HomeMy WebLinkAbout908944MORTGAGE
FIELDS OF GOLD, LLC, A WYOMING LIMITED LIABILITY COMPANY, OF
2142 County road 123, Beford, WY 83112 , (herein collectively called
"MORTGAGOR"), to secure the payment of ONE MILLION FIVE HUNDRED NINETY SIX
THOUSAND DOLLARS ($1,596.000.00), with interest thereon, as provided in and evidenced
by a promissory note of even date herewith (the ultimate maturity date of which is the 2nd
day of June, 2010) and all renewals, modification and extensions thereof, do hereby mortgage
unto DERRELL SUTER AND JEANNE SUTER, HUSBAND AND WIFE OF 12845 Tumbleweed
Drive, Sterling, CO 80751 (herein called "MORTGAGEE"), the following
described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing
and waving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming, to-wit:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes,
assessments and charges levied against the Property, as the same become due and payable;
to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance
carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the
Property against loss by fire and earthquakes, with extended coverage, in an amount not less
than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost)
of such improvements whichever is less, which insurance shall contain an appropriate loss
payable provision protecting MORTGAGOR an,d MORTGAGEE as their respective interests may
appear from time to time. In the event MORTGAGOR fails to pay such taxes or assessments,
or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such
taxes and assessments and may secure and pay for such insurance, and all sums so paid shall
be added to and considered a part of the indebtedness hereby secured and shall draw interest
at the same rate.
In case default shall be made in the payment of the above sums hereby secured, or in
the payment of the interest thereon, or any part of such principal or interest, when the same
shall become due; or in case of default shall be made in any of the covenants and agreements
thereof, or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or
any interest therein, without the prior written consent of the MORTGAGEE first had and
obtained, then the whole indebtedness hereby secured, with interest thereon, shall become
due and payable, atthe option of MORTGAGEE, and MORTGAGEE'S legal representatives and
assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law,
to foreclose on and sell the Property, and out of the proceeds of such sale, MORTGAGEE shall
pay all sums due hereunder, together with all costs of sale including reasonable attorney's
fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby
secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the
Property, and to all rents, issues and profits from the accruing of any such rights and during
the pendency of the foreclosure proceedings, and the period of redemption, if any there be.
MORTGAGOR warrants title to the Property as to parties claiming, by through or under
the MORTGAGOR only.
Witness our hands this . c;~ day of June, 2005.
RECEIVED 6/312o05 al 2:01 PM
RECEIVING # 908944
BOOK: 587 PAGE: 205
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
' ' "Willia~h~Soh~aarsPe, Member
[~n eti:e~ Shar~,~Member
State of Wyoming )
)ss
County of Lincoln )
The foregoing instrument was acknowledged before me by Lynette Sharp, this'~'~'/'~
of June, 2005.
__ day
Witness my hand and official seal.
My Commission Expires: (~ ~)
Notary Public
State of Wyoming
County of Lincoln
)
)ss
)
) he foregoing instrument was acknowledged before me by William Thomas Sharpe, this
day of June, 2005.
Witness my hand and official seal.
·,IEU. EY SAt-,~ALL · NOTN'tY
My Commission Expires:
0908.9..':
00o 3
EXHIBIT A
S~ANE¼, NE~,~SE¼, Lots 1 and 2 of Section 3, T33N Rll8W of the 6th P.M., Lincoln
County, Wyoming.
LESS AND EXCEPT any land contained in Quit Claim Deed recorded November 13, 1985 in
Book 233PR on page 105 of the records of the Lincoln County Clerk.
LESS AND EXCEPT the following described land:
A portion of the Suter property, as referred to in the Deed recorded in Book 186PR on Page
430, with the Office of the Clerk of Lincoln County, Wyoming, within the SW¼NE¼ of
Section 3, T33N Rll8W of the 6th P.M., Lincoln County, Wyoming, the metes and bounds
being more particularly described as follows:
BEGINNING at the Northwest corner of the Jerry Suter property, as referred to in the Deed
recorded in Book 146PR on Page 670, with said Office,said Point of Beginning being 327.50
feet N 0°18'40'' E, along the East line of the NW¼ of said Section 3, from the Marlowe A
Scherbel PLS 5368, 1999 location for the Southeast Corner of said NW¼;
thence N 0°18'40'' E, continuing along said East line, 300.83 feet;
thence S 89o28'43'' E, parallel with the South line of said SW¼NEk~, 446.06 feet;
thence S 0°18'40'' W, parallel with said East line, 568.33 feet;
thence N 89o28'43'' W, parallel with said South line, 313.06 feet to Point in the East line of
said Jerry Suter property;
N 0°18'40.' E, along said East line, parallel with said East line of said NW¼, 267.50
feet to the Northeast corner thereof; thence N 89°28'43" W, along the North line of said
Jerry Suter property parallel with said South line, 133.00 feet, to the POINT OF
BEGINNING.
thence
LESS AND EXCEPT the following described land:
A portion of the Suter property, as referred to in the Deed recorded in Book 186PR on Page
430, with the Office of the Clerk of Lincoln County, Wyoming, within the NE ¼ of Section 3,
T33N R118W of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more
particularly described as follows'
thence
thence
thence
BEGINNING at the U.S. General Land Office 1908, location for the Southwest Corner of the
SE¼ of Section 34, T34N Rll8W;
thence S 89°36'36'' E, along the South line of said SE¼, 2660.61 feet to the U.S. General Land
Office 1923, location for the Northwest Corner of the NW¼ of Section 2 of said T33N
Rll8W;
S 0°20'05'' W, along the West line of said NW¼, 818.75 feet;
N 89036'36'' W, parallel with said South line, 2660.28 feet to a Point in the East line
of the NW¼ of said Section 3;
N 0°18'40'' E, along said East line, 818.75 feet, to the POINT OF BEGINNING.
TOGETHER with a 60 feet wide Right-of-Way Easement to Heiner Suter County Road No. 12-
127, the center line being more particularly described as follows:
BEGINNING at a Point in the East line of the Jerry Sutter property, as referred to in the Deed
recorded in Book 146PR, on Page 670, with said Office lying within the bounds of the Right
of Way for said County Road recorded in Book 181PR on Page 407, with said Office; said
POINT OF BEGINNING being 133.00 feet S 89°28'43" E, along the North line of the SE¼
of said Section 3, from the Marlowe A. Scherbel PLS 5368, 1999 location for the Northwest
Corner of said SE¼, to the Southeast corner of said Jerry Suter property and 30.00 feet
N 0°18'40'' E, along said East line to the POINT OF BEGINNING;
thence S 89o28'43'' E, parallel with said North line, 343.06 feet;
thence N 0°18'40" E, parallel with said East line, 628.33 feet;
thence N 89o28'43'' W, parallel with said North line, 446.06 feet;
thence N 0°18'40'' E, parallel with said East line, 1263.48 feet to a Point in the South line of
the above described property.