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Home My WebLink About910492DEED OF TRUSJ~ THIS DEED OF TRUST, made this 28~ day of July, 2005, between RECEIVED 8/1/2005 at 4:40 PM RECEIVING ¢/: 910492 BOOK: 592 PAGE: 796 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Exchange 05-2990, LLC., an Idaho Limited Liability Company herein called GRANTOR, whose address is P.O. Box 580, Blackfoot, ID 83221 F1RST~RICAN IITLE COMPANY,,/NC, herein called TRUSTEE, and Lynn 1L Brown and Myma W. Brown, husband and wife whose address is P.O. Box 61, Macks Inn, ID 83433 herein called BENEFICIARY, W1TNF_SSETH: That Grantor does hereby krevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WiTH POWER OF SAI .E, that propettyin the County of Lincoln, State of Wyoming consisting of not mom than FORTY acres in area, described as follows: Part of Lots 3 and 4 of Block 24 to the Tow~ of Afl. on. Lincoln County, Wyoming being more ?a~cularly desc~ as follows: BEGINNING at a point which is 322 feet. East, from the Southwest comer of said Block 24 and running thence North 165 fee2 thence East, 100 feelc; thence South 165 feet.; thence West, 100 feel;to the POINT OF BEGINNING. ALSO Part of LoC 3 of Block 24 to the Town of Alton. Lincoln County, Wyoming being more particularly described as follo~. BEGINNING at a point which is 2635 feet. East. from the Sou~west comer of said Block 24 and running thence ~ 165 feet.; thence East. 58.5 feet.; ' thence South 165 feet.; thence West 58.5 feet. to the POINT OF BEGINNING. TOGEIZIER WITH all the tenernenls, heredilammls and ~mcm now ~ h~ ~m~ ~lm~g or ~ m~ ~g md ~ m~, ~ ~d ~fi~ ~[ ~, HO~ m ~e fi~ ~ ~d a~mfi~ h~ ~ ~ md ~ff~ ~n B~efi~ ~ cog~ ~ ~ ~h m~, ~ M~fi~; For ~e ~e of ~g: 1. P~o~ of ~h ~t of ~mr h~ ~n~ 2. Pa~t office h~ mdm~by a ~no~, of~ ~ h~flh md ~y ~ or m~ fl~fi h ~e ~ mof~e Hm~ S~ ~ ~o~d ~, $173,~.~ ~le ~ Bmefi~ or o~ md ~de by GmS, ~ ~ pa~t of~ ~d h~ ffnot ~n~{ ~ ~ ~y due ~d ~le Jm~ 24, 2~. 3. To ~~t of~ ~h ~ m ~ ~yh~ 1~ or ~c~by~e Bmefic~h~ fie Gm~rhct~h~ ~ ~y or d~ of ~ ~e ~o~ om~ ofp~t h~ f~ ~y p~, md my no~, ~ or o~ ~ ~g ~ch ~ff 1~, ~ or ~ff~ ~ on ~ tach m ~ ~e ~ ~hd~ ~d~ ho~,~t fl~e~gof~ ~1~, ~ g~~ ~ ~ ~ ~e Bmefi~, ~d ~hd~ ~, ~t it ~ fl~e ~ h~fion of ~e ~ ~ fl~ ~ ofT~ fl~ ~ s~ ~d ~ ~g ~ mfl ~d f~ ~ tach lin, ~c~ ~ ~&~ m~ ~ hm ~m ~ To pmt~t ~e s~ of ~ D~ of T~ G~tor ~'~: 1. To k~ ~d ~ h ~ con&fion m~d ~ not to ~m or d~h ~y b~g fl~m ~ m~l~ or ~om pm~fly ~d h ~ ~d wo~e ~ ~y b~g ~ch ~y ~ c~ ~ or d~ ~n ~d ~ ~y ~m ~e ~ c~ for ~r ~o~ ~d ~t~ ~h~ fl~fo~ ~ ~ly ~ ~ h~ ~mg ~d ~ or ~g ~y ~mfiom or ~v~B ~ ~ ~e ~ not to mint ~ ~t m · ~ not ~ ~ ~g or ~ my ~ ~n ~d ~ h ~o~on ofh~ ~ ~, ~, f~, ~ ~e ~d do ~ o~g ~ ~ch ~m ~e c~ or ~ of ~d p~ ~y ~ ~ly n~, ~e ~c mmmfiom h~ not ~cl~g ~e ~ 2. To pmhde, ~ ~d de~g ~ Bmefic~ ~ ~ce m~fa~ to ~d ~fls 1~ ~le ~ B~efi~. ~e ~mt m~ m~ ~y ~e or o~ ~ce ~h~ ~y ~ ~hM by Bmefi~ ~n ~y ~t~ ~ h~by ~d h ~h ~ ~ Bmefi~ ~y d~e, or g ~fim of Bmefic~ fl~e m~ ~t ~ m~ ~ ~y ~ ~f~y ~ ml~ ~ GmS. Such ~h~on ~ ml~ ~ not ~ or ~ve ~y delft ~ notice of de~t h~ or h~ ~y ag done p~t ~ ~h notice. 3. To ~ h ~d defmd ~y ~on or ~g p~g ~ ~ ~e ~ h~for ~e fi~ or ~w~ ofBmefi~ g T~; ~d to ~y ~I co~ m~d ~, hcl~g ~ of ~d~ce of rifle ~d a~om~s f~ h a ~le m ~ ~y ~h a~m or p~g h ~ch Bmefi~ or T~ ~y~. 4. To ~y ~ 1~ ~ ~ ~fom de~q ~ ~ ~d ~B ~mg ~d ~, ~ ~e, ~ mmv, c~ ~d ~, m~ h~ on ~d ~ ~ ~y ~ ~[ ~ch ~ ~ ~ ~or ~ ~or h~; ~ c~, f~ md m of ~ Tm h ~m ~ ~e ~ due h acco~ce ~ ~e m of ~e no~ h~ ~ ~e Gm~ ~ ~ ~e ~fio~ ~d on d~d o f~e Bmefic~, ~y ~ch ~n~ 1 / 12 o f~ ~ ~ ~, ~~, ~ce ~, ~ce ~ o~ c~ ~n ~e ~, n~el~ ~ ~ for Gm~s ~ ~d ~efl ~d f~ he pa~t by Bmefi~ of ~y ~h i~ ~ ~ Gm, is ~m m ~ ~y ~ co~ a deflflt md~ ~ ~ 5. To ~y ~m~ ~d ~o~ d~d ~ ~ ex~d~ by B~efid~ ~ T~ p~t'~ ~e ~iom h~[ ~ h~ ~m ~ of 6. Shoed Gm~r f~ m ~e ~y ~t or ~ ~ ~y ~ ~ ~ ~d~ ~m B~efi~ ~ T~, b~ M~o~ oberon m ~ do ~d ~o~ notice to or d~d ~n Gmtor md ~o~ ml~hg Gm~r ~ ~y oblation h~[ ~y ~e ~ do ~e ~ h ~ch ~ ~d to ~ch ~t ~ ei~ =y d~n~ to ~ fl~e ~ h~[ Bmefi~ or T~ ~g a~o~ p ~ ~d ~ for =h p~; ~ h ~d deled ~y a~m orp~gp~g ~ ~t~e ~ h~for~e fi~B or~ om~efic~~?y;pm~, con~ ~ co~ my m~, c~ or hm ~ch h ~e just of ~h~ ~ ~ ~ ~or or ~or h~; ~{ h ~g ~y ~h ~, or h ~g ~ ~ ofT~ byju&~ fo~l~, ~y n~ ~, ~loy co~l md ~y ~ ~le l~...:: _ B. It is mutually agreed that: [ i'), ~ ~ 9 ? 1. Any aware o f damages in connection with any condermation for public use o f or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the sane rmnner and wifla the sarm effect as above provided for d/sposition of proceeds of tim or ohher inarance. 2. By accepting payrrent of any sum secured haeby after ils due date, Beneficiary does not waive his right either to require prompt payramt when due of all other sums so secured or to declare defiault for failure so to pay. 3. At any tirm or from tkre to tirr~ wllhout liability ltmefor and without notice, upon written request of Beneficiary and pmsenlation of this Deed and said note for endomammt, and wilhout affecting the pasonal liability of any lXxson for payment of fie indebtedness secum:t hereby, Trustee may reconvey all or any part of said prot~, consent to the maldng of any rmp or plat thereof} join in granting any easement thereon; or join in any extension agreart~t or any agreement sulmrdinating lhe lira or charge hereof. 4. Upon written request of Beneficiary stating that all sur~ secured hereby have been paid, and upon surrender oflh/s Deed a~A said note to Trustee for cancellation and retention and upon payn~nt of ils fees, Trustee shall reconvey, without warranty, the pmi~lhen held hereunder. The mcilals in any reconveyance executed under this Deed of Trust of any rrallas or fi~s shall be conclusive proof of the mmhfulness thereof. The grantee in such reconvey, mm may be descntxxt as '~he pason or pemons legally entitled thaeto." 5. As add/I/oral security, Grantor hereby gives to and confers upon Beneficimylhe fight, power and authority, during the continuance of~ Trusm, to collect the rents, issues and profits of said p~, msahng unto Grantor the right, prior to any default by Grantor in paymmt of any indebtedness secured hereby orin perfonra~e of any agreamnt hereurder, to collect aha relain suchrmls, issues andpmfits as lheybecorre due andpayable. Upon any such default, Benefichry may at any ~ without notice, eilher in person, by agent, or by a reohver to be appointed by a court, and wilhout regard to the adequacy of any security for the indebtedness herebysecumd, enter upon and rake possession of said property or any part thereof~ inhis own narre sue for or othawise collect such rents, issu~ and profits, including those past due and unpaid, and apply the same, less corn and expaases of operation and collection, including masorable attomes/s fees, upon any indebtedness secured hereby, and in such order as Beneficiary nay determine. The entering upon and ~king possession of said property, lhe collection of such rents, issues and profils and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pumuant to such notice. 6. Upon default by Grantor in paymmt of any indebtedness secured hereby or in perforrmnce of any agrea-rtmt hereunder, all sums secured hereby shall imn~iately becorr~ due arid payable at the option oflhe Bmeficia~. IN fl~e evmt of default, Beneficiay shall execute or cause the Trustee to execute a writtm notice of such default and of his election to cause to be sold the haein descn'bed property to satisfy the obligations hereof, and shall cause such notice to be recorded in office of the recorder of each couray wherein said rml propaly or sorm part thereof is situated. Notice of sale having been given as then required by law, and not less than the tirm lhen required by law having elapsed, Trustee, without damnd on Grantor, shall sell said property at lhe am and place fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it n,ay detan-a~e, at public auction to lhe highest bidd~ for cash in lawful n~ney of the United States, payable at tirre of sale. Trustee shall deliver to the purchaser ils deed conveying the property so sold, but wilhout any covenant or wammty express or implie4 The recitals in such deed of any mattem or facts shall be conclusive proof of'the ~ thaeof. Any pason, including lhe Beneficia~ urder hhe Deed of Trust, may purchase at such sale. After deducting all cosls, fees and expenses of T~ and oflhis Trust, including cost of evidence of I/fie and rmsonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payramls of.' all sums expaxted under the terms hereof~ not then repaid, with accrued interest at eight percent per annum; all oltm' sums then secured hereby;, and the remainder, ff any, to the pason or pasom legally entitled hereto. 7. This Deed applies to, inures to lhe ,tx:nefit of; and binds all parties hereto, lheir heim, legatees, devisees, adrm~qtmmm, executom, successom and assigns, the term Beneficia~ shall mean ~ holda' and owner oflhe note secured hereby;, or, iflhe note has been pledged, he pledgee ~hereof. In tlfis Deed, whenever context so requires, lhe ~ gender includes lhe fa'nka~e and/or neuler, and the singular nm includes the plural. 8. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Beneficiary or T~ shall be a party unkss brought by Trustee. 9. In the event of dissolution or resignation oflhe Trustee, the Benefic/a~ rray substitute a trustee or auste~ to execule the trust hereby crea~d, and when any such substitution has been filed for record in the Office of the Recorder of the county in which the prope~ haein descntx~ is situated, it shall be conclusive evidmce ofthe appointrmnt ofaich trustee or trustees, and such new trustee or trustees shall mcca:d to all of the powas and duties ofthe trustee or ~ narrtxt here~ Request is herebyrmde ltkat a copy of any Notice of Default and copy of any Notice of Sale haeunder be rmiled to the Grantor at his address ~fore set forlk GRANTORS: Exchange 05-2990, LLC., an Idaho Limited Liability Company Exchange Services, Inc., Member BT. Shauna I~rnretl . It's: President STATE OF IDAHO · ) COUNTY OF BNGHAM On this 26th day of Ju~y, in the year of 2CC~, before me, the undemigned personal~ appeared Shauna Romrell, knoum or iderrCified to me to be the President of:the corlcora~on who execure~ the instrument on behalf of said corporatSon as member of Exchange 05-2990, LLC., an Idaho Limit~_d Liabil~ Company, and acknc~ed to me that she ~ecur&~ the same as Pr~idenC ~the corporation, as member of Exchange 05-~, LLC., an Ida .~,.~Com?any. ///