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HomeMy WebLinkAbout872837RECEIVED RECORDING REQUESTED BY/ LINCOLN COW",ITY CLERK PREPARED BY/AFTER RECORDING RETURN TO: 8 7 2 8 3 7 01 P'7 t 21' ; h i i 8' 2 6 SMI/Attn. Sherry Doza y P.O. Box 540817 J E A 1 ~i N E G E R Houston, Texas 77254-0817 K Mltllf RE11`4 4"tYONIING Tel. (800) 795-5263 1300463-PR PAGE U Q 7 AGREEMENT OF MERGER OF CROSSLAND MORTGAGE CORP. AND WELLS FARGO HOME MORTGAGE, INC. 465 2101 0003694 WY, Lincoln mi ~ iiyupu9iusiY3 u~6u9 a4 f/ -1 + 4'79 RECORDING REQUESTED BY/ PREPARED BY/AR RECORDING RE N TO: SMUAttn. , oza P. O. Box 540 Houston, as 77254-0817 Tel. (800 5-5263 01/31/01 MAIM lJ&W?9 Z8Z41 AGREEMENT OF MERGER OF CROSSLAND MORTGAGE CORP. AND WELLS FARGO HOME MORTGAGE, INC. CP V0002966 TX, Harris a~~ ` v,? 008 123.0" P T n C7 T1 W Lt"""' m ^~i%~ c:i~Z1 W N Ql cn llllll~lillllill~ll IIIlillllllllllllVlllll2 9 6 6 ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL. AW. r A CERt PMDi COPS ` f F 1 ~,~2001 AT'T`EST: `AP BE FIRLY B. KAUFMAN, County Clerk_ Harris `County, Texas Deputy CU W172u CS~~p~~ Pll~d~~ . F a I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript of _ b page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct. SedState Form CE-108 (rev. 8188) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of JAN 2 9 2001 • Secretary of State ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL MUSE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CER'f,F&D COPY AT~'F- ST: APR 12 2001 BEVEL L,Y B. KA.UFMAN, County Clerk Harris County, Texas '7Deputy CUC T LIEN (199 SECRETARY OF STATE 50558482 L1~a r~. FILEU V-4 p~ In the Office of the Secretary of State V q -~q 22 2 $ U 2v of the State of CoNafnia AGREEMENT OF MERGER JM 0 12001 010 OF Q~ CROSSLAND MORTGAGE CORP. AND BILL JON"ES~stary of State WELLS FARGO HOME MORTGAGE, INC. AGREEMENT OF MERGER entered into on November 30, 2000 by Crossland Mortgage Corp. and Wells Fargo Home Mortgage, Inc. as approved by the Board of Directors of each of said corporations: 1. Crossland Mortgage Corp., which is a corporation incorporated in the State of Utah, and which is sometimes thereinafter referred to as the "disappearing corporation", shall be merged with and into Wells Fargo Home Mortgage, Inc., which is a corporation incorporated in the State of California, and which is sometimes hereinafter referred to as the "surviving corporation". The laws of the jurisdiction of incorporation of the disappearing corporation permit the merger of a business corporation. of said jurisdiction with and into a business corporation of another jurisdiction. 2. The separate existence of the disappearing corporation shall cease upon the effective date of the merger in accordance with the provisions of the laws of the jurisdiction of incorporation of said corporation. 3. The surviving corporation shall continue its existence under its present name pursuant to the provisions of the General Corporation Law of the State of California. 4. The Articles of Incorporation of the surviving corporation upon the effective date of the merger in the State of California shall be the Articles of Incorporation of said surviving corporation and shall continue in full force and effect until amended and changed in the manner prescribed by the provisions of the General Corporation Law of the State of California. 5. The bylaws of the surviving corporation upon the effective date of the merger in the State of California shall be the bylaws of said surviving corporation and shall continue in full force and effect until changed, altered or amended as therein provided and in the manner prescribed by the provisions of the General Corporation Law of the State of California. 6. The directors and officers in office of the surviving corporation upon the effective date of the merger in the State of California shall continue to be the members of the Board of Directors and the officers of the surviving corporation, all of whom shall hold their directorships and offices until the election, choice, and qualification of their respective successors or until their tenure is otherwise terminated in accordance with the bylaws of the surviving corporation. CA BC D-:AGREEMENT OF MERGER LF F>D 11/96-1 (#537) ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDER~A~ I AW~ A CER. VELD COPY. 1.2 2001 AT..MST: BEVEktLY'` 3. KAUFMTN,, County Clerk. Harris &)unty, Texas , Deputy CUC T. EN 7. Each of the issued and outstanding shares of the disappearing corporation shall, upon the effective date of the merger, be exchanged for cash in the manner prescribed in Exhibit A attached hereto, and each of said shares shall be retired and cancelled.. The issued shares of the surviving corporation shall not be converted.4r exchanged in any manner or any consideration be paid therefor. 8. In the event that the merger herein provided for shall have been fully authorized in accordance with the provisions of the laws of the jurisdiction of incorporation of the disappearing corporation and in accordance with the provisions of the General Corporation Law of the State of California, the disappearing corporation and the surviving corporation hereby agree that they will cause to be executed and filed. and/or recorded any document or documents prescribed by the laws of the State of Utah and of the State of California, and that they will cause to be performed all necessary acts therein and elsewhere to effectuate the merger. 9. The Board of Directors and the proper officers of the disappearing corporation and of the surviving corporation, respectively; -are hereby authorized, empowered and directed to do any ( and all acts and things, and to make, execute, deliver, file, and/or record any and all instruments; papers and documents which shall be or become necessary, proper or convenient to carry out or ( put into effect any of the provisions of this Agreement of Merger or of the Merger herein provided for. 'The merger herein provided shall become effective as prescribed by law. h Signed on November 30, 2000 Crossland Mortgage Corp. By: Ron Pedersen, Senior Vice President By: Brian Casper, Secretary CA BC D•:AGRFEMENr OF MERGER 1/F F>D 11/96.2 (037) ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE., RENTAL Off, USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF.. COLOR OR RACE IS INVALID AND UNENFORCEABLE iUNDER THE FEDERAI,LAW. A CE ;~1 D COPY. ' APR ' 2 2001 AT"j _ST: ' BEME ~LYA. KA[JPMA& County Clerk Harris' ~-Punty, Teicas l ~e•a, Deputy CUC T. LIEN :U T 1 4 iG.t IS V R Signed on November 30, 2000 Wells Fargo ome Mortgage, Inc. By: Denise Peters Brennan, Vice President By: es M. Strother, Secretary CA BC D-:AGREEMENT OF MERGER OF F>D 11/96-3 (#537) ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDE~Aj,LAW. y yY~tn y.ay A CER\\ IT CONY` ATVs r: APR 1. 2 2001 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas tla tR Deputy UC T. LIEN 0.1 c_' 0Y 2S 7 Exhibit A The amount of cash that Wells Fargo Home Mortgage, Inc. will pay for each outstanding share of Crossland Mortgage Corp. is equal to the net book value of assets of Crossland Mortgage Corp. on the effective date of the merger, divided by the total number of issued and outstanding shares of Crossland Mortgage Corp. at that time. Crossland Mortgage Corp. and Wells Fargo Home Mortgage, Inc. agree to treat and report the Merger as a purchase and sale of assets followed by a liquidation of Crossland Mortgage Corp. into Crossland Mortgage Acquisition Corporation (the Parent of Crossland Mortgage Corp.) (on the date of closing) for federal and state income tax purposes pursuant to Rev. Rul. 69-6. ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE. INVALID AND UNENFORCEABLE UNDER THE FEDEI A) IA4 A CERTIFIED COPS' AT:. ;APR 1', 2- BEVEJtI,Y B. KAUFMAN, County Clerk Harris County, Texas Deputy CUC T. LIEN 013 V a CERTIFICATE OF APPROVAL OF AGREEMENT OF MERGER Ron Pedersen and Brian Casper state and certify that: 1. They are the Senior Vice President and Secretary, respectively of Crossland Mortgage Corp., a Utah corporation. 2. The Agreement of Merger in the form attached was duly approved by the Board of Directors and shareholders of the corporation. 3. There is only one class of shares and the total number of outstanding shares is 12,400. 4. The shareholder percentage vote required for the aforesaid approval was 100 percent. 5. The principal terms of the merger agreement in the form attached were approved by the corporation by a vote of the number of shares which equaled or exceeded the vote required. On the date set forth below, in the City of Salt Lake City in the State of Utah, each of the undersigned does hereby declare under the penalty of perjury under the laws of the State of California that he signed the foregoing certificate in the official capacity set forth beneath his signature, and that the statements set forth in said certificate are true of his own knowledge. Signed on November 30, 2000 Ron Pedersen, Senior Vice President Brian Casper, Secretary CA BC D-.AGREEME 9r OF MERGER OF F>D 11/965 (8537) ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDEPAD, LAW. A CER"pIFfED COPS' x ATraT. APR 12' '2001 BEVERLY B. KAUFMAN, County Clerk Harris County;,Texas Deputy t out, I. MEN 014 VL, F ~AL.JV w" N G~ CERTIFICATE OF APPROVAL OF AGREEMENT OF MERGER Denise Peters Brennan and James M. Strother state and certify that: 1. They are the Vice President and Secretary, respectively of Wells Fargo Home Mortgage, Inc., a California corporation. 2. The Agreement of Merger in the form attached was duly approved by the Board of Directors and shareholders of the corporation. 3. There is only one class of shares and the total number of outstanding shares is 100. 4. The shareholder percentage vote required for the aforesaid approval was 100 percent. 5. The principal terms of the merger agreement in the form attached were approved by the corporation by a vote of the number of shares which equaled or exceeded the vote required. On the date set forth below, in the City of Des Moines in the State of Iowa, each of the undersigned does hereby declare under the penalty. of perjury under the laws of the State of California that he signed the foregoing certificate in the official capacity set forth beneath his signature, and that the statements set forth in said certificate are true of his own knowledge. Signed on November 30, 2000 Denise Peters Brennan, ice President S P'n"s M. Strother, Secretary ANl FROMIDI NERL0111 NCR RESTRICTS IHE SUE. AliIAt. OR Oil OF THE DESERw REAL IROREATT IECAOSE OF COLOR OA RACE S IV" ARO ONENFORCEAOLE ONOEA ROEAAl411 THE STATE OF TEXAS COUNTY OF HARRIS Ru 'IN and 11 AM NNi IM114comb" NF ENRINleIm FLED +Fk NYRIIIEIEW wpEkw AS: 1W jo1AECOROED. Y 610040YRY W*9 AWINFeq dNllid JAN 3 1 2001 COUNTY CLERK L i) HARRIS COUNTY. TEXAS CA BC D•:AGREEMENr OF MERGER LF F>D 11/964 (11537) ANY PROVISIONS HEREIN WHICH.RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATTEST: APR 12 2001 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas Deputy CUC T. LIEN