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HomeMy WebLinkAbout902920 This docum~*nt is be,lng record Dy Southwest Title Company ~ a coua'~sy only.-. UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] 9 B. SEND ACKNOWLEDGMENT TO: (Name and Address) EVERGREEN FEDERAL 969 S.E. SIXTH STREET GRANTS PASS, OREGON 97528 ATTN: PROC ESStNG LN ACCOUNT: L .-] 0 £ 9 '> 0 RECEIVED LINCOLN COUNTY CLERK 05 '7 .. 0549 PR } 'A~ ~B ......... THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME - insert only one debtor name (la or lb)- do not abbreviale or combine names - I la ORGANIZATION'S NAME I OR lb. INDIVIDUAL'S LAST NAME FIRST NAME SUFFIX HILL lc MAILING ADDRESS PO BOX 281 ld. TAX ID~ SSN OR EIN ADD'L INFO RE ORGANIZATION DEBTOR I STATE POSTAL CODE CITY PAUL ;DOLE NAME STANLEY ID 83278 10. TYPE OF ORGANIZATION : lf. JURISDICTION OF ORGANIZATION : lg ORGANIZATIONAL ID~, il'any COUNTRY USA D NONE OR I 2a ORGANIZATION'S NAME 2b. INDIVIDUAL'S LAST NAME FIRST NAME SUFFIX I MIDDLE NAME CITY STATE I POSTAL CODE 2c. MAILING ADDRESS I ADD'L INFO RE 2d. TAXID~: SSN OR LIN ORGANIZATION ! 2e. TYPE OF ORGANIZATION ; 2f. JURISDICTION OF ORGANIZATION : 2g. ORGANIZATIONAL ID~. if any DEBTOR ', SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - inse~t only one secured party name (3a or 3b) I 3a ORGANIZATION'S NAME OR EVERGREEN FEDERAL 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME COUNTRY USA D NONE SUFFIX 3c. MAILING ADDRESS P.O. BOX 2020 ~,. This FINANCING STATEMENT covers the [ollowing collateral: CITY GRANTS PASS I STATE I POSTAL CODE ORI 97528 COUNTRY USA ANY AlqD ALL LEASES NOW EXISTING OR HEREAFTER ENTERED INTO AND ANY EXTENSIONS OR RENEWALS THEREOF, OF THESE CERTAIN PREMISES KNOWN AS USPO 390 NORTH MAIN ST., THAYNE WY 83127 MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". ALSO SEE ATTAHCED EXHIBIT "B" AND ALTERNATIVE DESIGNATION rjr aPolicablet; U LESSEE~LESSOR U CONSIGNEE/CONSIGNOR U BAILEE/BAILOR U SELLEPJBUYER U AG. LIEN LJ NON-UCC FILING U This FINANCING STATEMENT is to be filed [for record] (or recorded) in the REAL 7. Check to REQUEST SEARCH REPORT(S) on Debtor(s) LJ All Debtors ESTATE RECORDS. Attach Addendum [if applicablel [ADDITIONAL FEE~ roptionaJl [] Debtor 1 [] Debtor2 OPTIONAL FILER REFERENCE DATA =ILING OFFICE COPY~:.u :l~,.~2.~i]nAL UCC FINANCING STATEMENT (FORM UCC~7/29/98)~,:~ -'-~ j #3036 Exhibit ~.A" 0550 That part of the NE~iof Section 23]' T34N R119W,' it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 426PR on page 90, as follows: Beginning at a spike on the west line of said N~, S 00"03'18,, 1069.77 feet from the northwest corner of said NE~; thence S 00"03'18" W, 167.36 feet, along said west line, to a spike; thence S 89"47'38,, E, 183.22 feet, alon~ an existing fence line, in part, to a pipe at a fence corner; thence S 00"21'22,, W, 64.53 feet, along an existing fence line, to a point at an existing fence corner; thence S 89"26'47,, E, 101.82 feet, along an existing fence line, to a point at a fence corner; thence N 00"12'51" E, 231.58 feet, along an existing fence line, to a point; thence N 89"36'28,, W, 28S.3~ feet to the Spike of Beginning. Wf ExhiBit "B" SECURITY AGREEMENT ASSIGNMENT OF LEASE(S) 0551 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, PAUL D. HILL , hereinafter called "Assignor", hereby sells, assigns, transfers and sets over unto EVERGREEN FEDERAL SAV1NGS AND LOAN ASSOCIATION, a corporation, hereinafter called "Assignee", any and all leases now existing or hereinafter entered into and any extensions or renewals thereof, of those certain premises known as U.S. POST OFFICE in the City of THAYNE , County of LINCOLN State of WYOMING which leased premises are more particularly described in Exhibit "A". Assignor hereby further assigns, transfers and sets over unto Assignee all of the rents now due and to become due under the terms of said lease(s) and any extensions or renewals thereof, together with the amounts required thereunder to pay taxes and insurance. Assignor agrees that it will not, without securing the prior written consent of Assignee, consent to the assignment or transfer of said lease(s) of the above described premises. Assignor further warrants that it has not previously assigned said lease(s) or pledged or hypothecated any of the rents or amounts to become due thereunder or any interest therein, except to the Assignee. Assignor has borrowed from Assignee the sum of THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($350,000.00) and h~ executed and delivered to Assignee its Promissory Note, Mortgage and Loan Agreement dated ~ {O ,20 {5~ .on real property, including the above described premises, to secure the payment of said Note. This is an absolute assignment conditional upon default. As such, Assignee's rights under it are now vested and perfected against all third parties and trustees in bankruptcy. Until such time as there is a default in any of the terms or provisions of the said Promissory Note, Mortgage or Loan Agreement, Assignor shall have the right to continue to collect and receive all rental and all payments as the same become due under the said lease. On the condition there is a default in any of the terms and provisions of the said Promissory Note, Mortgage or Loan Agreement, Assignee shall have the immediate and automatic right to collect the rental and other payments from that time on and to compel the application of all future rents and other payments accruing on said lease to the liquidation of the amounts then remaining due Assignee on said Promissory Note and Mortgage. If Lessee or a third party obligated under a Contract fails to pay any sums due, after receipt of written demand therefore by Assignee, together with proof of the Assignment if requested, Assignee may take whatever legal or equitable action is appropriate, including, without limitation, requesting the issuance of a temporary restraining order directing such Lessee or obligor not to pay the rent to Assignor until further order of the court. To ensure performance of this Assignment, the Assignor has signed and delivered to the Assignee a Power of Attorney to Receive Rent for Post Office Quarters, attached as Exhibit "B". It is hereby agreed that said Power of Attorney shall not be invoked unless and until such time as there is a default in any of the terms or provisions of the aforementioned Promissory Note, Mortgage or Loan Agreement. Page 1 of 2 -IN-~_~ESS WHEREOZ, Assignor has caused this Assignment of Lease to be signed on this JD '-~ Cy__~. ,20 a'-/ STATE OF COUNTY OF Before me, //7..~.~,~ , a Notary Public for said County and State, personally appeared PAUL D. HILL , with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who executed the Within instrument. The above named further acknowledged the foregoing instrument to be HIS individual, voluntary and personal act and deed. Before me: pires: / d///~./..2~_,,,9 ~ Page 2 of 2 Exhibit "C" POWER OF ATTORNEY TO RECEIVE RENT FOR POST OFFICE QUARTERS WHEREAS the right to receive rent for certain premises occupied by the United States Postal Service in Thayne , County of Lincoln , State of Wyoming (City or town) is vested in the undersigned and WHEREAS it is desired to appoint an attorney in fact to receive rents for premises so occupied and to give receipts therefor on behalf of the undersigned. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT Paul D Hill (Names of lessor(s)) ha S Made, constituted, and appointed, and by these presents make(s), constitutes(s), and appoint(s) EVERGREEN FEDERAL whose address is 969 SE SIXTH STREET , GRANTS PASS _, OREGON 97526 (Number) (Street) (City or town) (State) (Zip Code) MY , true and lawful attorney fbr ME , and in MY Name and stead to ask, demand, collect, and (My-Our-Its) (Me-Us-It) (My-Our-Its) receive all rents due for the period beginning on the first day of the month thereafter following the date of execution of this instrument and receipt by the Postal Service and for rents which thereafter may be due and owing ME . From the United States Postal (Me-Us-lO Service as tenant or occupier of premises located at 390 North Main Street ., Thayne (Number) (Street) (City of town) Wyoming 83127 , And upon receipt thereof to give proper receipts, (State) (Zip Code) acquittances, or discharges, hereby ratifying and confirming all that said .attor~i~-~'~-t~]~-a-~-U~.do bvwirtue of this instrument. IN TESTIMONY WHEREOF I have hereunto set M'~' Hand(s) and s is / I [ day of 20 Signed, sealed, and delivered in the presence of ~ [SEAL] ~~ ~ [SEAL] d) - After carefully filling each space, acknowledge execution of this document before a notary public or other official having authority to administer oaths. oouN OF ) )ss: ) Personally appeared before me, a Notary Public in and for the county and state aforesaid, . . _ , known to me to be the same person(s) who executed the foregoing power of attorney, and who acknowledged that HE Signed, sealed, and delivered the same as HIS (He-She-They) (His-Her-Their) free and voluntary act for the purposes therein mentioned. ff Witness my hand and notarial seal, in the county and state aforesaid, this / ~ ' day of a corporation, power of attorney sho~ne~/~~e~orf'~at~