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HomeMy WebLinkAbout896983f/30169 (02) RECEIVED LINCOLN C 0 U NFo~v¢~l.~ RK G47pRp^o . 282 896.983 . 0t,. N30 PH 1:20 - Pledge Agreement " JEANNE WAGNER THIS PLEDGE AGREEMENT (this "Agreement") is made and ~g~fifiTt~5 6'tT~c~iq6G 20th January 2004 by Steven W. Ellis whose address is 658 South 650 West, Farmington, UT 84025 ("Pledgor"), in favor of CHASE MANHATTAN MORTGAGE CORPORATION a/k/a CHASE HOME FINANCE INC., whose address is 2180 South 1300 East, Suite 580, Salt Lake City, Utah 84106 ("Chase"). RECITALS: A. Pledgor owns an undivided one-half interest (as a joint tenant) in fee simple title to certain real property (and all improvements, appurtenances, fixtures and other rights relating thereto) (collectiVely, the "Property") that is commonly known as 1264 Hillside Loop Road, Thayne, Lincoln County, Wyoming and is more particularly described on the exhibit that is annexed hereto. The other undivided one-half interest in fee simple title to the Property is owned by Pledgor's spouse, Sharla J. Ellis ("Borrower"). ~ B. Borrower has requested a loan (the "Loan") of $155,000 from Chase, to be secured by a first-position mortgage (the "Mortgage")from Borrower and Pledgor, as Co- trustors, encumbering the Property. C. Chase is unwilling to make the Loan as proposed without (1) an express agreement from Pledgor allowing such pledge of Pledgor's interest in the Property as security for the Loan; and (2) express acknowledgment by Pledgor that consideration sufficient to support such pledge has been received by Pledgor frOm Borrower and that, in the event that Borrower defaults under the Loan, Pledgor may lose (through foreclosure) all, or substantially all, of his/her ownership and other interests in the Property. D. Pledgor 'desires to pledge Pledgor's interest in the Property as security for the Loan to Borrower and is willing to make the acknowledgments required by Chase. AGREEMENT: NOW THEREFORE, in consideration of the premises, the mutual covenants and promises of the parties hereto, in order to induce Chase to make the Loan to Borrower, and for other good and valuable consideration, the receipt and legal sufficiency of which consideration is hereby acknowledged, Pledgor agrees as follows: 1. Hypothecation.. Pledgor shall unconditionally pledge and hypothecate to Chase all of Pledgor's right, title and interest in and tothe Property as se.curity for the Loan by executing and delivering to Chase (a) this Agreement; and (b) the Mortgage (and an amendment thereto prepared by Chase) hypotheCating fee simple title to the Property. Possible Extinl~uishment of Interests. Pledgor further agrees and acknowledges that, in the event of foreclosure or exercise of any power of sale or other right as set forth in the Mortgage, in any other security instrument executed in connection with the Loan, or in any condemnation or eminent dOmain proceeding(s), Pledgor's right, title and interest in and to the Property will be extinguished (throul~h foreclosure) to the extent necessary to pay iu filll all sums secured by the Mortgage. Pledgor hereby assigns and transfers for the benefit of Chase or its assign(s) all of Pledgor's right, title and interest in and to the Property and/or any award of condemnation or eminent domain relating to theProperty as may occur, to the extent necessary to pay in full any and all sums secured by the Mortgage and, in connection therewith, Pledgor hereby authorizes Chase or its assign(s) to apply, any funds so received in satisfaction of any sums secured by the Mortgage. 3. Examination of Loan Documents. Pledgor acknowledges that he/she has had the opportunity to be represented by Pledgor's own legal counsel in connection with the preparation and negotiation of this Agreement and that Pledgor and such counsel have had the opportunity to examine, prior to the execution thereof, this Agreement, the Mortgage (and any amendment thereto), the promissory note secured thereby and all other documents related to the Loan (collectively, the "Loan Documents"). Pledgor hereby acknowledges his/her approval of all of the terms of the Loan Documents. 4.. NO Obligations by Chase. Chase shall have no obligation to Pledgor to see to or to supervise the application of the Loan proceeds by Borrower. Any application or use of such funds for purposes other than those (if any) provided for in the Loan Documents shall not defeat, or any way affect, the pledge, hypothecation and acknowledgments made herein. 5. Binding Natnre. This Agreement is absolute, irrevocable and unconditional. Further, Chase or its assign(s) shall not be (a) liable for any act or omission of Borrower; (b) obligated to cure any defaults of Borrower to Pledgor; (c)subject to any offset or defenses which Pledgor may be entitled to assert against Borrower; or (d) bound by any amendment or modification of any agreements between Pledgor or Borrower made without Chase's prior written consent. 6. Waiver. Pledgor waives presentment, demand, protest and notice and agrees that Chase, without notice to or consent of Pledgor, and upon such terms as Chase may deem advisable and without releasing or discharging Pledgor from this Agreement or affecting the lien or priority of the.Mortgage, may (a) extend, in whole or in part, by renewal or otherwise, the payment or performance of any obligation secured by the Mortgage; (b) release, surrender, exchange or modify any obligation secured by the Mortgage, or any security for such obligation; and/or (c) settle or compromise any claim with respect to any obligation secured by the Mortgage or against any person who has given security for any such obligation. Pledgor hereby ratifies any such extension, renewal, release, surrender, exchange, modification, settlement or compromise and waives all defenses, counterclaims, or offsets which he/she might have by reason thereof. Agreement: General Provisions. The following provisions are' also integral parts of this '0S: 6 S,3 -' 2.84 (a) Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. (b) Captions. The headings used in this Agreement are inserted for reference purposes onlY and shall not be deemed to define, limit, extend, describe, or affect in any way the meaning, scope or interpretation of any of the terms or provisions of this Agreement or the intent hereof. (c) Counterparts. This Agreement may be signed in any number of counterparts With the same effect as if the Signatures upon any counterpart were upon the same instrument. All signed counterparts shall be deemed to be one original. (d) Severability. The provisions of this Agreement are severable, and should any provision hereof be void, voidable, unenforceable or invalid, such void, voidable, unenforceable or invalid provision shall not affect the other provisions of this Agreement. (e) Waiver of Breach. Any waiver by either party of any' breach of any kind or character whatsoever by the other, whether such be direct .or implied, shall not be construed as a continuing waiver of or consent to any subsequent breach of this Agreement. ~ (f) Cumulative Remedies. The rights and remedies of the parties hereto shall be construed cumulatively, and none of such rights and remedies shall be exclusive of, or in lieu or limitation of, any other right, remedy or priority allowed by law. (g) Amendment. This Agreement may not be modified except by an instrument in writing signed by the parties hereto. (h) Time of Essence. Time is the essence of this Agreement. (i) Interpretation. This Agreement shall be interpreted, construed and enforced .according to the substantive laws of the state of Wyoming. (j) Attorneys' Fees. If any action or proceeding is brought by either Party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, whether such sums are expended with or without suit, at trial, on appeal orin any bankruptcy proceeding. (k) Notice. Any notice or other communication required or permitted to be given hereunder shall be deemed to have been received (a) upon personal delivery or actual receipt thereof or (b) within two (2) days after such notice is deposited in the United' States mail, postage prepaid and certified and addressed to the parties at their respective addresses set forth above. (1) Survival. This Agreement, and Pledgor's obligations hereunder, shall survive the closing of the Loan and the execution and delivery o£the Loan Documents. DATED the date first above written. PLEDGOR: STATE OF k)qT.,h ) /~, :SS COUNTY O~{J'~}/-d-~ ) 0~,~, ~ 200~, personally appeared before me~'-~ --~ve,4q V~, ~--[[ ~ who dul a,)49~owledged to me-~at he/she executed the foregoing PLEDGE AGREEMENT. My Commission Expires: WST~C\002 Notlary Public Residing in: ~Q~!~'~_. (/]~,, c-r,,~,'r,~'~ Ol)' 'Cr.I.%H ) ) I/F~%% KRISTEN COLLINS I [~/,Jajt~l!\ 2180 South 1300 East Ste. 580 liil'~' 1.'i S.L.C. UT 84106 I \'%\"~1~'~,~' COMMISSION EXPIRES I '~2~ · MARCH 3, 2007 L.~: ~ STATE OF UTAH __, personally appeared who be~J~g by u~ duly R.~(.~idJJ~g at: SALT LAKE CITY, UTAH OS, GDS3 E%q]IB II A Lot 8 of the Salt River Heights Subdivision, Lincoln County, Wyoming as described on the official plat thereof. LESS AND EXCEPT land as shown on survey by Marlowe H. Scherbel, filed December 8, 1993 as Instrument No. 775641 in ths office of Lincoln County Clerk, described as follows. Beginning at the southwest point of said Lot 8 on t~e easterly right-of- way line of Hillside Loop Road of said Subdivision; thence N 38"59' E, 46 feet, along said'easterly right-of-way line to a point; thence S 54035.0' E, 269.89 feet, 'to a point; thence East, 284.66 feet, to a point on the east lane of said Section 12; thence 'South, the base bear'ing for this survey and description, 531.31 feet, along the east line of said Section 12 to the southeast corner of said NEUNEt; thence N 39°17.8· W, 845.45 feet to the POINT OF BEGINNING.