HomeMy WebLinkAbout907348LINCOLN COUNTY CLERK
ATTN: JEANNE WAGNER
P.O. BOX 670
KEMMERER WY 83101-0670
WHEN RECORDED MAIL TO:
First Hawaiian Bank
Loan Servicing Department
P.O. Box 1959
Honolulu. HI 96805
RECEIVED 3/30/2005 at 10:32 AM
RECEIVING # 907348
BOOK: 581 PAGE: 800
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
LIMITED POWER OF ATTORNEy
GRANTOR:
GRANTEE:
Bank of the West, a California banking corporation
First Hawaiian Bank, a Hawaii banking corporation
Bank of the West, a California banking corporation, having its principal office at 1450 Treat
Boulevard, Walnut Creek, California 94596, hereby makes, constitutes, and appoints First
Hawaiian Bank, a Hawaii corporation organized and existing under the laws of the state of
Hawaii having its principal office at 999 Bishop Street, Honolulu, Hawaii 96813, its true and
lawful agent and attorney-in-fact, with full power and authority hereby conferred in its name,
place, and stead, and for its use and benefit, to make, sign, execute, acknowledge, deliver, file for
record, and record any such instrument in its behalf and to perform such other act or acts as may
be customarily and reasonably necessary and appropriate to effectuate the following transactions
as the same may relate to a deed of trust or mortgage owned in whole or in part by Bank of the
West or its predecessor(s) in title, whether Bank of the West is named therein as beneficiary or
mortgagee or has become beneficiary or mortgagee by virtue of assignment of such deed of trust
or mortgage or by virtue of endorsement of the note secured by the deed of trust or mortgage.
This appointment shall apply to the mortgage loans serviced by First Hawaiian Bank on behalf of
Bank of the West under the Servicing Agreement dated April 1, 1999 and any subsequent
revisions or amendments to that agreement ("Servicing Agreement"). While such Servicing
Agreement outlines the responsibilities and activities covered by this power of attorney, this
appointment expressly applies to the following enumerated transactions and such additional
transactions as are necessary and convenient for the performance of the usual mortgage loan
servicing tasks, including without limitation the following transactions:
· Modification or re-recording of a deed of trust or mortgage at its own instance or at the
request of the title company that insured the deed of trust or mortgage, where the
modification or re-recording is for the purpose of correcting the deed of trust or mortgage
to conform the instrument to the original intent of the parties thereto or to correct title
errors discovered after insurance of the title has been issued and the modification or re-
recording, in cither instance, does not adversely affect the lien of the deed of trust or
mortgage as insured;
~porary intemet files\olk2\wy-lincoln.doc
,.-'080I
o
o
o
Subordination of the lien of a deed of trust or mortgage to an casement in favor of a
public utility company or a governmental agency or unit with powers of eminent domain;
provided, however, this section shall not extend to the execution of partial satisfactions or
releases, partial reconveyances, or the execution of requests to trustees to accomplish the
same;
Commencement and completion of judicial or nonjudicial foreclosure proceedings and
termination, cancellation, or rescission of the same relating to a deed of trust or mortgage,
including without limitation:
Substitution of trustee(s) serving under a deed of trust in accordance with state
law and the deed of trust;
b. Issuing statements of default;
c. Issuing notices of default;
d. Issuing notices of sale;
e. Cancellations or rescissions of notices of default or notices of sale;
Taking title to real estate owned by Bank of the West as a result of foreclosure or
taking a deed in lieu of foreclosure; and
Executing such other documents as may be necessary under the; terms of the
deed of trust, mortgage, or state law to expeditiously complete foreclosure
transactions;
Requesting full reconveyance of a deed of trust to a trustee upon payment and discharge
of all sums secured thereby or providing full release of a mortgage upon payment and
discharge of all sums secured thereby, and requesting partial reconveyance of a deed of
trust upon payment of sums sufficient to entitle the grantor to a partial reconveyance or
providing partial release of a mortgage upon payment of sums sufficient to entitle the
mortgagor to a partial release;
Closing of title to property to be acquired by Bank of the West as real estate owned
(REO), delivering the deed and any other instrument required and receiving checks or
cash or any payment to be made in connection therewith, and receiving on Bank of the
West's behalf any money payable to Bank of the West at the closing whether for purchase
price or adjustment of taxes, insurance premiums, or otherwise;
Completion of loan assumption agreements;
Preparation of proofs of claims, reaffirmation agreements, and other documents and
pleadings in any bankruptcy proceeding(s), including without limitation filing motions
for relief and engaging local counsel to assist in responding to the bankruptcy
proceeding; and
Consummation of any sale or securitization by Bank of the West of loans being serviced
by First Hawaiian Bank under the Servicing Agreement, including without limitation;
c:\temp\ternporary internet files\olk2\wy-lincoln.doc
'--'0802
Execution on behalf of Bank of the West of the loan sale or securitization
agreements and all related documents;
Assignment on behalf of Bank of the West of notes and their related deeds of
trust or mortgages in favor of First Hawaiian Bank, the party acquiring or
securitizing the loans or a nominee of either; and
c. Receipt on behalf of Bank of the West of the proceeds of such transactions.
Bank of the West gives to First Hawaiian Bank full power and authority to execute such
instruments and to do and perform all and every act and thing requisite, necessary, and proper to
carry into effect the powers granted by or under this instrument as fully, to all intents and
purposes, as Bank of the West might or could do, and hereby does ratify and confirm all that First
Hawaiian Bank shall lawfully do or cause to be done by authority hereof.
This Limited Power of Attorney modifies an earlier Limited Power of Attorney executed in 1999
by clarifying that the powers given to First Hawaiian Bank include those row enumerated in
paragraph 8, all other powers having been enumerated in die original Limited Power of Attorney.
Third parties without actual notice may rely upon the powers granted under this instrument upon
the exercise of such power by First Hawaiian Bank and that all conditions precedent to such
exercise of power have been satisfied and that this instrument has not been revoked unless an
instrument of revocation has been recorded.
BANK OF THE WEST,
a California barlJffng corporaJion
Date February 2, 2005
STATE OF CALWORNIA )
) SS.
County of CONTRA COSTA )
On FEBRUARY 2 , 2005, before me, SUSANNE V. COOK , a
Notary Public in and for the state of Califomia, personally appeared ARLYNN FELDMAN.,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
within instrument in his authorized capacity and that, by his signature on the within instrument,
the person or entity upon behalf of which he acted executed the within instrument.
WITNESS my hand and official seal.
Signatureff----~_
(Seal)
~~$'~'~.~"~ E V. CO~K""-"'~
co ~ I.aL.X,.'"X COMM. #1463505
cc (~ NOTARY PUBLIC-CALIFORNIA
cO \~,]1~] CONTRA COSTA COUNTY
r,~:L:~. ,r-mporary intemet files\olk2\wy-lincoln.doc
'0803
STATE OF CALIFOP~qlA
9E?ARTMENT OF FINANCIAL INSTITUTIONS
CERTIFICATE OF MERGER
Pursuant to Financial Code Section 4891, I, HOWARD GOULD,
C~mmi~$ioner of Financial lns~kutions of ~:he Si:ate of California, do hereby cern;fy
that Communhy First National Bank (the disappearing depository comoration)
merged into BanY, of the Wes~ (the surviving depository corporation) pursuan; to
the Agreement of Merger dated as af November 22, 200¢, and that, under
Financial Code Sec:ion 4887(b), the merger became effective au 11:59 .~.m.,
Pacific S~an. dard Time, December 3, 2004.
Given under my' hand arid official seal on this 16th day of December, 2004,
in Los Angeles, California.
~y
HOW,~RD GOULD
Commissioner of Financial !as;itu:ions
WALLACE M. WONG
Senior Counsel Lj