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HomeMy WebLinkAbout911520Name of Mortgagor: CERTIFICATE OF SATISFACTION -WYOMING Made this 23rd day of June ,2005 Samuel R. VanSickle Name of Mortgagee: AgChoice Farm Credit, ACA Name of Last Assignee: None Date of Mortgage: 4/14/2004 Original Mortgage Debt: $3,200,000.00 Mortgage recorded on 4/14/2004 , in the Office of ~13e. Recorder of Deeds of Lincoln County, VVYOMING, in Book (.~._5.~2..Page ~ 39/!. (unless the "NONE" is inserted after the "Name of the Last Assignee" above, ~h-clude) the following: Cas'[ assignment recorded on , in the Office of the Recorder of Deeds of County, PENNSYLVANIA, in Mortgage Book Page Brief description or statement of locatiOn of mortgaged premises: 2453+~- acres located in Lincoln County, Wyoming on Parcel ID No 01-0757647 also known as Timber Draw Ranch. The undersigned hereby certifies that the debt secured by the above -mentioned mortgage has been fully paid or otherwise discharged and that upon the recording hereof said mortgage shall be and is hereby fully and forever satisfied and discharged. IN WITNESS WHEREOF, said AgChoice Farm Credit, ACA, for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA has caused it's corporate name to be subscribed by: Jeffrey A. Moser Vice President Vice President STATE OF PENNSYLVANIA, County of Blair , to wit: On this 23rd day of June , 2005, before me, Leann R. Rightnour the undersigned officer, personally appeared, Jeffrey A. Moser known to me (or satisfactorily proven) to be the person whose name is subscribed as Vice President for AgChoice Farm Credit, ACA, for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA and acknowledged that he executed same as the act of his principal for the purposes therein contained. In witness wher/e3of, I hereunto set my hand and official seal. No~/~t Public My commission expires: A-122 (4/10/01) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leann R. Rightnour, Notary Public North Woodbury Twp., Blair County My Commission Expires Sept. 23, 2008 Member, Pennsylvania Association of Notaries RECEIVED 9/6/2005 at 11:29 AM RECEIVING # 911520 BOOK: 596 PAGE: 587 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Samuel R VanSickle 1231 Trap Run .Rd Accident MD 21520 "'oRTOILg.8 5 0 6 "l"incindes each mortgagor above. ' AgChoice Farm Credit, ACA 5000 Rit~/.~uite 101 '; 00588 ,:: ;, lb. Pi;i 3:53 MORTGAGEE means g'~ m~rtga~ RgALESTAT~ MORTGAO~_,For value received. !. Samuel R VanSickle, of Garrett County, Maryland mortgage, gram a,d convey to you. with power of sale on April 14, 2004 fire rea~ estate described below and rtgl]ts, easements, appurtenances, rents, leases And Improvements -',nd fixtures Il,at may now or at any time In the furore' be part of the property (all called the 'property"), PROPERTY ADDRF.~3: Lincoln County, Wyoming LEGALDESCRIP~ON: Se~ attached description Io~ated in Lincoln County, 3tam of W~OMING. T~:I covennnt and warr~t title to ~e properS, except for encumbrances of record, municipal and zoning ord~s, current taxes and assessmenu not yet due and The a::ached ~cels SECURED DEBT: This mn.gage secures repayment of the secured debt and the performance of the covenants and agreements contained in this mortgage and in any other document incorporated herein, Secured debt, as used in this mortgage, inclodes any amounts 1~ may at any time owe you under this mortgage, the in.~trument or agreement described below, any renewal, refinancing, extension or modification of such instrument or agreement, and, if applicable, the furore advances described below. .The secured debt is evidenced by (describe the instrument or agreement secured by this mortgage ~r~ ~tgref,m~toS:~o0 and and the date thereof:) Note o The above obligation is due and payable on ~arlier. The d. ptal ~.r~naicl balance secured by this mortgage at any one time shall not exceed a maximum principal a.~. ount of Three m~-±lion, lwo~r~unar e~ Anousane Dollars$3,200,000 plus interest, and all other amounts, plus interest, advanced under the terms of this mortgage to protect the security of this mortgage or to perform any of the covenants and agreements contained Ln ~is mortgage. [] Future Advances: The above amount is secured 'even though all or part of it may not yet be advanced. Furore advances are contemplated and willbe made in accordance whb tbc terms of tile note or loan agreernent evidencing the secured debt and will have priority, to lite same extent as if made on the date this mortgage is executed. [] Variable Rate: The Interest rate on the obligation secured by this mortgage may vary according to the terms of that obligation. [] A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this mortgage and made a part hereof. RIDERS: 'IX] Commercial [] Construction [] SIGNATURE& By signing below, I agree to the terms and covenants contained on pages I and 2 of this mortgage. In any instruments evidencin,g the secured debt and in any riders described above and signed byme, I acknowledge receipt of a copy of this mortgage. Samuel R VanSickle ACKNOWLEDGEMENTS: STATE OF ~ County of YL~Tnv~]~ ss: Pennsylvania Blair Individual or Corporation with goal Cotpornlton with no . ..Real The fnreontno ;qstrumcnt was acknowledged before me by. Tile foregoing instrument wa~ acknowledged before me by_ day of Witness my hand and official seal. My Commission Expires: _August 1,8, 2007 Samuel R VanSickle .this __ ., ;a corporation ha~ no corpo.rate seal. Ins. '_'COMMONWEALTH I1~ ~ENNSYLVANIA I .Janlne A. Teeter, Notary Public ,,..,No~_ W.o~.bury Twp., Blair Cotmty I ~¥ t.;omml.sslon Ex, res Aug. 18, 2007 Member, Pennsylvania ~ation Of Notates · 1. Payme&ts. ! agree to make ill payments on the secured debt when due. Unless we agree otherwise, any payments yo~ receive from me or for my benefit willbe applied first to any amounts I owe you on the secured debt exclusiveof interest or principal, second, to interest and then lo principal. If partial prepayment of the secured debt occurs for any reason, it will not reduce or excuse any subsequently scheduled payment until the secured debt is paid in full. '00589 :2. Claims against TIUe. 1 willpay all taxes, assessments, liens, encumbrances, lease payments, ground rents, and other charges relating to th~ property when due. You may require me to provide to you copies of all notinns that such amounts are due and the receipts evidencing my payments. I willdefend title to the property against any claims that would impair the lien et' this mortgage. You may require me to assign any rights, claims or defenses which I may have against parties who supply I:lbor or materials to improve or maiutsio the property. 3. Insurance. t wilt keep the prnpere/ insured under terms acceptable to you at my expense and for your benefit. This insurance wiU include a standard mortgage clause in your favor. You wittbe named as loss payee or as the insured on any such insurance policy. Any insurance proceeds may be applied, within your discret on, to either the restoration or repair of the damaged property or to the secured debt ifyou require mortgage insurance. I agree to maintain such insurance for as long as you require. 4. Property. ! will keep the property in good condition and make all repairs reasonably necessary. [ willgive you prompt notice of any I'osa or damage to the property. , 5. Expenses. ! agree to pay all of the expenses you incur, including reasonable anorneys' fees, if[ breach any covenants in this mortgage or in any obligation secured by this mortgage, ! will pay these amounis to you as provided in Covenant 10 of this mortgage. 6. Default nnd Acceleration. If i fai~ to make any payment when due or breach any covenants under this mortgage, any prior mortgage or any obligation 'secured bythis mortgage, you may, at your option, accelerate the maturity of lbo secured debt and demand immediate payment, and exercise arty other remedy available to you. You may enforce this mortgage by exercisingany remedy provided by law, nc udlng but not limited to, the power of sale. You will be entitled to a judgment for any deficiency as provided by law. if y. ou elect to exercise you power of sale you wilt give notice of your intent to foreclose by advertisement and sale as provided by law You wilt pubfish notlee of the sale and sell the property according to applicable law. The proceeds of the sale wilt be applied first to the costs and expenses of the sale including, bul not limited to, reasonable afforoeys' fees. then to payment of the secured debt, and finally,if there is any surplus, to the person(s) legally entitled to it. ?. Assignment of Rents and Profits and Leod6r in Poeseselon. t assign to you the rents and profits of thc property. Unless we have agreed otherwise in wridng, l may collect and retain the rents as long as I am not in default. If you accelerate this mortgage as Wovided in paragraph. 6 or itl abandon the property, you are entitled to enter upon, lake possession and manage the property, and collect the rents and prolits of the property, either in person~ by agent or by court appointed receiver, until the expiration of any period of redemption fullowingjudicisl sale. Except when otherwise directed by the court, any rents and profits you collect wiUbe applied first to the costs of managing the property and collecting the rents and profits, iocludlng, but not limited lo, receivers fees, court costs, and reasonable attorneys' fees, and then to payments of the secured debt as provided in Covenant 1. g. Prior Security Interest. 1 will make payments when due and perform all other covenants under any mortgage, deed of trust, or other security agreement that has priority over this mortgage. I willnot make or permit any modification or extension of any mortgage, deed of tro.~ or other security interest that has priority over this mortgage or any note or agreement secured thereby without your written consent. I will prompdy deliver to you any no{ices I receive from any person whose rights in the property have priority over your rights. 9. Leaseholds; Condomin'iumSl P~anned Unit Developments. t agree to comply with the provisions of any lease if this mortgage is on a leasehold. If this mortgage is on a unit in'a condominium or a planned unit development. I will perform all of my duties under the covenants, by-laws, or - regulations of the condominium or planned unit development. 10. Authority of Mortgagee to Perform for Mort~agor. If I fail to perform any of my duties under this mortgage, or any other mortgage, deed of trust, lien or other security interest that has priority over this mortgage, you may perform the duties or cause ~hem to be performed. You may sign my name or pay any amount if necessary for performance. If any construction on the property is discontinued or not carried on in a reasonable manner, you may do whslever is necessary to protect your secur ty interest in the property. This may include completing the construction. Your failure to perform will not preclude you fi.om exercising any of your other rights under the law of Ihis mortgage. Any amounts paid by your Io protect your security interest will be secured by this mortgage. Such amounts will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time on the secured debt lt. tnspecUon. You may enter the property to insPect it if you give me notice beforehand. The notice musl state the reasonable cause for your inspection. 12. Condemnation. t assign to you the prooeeda of any award ur claim for damages c~nnected with the condemnation or other taking of all or any pan of the property. Such proceeds willb; applied as provided in Covenant 1. This assignment is subject to the terms of any prior security agreement. 13. Waiver. By exercising any remedy available to you, you do not give up your rights to later use any other remedy. By not exercising any remedy, if I default, you do nut waive your right to later consider the event a default if it happens again· 14. Joint and Several UnbilltTI Co-Slgnersl .Successors nnd A.~gns Bound. All duties under this mortgage are jaim and several. If I sign this mortgage bul do not sign the secured debt ! do so only to mortgage my interest in the property to secure payment of thc seCured debt and by doing so, [ do not agree to be personally liable on the secured debt. t also agree that you and any party to thin mortgage may extend, modil~ or make any other changes in the terms of Otis mortgage or the secured debt without my consent. Such a change will nol release me from thc terms of this mortgage. The duties an~ benefits of this mortgage shall bind an benefit the successors and assigns of either or both of us. ;' 15. Notice. Un/ess otherwise required by law, any notice to me shall be given by delivering it or by mailing it by certified mail addrnssed to me at the Property Address or any other address that i tell you. ! will give any notice to you by certified mail to your address on page I of this mortgage, or to any other address which you have designated. Any notice shall be deemed te have be~n given to either of ua when given in the manner stated above. 16. Transfer of the Propert7 or a Ileneflcbal Interest. In the Mortgagor. If all or any part of the property or any interest in it is sold or trauaferred without you prior written consent you may demand immediate payment of the secured debt. You may also demand immediam payment if the mortgagor is not a natural person and a beneficial interest in the mortgagor is sold or transferred. However, you may not dcmand payment In the above situations if it is prohibited by federal law as of the dale of th~s mortgage. 17. Release. Pursuant to law. when 1 have paid the secured debt in foil. all underlying agreements have been terminated, and ! have mailed to you a written request for the release, you willrelease this mortgage without charge to me within 30 days of your receipt of my request for the release, I agree to pay all costa to record the relca~e. 18. SeverablllW. Any provision or ,:isnse of this mortgage or any agreement evidencing the secured debt which conflic~ with applicable law will no{ be effective unless that law expressly or implicdly permits variations by agreement. If any provision or clause of this mortgage or an agreement evidencing the secured debt Cannot be enforced according to its terms, this fact willnot affect the enforceability of the balance of the mortgage and the agreement evidencing the secured debt. 19. Waiver of Homestead Exemption. l hereby release and waive all rights under and by Virlue of the homestead exemption laws of WYOMING. 20. Hazardous Substa.ces. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in thc Property. Borrower sh'.fll not do, nor allow anyone else to do, attything affecting the Property Ihat is in violation of arty Environmental Law. The preceding two senlences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses attd Io maintenance of the Property. Borrower shall prompdy give Lender written notice of any inves!igation, claim, demand, lawsuit or other action by any governmental or regulalory agency or private party involving the Property and any Hazardous Subslance or Enviromnent;tt Law ut' which Borrower has actual k.uwledge, If Borrower learns, or is notified by any governmental or regulatory authority, Ihtlt any removal'or other remediation of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary remedial ac!ions in accordance wilh Environmental Law. As used in !his paragraph 20' "H ' azaroous Substances" are those substances defined as toxic or hazardous Substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides und herbicides, volatile solvents, materials coutaining asbestos or forrnaldehyde, and radioactive materials. As used in this paragraph 20, "E ' 'nvtronmental Law" means redentl laws and laws of the jurisdiction where the Property is located that relale to hc:tlIl~, safety or enyironmenla ~rotection. OS:gkqgO~~ ;3SG All that certain tract, lot, piece, and parcel of land situated in the County of Lincoln, State of Wyoming, and described as follows to-wit: T28N R_II.0W of the 6th P.M., Lincoln County, Wyoming Section 4: Lots 3 and 4 and WI/zSgV~; Section 5: Section 6: Section 7: Section 8: Section 9: Lots 1, 2, 3 aud 4 and.S~A; Lots 1, 2, 3 and 4, W~SW~A, SE~ and E~ASW~4; All. All. L00590 T28N R.120W of the 6th P.M., Lincoln County, Wyoming Section 1: Lots 1, 2 and 3, NEgSE~, SE~SE~.aud W~ASEg. T29N RllgW o{ the 6th P.M., Lincoln County, Wyoming Section 3,1: S rASE ~,4. Excepting and reserving from the above property: ParceJ 1 Ownemhip: ROW Easement: Parc~{ 2 Ownership: ROW Easement: Par'ce/3 Ownership: ROW Easement: SE1/4SE1/4, Se~on 7, T28N RI 19W oft'he 6"~ P.M., Uncoln County, ~/yoming. 30 foot easemen~ thru the S1/2.SW~/4; SWl/4$E1/4, Section 7, T28N R119W of the P.H, Lincoln County, Wyomin9. NWl/4NWl/4, Sc'dion 7, 1'28N R119W ortho 6m P.M., Lincoln Count?, Wyoming: 30 foot easement thru the W1/2SW1/4; SWl/4NWl/4, Secdon 7, T28N RI 19W of the 6~ P.M., Uncoln County, Wyoming. SW1/4NWl/4, Section 7, T28N R119W of the 6m P.NI., Lin~ln County, Wyoming. 30 foot easement thru the Wl/2SW1/4, Section 7, T28N R119W of the 6m P.M., Uncoln County, Wyoming. Cross Default Clause 00591 It is understood and agreed that a default under the terms of either this present mortgage or a certain mortgage to PennWest Farm Credit, ACA, and recorded at Record Book Volume 1416, Page 805, in the Land Records of Somerset County, Pennsylvania; and a certain mortgage to AgChoice Farm Credit, ACA and recorded in Record Book Volume 1447, Page 272, in the Land Records of Somerset County, Pennsylvania; and a certain credit line deed of trust to AgChoice Farm Credit, ACA and recorded at Book 0983, Page 085, in the Land Records of Monongalia County, West Virginia; and a certain mortgage to AgChoice Farm Credit, ACA and recorded at Book 2552, Page 142, in the Land Records of Fayette County, Pennsylvania; and a certain credit line deed of trust to AgChoice Farm Credit, ACA, and recorded at Book 334, Page 36, in the Land Records of Preston County, West Virginia; and a certain credit line deed of trust to AgChoice Farm Credit, ACA, and recorded at Book 332, Page 963, in the Land Records of Preston County, West Virginia; and a certain mortgage to AgChoice Farm Credit, ACA, and recorded in Book 2808, Page 816, in the Land Records of Fayette County, Pennsylvania; and a certain deed of trust to AgChoice Farm Credit, ACA, and recorded in Liber No. 929, folio 332, among the Land Records of Garrett County, Maryland; and a certain deed of trust to AgChoice Farm Credit, ACA and recorded in Liber No. 934, folio 810, among the Land Records of Garrett County, Maryland; and a certain deed of trust to AgChoice Farm Credit, ACA and recorded in Liber No. 993, folio 302, among the Land Records of Garrett County, Maryland; shall constitute a default under the terms of all. AgChoice Farm Credit, ACA, for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA, is the legal holder of the obligation, bond or other evidence of debt secured by said mortgage. Samuel R.~e, Borrower