HomeMy WebLinkAbout905684UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS/front and back/ CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
Loan Processing 925/283-1771
B. SEND ACKNOWLEDGMENT TO: (Name and Address)
[~-BAR K, INC.
201 LAFAYETTE CIRCLE
2nd FLOOR
LAFAYETTE CA 94549
L
RECEIVED 1/7/2005 at 10:46 AM
RECEIVING # 905684
BOOK: 576 PAGE: 703 JEANNE WAGNER ......
LINCOLN COUNTY CLERK, KEMMERER, WY
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
· DF BTO R'S EXACT FULL LEGAL NAME-inse~t on¥one debtor name (la or I b)- do not abbreviate orcombme names
OR la. ORGANIZATION'S NAME
Canyon Club, Inc.
1 b. INDIVIDUAL'S LAST NAME
lc. MAILING ADDRESS
1 Johnny Counts Road
FIRST NAME
CITY
Jackson Hole
I . JUR SD CT ON OF ORGANIZATION
la SEE INSTRUCTIONS ADD'L INFO RE [ lo. TYPE OF ORGANIZATION
ORGANIZATION
83-0333372 DEBTOR j CORP. t WY
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME. insert only one debtor name (2a or 2bi - cio not abbreviate or combine names
MIDDLE NAME SUFFIX
STATE POSTAL CODE COUNTRY
wY 1 83o01 USA
lg ORGANIZATONAL ID#, if any
I WY CID 200000411906 [~]NONE
2a ORGANIZATION'S NAME
OR Snake River Sporting Club Development Company~ LLC
2b ND V DUAL S LAST NAME FIRST NAME
2c. MAILING ADDRESS
60 E. Broadway, 2nd Floor., P. O. Box 4820 Jackson Hole
2f. JURISD CT ON OF ORGANIZATION
STATE IPOSTAL CODE
wY 183001 USA
2d SEE INSTRUCTIONS ADD'L INFO RE J 2e. TYPE OF ORGANIZATION 2g ORGANIZATIONAL ID #. if any
ORGAN~Z^T~O~
74-3136297 DEBTOR I LLC I Delaware I DE 3869597 ONONE
3. S E C U R E D PA R TY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - insert only one secured party name (Ja or 3bi
OR 3a. ORGANIZATION'S NAME
R.E. Loans LLC, a California limited liability company
3b iNDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME
3c. MAILING ADDRESS
201 Lafayette Circle (Attn: Barney Ng)
C~L~ fayette
SUFFIX
STATE POSTAL CODE COUNTRY
CA 94549 USA
4 This FINANCING STATEMENT covers the [ollowing collateral:
This financing statement covers the Collateral described and defined in Schedule 1 to this Financing Statement, which
pertains to the real property described in Exhibit A thereto.
5. AL:r'~RNAT,VEDES,GNATIO,)i,a,p,~.~,e,:[~LESSEE,'ESSOR C CONSIGNEF~ONSIGNOR F]BA'LE~AILOR [']SELLER,BUYER nAG. LIEN F]NON-UCCFIL,NG
6. ~ This FINANCING STATEMENT is to be filed [for record) (o~ recorded) in the REAL ~[ 1 Check to REQUEST SEARCH REPORT S) on Debtor(s ~ .... ~ ~ . . ~ ....
~ ESTATE RECORDS A~ach Addendum irt applicable) .[ t [&~OITIOHAg FFE] ~optional] ~ A, ~emors U ueb[o~ ] U MoTor z
8.OPTIONAL FILER REFERENCE DATA
Loan No. C0390
FILING OFFICE COPY-- UCC FINANCING STATEMENT (FORM UCC1) (REV. 05122102)
As used herein the term "Collateral" shall mean and refer to all of Debtors' right, title and interest
now owned or hereafter acquired in and to the following:
a. The real property more particularly described on Exhibit A hereto ("Premises").
b. All easements and rights-of-way, riparian rights, air rights for further vertical construction
and rights to the same belonging or in any way appertaining to the Premises;
c. All minerals and mineral rights, including but not limited to oil gas, gravel, and other
minerals, if any, lying in or under the surface of the Premises to the extent owned by Debtors;
d. All water rights, conditional water rights and applications for permits that are appurtenant
to or have been used or intended for use in connection with the Premises, including but not limited to (i)
ditch, well, pipeline, spring and reservoir rights, whether or not adjudicated, evidenced by stock or shares,
or evidenced by any well or other permit, (ii) all rights with respect to noncontributory groundwater
underlying the property, (iii) any permit to construct any water well, water from which is intended to be
used in connection with the property, and (iv) all of Debtor's right, title and interest under any decreed or
pending plan of augmentation or water exchange plan;
e. All strips and gores of land lying between the Premises and streets roads, highways or
alleys, open or proposed, owned by Debtor;
f. Al estates, rights, titles, interests, privileges tenements, hereditaments, and
appurtenances of any nature whatsoever, n any way belonging, relating, or pertaining to the Premises
owned by Debtor;
g. The reversion or reversions, remainder and remainders rents, issues, and profits in any
way belonging, relating, or pertaining to the Premises;
h. All improvements presently located or subsequently constructed on the Premises;
i. All of Debtor's right, title and interest in and to all machinery, apparatus, furniture,
equipment, fixtures, and other property of every kind and nature now or hereafter located upon the
Premises and usable in connection with the present or future operation of the Premises;
j. All building materials, goods and personal property on the Premises, not affixed or
incorporated into the Premises;
k. All buildings, improvements machinery, apparatus equipment, fittings, fixtures and
articles of personal property of every kind and nature whatsoever other than consumable goods, now or
hereafter located in or upon said real estate or any part thereof and used or usable in connection with any
present or future operation of the Premises and all parts thereof (hereinafter referred to as the
"Equipment") and now owned or hereafter acquired or leased by Debtor, and all additions and
accessions thereto now or hereafter attached to or used in connection therewith or with the Premises
including, but without limiting the generality of the foregoing (1) all furniture, fixtures, equipment, parts,
apparatus, machinery, irrigation systems, devices, furnishings, supplies, computer programs, software
and data, golf carts, tractors, mowers, and all other items of personal property now owned or hereafter
acquired by the Debtor, or in which the Debtor, may now or hereafter have any interest whatsoever, and
all fixtures or other property, howsoever characterized, which are attached to or located at, in or about or
used or usable in connection with golf course to be developed on part of the Premises, and, the proceeds
thereof, and all substitutions, replacements modifications, improvements, additions, parts, accessories
and accessions to the foregoing; (2) all heating, lighting, laundry, incinerating and power equipment,
engines, p~pes, pumps, tanks, motors conduits switchboards, plumbing apparatus, electrical apparatus
(including, but not limited to all electrical transformers, switches switch boxes, equipment boxes
cabinets, all whether used in the operation of th~iPremises or any business operated within or upon the
UCC SCHEDULE 1
Page 1 of 6
Premises), lifting, cleaning, fire-prevention, fire-extinguishing, refrigerating, ventilating, and
communications apparatus, air-cooling and air-conditioning apparatus, elevators, escalators, shades,'
awnings, screens, storm doors and windows, stoves, attached cabinets, partitions, carpeting, plants and
shrubbery, ground maintenance equipment, duCts and compressors and all of the right, title and interest
of Debtor in and to any equipment which may be subject to any title retention or security agreement
superior in lien to the lien of this security interest;
I. All general intangibles, including without limit the name "Canyon Club," and all softwar, e.,_~
acquired or used in connection any business operated from the Premises, and all right, title and interest, if
any, of Debtor to plans and specifications, engineering drawings, architectural renderings, licenses,
governmental permits and approvals, soil test reports, proposals, construction agreements and contracts;
architectural and engineering agreements and contracts and all other material now or thereafter existing
in any way relating to the Premises;
m. All the rents, issues, profits, revenues and accounts arising from the Premises, or relating
to any business conducted by Debtor on it, under present or future leases, licenses or otherwise,
including, without limit, all rights of Debtor under any purchase agreements executed with respect to any
portion(s) of the Premises and the proceeds thereof and proceeds from the sale of golf course
memberships and similar arrangements;
n. All awards or payments, and interest on them, made with respect to the Premises as a
result of (1) any eminent domain proceeding, (2) any street grade alteration, (3) any loss of or damage to
any building or other improvement, (4) any other injury to or decrease in the value of the Premises, (5)
any refund due on account of the payment of real estate taxes, assessments or other charges levied
against the Premises, (6) any refund of utility or other deposits, or (7) constituting proceeds of insurance
with respect to the Premises; and proceeds of all of the foregoing;
All "developer rights" with respect to any project now or hereafter located on the
Premises, including all rights reserved or granted to the developer under any condominium master deed,
bylaws and/or other documents and instruments relating to any condominium project, specifically
including without limitation the rights of the Debtor as developer of Canyon Club, according to the Plat
thereof recorded in the records of Teton County, Wyoming, with respect to the Premises;
All other real and personal property, whether or not attached to the Premises, which is necessary or
incidental to the use of the Premises (and any buildings located thereon) for golf course, retail, apartment,
model home, motel or other lodging, business or commercial purposes and all other property, whether or
not similar to that hereinbefore mentioned, which is or shall be attached to the Premises by nails, screws,
bolts, pipe connections, masonry, or in any other manner placed or installed therein or thereon, and all
other articles listed in any Exhibit which may be attached hereto, which exhibit is hereby expressly
declared to be incorporated herein, all of which are and shall be deemed to be accessions to the freehold
and a part of the realty as between the parties hereto and all persons claiming by, through or under them
and the same shall be deemed to be a portion of the security for the indebtedness herein mentioned and
to be covered by the lien of this security interest.
UCC SCHEDULE 1 Page 2 of 6
0 05684
0706
EXHIBIT A
Parcel 1:
Lot 2 of Snake River Canyon Ranch The Canyon Homes, Teton County, Wyoming, according to that plat
recorded in the Office of the Teton County Clerk on January 15, 2002, as Plat No. 1040.
TOGETHER WITH any appurtenant riparian lands.
Parcel 2: -';~- -
Lots 19, 20, 21, 22, and 23 of Snake River Canyon Ranch The River Homes Teton County, Wyoming,
according to that plat recorded in the Office of rrm Teton County Clerk on September 18, 2001, as Plat
No. 1030.
TOGETHER WITH any appurtenant riparian lands.
Parcel 3:
Lots 24, 25, 26 and 28 of Snake River Canyon Ranch, The Ranch Homes, Teton County, Wyoming,
according to that plat recorded in the Office of the Teton County Clerk on September 18 2001, as Plat
No 1031.
TOGETHER WITH any appurtenant riparian lands.
Parcel 4:
Homestead Entry Survey Number 57 located in Section 33, T39N, R116W, Teton Court!y, Wyoming.
AND
Government Lot 4, Government Lot 5 and SE1/4SE1/4 Section 32, T39N, R116W, Teton County,
Wyoming.
EXCEPTING THEREFROM Snake River Canyon Ranch The Canyon Homes, Teton County, Wyoming,
according to that plat recorded in the Office of the Teton County Clerk on January 15, 2002, as Plat No.
1040 AND Snake River Canyon Ranch, The River Homes, Teton County, Wyoming, according to that plat
recorded in the Office of the Teton County Clerk on September 18, 2001, as Plat No. 1030 AND Snake
River Canyon Ranch, The Ranch homes, Teton County, Wyoming, according to that plat recorded in the
Office of the Teton County Clerk on September 18, 2001, as Plat No. 1031.
TOGETHER WITH any appurtenant riparian lands.
Parcel 5:
LEGAL DESCRIPTION
OF
A PARCEL
WITHIN
SECTION 8,
HOMESTEAD ENTRY SURVEY NO. 187
AND HOMESTEAD ENTRY SURVEY NO. 127,
T38N, R116W, 6t" P.M.
TETON COUNTY, VVYOMING
A parcel of land located in Section 8, Homestead Entry Survey No. 187, and Homestead Entry Survey
No 127 T38N, R116W, 6m P.M., Teton County, Wyoming, more particularly described as follows;
All of Homestead Entry Survey (H.E.S.) No. 187
All of Homestead Entry Survey (H.E.S.) No. 127;
SE¼SE¼ and W~NE¼SE¼ of said Section 8;
Government Lots 2, 3, and 4, and part of Government Lot 1 of said Section 8;
ALL more particularly described as follows;
UCC SCHEDULE 1
Page 3 of 6
'" 7,3' 7
BEGINNING southeast corner of said Section 8, said point also being Corner 1 of said H.E.S. No.
127 where is found a 2 inch diameter aluminum pipe with a 3-1/4 inch diameter aluminum cap inscribed
"RLS 164" and appropriate details;
THENCE along the east line of said H.E.S. No 127 S 00°00'15"E, 658.05 feet to Corner 2 of said
H.E.S. where is found a 2 inch diameter galvanized pipe with a 3-1/4 inch diameter brass cap inscribed
"PLS 6447" and appropriate details, said point lying on the north line of said H.E.S No. 187'
THENCE along the north line of said H.E.S. No. 187, S 89058'45"E, 321.38 feet to Corner .!;.o_[
said H.E.S. where is found a 2 inch diameter aluminum pipe with a 3-1/4 inch diameter aluminum cap
inscribed "RLS 164" and appropriate details;
THENCE along the east line of said H.E.S. No. 187, S 13°30'45"E, 3433.21 feet to Corner 2 of
said H.E.S where is found an original stone;
THENCE along the south line of said H.E.S. No. 187, S 85°38'25"W, 1340.78 feet to Corner 3 of
said H.E.S. where is found a 2 inch diameter aluminum pipe with a 3-1/4 inch diameter BLM-type
aluminum cap inscribed with appropriate details, said Corner 3 also being a meander corner on the left
bank of the Snake River;
THENCE following the record meander line for said H.E.S. No 187 through the following courses,
N 24°30'08"W, 880.09 feet;
N 15°09'45"W, 353.76 feet;
N 23°14'45"W, 681.12 feet;
N 16°16'45"W, 1026.96 feet;
N 26°02'45"W, 357.72 feet;
N 00°39'13"E, 365.46 feet more or less to Corner 4 of said H.E.S. No. 187, said point being
identical with Corner 3 of said H.E.S. No. 127, said Corner 4 also being a meander corner on the left bank
of the Snake River;
THENCE following the west line of said H.E.S No. 127, N 22°47'15"W, 714.66 feet to Corner 4 of
said H.E.S. where is found a 2 inch diameter aluminum cap with a 3-1/4 inch diameter BLM-type
aluminum cap inscribed with appropriate details, said point lies on the south line of Government Lot 4 of
said Section 8, N 89°56'01"W, 337.24 feet from the southeast corner of said Government Lot 4;
THENCE along the south line of said Government Lot 4 of said Section 8, N
89°57'02"W, 105.51 feet to a 2 inch diameter aluminum cap with a 3-1/4 inch diameter BLM-type
aluminum cap inscribed with appropriate details, said point representing a meander corner on the left
bank of the Snake River;
THENCE continuing N 89°57'02"W, 95.70 feet to the record position of said meander corner
established by the original survey shown on that plat approved April 2, 1903;
THENCE following the record left bank meander line of the Snake River shown on said plat
through the following courses,
N 02°47'47"W 508.20 feet;
N 08°17'47"W 171.60 feet;
N 05°17'47"W 310.20 feet;
N 02°32'47"W 244.20 feet;
N 17°17'47"W 264.00 feet;
N 22°47'47"W 316.80 feet;
N 29°02'47"W 316.80 feet;
N 07°12'13"E 69.20 feet;
THENCE departing said record meander line, N 80°14'04"E, 30.42 feet to a 5/8 inch diameter
steel rebar with an aluminum cap inscribed "PLS 6447";
THENCE N 00°00'00"E, 232.05 feet more or less to an intersection with said record meander line;
THENCE along said record meander line, N 07°12'13"E, 67.91 feet;
THENCE along said record meander line, N 15°17'47"W, 32.28 feet;
THENCE departing said record meander line, N 00°00'00"E, 79.28 feet to a 5/8 inch diameter
steel rebar with an aluminum cap inscribed "PLS 6447";
THENCE N 45°24'32"W, 41.69 feet more or less to an intersection with said record meander line;
THENCE following said record meander line through the following courses,
N 15°17'47"W, 125.79 feet;
N 22°17'47"W, 231.00 feet;
UCC SCHEDULE 1 Page 4 of 6
0905 4'
0708
N 35°32'47"W, 72.60 feet;
N 02°57'13"E, 356.40 feet;
N 01°02'47"W, 231.00 feet;
N 07°17'47"W, 349.80 feet;
N 31°02'47"W, 323.40 feet;
N 04°02'47"W 131.10 feet;
THENCE departing said record meander line, N 75°19'06"E, 409.51 feet to a 5/8 inch diameter
steel rebar with an aluminum cap inscribed "PLS 6447"' .:. _- THENCE N 00°26'01"W, 530.96 feet to a 5/8 inch diameter steel rebar with an aluminum cap
inscribed "PLS 6447";
THENCE N 90°00'00"E, 171.02 feet to a 5/8 inch diameter steel rebar with an aluminum cap
inscribed "PLS 6447";
THENCE S 38°26'50"E, 1247.72 feet to the northeast 1/16 corner of said Section 8 where is
found a 5/8 inch diameter steel rebar with an aluminum cap inscribed "PLS 6447";
THENCE along the east line of Government Lot 2 of said Section 8, S 00°03'26"E
1322.01 feet to the center-east 1/16 corner of said Section 8 where is found a 2 inch diameter galvanized
pipe with a 3-1/4 inch diameter brass cap inscribed "PLS 6447" and appropriate details;
THENCE along the north line of said W112NE114SE114, S 89°43'08"E, 660.65 feet to the center-
east-east 1/64 corner of said Section 8 where is found a 2 inch diameter aluminum pipe with a 3-1/4 inch
diameter BLM-type aluminum cap inscribed with appropriate details;
THENCE along the east line of said W112NE114SE114, S 00°01'59"E, 1316.72 feet to the center-
east-southeast 1/64 corner of said Section 8 where is found a 5/8 inch diameter steel rebar with an
aluminum cap inscribed "PLS 6447";
THENCE along the north line of said SE1/4SE1/4, S 89°57'23"E, 660.40 feet to the south 1/16
corner common to said Section 8 and Unsurveyed Section 9, T38N R116W, 6'" P.M., where is found a 2
inch diameter aluminum pipe with a 3-1/4 inch diameter BLM-type aluminum cap inscribed with
appropriate details;
THENCE along the east line of said SE1/4SE1/4, S 00°02'03"E, 1316.62 feet to the POINT OF
BEGINNING;
Said parcel ENCOMPASSES an area of 302.10 acres more or less;
TOGETHER WITH any appurtenant riparian lands.
Parcel 6:
A parcel of land located in Sections 21, 28 and 29, Township 38N, Range 116W, Teton County and
Lincoln County, Wyoming and more particularly described as follows:
Homestead Entry Survey 185.
TOGETHER WITH any appurtenant riparian lands
UCC SCHEDULE 1
Parcel
Number PIN Number
TETON COUNTY
1 (Lot 2) 22-39-16-32-4-03-001
2 (Lot 19) 22-39-16-32-4-01-001
2 (Lot 20) 22-39-16-32-4-01-002
2 (Lot 21) .} }22-39-16-32-4-01-003
Page 5 of 6
2 (Lot 22) 22-39-16-32-4-01-004
2 (Lot 23) 22~39-16-32-4-01-005
3 (Lot 24) 22-39-16-32-4-02-001
3 (Lot 25) 22-39-16-32-4-02-002
3 (Lot 26) 22-39-16-32-4-02-003
3 (Lot 26) 22-39-16-32-4-02-005
4 22-39-16-32-4-00-001
5 22-38-16-08-3-00-001
5 22-38-16-08-1-00-001
6 22-38-16-08-4-00-003
LINCOLN COUNTY
6 12-38-16-28-2-00-001
UCC SCHEDULE 1
Page 6 of 6