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HomeMy WebLinkAbout959187RECORDATION REOUESTEO 6Y Commerce Bank of Wyoming, o branch ww"orask^*m National Bank 1675 Dower Drive, Suite 1vn ,o Box mmu Rock Springs, w, usmn` WHEN RECORDED MAIL TO; Commerce Bank of Wyoming, obra National Ban ,srx Dewar Drive, Suite 100 PO Box 3000 Rock Springs, Wvu2on, SEND TAX NO110ES TO; Commerce Bank Wyoming, m branch anebrmka Land Notional Bank 1675 Dewar Drive. Suite `oo pn Box 3vvv Rook yn*ms,wr RECEIVED 5/5/2011 at 2:48 PM RECEIVING 959187 BOOK: 766 PAGE: 376 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000376 _sPAcE ABOVE 'CRIB LINE wEciR RECORDER'S USE NL, ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated May 5, 2011.mmade and executed between Sierra Homes Construction, Inc. whose address is 470 N 2*50 W nemnwon, UT 84341/ A Utah Corporation (referred to below as "Grantor") and Commerce Bank of Wyoming, a branch of NebraskaLand National mwox, whose address is 1575 Dewar Drive, Suite 1$0, PO Box 3000, Rock Springs, WY 82e01 (referred to below as ^L*"u*~^). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in. and conveys to Lender &1 of Grentor's ri9ht. titia, and interest in and to the Rents from the following described Property located in Lincoln County, State of Wyorning; ALL OF LOT 4 IN BLOCK 4 OF THE ANTELOPE RIDGE SUBDIVISION, PHASE 1, RECORDED AUGUST 10, 2007 AS DOCUMENT NO. 932059, IN ThE OFFICE OF THE CLERK, LINCOLN COUNTY. WYOMING The Property or it address is commonly known as 214 Hams Fork Drive, Kemmerer, WY 83101. The Property tax identification number 15 12'2116'14-3'00'014.00. nnunn addition to the Note, this Assignment secures ell obligations, debts and liabilities, plus interest thereon, m Grantor to Le de or any one or inore of them. as well wall claims by Lender against Grantor m any one or more of °w"'*°, now existing hereafter ris/ whether related or unrelated m*" purpose the Note, whether voluntary otherwise, whether due not due. direct or indireet, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor liable individually Jointly with others, whether obligated as guarantor, Surety, accommodation of Otherwise, and whether recovery upon such amounts new m,° hereafter may become barred by Any statute limitations, and whether ow obligation repay such amounts "~rb°"' hereafter "=v become otherwise unenforceable, FUTURE ADVANCES. In addmon to the Note, this Assignment secures afi future advances made o, Lender w Grantor whether or not ,^v advances are Made pursuant to*commitment. Specifically, without limitation, this Assignment secures, addition the amounts specified m the Note, all 'future amounts Lenm",in/*m"cwo=m,,/w"'"nwwwr, together with all interest thereon, THIS ASSIGNMENT m GIVEN roSECURE v, PAYMENT oF THE INDEBTEDNESS AND (2) PERF0RMANC OF ANY ANI) 41,1 O8LIGATIONS OF GRANTOR VNOER THE NOTE, ThIS ASSIGNMENT. ANO THE R#LATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED uw THE FO LOWING TERMS PAYMENT AND PERFORMANCE. Except as otherwise =u°^ed in this Assignment n*m^ Documents, s^°,cy°*a."to,~,u",°" emounts secured by this Assignment as they become due. and ehall strictly perform all of Grantor's obligations under this Assignment. Unless and unte Lender exerciees ita right to collect the Rents at provided below and so long as there is no default under this Assignment, Grantor may remain in possession end control of end operate and manage the Property end collect the Rents, provided that the granting of the right to collect the Rents shalt not constitute Lender's cement to the uSe of cash collateral in a bankruptcy pitnea, ding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor °o"em*that: Ownership. Grantor is entitled w receive the Rents free arid clear m all rights, loans, liens, ""c.°*,*c^m. and clowns except ",disclosed m and accepted b, Lender mwriting, Right m Anion. Grantor has the full right, power and authority to enter into this Assignment and assign and convey the Rents t" Lander, w" Prior Assignment. Grantor hats not »w,io"w assigned conveyed the Rents to any other person any instrument now forc No Further Transfer, Grantor will not sell, assign, encumber, or otherwise dispose of any "/Grantor's rights in the Rents m**»' 05 provided in this Assignment, LENDER'S RIGHT nn RECEIVE AND COLLECT RENTS. Lender shall have the right w, any erne, and even though v default shall have *=".,^u .nd^,^is'wsignmn",.to*mn"^,mnd,"v.^°m"n""m.For this purpose, Lender is hereby given and granted the xwnwi"n rights. powers and authority: Notice to Tenants. Lender may send notices to any and all tenants a the Property advising them m this »*sig*"*, and directing mvRents to be pom directly m Lender u, Lender's agent. Enter the Property. Lender and take possession 01 the Property: demand, collect and receive from the tenants o, nom any other persons liable therefor, all m the Rents; institute and carry o°^^ legal proceedings necessary for the protection v' the Property, including such proceedings as may ,w necessary to recover pwe°".a"of the Property; collect the Rents and remove any tenant tenants m other persons from the Property, Maintain the Property. Lender may enter upon the maintain the Pr the same repair. w pay the *m'*mw"u/ and services all "."mv".. including their equipment, and m all continuing costs and expenses maintaining the Property w proper repair and condition, and also m pay all taxes, assessments and water ^mmw. and the premiums fire and other inw*nc^ effected by Lender the Property. Compliance vvith Laws. Lender may v" any and ell m comply with 111 laws ol the State of Wyoming and also all other Jews, rules, orders, ordinances and requirements mall other w°w,="enm^o,nc*"offee'/"u the ,'uPenv. Lease the Property. Lender may rent or le"se/w^who*er,nvno"m Property for such term v, terms and such conditions Lender may deem appropriate. Employ Agents. Lender May wig"gesuch agent or egents as Lender may deem appropriate. either m Lender's name ^,inGrantor 10 rent and m*""oe the Property, including the collection and ",*ic*ion"+Rants. oth°A"m. lender may ,m all such other things and Acts with respect the property a, Lender may deem appropriate arid may act "xc/=i""*""d solely in the place end stead Grantor and m have all 01 the powers v'm""w, tor the purposes .m,°^above. wo Requirement mAct. Lender shall nol be requ 10 do any ot 1h foregoing acts things, and the fact that lender shalt have performed one n, more the mregn/"o acts things shall not require Lender ,"o" any other ","cwic act =thing. 000377 ASSIGNMENT OF RENTS Loan No: 60826 (Continued) Page 2 APPUCATIQN OF RENTS. Ail costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs end expenses from the Rents. Lender, in its sole diecretion, shall determine the application or any and all Rents received t)y it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebteaness. Ali expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a parr of the Indebtedness secured by th Assignment, and shall be payable on demand, with interest at the Nets, nue from dale of expenditure one! paid, FULL PERFORMANCE. If Grantor pays ad of the Indebtedness when duo and otherwise performs ell the obligations imposed upon Grantor under this Assigement, the Note, and the Rotated Dacuments, Lender shall execute and deliver to Gracile( a suitable satisfaction of this Aseigninent and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, it permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would meteriatly affect Lender's interest in the Popery or it Grantor fails to comply with any provision of this Assignment or any Related Documents, including but nO1 Whited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay ureter this Assignment or any Related Documents, Lender on Grantor's behalf may tbut shalt not be oblogated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all cot e for insuth ng. mainteining and preserving the Property. All such expenditures incurred or paid by Lender lor such purposes will then bear interest the rate charged under the Note from the date incurred or paid oy Lender to the date of repayment by Grantoi. M such expenses will become a part of die Indebtedness and, at Lender's option, will (A) be payable o, demand; Mt be added to the balance of he Note and be apportioned among and be payable with any installment payments to become due during either 1 1 the term of any applicable int:urn polity; or (21 the remaining teem of the Nom; or (Ct he treated as a balloon payment which will be due end payable at the Note'e maturity, The Assignment also will secure payment of (hose amount», Such debt shell be in addition to all other rights and remedies to which Lender may be entitled epon Default. DEFAULT. Each of the following, at Lender's option, ettell constitute an Event of Default under this Assignment; Payment Default. Grantor fails to make any payment when due under the Indebtednefie, Other Defaults. Grantor fails to comply with or to perform era/ other term, obligation, covenant or condition contained in dee Assignment or in any of the Related Documents or to comply with or to perform any lures obligation, covenant or condition contained in any other agreement between Lender and Greeter. Default on Other Payments. Failure of Grantor within the time required by his Assignment to metro any payment' for taxes or insurance, on any other payment necessary to prevent filing of o to effect discharge of any lien, False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantors behalf under Iles Assignment Ot the Related Determents is false or misleading M any material respect, either now Of at the time Made or furnished or becomes false or misleading at any time thereafter, Defective Collaterakzation, 'this Assignment or arty of the Rotated Documents ceases to be in full force and effect (including failure of any etelateral document to create a valid and perfected security Mterest or Iteni at any time and for any tenon, insolvency. The dissolution or termination of Grantor' existence as a going business, the insolvency of Grantor, the appointment ei a receiver for any part of 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 Grantor, Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, soll repossession or any other method. by any creditor of Grantor or by any governmentel agency against the Rents or any property securing the indebtedness. This include's a garnishment of any of Grantor's accounts, including deposit accounts, with Lender, However. this Event of Default shall not apply 3 there LS a good faith dispute by Grantor as to the validity Of reasonableness of the claim which M the basis of the oreditor or forfeiture proceeding and 11 Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with lender monies or a surety bond for the creditor Of forfeiture proceeding, in an amount determined by Lender, in its sole thscretion, as being an adequate reserve or bond for the dispute. Property Damage or Lose, The Property is lost. etolen, substantially damaged, sold, or borrowed egainst. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor ot any ol the Indeteedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness, Adverse Change. A fflOtelibl adverse Change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired, htsecurIty. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Grantor has not been given notice of a breach ol the same provision of this Assignment within the preceding twelve 1121 months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: Ill cures the default within fifteen 1151 days; or (2) if the cure squires more than lifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to he sufficient to cure Ole default and thereafter continues and completes ell reasonable and necessary steps sufficient to produce compliance as soon es reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exerciee any one or more of the following rights and remedies. in addition to any other rights or remedies provided by law; Accelerate foldebtednese, 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 that Grantor would be required to pay. Collect Rents. I. ender shall have The right, without notice to Grantor, to take possession of the Property and collect the Rents. includevg amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtednese. Iri lurtherance of this right. Lender shall have all the rights provided for in the Lenders Right to Receive and Collect Rents Section, above, 11 the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grenter's ettorney-in-fact to endorse instruments received 0 payment thereot in the name of Grantor and to negotiate the same and etaleCt the proceeds. Payments by tenants or Other users to Lender M response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any Proper Woundn for the demand existed. Lender may exercise its rights under thie subperegreph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall hove the right to have a receiver appointed to take poesession of all or any part of the Property, with the power to protect end preserve the Property, to operate the Property preceding foreclosure or sale, end 10 collect the Rents tram the Property and apply the proceeds, ever and above the cost of the receivership, against the Indebtedness, The receive( may serve withota bond a permitted by law, Lender's right to the appointment of a receiver shalt exiet whether or not the apparent value of the Property exceeds the Indebtedness by a substenteri ()movie. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights end remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender te pursue any remedy shell not exclude pursuit of any other remedy, and an election to make exPenrglorell or fre lake action 10 perform an Obligation of Grantor under this Aettignmeet, alter Grantor's failure to perform, shall nor affect Lender's right to declare a default and exereMe its remediee. Attorneys' Fees; Expenses. 11 Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or O01 any court action is involved, and to the extent not prohibited by mew, ail reasonable expenses Lender incurs that in Lander's opinion are necesSary at any (0011 for the protection 01 10 interest or the enforcement of its rights shall become a part of the Indebtedness Payable 00 demand and shell bear intereet 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, Lendeee reasonable attorneys' fees and Lendeee legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or iniont•tlonl, appetite, and any anticipated post-judgment collection services, the coat of searching records, este/tieing title reports finctuding foreclosure reportst, surveyore reports, and appraisal Nee, Pee insurance, and foes for the Trustee, to the extent permitted by applicable law. Grantor also will pay any mot costs, as addition to all other sums provided by law. M*$CELLANEOUS PROVISIONS, The following miscellaneous provistons are p011 01 this Assignment: Amendments. This Aesignment. together with any Related Documents, constitutes the entire understanding and agreement of the parties Loan No 60826 ASSIGNMtfv l yr RENTS (Continued) as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be oft ve orates given in writin and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purpose" only and are not to be used to interpret or define the provisions o1 this Assignment. Governing law, This Assignment win be governed by federal law applicable to Lender and. to the extent riot preempted by federal law, the laws el the State of Wyoming without regard to its conflicts of law provisions. This Assignment has been accepted by Lender In the State of Wyoming. Choice of Venue. If there is a lawsuit, Grantor agrees u pon Lender's tog to Submit to the jurisdiction of the courts of Sweetwater County, State of Wyoming. Merger. There "hall be no merger of the interest or estate crea by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. it I In all rases where there is more than one Borrower or Grantor, then all words used in this Assignment in rite singular shall be deemed to have been used in the plural where the context and construction so require. {21 If more than ono person signs this Assignment as 'Grantor,' the obligations ofesach Grantor are joint and several. This means that if Lender brings a lawsuit, lender may sue any one or more of the Grantors. if Borrower and Grantor are not the same person, lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (31 The names given to paragraphs or sections in this Assignment are for convenience purposes only, They are not to be used to interpret or define the provisions of this Ass No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver i" given in writing and signed by Lender. No delay or °mission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice o constitute a waiver of Lenders tight otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Len ief and Grantor, shall constitute a weaver of any of Lender's rights or el tiny of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Aesignrnent, the granting of such consent by Lender in any instance shalt not constitute contintrirtg Connenf to subsequent instances where such consent is required and in all as such consent may be granted Or withheld in the solo discretion of Lander_ Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when sowtlly delivered, when actually received by telefacsimile (unless otherwise required by taw!, when deposited with a nationally recognized overnight courier. or, it mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment, Any party may change its address for notices under this Assignment 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 agree" to keep Lender informed at all times of Grantor's current address. Ureese otherwise provided or required by raw, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to aft Grantors. Powers of Artornoy. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purpose:: of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Soverabiftty. If a coon of competent jurisdction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to arty circumstance. that finding snail not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. 11 1easible, the offending provision shall be considered modified so that it become" legal, valid amt enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment, Unless otherwise required by law, the illegoety, invalidity, or unenlo'ceabiley of any provision of this Assignment shall not affect the legality, validity or enforoeability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be handing upon and inure to the benefit of the parties. their successors and assigns. If ownership of the Properly becomes vested in n person other than Grantor, Lender, without notice to Granter, may deal with Grantor's successors with reference to this Assignment and the udebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indehredneee. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead esuttmption laws of the Stare of Wyoming as to all lndeblodness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SAL[ UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and forme shall have Inc following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Status of Am °rice. Words and terms used in the singular shall include the plural, and the plural shall include the singular, es the context may require. Words and terms not otherwise defined en this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word 'Assignment' moans this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be aMended or modified from erne to time, together with ell exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower means Sierra !tomes Construction, Inc.. Default. The word 'Default' means the Default sat forth in this Assignment in the section rifled DeIautt`. Event of Default. The words 'Event of Default' moon any of the events of default set forth in this Assignment in the defaul t. seciiron of This Assignment. Grantor. The word 'Grantor' means Sierra Harnos Construction, Inc.. Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty.. The word "Guaranty' means the guaranty from Guarantor to Lender. ineluding without limitation a guaranty al all or part of the Note. Indebtedness. The word 'Indebtedness' means 80 principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with al renewals of. extensions of, modifications of, consolidations of and subotitutions for the Note of Related Documents and any amount, expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such marmite as provided in this Assignment. Specifically, without limitation, Indebtedness includes the future advances set forth In the Future Advances provision, together with all interest thereon and ell amounts that may be indirectly secured by the Cross Col(eterellzation provision of this Assignment. Lender. The word 'Lander moans Commerce Bank or Wyoming, a branch of Nebraakaland National Brink. its successors and asetgns. Note. The word 'Note` means the promissory note dater( May 5, 2011, in the original principal amount of $225,000.00 from Grantor to Lender, together with alt renew0W of, extensions of, modifications of, refinancings of, consolidations of, and substitutions far the promissory note Or agreement, Property. The word 'Property' means alt aI Grantor's nght. title and interest in end to alt the Property ns described in the "Assignment* section of this Assignment. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreem ents, environmental agreements, guaranties, security agreements, mortgages, deeds of oust, security deeds, collateral mortgages, and all other instruments, agreements and documents. whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word 'Rents' means all of Grantor's present and future rights, title and interest in, to and under any arid all present and future leases,. Including, without limitation, ell tents, revenue. income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived 01 to be derived from such tests of every kind and nature. whether duo now or later, including without limitation Grantor's right to enforce such teases and to receive and collect payment and proceeds thereunder, 000378 Page 3 Loan No: 60826 THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON MAY 5, 2011. GRANTOR: SIERRA HOMES CONSTRUCTION, INC. By: Burdette Stocking State of Pfri County of Crif-t r This instrument was acknowledged before me on Fig/ (date) by B rdette Stocking, r'� Sierra Homes Construction, Inc.. gm GENA NAM mum mum aAN MAN MAN made mm, ammo ®.!1 oF N Notary Public Y DAVID D. FREEMAN 1094 West 400 South Logan, Utah 84321 My Commission Expires ,see December 18, 2011 State of Litah 000379 (Continued) Page 4 ASSIGNMENT OF RENTS CORPORATE ACKNOWLEDGMENT (Not rial S My commission expires: /G c 29 LASER PRO Lending, Ver. 5.56.00.005 Copr. Harland Financial Solutions, Inc. 1997, 2011. All Rights Reserved. WY S:\ PROGRAMS \CFIWINRS \CFI \LPL \G14.FC TR -5569 PR -36