 e1° I 8 911 .A H' s N l a r) 1 I: L L, IA....13...:.! 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(Business or Entity) r I n h GJ k OF Ufa h C 1/Y1 OF U h ss. 1 nn� x This instrument was acknowledged before me this 3/`c day of 0,5 o O 1 b by GLENN PAULO BANGERTER Memb of SB TAR VALLEY, LLC. at My commission expires: KRISTA L. LARSON NOTARYPOMX.S1NEOFUOW 33 EAST MAIN STREET AMERICAN FORK, UTAH 10 COMM. EXP.11.6r2011 tly tramrrt stars -expi rt s: M ore me.hrs Bank 1f. ar Valtey (Lender A knowle This ,i`nl Setk Jer k)n e 5 20I0 <B kirt S /SF9r'm Tyr s s_Sutty LL Wy rI FI9 MMdr .yag,.. Ww4:PE' 'iRS00Q0o000:00Q0¢Oi 048062 i 11)1111lr 0 111 worF rti CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �C r'aS C�S�S S C .v!�C -�C Ste:. CSC,. C C v!s�S�J�v!�a> C v�:�- �.'C S S;:aC C C; :wS;�aQ.�C C!�a�C ��C.�S %S State of California County of On 'A4t.,.y1- y aszew before me, Date personally appeared c; .NZh C f∎ MERYL J. DAY Commission 1713670 Notary Public California I Orange County 3 MyCorm_ E ieeDec31,2010 Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Here Insert Name and Title of tlAe Officer RIGHTTHUMBPRINT OF SIGNER Top of thumb here who proved to me on the basis of satisfactory evidence to be the person( whose name(A is /are- subscribed to the within instrument and acknowledged to me that he /sheft+hey executed the same in his /her/their authorized capacity(ies), and that by his /hor /thcir signature() on the instrument the person(, or the entity upon behalf of which the person(y) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Name(s) of Signer(s) +u' a Tgraaof Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signer's Name: Individual Corporate Officer Title(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313 -2402 www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827 '520 Exhibit A The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: Township 31 North, Range 119 West of the 6 P.M., Lincoln County, Wyoming: Section 28: Southwest Quarter of the Southeast Quarter; Southeast Quarter of the Southwest Quarter; Southwest Quarter of the Southwest Quarter;Northwest Quarter of the Southwest Quarter; Northeast Quarter of the Southwest Quarter; Northwest Quarter of the Southeast Quarter; Southeast Quarter of the Northwest Quarter; Southwest Quarter of the Northwest Quarter. 3 2