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HomeMy WebLinkAbout9588640002C7 CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE (11C g9Y his /her oath according to law, deposes and says: of lawful age, being first duly sworn upon 1. That he /she is now and was at all times herein mentioned, a duly appointed, qualified and acting Deputy Sheriff of Lincoln County, Wyoming. 2. That the Mortgagee caused a notice of the following- described mortgage foreclosure sale to be published once a week for four consecutive weeks in the Star Valley Independent, a newspaper printed, published, and of general circulation in the County of Lincoln, State of Wyoming, the said publication having been made on March 10, 17, 24, and 31, 2011, that said Notice of Mortgage Foreclosure Sale was given in the manner and for the time required by law; that all acts had and done hereunder were in accordance with and conformity to the requirements of law in such case made and provided; and that Proof of Publication of said Notice of Mortgage Foreclosure Sale, together with a true copy of said Notice, is attached hereto, marked "Exhibit A and by this reference made a part hereof. 3. That on the 12th day of April 2011, at the hour of 10:00 o'clock A.M., at the front door of the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer, Wyoming, the same being also the place of holding the District Court in said County, and at public venue, to the highest bidder for cash, he /she offered for sale the following- described 1 all pre s a who en sold said lands and premises as a whole for the sum of r 3 DV O to I having bid fairly and in good faith therefore, and being the highest and best bidder, for all of said lands and premises, being particularly described as follows, to -wit: Amount due on principal Interest to Date of Sale Secondary Interest Late Charges Publication of Notice of Sale Sheriffs Fee Foreclosure Guaranty Title Policy Certified Mailing Costs Recording Fees Attorney Foreclosure Fee Miscellaneous Expenses Beginning on the Westerly line of right of way Highway 89 North at a point North. 68° 06' West 332.0 feet from the center of Section 29, Township 37 North, Range 118 West, 6th P.M., and running thence along said West line of Highway 89, South 20° 0' West, 99 feet; thence North 55° 31' West, 254.6 feet; thence South 78° 10' East, 249 feet to the point of beginning. Together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith, subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions, and rights of way record. 4. That said lands and premises were sold pursuant to the above provisions of the Notice of Mortgage Foreclosure Sale herein above described, and under and by virtue of the power of sale and authority contained in that certain Mortgage, dated December 6, 2006, made, executed, and delivered by The Coffee Cabin, LLC, a Wyoming limited liability company, as Mortgagor, to 1 Bank, Alpine, Wyoming, as Mortgagee, which Mortgage was filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming on December 13, 2006, in Book 643, at Pages 217 et. seq. 5. That the debt secured by said Mortgage at the time of the sale, including principal, interest, advances fees, costs and expenses of foreclosure was the actual sum of $404,665.41 as follows: 384,131.24 5,801.98 8,789.38 1,570.95 390.00 10.00 671.00 49.86 51.00 3,200.00 0.00 RECEIVED 4/12/2011 at 10:10 AM RECEIVING 958864 BOOK: 765 PAGE: 2111 JEANNE WAGNER Total Amount Bid iciertcy /S 6. +e ore the allowance and addition of the sum of $3,200.00 to the aforesaid debt as attorney fees, there was duly filed with the aforesaid Sheriff/Deputy Sheriff of Lincoln County, Wyoming, affiant herein, by John P. LaBuda, of LaBuda Law Office, P.C., an attorney admitted generally to practice in the State of Wyoming and representing the Mortgagee, an affidavit duly made and executed pursuant to the provisions of Wyoming Statutes 34 -4 -112, an executed true copy of which affidavit is attached hereto, marked as "Exhibit B and by this reference made a part hereof. 7. That prior to the aforesaid sale of the within- described lands and premises, there was also duly filed with said Sheriff/Deputy Sheriff, affiant herein, by said John P. LaBuda, of LaBuda Law Office, P.C., one of the attorneys representing Mortgagee, an Affidavit of Mailing of Notice of Default and Notice of Intention to Foreclose Mortgage by Advertisement and Sale, said affidavit being duly made and executed pursuant to the provisions of Wyoming Statutes 34- 4- 103(a)(iv), an executed true copy of which affidavit is attached hereto, marked "Exhibit C and by reference made a part hereof. 8. That prior to the aforesaid sale of the within- described lands and premises, there was also duly filed with said Sheriff /Deputy Sheriff, affiant herein, by said John P. LaBuda, of LaBuda Law Office, P.C., one of the attorneys representing Mortgagee, an Affidavit of Mailing of Notice of Mortgage Foreclosure Sale, said affidavit being duly made and executed pursuant to the provisions of Wyoming Statutes 34- 4- 104(a), an executed true copy of which is attached hereto, marked "Exhibit D and by reference made a part hereof. 9. That said 1 eing the purchaser of all the above- its successors and assigns, will be entitled to a deed for said lands and premises on and after the 12th day of August, 2011„ said date being after the expiration of three (3) months plus thirty (30) days from the date of sale, unless the same shall be redeemed prior to that date as provided by law. IN WITNESS WHEREOF, he /she has hereunto signed his/her name this 12th day of April, 2011. described land and premises as aforesaid, said STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: lus ss. By: Deputy She COUNT/ OF LINCOLN *Commission Exnirea 404,665.41 303)160.1)° 00)q,/ Shane Johnson, Sheriff of Lincoln County, Wyo ing The foregoing document was subscribed d wpm to before me by on the /c9 day �f 2011. JAMIE PAINTER —NOT, ;iPUBLIC STATE OF 713 r o0.268 6e) I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the regular and_stitire issue of said newspaper, and not in any supplement thereof, for___, u y consecutive issues, commencing with the issue date /7'jG j- /d 2011, and ending with issue dated `72'7 ow" a/ 2011. Subscribed and sworn in before me this C\C,t 2011. My commission expires August 31, 2013 NOTICE OF FORECLOSURE SALE WHEREAS, the power of sale in the following- described Mortgage, duly recorded as hereinafter specified, having become operative by the default in a condition of such Mortgage by the Mortgagor, and no suit nor proceeding;hav- ing been instituted to recover the debt thereby secured, or any part thereof, 1st Bank, Alpine, Alpine, Wyoming, the Mortgagee therein, hereby states and gives notice that: 1. The aforesaid Mortgage, dated December 6, 2006, was filed of record on December 13, 2006, Receiving 925284, in Book 643, Page 217 et. seq., in the Office of the County Clerk and Ex-Officio Register of Deeds i in Lincoln County, Wyoming. 2. That written notice of intent to foreclose the afore said Mortgage by advertise- ment and sale has been served upon The Coffee Cabin, LLC, as record owner and person in possession, and John R. Thomas, as guarantor, by certi- fied mail with return receipt, mailed to the last known address of said record owner, guarantor, and person in pos- session on the. 17th day of February. 2011. I ,C day of Notary lic 3. The amount claimed to be due on said Mortgage as of February 1, 2011, for principal, interest, and late fees, is the sum of $394,529.26 together with all accruing interest at the rate of $77.36 per day, advances, attor- ney fees, costs, fees, and expenses of foreclosure. 4. The mortgaged premises are described as: Beginning on the Westerly line of right of way Highway 89 North at a point North 68° 06' West 332.0 feet from the center of Section 29, Township 37 North, Range 118 West, 6th P.M., and running thence along said West line of Highway 89, South 20° 0' West, 99 feet; thence North 55° 31' West, 254.6 feet; thence South 78° 10' East, 249 feet to the point of beginning. Together with all improve- ments thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith, subject, however, to all mining, mineral and other exceptions, reservations, covenants, ,conditions, and rifts of way record. pp0$69 Mi•Y %0s ,:a. n h.•W:F4y'�;. �n m+cat�'�nr "u"7..n:r'.T:;'• JANA BIRYAN"I {\K )i,AY PUBLIC County of Lincoln My Commissio State of Wyoming i 9s Al.?gust 31, 2013 5. That by virtue of the power of sale contained there- in, said Mortgage will be fore- closed by sale of the above described mortgaged 'premis- es, or much thereof as may be necessary, at public venue, at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming, by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming, at 10 :00 A.M. on Tuesday, April 12, 2011, to satisfy the afore- said amount, and accruing interest, advances, costs, fees and expenses of foreclosure. 6. Pursuant to Wyoming Statute 1- 18- 101(b), "The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective pur- chaser should research the status of title before submit- I ting a bid." DATED this 4th day of March, 2011. /s/ John P. LaBuda LaBuda Law Office, P.C. P.O.; Box 1240 Pinedale, Wyoming 82941 (307) 367 -3927 Wyoming State Bar No. 5 2966 Publish Mar. 10, 17, 24 31 John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law, deposes and says: 1. That he is an attorney generally admitted to practice law within the State of Wyoming; that he is one of the attorneys for and is representing 1 Bank of Alpine, Wyoming, in its foreclosure of that certain mortgage dated December 6, 2006, made, executed, and delivered by The Coffee Cabin, LLC, as Mortgagor, to 1 Bank, Alpine, Wyoming, as Mortgagee, which Mortgage was filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming on December 13, 2006, in Book 643, at Page 217 et. seq. That there is not, not has there been, any agreement, expressed or implied, between him and his client, nor between him and any other person except practicing attorneys in the State of Wyoming engaged with him as attorneys in said foreclosure proceedings, for any sharing or division of his attorney's fee of $3,200.00 to be allowed and added to the debt involved, and any fee, when so allowed and added to the debt, is only compensation for services actually rendered in said foreclosure proceedings. DATED this /day of April, 2011. State of Wyoming County of Sublette AFFIDAVIT OF ATTORNEY REGARDING FEES :ss Subscribed and sworn to before me this Oday of April, 2011, by John P. LaBuda. Witness my hand and official seal. My commission expires: a)(//Aoz- My Commission Expires 5/24/2014 000270 AFFIDAVIT OF MAILING OF NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE MORTGAGE John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law, deposes and says: That he is an attorney generally admitted to practice law within the State of Wyoming; that he is one of the attorneys for and is representing 1 Bank of Alpine, Wyoming, in its foreclosure of that certain mortgage dated December 6, 2006, made, executed, and delivered by The Coffee Cabin, LLC., a Wyoming limited liability corporation as Mortgagor, to 1 Bank, Alpine, Wyoming, as Mortgagee, which Mortgage was filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming on December 13, 2006, in Book 643, at Page 217 et. seq. That on February 17, 2011, he deposited in the United State Post Office at Pinedale, Wyoming, Notice of Default and Notice of Intention to Foreclose Mortgage, hereinafter set forth, postage prepaid and address and sent by certified mail, to the following persons, at their last known address, they being the owners of record and persons in possession of the mortgaged premises: The Coffee Cabin LLC John R. Thomas 17779 Highway 89 Alpine, WY 83128 John R. Thomas Registered Agent The Coffee Cabin LLC 313 Drake River Drive P.O. Box 3395 Alpine, WY 83128 John R. Thomas P.O. Box 3395 Alpine, WY 83128 DATED this l day of April, 2011. 000271. 3. That a true copy of said Notice of Default and Notice of Intention to Foreclose Mortgage is attached hereto, marked "Exhibit A and by this reference made a part hereof. State of Wyoming County of Sublette Subscribed and sworn to before me this Witness my hand and official seal. My commission expires: :ss dia4 000272 ay of April, 2011, by John P. LaBuda. Jeannie Whinnery Notary Public My Commission Expires 5/24/2014 JOB:N P LABUDA February 8, 2011 By Certified Mail, Return Receipt Requested The Coffee Cabin LLC John R. Thomas 17779 Highway 89 Alpine, WY 83128 John R. Thomas Registered Agent The Coffee Cabin LLC 313 Drake River Drive P.O. Box 3395 Alpine, WY 83128 John R. Thomas P.O. Box 3395 Alpine, WY 83128 LABUDA LAW OFFICE, P.C. ATTORNEYS AT LAW P.O. Box 1240 PINEDALE, WYOMING 8 2 941 000273 307 367 -3927 FAX 307 367 -3928 JLABUDA000 CENTURYTEL.NET Re: NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE 1 ST BANK, ALPINE, WYOMING NOTE NO. 761001445 Dear above listed individuals /corporation: LaBuda Law Office, P.C. represents 1 Bank of Alpine, Wyoming You are hereby notified that you are in default of Promissory Note 761001445 (the "Note for failure to pay the October, November, December 2010 and January, 2011 payments. As of February 1, 2011, the principal balance of the Note is $384,131.24, together with accrued interest, secondary interest, and late charges of $10,398.02 for a total current payoff of $394,529.26. Interest accrues at the rate of $77.36 per day. Demand is hereby made for payment of these amounts immediately. Pursuant to W.S.§ 34- 4- 103(a)(iv), you are also hereby notified that 1 Bank of Alpine, Wyoming intends to foreclose the certain mortgage dated December 6, 2006, and recorded in the Office of the County Clerk, Lincoln, County, Wyoming, on December 13, 2006, at Receiving 000274 No. 925284, Book No. 643, Page No. 217 -222, in Lincoln County, Wyoming, by advertisement and sale as provided for in such mortgage within ten (10) days of the date of this letter. The Mortgage covers the following described real property located at 40 Highway 89, Alpine, Wyoming 83128 more particularly described as: Beginning on the Westerly line of right of way Highway 89 North at a point North 68° 06' West 332.0 feet from the center of Section 29, Township 37 North, Range 118 West, 6th P.M., and running thence along said West line of Highway 89, South 20° 0' West, 99 feet; thence North 55° 31' West, 254.6 feet; thence South 78° 10' East, 249 feet to the point of beginning. According to the terms of the Note, The Coffee Cabin, LLC., and John R. Thomas, agreed to pay the Bank the sum of $3,491.07 each month commencing January 6, 2007, with the loan to be paid in full, including unpaid interest and fees, by December 6, 2026. According to the Bank's records, the last payment received was September 30, 2010. Pursuant to the terms of the Note, the Bank has elected to declare the Note immediately due and payable, and demand is hereby made upon The Coffee Cabin, LLC., and John R. Thomas, for the payment of the entire principal balance due of $384,131.24 plus accrued interest and late fees in the sum of $10,398.02, through February 1, 2011, plus accruing interest from and including February 1, 2011, at the rate of 7.25% per annum of $77.36 per day and together with attorney fees to date. I have enclosed a copy of the Promissory Note and Mortgage for your reference. In the event The Coffee Cabin, LLC., and John R. Thomas, have not contacted the undersigned and made satisfactory arrangements for the payment, in full, of this debt within ten (10) days of the date of this letter, formal legal proceedings, to include foreclosure of the Mortgage by advertisement and sale, pursuant to the power of sale contained in the Mortgage, will be instituted to recover this indebtedness, together with attorney fees and court costs incurred in the process. This debt will be assumed valid unless, within thirty (30) days after receipt of this notice, you dispute the validity of this debt in writing to the undersigned attorney. The copy of the Promissory Note and Mortgage enclosed with this letter serves as verification of the debt. If you dispute the validity of this debt in writing within thirty (30) days after receipt of this notice, additional verification of the debt will be obtained and a copy of the verification will be mailed to you. The Bank's address will be provided to you if, within thirty (30) days, you make written request for such address. You should be aware, however, that even though you may dispute the validity or amount of this debt my collection efforts may continue. This communication is an attempt to collect a debt, and any information obtained will be used for this purpose. You should consider this as formal notice of the mortgage holder's intent to foreclose by advertisement and sale as provided in Chapter 4 of Title 34 of the Wyoming Statutes. A Notice of Mortgage Foreclosure Sale, including your name, will appear in the local newspaper following ten (10) days after the date of this letter. A copy of that Notice of Mortgage Foreclosure Sale will be mailed to you by certified mail prior to the first date of publication of that Notice. This Notice is given to The Coffee Cabin, LLC., and John R. Thomas, as record owners, guarantors, and person in possession of the mortgage premises. Sincerely, Joh4. LaBu.da For LaBuda Law Office, P.C. pc: J. Robinson G. West 000275 RECORDATION REQUESTED BY: 1st Sank Alpine 100 Greys River Rd. P.O. Box 3110 Alpine, WY 83128 WHEN RECORDED MAIL TO: 1st Bank Alpine 100 Greys River Rd. P.O. Box 3110 Alpine, WY 83128 SEND TAX NOTICES TO: 1st Sank Alpine 100 Grey. River Rd. P.O. Box 3110 Alpine, WY 83128 RECEIVED 12/13/2006 at 1021 AM RECEIVING 925284 BOOK: 643 PAGE: 217 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY i t 404 t //4/.© 000276 rw 000217 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THiS MORTGAGE dated December 6, 2006. Is made and executed between THE COFFEE CABIN, LLC, A WYOMING LIMITED LIABILITY COMPANY (referred to below as "Grantor and 1st Bank, whose address Is 100 Greys River Rd., P.O. Box 3110, Alpine, WY 83128 (referred to below as "Lender GRANT OF MORTGAGE. For valuable consIderadon, Gremor mortgage and conveys to Lender all of Grantor's right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings. improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights; royalties, end profits relating to the real property, Including without limitation ell minerals, 011, gas, geothermal and similar matters, (the "Real Property located in UNCOLN County, State of Wyoming: BEGINNING ON THE WESTERLY UNE OF RIGHT OF WAY HIGHWAY• 89 NORTH AT A POINT NORTH 68 DEGREES 06 FEET WEST 332.0 FEET FROM THE CENTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE y 118 WEST. 6TH P.M., AND RUNNING THENCE ALONG SAID WEST LINE OF HIGHWAY 89, SOUTH 20 DEGREES 0 FEET WEST, 99 FEET; THENCE NORTH 55 DEGREES 31 FEET WEST, 254.6 FEET; THENCE SOUTH 78 DEGREES 10 FEET EAST, 249 FEET TO THE POINT OF BEGINNING. The Real Property or its address is commonly known as 40 HYW 89, ALPINE, WY 83128. Grantor presently assigns to Lander all of Grantor's right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rants. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND 110 PERFORMANCE OF ANY AND AU. OBUGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any 'one action* or "entl•deficlency' law, or any other taw which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lander is otherwise entitled to a claim tor deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of axle. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage Is executed et Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter Into this Mortgage and to hypothecate the Property; Id the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other Instrument binding upon Grantor and do not result in a violation of any law. regulation, court decree or order applicable to Grantor: (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le) Lender has made no representation to Grantor about Borrower Ilncluding without limitation t creditworthiness of Borrowed. PAYMENT AND PERFORMANCE. Except as otherwise provided In tills Mortgage. Borrower shall pay to Lander all Indebtedness secured by this Mortgage as it becomes due. and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 111 remain in possession and control of the Property; (2) use, operate or manage the Property; and (31 collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantor's ownership of the Property, there has bean no use, generation, manufacture, storage, traatmam, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (21 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance an, under, about or from the Property by any prior owners or occupants of the Property, or (ci any actual or threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and acknowledged by Lander in writing, lei neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dlapoaa of or relapse any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation ail Environmental Laws.- Grantor authorizes Lander and its agents to enter upon the Property to make such Inspection and tests, at Grantor's expense, es Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lander shall be for Lender's purposes only end shall not be construed to create any responsibility or liability on the pert of Lender to Grantor or to any other person. The representations end warranties contained herein are based on Grantor's due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes gable for cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless Lander against any and all claims. bases, liabilities, damages, penalties, and expenses which Lender may directly or Indireody sustain or suffer resulting from a breach of this section of the Mortgage or es a consequence of any use, generation, manufacture, storage, .disposal, release or threatened release occurring prior to Grantor's ownership or interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limning the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals llncfuding ell and gas), coal, clay, scoria, soy, gravel or rock products without Lender's prior written consent. Removal of Improver. Grantor shall not demolish or remove any Improvements from the Real Property without Lander's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value. MORTGAGE Loon No: 761001445 0925284 (Continued) 000277 Pogo 2 Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Lender's interests and to inspect the Reel Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances. and regula one, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding. Including appropriate appeals. an long as Grantor has notified Lender in writing prior to doing so and so long es, in Lender's solo opinion, Lender's bnereaa in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Larder's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shag do ell other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pert of this Mortgage: Payment. Grantor shall pay when due land in all events prior to dagnquency) ail taxes, payroll taxes, spatial taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and stall pay when due all claims for work done on or for aervicae rendered or material furnished to the Property. Grantor shalt maintain the Property free of any Ilene having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes end assessment, not due as further specified In the Right to Contest paragraph. Right to Comsat. Grantor may withhold payment of any tax, assessment, or clelm in connection with a good faith dispute over the obligation to pay, re long es Lender's Interest In the Property le not jeopardized. If a lien arises or le filed es a result of nonpayment, Grantor shall within fifteen (15) days after the son arises or, if a lien is flied, within fifteen 1151 days after Grantor has notice of the filing, secure the discharge of the lien, or R requested by Lander, deposit with Lender cash or a sufficient corporate surety bond or other security satidactory to Lander In an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale order the Lien. In any contest. Grantor shag defend itself and Lender and shall satisfy any adverse Judgment before enforcement against tha Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Conetructton. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property. if any mechanic's lien, materialmen's lien, or other loan could be asserted on account of the work, services. or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the coat of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the fug insurable value covering all Improvements on the steal Property in an amount sufficient to avoid application of any coinsurance clause, end with a standard mortgagee clause In favor of Lender. Grantor shall also procure and maintain comprehensive general ilebeity inswanca in such coverage amounts as Lender may request with Lender being named se additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance es Lender may require. Policies shalt be written by such Insurance companies and in such form as may be reasonably acceptable to Lender, Grantor shell deliver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty 130) daya'.prior Written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each Insurance policy also shall include an endorsement praviding that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard. area, Grantor agrees to obtain and maintain Federal blood insurance, If available, for the fug unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the arm of the loan. Application of Proceeds. Grantor shag promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $1.000.00. Lander may make proof of loss If Grantor Calls to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive end retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan effecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the demeged or destroyed Improvements In a manner satisfactory to Lender. Lender shall upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoreton if Grantor Is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender hes not committed to the repair or restoration of the Property shalt be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially effect Lender's interest in the Property or If Grentor fails to comply with any provialon of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may Ibut shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discherging or paying ell taxes, liana, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all coats for Insuring, maintaining and preserving the Property. All such expenditures incurred or pale by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of re payment by Grantor. Alt such expersaa will become a part of the hdebtedneaa end, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be epponioned among and be payable with any installment payments to become due during either 1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be doe and payable et the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other righ a and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are part of this Mortgage: Title. Grantor warrants that (al Grantor holds good and marketable title of record to the Property In fee simple, hoe and clear of ell liana and encumbrances other than those eat forth In the Real Property description or in any title Insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender In connection with this Mortgage, and lb) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of This. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the Interest of Lender under this Mortgage. Grantor shall defend the action at Grantor's expanse. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to particlpate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice. and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations. warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shag remain In full force and effect until such time as Borrower's Indebtedness shall be pail In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Mortgage: Froceedinge. If any proceeding in condemnation is flied, Grantor shag promptly notify Lender In writing, and Grantor shell promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Its own choice, and Grantor ts_ MORTGAGE Loan No: 761001445 03z5284 (Continued) 000219 will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from lime to time to permit such participation. ApplIcadon of Net Proceeds. if aU or any pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in Neu of condemnation, Lender may at Its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shag mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lander In connection with the condemnation. IMPOSmON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AIJfHORmES. The following provisions relating to governmental taxes, teas and charges area part of this Mortgage: Currant Taxes. Fess and Charges. Upon request by Lender, Grantor shall execute such documents in addition to thin Mortgage and take whatever ether action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shell reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage, including without limitation all taxes, foes, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which lids section applies: (11 a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (21 a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; end (4) a specific tax on all or any portion of the indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If eny tax to which this section applies Is enacted subsequent to the data of this Mortgage, this event shall have the same affect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the lax before it becomes delinquent, or 12) contests the tax as provided above In the Texas and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a pert of this Mortgage: Security Agreement This instrument shag consthuia a Security Agreement to the extant any of the Property constitutes fixtures, and Lender shell have ail of the rights of a secured party under the Uniform Commercial Code as amended from time to Limo. Security Interest. Upon request by Lander, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage M the real property records, Lander may, at any time and without further authorization from Grantor, file executed counterparts; copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for ell expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, saver or detach the Personal Property from the Property. Upon default, Grantor shell assemble any Persons' Property not affixed to the Property to a manner and at a place reasonably convenient to Grantor and Lander and make it available to Lender within three (31 days after receipt of written demand from Lander to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Mortgage may be obtained leech as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES: ATTORNEY-IN -FACT. The following provisions relating to further assurances and attorney -In -fact are a part of this Mortgage: Further Assurances. At any Ume, and from time to time, u request of Lander, Grantor will make, execute end deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgagee, deeds of test, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue. or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents. and 12) the Ilene and security interests created by this Mortgage es first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expanses Incurred in connection with the matters referred to in this paragraph. Attomay4n Fact. If Grantor faits to do any of the things referred to in the preceding paragraph. Lender may do no for end in the name of Grantor end at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney- in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when dux, and Grantor otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and delver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any fnenclng statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to meke any payment when due under the indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Borrower or Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained In this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lander and Borrower or Grantor. Default in Favor of Third Pales. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf tinder this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading et any time thereafter. Dafeetive Cogsterelizadcn. This Mortgage or any of tie Related Documents ceases to be in full force and effect (including failure of any collateral document to creme a valid and perfected security interest or lien) at any time end for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continua Is medal any member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's existence as a going business or the death of any member, the Insolvency of Borrower or Grantor. the appointment of a recelver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Borrower's or Grantor's ece0unts, including deposit accounts, with Lander. However, this Event of Default shall not apply If there Is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of Atha claim which Is the basis of the creditor or forfeiture proceeding end if Borrower or Grantor gives Lander written notice of the creditor orforfeitura proceeding and deposits with Lender monies ore surety bond for the creditor or forfeiture proceeding. In an amount determined by Lender, in its sole discretlon,'es being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied whhrn any grata period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or�any 000278 Page 3 Loan No: 761001445 03Z5284 MORTGAGE (Continued) 000279 Ann ?A Page 4 Guarantor dies or becomes incompetent. or revokes or disputes the validity of, or lability under, any Guaranty of the Indebtedness. In the event of a death, Lender, st its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty In s manner satisfactory to Lender, and. in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the indebtedness h impaired. Insecurity. Lander In good faith believes Itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and et any time thereafter, Lander. at Lender's option. may exercise any one or more of the following rights and remedies, M addition to any other right or remedes provided by taw: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable, including any prepayment penalty which Grantor would be required to pay. UCC Remedies. With respect to all or any part of the Personal Property, Lander shall have all the rights and remedies of a secured party under the Uniform Commercial Coda. Collect Rents. Lander shall have the right, without notice to Borrower or Grantor, to take possession of the Property, Including during the pendency of foreclosure, whether judicial or nomludicial, and collect the Rents, including amounts past due end unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,. then Grantor irrevocably designates Lender es Grantor's attomey-in -fact to endorse instruments received In payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in reaponee to Lender's demand shall satisfy the obligations for which the payments ere made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either M person, by agent, or through a receiver. Appoint Receiver. Lender shell have the right to have a receiver appointed to take possession of all or any pert of the Property, with the power to protect and preserve the Property, to eparete the Property preceding foreclosure or sole, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtednees. The receiver may serve without bond If permitted by taw. Lender's right to the appointment of a meaner shalt exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from carving as a receiver. Judicial Foreclosure. Lender may obtain e judicial decree foreclosing Grantor's interest In all or any part of the Property. NonJudicial Sete. Lender may foreclose Grantor's Interest In all or in any pert of the Property by non judicial sale, and specifically by "power of sale' or "advertisement and soh' foreclosure as provided by statute. Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining M the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided In thls section. Tenancy at Sufferance. If Grantor remains M posseasion of the Property after the Property is sold as provided above or Lender otherwise becomes emitted to possession of the Property upon default of Grantor, Grantor shell become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either It pay a reasonable rental for the use of the Property, or (21 vacate the Property Immediately upon the demand of Lender. Other Remedies. Lander shall have all other rights and remedies provided M this Mortgage or the Note or available at law or In equity. Sale of the Property. To the extant pertained by applicable law, Borrower and Grantor hereby waive any end el tight to have the Property marshalled. In exercising Its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, M one sale or by separate sales. Lender shall ba entided to bid at any public sale on all or any portion of the Property. Notice of Sala. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sole of the Personal Property may to made in conjunction with any labs of the Rost Property. Election of Remedies. Erection by Lender to pursue any remedy shall not exclude purault of any other remedy, end an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform. shell not affect Lender's right to declare a default and exercise ha remedies. Nothing under thla Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or resirict the rights and ability of lender to proceed directly against Grantor a01 /or Borrower and /or against any other ca-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any net or action to enforce any of the terms of tins Mortgage, Lander shall be entitled to recover such sum as the court may adjudge reasonable es ottoman' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extant not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights ahall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without' limitation, however subject to any limits under applicable law. Lender's reasonable attorneys' fees end Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, end any anticipated post judgment collection services, the cost of searching records; obtaining title reports including foreclosure reports), surveyors' reports. and appraisal fees end title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs. in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shell be given in writing, and shall be effective when actually delivered. when actually received by telefacsimla (uMess otherwise required by law1, when deposited with a nationally recognized overnight courier, ar, if mailed, when deposited in the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown neer the beginning of this Mortgage. Al copies of motions of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there Is more then one Grantor, any notice given by Lender to any Grantor he deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Mortgage: Amendments. This Mortgage. together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the slteredon or amendment. Annual Reports. If the Property is used for purposes other then Grantor's residence, Grantor shell furnish to Lender, upon request, e certified statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shall require. 'Net operating income' shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governkm Law. This Mortgage will be governed by federal law applicable to Lander and, to the extent not preempted by federal law, the laws et the State of Wyoming without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender In the Stet of Wyoming. Choice of Verse. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Lincoln County, State of Wyoming. Joint end Several Liability. Al obligations of Borrower and Grantor under this Mortgage shell be joint and several, and all references to Grantor shall mean each and every Grantor, and ail references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible fur all obligations In this Mortgage. Where any ono or more of the parties Is e corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to Inquire into the powers of any of the officers, directors, Partners, Initials InRiabe MORTGAGE Loan No- 761001445 0925284 (Continued) members. or other agents acting or purporting to act on the entity's behalf, end any obligations made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Mortgage. No Waiver by Lender. Lender stall not be deemed to have waived any rights under this Mortgage unless such waiver b given In writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shag operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Larder's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No pdor waiver by Lender, nor any course of dealing between Lender and Grantor, shalt constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to tiny future transactions. Whenever the consent of Lender is required under this Mortgage. the granting of such consent by Lender In any instance shag not constitute continuity consent to subsequent Instances where such consent is required and in all caws such consent may be granted or withheld In the sole discretion of Lender. Ssverabliity. if a court of competent jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or unenforceable ea to eny person or circumstance, that finding shag not make the offending provision illegal. invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomea legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or =enforceability of any provision of this Mortgage shalt not affect the legality, validity or enforceability of any other provision of this Mongage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other Interest or estate In the Property et any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Successors and Assigns. Subject to any frmitetlons stated M this Mortgage on transfer of Grantor's Interest. this Mortgage shag be binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal With Grantor's successors with reference to tide Mongage end the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time fs of the Essence. Time is of the essence In the performance of this Mortgage. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption lawn of the State of Wyoming as to ail Indebtedness secured by this Mortgage. DEFINITIONS. The following capitalized words and terms shell have the following meanings when used In this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used M the singular shag include the plural, and the plural shall include the singular, as the context may require. Words and twins not otherwise defined in this Mortgage shall have the meentngs attributed to such terms In the Uniform Commercial Code: Borrower. The word 'Borrower' means THE COFFEE CABIN, LLC and Includes all co-signers and co -makers signing the Note and all their successors and assigns, Default. The word 'Default' means the Default set forth In this Mortgage In the section tided "Default'. Environmental Laws. The words 'Em'irorvnantal Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of htanan 1eaith or the environment, Including without limitation the Comprehensive Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601. et u erfrindtA on en Ren end Reauthorization Act of 1986, Pub. L. No. 99499 PSARA'), die Hazardous Materials Transportation Act, 49 U.S.C. ection 1801, et seq the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or ether applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default' mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage, Grantor. The word 'Grantor" means THE COFFEE CABIN, LLC; and JOHN R THOMAS. Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or ell of the Indebtedness. Guaranty. The word 'Guaranty" means the guerenty from Guarantor to Lender, Including without limitation a guaranty of an or part of the Note. Hazardous Substances. The wards 'Hazardous Substances" mean materials that. beeausa of their quantity. concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improparfy used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The word, 'Hazardous Substances' are used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materiels or waste es defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbeatoa. Improvements. The word 'Improvement' means all existing and future Improvement, bugdings, structures, mobile homes affixed on the Reel Property, faciittes. additions, replacements end other construction on the Real Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amount, costs and expanses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of end substitutions for the Note or Related Document and any amount expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage. together with interest on such amounts as provided In this Mortgage. Lender. The word 'Lender' means 1st Bank, it successors and assigns. Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender. Note. The word "Not,' means the promissory note dated December 6, 2006, in the original principal amount'ut;$406 1,14.00': from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, 'and substitutions for the promissory note or agreement. The maturity date of this Mortgage is December 6, 2026. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of 'personal property now or hereafter owned by Grantor. and now or hereafter attached or affixed to the Real Property; together with all accessions, ports, and additions to, ail replacements of, end all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurence proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means coflectivsly the Real Property and the Personal Property. Real Property. The words 'Real Property' mean the real property, interests and rights, as further described In this Mortgage. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreement, loan agreement, environmental agreements. guaranties, security agreement, mortgages, deeds of trust, security deeds, cdistrel mortgagee, and ell other instruments, agreements and documents, whether now or hereafter exIsting, executed In connection with the indebtedness. Rents. The word 'Rents' moans all present and future rents, revenues, income. Issues, royalties, profits, and other benefits delved from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: THE COFFEE it OMAS 000221 0002 80 Page 5 MORTGAGE Loan No: 761001445 092528 (Continued) 0022 Page 6 STATE OF WYOMING COUNTY OF Lincoln By Notary Public LIMITED LIABILITY COMPANY ACKNOWLEDGMENT Site of Wyoattng iSS ,.w TO ,m.,oc<. r +r.e..... WY ar.+...ow.nwnmox mxw PENNY JONES iatAltrPU9uc STATE OF LINCOLN ;1;., WYOMING vfca*gssI NENNEssEP1HBER le MO Residing at Lincoln County My commission expires 9/18/07 on this 6th day of December 20 06 before me, the undersigned Notary Public, personalty appearad JOHN R THOMAS, at THE COFFEE CABIN, LLC. and known to me to be a member or designated agent of the Pmited liability company that executed the Mortgage and acknowledged the Mortgage to be the free and voluntary act and deed of the limited liability company, by authority of statute. its articles of organization or its operating agreement, for the uses and purposes therein mentioned, and on oath stated that Is authorized to ute this Mortgage and in tact executed the Mortgage on behalf of the limited Milky company. Initials initials 000281 ps, atu'rt Account Nrtrfc)pat. io�l !pate Loan No t ail iqt� x Q Ofi „714:00.. 6 1 6 761001445.SF References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan o i km Any item above containing has been omitted due to text length limitations. ffloer �iritfiat Borrower: THE COFFEE CABIN, LLC JOHN R THOMAS 17779 HWY 89 ALPINE, WY 83128 PROMISSORY NOTE Lender: 1st Bank Alpine 100 Greys River Rd. P.O. Box 3110 Alpine, WY 83128 (307) 654-3629 000282 �L Principal Amount: $406,114.00 initial Rate: 13:250%' Date of Note: December 6, 2006 PROMISE TO PAY. THE COFFEE CABIN, LLC: and JOHN R THOMAS "Borrower jointly and severally promise to pay to 1st Bank "Lender or order. in lawful money of the United States of America. the principal amount of Four Hundred Six Thousand One Hundred Fourteen 001100 Dollars (5406,114.00), together with interest on the unpaid principal balance from December 6, 2006, until paid In full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in 240 payments. of $3,491.07 each payment. Borrower's first payment is due January 6, 2007, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on December 6, 2026, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law. payments will be applied first to any accrued unpaid interest; then to principal: then to any late charges: and then to any unpaid collection costs. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based an changes in an independent index which is the The base rate on corporate loans posted by at least 75% of the nation's 30 largest banks. (the "Index The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each 3 years (the "rate change event Borrower understands that Lender may make loans based on other rates as well. The initial rate is based on the index as of December 6, 2006 which was 8.250% per annum. Initially, the interest rate to be applied to the unpaid principal balance during this Note is 8.250%. After the first rate change event, the interest rate to be applied to the unpaid principal balance during this Note will be at a rate equal to the index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are eamed fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default). except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not. unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full 'without recourse or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: 1st Bank, Alpine, 100 Greys River Rd., P.O. Box 3110, Alpine, WY 83128. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or 510.00. whichever is greater. INTEREST AFTER DEFAULT_ Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default "Event of Default under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with Or to pertorm any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Nate or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and it Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetert, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable.attorneys' fees and legal expenses, whether or not there is a lawsuit, including without limitation all reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Wyoming without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Wyoming. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Lincoln Cou ty State of Wyoming. PROMISSORY NOTE Loan No: 761001445 (Continued) Page 2 DISHONORED ITEM FEE. Borrower will pay a fee to Lender of 125.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking. savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender. to the extent permitted by applicable law, to charge or setoff at sums owing on the indebtedness against any and all such accounts, and. at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated December 6, 2006, to Lender on real property located in LINCOLN County, State of Wyoming. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL_ PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest an the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; Id) apply such security and direct the order or manner of sale thereof, including without limitation. any non judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (el release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose, and (1) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor, Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are Joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWER: THE COFFEE CABIN:'I.LC -JOHN Ft-THOMAS JOHN :P. "THOMAS, Individually LENDER: 1ST BANK Penny Jones,_Sr9gch Predident ,.w. fao Lord.fl. V.. s.m.uo- o. c.... r..,,rs*m W. mod ..•w. -WY o:.v.sew.ww,ri+w.•amx ra.mr 000263 N rl r9 rr r1 rg D N nJ 111 1= D 0 0 nJ 0 r9 ir 0 N ru ru 0 D 0 0 ir ru 0 0 r1 D V. TM CERTIFIED MallillrECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For elivery information visit our website at www.usps.com„ AOEFY Fit CIAL USE $0,78 $2..80 $7.30 $0.00 Total Pc Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 2 02/17/2011 Sent To John R. Thomas Wr"WeT,;* P.O. Box 3395 or PO Bo, Alpine, Wyoming 83128 PS Form ee everse or nstructions U.S. Postal Service,,, CERTIFIED MAILT,, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For gelivery information visit our website at www.usps.corop 0 1AL USE $0.70 City, Stak Sent To Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsem Total Pat John R. ThomaA Registered Ageiii The Coffee Cabin LLC Street, Apt. 313 Drake River Drive or PO Box City, State, P.O. Box 3395 Alpine, Wyoming 83128 04970 /037 postriO4( Heff D r Instructions. U.S. Postal ServiceTM CERTIFIED MAIL,„ RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.comD $0.78 $2.60 $2.30 10.00 (Y: Posted5fic /Peri Total Pc 02 2. 1- 4g;',0 The Coffee Cabin LLC Sent To John R Thomas A E 6 17779 Highway 89 CIty,.Staft Alpine, Wyoming 83128 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) DIMNIMMUMIIIIMEEmmu 000284 AFFIDAVIT OF MAILING OF NOTICE OF FORECLOSURE SALE John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law, deposes and says: 1. That he is an attorney generally admitted to practice law within the State of Wyoming; that he is one of the attorneys for and is representing 1 Bank of Alpine, Wyoming, in its foreclosure of that certain mortgages dated December 6, 2006, made, executed, and delivered by The Coffee Cabin LLC, as Mortgagor, to 1 Bank, Alpine, Wyoming, as Mortgagee, which Mortgage was filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming on December 13, 2006, in Book 643, at Page 217 et. seq. 2. That on March 4, 2011, he deposited in the United State Post Office at Pinedale, Wyoming, Notice of Foreclosure Sale, hereinafter set forth, postage prepaid and address and sent by certified mail, to the following persons, at their last known address, they being the owners of record and persons in possession of the mortgaged premises: The Coffee Cabin LLC John R. Thomas 17779 Highway 89 Alpine, WY 83128 John R. Thomas Registered Agent The Coffee Cabin LLC 313 Drake River Drive P.O. Box 3395 Alpine, WY 83128 John R. Thomas P.O. Box 3395 Alpine, WY 83128 Mountain West Small Business Finance c/o Corporation Service Company 1821 Logan Avenue Cheyenne, Wyoming 82001 Mountain West Small Business Finance Wm. Frisby 2072 North Main, Suite 205 North Logan, UT 84341 Mountain West Small Business Finance 2595 E. 3300 South Salt Lake City, UT 84109 000205 3. That on March 4, 2011, he deposited in the United State Post Office at Pinedale, Wyoming, Notice of Foreclosure Sale, hereinafter set forth, postage prepaid and address and sent by certified mail, to the following holders of recorded mortgages and liens subordinate to the mortgage being foreclosed: 4. That a true copy of said Notice of Foreclosure Sale is attached hereto, marked "Exhibit B and by this reference made a part hereof. DATED this 1 day of April, 2011. State of Wyoming County of Sublette :ss Subscribed and sworn to before me this day of April, 2011, by John P. LaBuda. Witness my hand and official seal. My commission expires: 6/9JF/ 1( 000206 Jeannie Whinnery Notary Public State of Wyoming My Commission Expires 6/24/2014 NOTICE OF FORECLOSURE SALE 000287 WHEREAS, the power of sale in the following- described Mortgage, duly recorded as hereinafter specified, having become operative by the default in a condition of such Mortgage by the Mortgagor, and no suit or proceeding having been instituted to recover the debt thereby secured, or any part thereof, 1st Bank, Alpine, Alpine, Wyoming, the Mortgagee therein, hereby states and gives notice that: 1. The aforesaid Mortgage, dated December 6, 2006, was filed of record on December 13, 2006, Receiving 925284, in Book 643, Page 217 et. seq., in the Office of the County Clerk and Ex- Officio Register of Deeds in Lincoln County, Wyoming. 2. That written notice of intent to foreclose the aforesaid Mortgage by advertisement and sale has been served upon The Coffee Cabin, LLC, as record owner and person in possession, and John R. Thomas, as guarantor, by certified mail with return receipt, mailed to the last known address of said record owner, guarantor, and person in possession on the 17th day of February, 2011. 3. The amount claimed to be due on said Mortgage as of February 1, 2011, for principal, interest, and late fees, is the sum of $394,529.26 together with all accruing interest at the rate of $77.36 per day, advances, attorney fees, costs, fees, and expenses of foreclosure. 4. The mortgaged premises are described as: Beginning on the Westerly line of right of way Highway 89 North at a point North 68° 06' West 332.0 feet from the center of Section 29, Township 37 North, Range 118 West, 6 P.M., and running thence along said West line of Highway 89, South 20° 0' West, 99 feet; thence North 55° 31' West, 254.6 feet; thence South 78° 10' East, 249 feet to the point of beginning. Together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith, subject, however, to all mining, mineral and other exceptions, reservations, covenants, conditions, and rights of way record. 5. That by virtue of the power of sale contained therein, said Mortgage will be foreclosed by sale of the above described mortgaged premises, or so much thereof as may be necessary, at public venue, at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming, by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming, at 10:00 A.M. on Tuesday, April 12, 2011, to satisfy the aforesaid amount, and accruing interest, advances, costs, fees and expenses of foreclosure. 6. Pursuant to Wyoming Statute 1- 18- 101(b), "The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid." DATED this 4th day of March, 2011. PUBLISH: March, 10, 17, 24, and 31, 2011 /s/ John P. L t uda LaBuda Law Office, P.C. P.O. Box 1240 Pinedale, Wyoming 82941 (307) 367 -3927 Wyoming State Bar No. 5 -2966 r n u n n d 3 0 R CERTIFIELTM RECEIPT (Dttmesfic Matl CMPrIB Coverage Provided) For delivery information visit our website at www.usps.como $2.80 $2.30 $0.00 U S E 0493 Postage Certified Fee Return Receipt Fee. (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tot-' $5.54- 03/04/2011 Mountain West Small Business Sen Finance Utre c/o Corporation Service Company c 1821 Logan Ave Cheyenne, Wyoming 82001 PS' U S Postal Service CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) nstructions For'detivery,inforntation visit our website at www.usps.como i LO ttl lll4 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $0.44 $2.80 $2.30 $0.00 i 4493 Total $5:9 3/ /2011 Mountain West Sma't" Business Sent Finance Street, Wm. Frisby (Senior Vice President) "PC) 2072 North Main Suite #205 City, S North Logan, UT 84341 lan ikagustota U.S: Postal Service TM CERTIFIED MAIL, RECEIPT (domestic Mail Only; No Insurance Coverage Provided) For delivery`informetiun visit' our website at www.usps.comn $0.44c $2.801 $2.30 $0.00 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) or 2595 E 3300 South city, Salt Lake City, UT 84109 Total a•... 45.54 03/04/2011 Sent Mountain West Small Business Finance tT;, 0 N rU m 0 O O r3 i� 0 N .11 N N m D CI 0 a N m ru N -n IU m C3 t J D O N rR C3 RTIFIED MAIL. RECEIPT mil estic Mail Only; No insurance Coverage Pr For delivery information visit our website at www.usps.comm $2.30 $0.00 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P( John R. Thomas Sent To Registered Agent The Coffee Cabin LLC Street, Ai 313 Drake River Drive or PO Bo p.0. Box 3395 City, Stat Alpine, Wyoming 83128 PS Form 3800. August 2006 U.S. Postal ServiceTr CERTIFIED IMIAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ctions 'r For delivery information visit our website at www.usps comet 30.44 $2.80 $2.30 $0.00 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pon Sent ro Street Apt. or PO Box City, State, $554 037047011-' The Coffee Cabin LLC John R Thomas 17779 Highway 89 Alpine, Wyoming 83128 U.S. Postal ServiceTM CERTIFIED MAILT,; RECEIP (Domestic Mail Only; No insurance Coverage Protided For delivery information visit Our website at www.usps,comm $2.8 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tota' Sent, John R. Thomas street Box 3395` orPO Alpine, Wyoming 83128 City, $5.54 $2.30 $0.00 $5:54 03/0 ee •eversec or nstructiohs g I T j z: ,Postirlark ANTE/ 03/04/2011 000288