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HomeMy WebLinkAbout957511Prepared by and upon recordation, return to: Akin Gump Strauss Hauer Feld LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067 Attention: Eric I. Wang (688661 -0001) KNOW ALL MEN BY THESE PRESENTS: THAT, THE FEDERAL DEPOSIT INSURANCE CORPORATION (acting in any capacity, "FDIC AS RECEIVER FOR FIRST BANK OF IDAHO, FSB at 550 17 Street, NW, Washington, D.C. 20429 -0002, (hereinafter referred to as "Assignor" for value received, does by these presents, grant, bargain, sell, assign, transfer and set over to 2010 -1 CRE VENTURE, LLC, a Delaware limited liability company, its successors and assigns (hereinafter referred to as "Assignee at 2450 Broadway, 6th Floor, Santa Monica, California 90404, all right, title and interest in and to that certain: 1. Mortgage (and any and all notes secured thereby) "Mortgage A-1"), dated April 11, 2005, executed by MICHAEL J. STONE and CARLA J. STONE, husband and wife (collectively, "Trustor A -1 in favor of First Bank of Idaho, FSB, dba First Bank of the Tetons "Lender and which Mortgage A -1 was recorded on April 15, 2005, as Receiving Number 907683, in Book 583 P.R., Page 178 in the 200003098 Wyoming_Lincoln_10055_First Bank Idaho_TD Assignment ASSIGNMENT OF MORTGAGE 1 RECEIVED 1/6/2011 at 2:43 PM RECEIVING 957511 BOOK: 760 PAGE: 146 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ®©0146 official records of County of Lincoln State of Wyoming "Records as may be amended or modified. 000147 The Mortgage A -1, as such may have been assigned or modified, covers the following described legal property: SEE ATTACHED EXHIBIT A -1 2. Mortgage (and any and all notes secured thereby) "Mortgage A -2 dated October 1, 2007, executed by UNDERGROUND PROPERTIES, LLC, a Wyoming limited liability company "Trustor A -2 in favor of Lender, and which Mortgage A -2 was recorded on October 5, 2007, as Receiving Number 933807, in Book 674 P.R., Page 740, in the Records, as may be amended or modified. The Mortgage A -2, as such may have been assigned or modified, covers the following described legal property: SEE ATTACHED EXHIBIT A -2 3. Construction Mortgage (and any and all notes secured thereby) "Mortgage A -3 dated October 7, 2008 executed by DANIEL A. EDWARDS, a single man "Trustor A -3 in favor of Lender, and which Mortgage A -3 was recorded on October 10, 2008, as Receiving Number 942802, in Book 706 P.R., Page 708 in the Records, as may be amended or modified. The Mortgage A -3, as such may have been assigned or modified, covers the following described legal property: 200003098 Wyoming_Lincoln_10055_First Bank ldaho_TD Assignment SEE ATTACHED EXHIBIT A -3 4. Mortgage (and any and all notes secured thereby) "Mortgage A -4 dated April 1, 2005 executed by SIDNEY J. STEVENS "Trustor A -4 in favor of Lender, and which Mortgage A -4 was recorded on April 6, 2005, in Book 582 P.R., Page 619 in the Records, as may be amended or modified. The Mortgage A -4, as such may have been assigned or modified, covers the following described legal property: SEE ATTACHED EXHIBIT A -4 TO HAVE AND TO HOLD THE SAME UNTO SAID 2010 -1 CRE VENTURE, LLC, ITS SUCCESSORS AND ASSIGNS. THIS ASSIGNMENT IS MADE WITHOUT RECOURSE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY THE FDIC AS RECEIVER FOR FIRST BANK OF IDAHO, FSB, OR IN ITS CORPORATE CAPACITY. 2 THE LOAN IS CONVEYED "AS IS" AND "WITH ALL FAULTS," WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING AS TO COLLECTABILITY, ENFORCEABILITY, VALUE OF COLLATERAL, ABILITY OF ANY OBLIGOR TO REPAY, CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, BY ANY PERSON, INCLUDING THE FDIC OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 200003098 Wyoming_Lincoln_I0055_First Bank Idaho_TD Assignment 3 ©00148 200003098 Wyoming_Lincoln_10055_First Bank Idaho_TD Assignment 4 ASSIGNOR: 000149 IN WITNESS WHEREOF, FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR FIRST BANK OF IDAHO, FSB has caused this instrument to be executed this 14& day of flLu s! 2010 effective as of the 2nd day of July, 2010. FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR FIRST BANK OF ID By: Name: Paul Fu an Title: Attorney-in-Fact, Pursuant to Limited Power of Attorney, a copy of which is attached hereto as Exhibit B STATE OF CALIFORNIA COUNTY OF LOS ANGELES 000150 On August 11, 2010 before me, Joy Mallory, Notary Public, personally appeared Paul Fuhrman, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 JOY MALLORY Commission 1807286 Notary Public California Los Angeles County My Comm. Expires Jul 25, 201 LOT 611 -C, LAKEVIEW ESTATES SUBDIVISION ACCORDING TO THAT PLAT OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK, LINCOLN COUNTY, WYOMING. 200003098 Wyoming_Lincoln_10055_First Bank Idaho TD Assignment EXHIBIT A -1 (Legal Description) 5 0® 200003098 Wyoming_Lincoln_10055_First Bank Idaho_TD Assignment EXHIBIT A -2 (Legal Description) Attached 6 000152 Lot 6100 and the Southwest 2/5 of Lot 65IC of LAKEVIEW ESTATES INCORPORATED TRACTS A F, a Subdivision, Lincoln County, Wyoming, as shown on the official plat thereof, in. the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 157, described as follows: Commencing North 04 °00'00" West, 400 feet form the Northwest Corner of the Southeast Quarter of the Southwest Quarter (SE SW of Section 29, Township 37 North, Range 118 West, 6'" PM, Wyoming, the Point of Beginning; thence North 63 °11'00" East. 202 feet; thence South 26 °49'00" East, 70 feet, thence South 63 °11'00" West, 182.5 feet; thence North 31 00'00" West, 80 feet to the Point of Beginning, Lakeview Estates, a subdivision of the South Half of the Southeast Quarter (S V2 SE 'A) of Section 29, Township 37 North, Range 118 West of the 6 PM, Lincoln County, Wyoming. 000153 LOT FIVE (5) OF THE DOUBLE K MEADOWS SUBDIVISION RECORDED SEPTEMBER 14, 2005 AS INSTRUMENT NO. 911843 AND MAP NO. 241 -B, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. 200003098 Wyoming_Lincoln_I0055_First Bank Idaho_TD Assignment EXHIBIT A -3 (Legal Description) 7 000154 000155 200003098 Wyoming_Lincoln_10055_First Bank Idaho TD Assignment EXHIBIT A -4 (Legal Description) LOT 26 OF AIRPORT ADDITION TO THE TOWN OF AFTON THIRD FILING, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 313 -B FILED JULY 16, 2003 AS INSTRUMENT NO. 891662 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. 8 EXHIBIT B 200003098 Wyoming_Lincoln_10055_First Bank Idaho_TD Assignment (Limited Power of Attorney) Attached 9 000156 I1 liil ii 1111111 li II 1 1 1 11 LT1 5 2010 1 11 Multibank Structured Transaction 2010 -1 CRE Limited Power of Attorney OHS East:1607 1 1 183.6 itl I III! II l llllll1111111111lilll1 1111131 I LT2- 0 -0 -6 LIMITED POWER OF ATTORNEY Multibank Structured Transaction 2010 -1 CRE EXECUTION COPY 000157 KNOW ALL PERSONS BY THESE PRESENTS that the FEDERAL DEPOSIT INSURANCE CORPORATION, a corporation organized and existing under an Act of Congress, hereafter called the "FDIC," pursuant to the applicable resolutions of the Board of Directors of the FDIC, and redelegations thereof, hereby designates the individuals set forth on Exhibit A, attached hereto and made a part hereof (the "Attorneys -in- Fact to act on behalf of the FDIC in any of its Receivership (the FDIC, in its separate capacities as receiver with respect to each such Receivership, the "Receiver or Corporate capacities related to the various failed financial institutions listed on Exhibit B, attached hereto and made a part hereof, for the sole purpose of executing the documents outlined below; and WHEREAS the undersigned has full authority to execute this Limited Power of Attorney on behalf of the FDIC; NOW THEREFORE, the FDIC grants to the Attorneys -in -Fact the authority, subject to the limitations herein, as follows: 1. To execute, acknowledge, seal and deliver on behalf of the FDIC, individually and not jointly by and through the FDIC, acting in any capacity, any and all instruments of transfer and conveyance, appropriately completed, with all ordinary or necessary endorsements, acknowledgments, affidavits and supporting documents as may be necessary or appropriate to evidence the sale and transfer of any asset pursuant to that certain Loan Contribution and Sale Agreement dated as July 2, 2010 between 2010 -1 CRE Venture, LLC and the Receiver. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1 The form which the Attorneys -in -Fact shall use for endorsing promissory notes or preparing allonges to promissory notes is as follows: All documents of assignment, conveyance or transfer shall contain this sentence: "This assignment is made without recourse and without representation or warranty, express, implied or by operation of law of any kind and nature whatsoever, by the Federal Deposit Insurance Corporation in any capacity. 2. To grant to each Attorney -in -Fact full power and authority to do and perform all acts necessary to carry into effect the powers granted by this Limited Power of Attorney as fully as the FDIC in any capacity might or could do with the same validity as if all and every such act had been herein particularly stated, expressed and especially provided for. This Limited Power of Attorney shall be effective from July 2, 2010 and shall continue in full force and effect through July 2, 2011, unless otherwise terminated by an official of the FDIC or its successors and assigns authorized to do so "Revocation At such time this Limited Power of Attorney will be automatically revoked. Any third party may rely upon this document as the named individuals' authority to continue to exercise the powers herein granted unless a Revocation has been recorded in the public records of the jurisdiction where this Limited Power of Attorney has been recorded, or unless a third party has received actual notice of a Revocation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Multibank Structured Transaction 2010 -1 CRE Limited Power of Attorney OHS East:160711183.6 Pay to the order of 2010 -1 CRE Venture, LLC Without Recourse FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR VARIOUS FAILED FINANCIAL INSTITUTIONS LISTED ON EXHIBIT B HERETO By: Name: Title: Attorney -in -Fact 2 000158 IN WITNESS WHEREOF, the FDIC by its duly authorized officer empowered to act on its behalf by appropriate resolution of its Board of Directors, or r legations thereof, has caused these presents to be executed and subscribed in its name this ay of August, 2010. Signed, sealed and delivered in the presence of By: Name: J fat L U- T1 Witness By: SLovâ–  Witness Multibank Structured Transaction 2010 -1 CRE Limited Power of Attorney OHS East:160711183.6 FEDERAL DEPOSIT INSURANCE CORPORATION [Signature Page to Limited Power of Attorney] 000159 By: Name: Ralph Malami Title: Assistant Director Structured Transactions [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ACKNOWLEDGMENT UNITED STATES OF AMERICA DISTRICT OF COLUMBIA Ralph Malami, affiant, for himself says that he is the Assistant Director, Structured Transactions, Division of Resolutions and Receiverships, of the Federal Deposit Insurance Corporation, the Corporation in whose name the foregoing Limited Power of Attorney has been subscribed, that the said Limited Power of Attorney was subscribed on behalf of the said Corporation by due authority of the Corporation's Board of Directors, and that the said Assistant Director, Structured Deals for the Division of Resolutions and Receiverships of the Federal Deposit Insurance Corporation acknowledges the said Limited Power of Attorney to be the free act and deed of the said Corporation. Multibank Structured Transaction 2010 -1 CRE Limited Power of Attorney OHS East:16071 1 1 83.6 Notary Public, District of(olumbia United States of America My Commission Expires: LINDA S, CAREY NOTARY PUBLIC DISTRICT OF COLUMBIA My Commission Expires April 30, 2015 000160 Multibank Structured Transaction 2010 -1 CRE Limited Power of Attorney OHS East:1 6071 1 1 83.6 EXHIBIT A TO LIMITED POWER OF ATTORNEY Attorneys -in -Fact Paul Fuhrman Edward Dailey Kevin Traenkle 000161 ':Bank Name City, State Fund (Closing Date ;Silver State Bank Henderson NV 10013 September 5, 2008 :First Georgia Community Bank Jackson GA 10025 December 5, 2008 MBank of Clark County Vancouver WA 10029 January 16, 2009 !Ocala National Bank Ocala FL 10032 January 30, 2009 ;First City Bank Stockbridge GA 10047 March 20, 2009 ;Omni National Bank Atlanta GA 10048 :March 27, 2009 New Frontier Bank Greeley CO 10050 April 10, 2009 ;American Southern Bank Kennesaw GA 10053 April 24, 2009 !First Bank of Beverly Hills !Calabasas CA 10054 April 24, 2009 !First Bank of Idaho Ketchum ID 10055 April 24, 2009 'Michigan Heritage Bank Farmington Hills MI 10056 April 24, 2009 ;America West Bank Layton UT 10057 May 1, 2009 ;Citizens Community Bank Ridgewood NJ 10058 May 1, 2009 Silverton Bank Atlanta GA 10059 May 1, 2009 Westsound Bank Bremerton IWA 10060 :May iLincolnwood 7 10064 8, 2009 June 5, 2009 ;Bank of Lincolnwood !Community Bank of West Georgia Villa Rica GA 10068 June 26, 2009 !Integrity Bank Jupiter FL 10095 July 31, 2009 ±Community Bank of Nevada Las Vegas NV 10100 August 14, 2009 Community Bank of Arizona Phoenix AZ 10101 August 14, 2009 'Union Bank Chandler AZ 10102 August 14, 2009 Corus Bank Chicago IL 10117 September 11, 2009 EXHIBIT B TO LIMITED POWER OF ATTORNEY Failed Financial Institutions Docll 2010076586 Fees:$54.50 09/02/2010 10:01AM Pages 6 Filed Recorded in Official Records of WASH DC RECORDER OF DEEDS LARRY TODD RECORDING SURCHARGE 48.00 Multibank Structured Transaction 2010 -1 CRE 6 50 Limited Power of Attomey OHS East:1 607 1 1 1 83.6 00i)162